Formal complaint: Arrest guidelines

OF
CITY
SUBTOTAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0547
August 4, 2020
Complaint: Mr.
submitted a complaint to the Office of Police Oversight
stating that he called 911 because his ex, whom he has a protective order against, was threatening
to come over to Mr.
He then called a second time because his ex was at that moment
trying to come to his house. He called a third time when his ex came to his house and was trying
to break down the door or come through the window. When he called the third time, he was told
that officers had already responded earlier. Mr.
explained that the officers responded to his
call that his ex was threatening to come over, but not this call where his ex actually came. No one
came in response when his ex was actually at his house trying to break in despite the fact that he
has a protective order against his ex. Mr
states he had to fight his ex off himself. He further
states that the police think it's all a joke and that six different officers have told him that they have
a pool and have wagered on whether it would be Mr.
or his ex who would call next and
whether it be Mr.
or his ex who would be arrested first. Mr.
feels he is the laughing
stock of the Austin Police Department.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order to determine if the employee conduct is within compliance of APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
419.3.2 ARREST GUIDELINES
Officers must carefully read a protective order prior to taking enforcement action to verify the
details of the prohibited conduct and that the order is still in effect.
303.3.1 WHEN DEPARTMENT ISSUED BWC USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an incident due to conditions
or location of the camera, however the audio portion can be valuable evidence and is subject to
the same activation requirements. The BWC should only be activated for law enforcement
purposes.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect upon the Department,
employees must conduct themselves at all times in a manner which does not bring reproach,
discredit, or embarrassment to the Department or to the City.
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.
OF
CITY
AURTH
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
900.3.2 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling terms in
any communications.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
E
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.
1839
The City of Austin is committed to compliance with the American Disabilities Act.
Reasonable modifications and equal access to communications will be provided upon request.