Formal Complaint: Assessment and de-escalation, impartial attitude and courtesy and other policy violations

OF
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0619
August 3, 2020
Complaint: Mr.
submitted an online complaint to the Office of Police Oversight
stating the following:
"On the date of
in the
boat launch parking lot I had an
interaction with officers that I feel needs to be reviewed and addressed by supervision. I
will attempt to give details of the encounter, as well as the relevant events leading up to the
interaction. I am requesting that a formal inquiry be undertaken including body camera
video review for Officers
and their supervisor with who we
addressed these issues onsite with directly. I was riding my motorcycle through the
on my way to the
area. As I began to approach (solo)
the
underpass I noticed a Police SUV on the road with its lights on. The
officer
was not directly in sight of the vehicle as I approached. As
I
approached noticed an officer who seemed to be directing traffic to go through the parking
lot entry, of which I complied. Believing that there was perhaps an accident the officer was
rerouting traffic around through I proceeded through the lo
rected.
The
parking
lot
had both an entry and an exit and the officers vehicle was on the road in front of the exit
with a car length both in front and behind the vehicle. Cars were being directed on either
side of the vehicle both towards the entry and towards the other
direction of
the boat launch further down the road in front of the officers car. This was being done by
the officer himself I noted as i went through the large U-shaped parking lot. As
I
approached the exit of the parking lot the officer
was not at that time in sight
directing the lot exit and I assume was helping to direct traffic behind his vehicle towards
the parking lot entry. As I had seen the officer allowing vehicles to pass on either direction,
both in front and behind his vehicle, I assumed both directions were acceptable routes and
continued down the road in front of the officers car unimpeded or informed otherwise. I
received 1
m the officer except to enter the
parking lot
initially and had followed
bund the parking lot towards the exit. I
continued down the road about a 1/4 mile and out of sight of the underpass and initial
detour. I was directed by another officer who was standing in the road to enter the parking
lot of the boat rental and launch, of which I complied. Th
ficer
approached and instructed me to park the vehicle. As I attempted to pull the 800 lb touring
model motorcycle into a safe stopping position SO that I could safely park and interact
Officer
grabbed my right arm. He pulled my arm with two hands and wrenched down
hard and it was a challenge to even keep the bike upright or under control. This is the hand
that controls the throttle and it nearly caused me to wreck the bike into the parked car of
which I was attempting to pull the bike in next to. The officer was extremely aggressive,
irate, and screaming for identification. I attempted to inform him that I was trying to park
the vehicle safely to comply. The bike is extremely heavy and for it to not fall over (even
on kickstand) when parked it must be on flat surface or faced uphill. The exit to the boat
launch U-shaped parking I was directed to enter is sloped downhill and is made of uneven
gravel. I attempted to re orient the bike to dismount and provide I.D.. I was wearing a full
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
AUSTEN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
face mask and the motorcycle does have a loud exhaust system but I was clearly audible
and communicative with the officer about attempting to safely park the vehicle SO we could
figure out what was going on. The motorcycle has high handlebars and is extremely
unstable to maneuver on gravel surfaces, letting go of which in a non safe stop position
will cause the bike to fall on me. I had almost fishtailed and high-sided the vehicle as I was
navigating through the first parking lot
detour) because of uneven
gravel surfaces. I was attempting to avoid another unsafe parking lot navigation in order to
safely stop the vehicle and provide identification. I had clearly communicated to the officer
that I was attempting to park the vehicle in a safe manner to access identification. Officer
put myself, other park patrons, and himself in harms way nearly causing an accident
by using unnecessary and overly aggressive force. When I parked the vehicle the officer
continued
ng,
rude,
and
aggres
sturing as I inquired as to why he had
stopped n
st place. This was the first instance I had heard of anything out of
traffic CO1
he officer finally informed me he was detaining me for ignoring a
barricade when several other officers showed up. I have the utmost respect for the law,
traffic/safety protocol, and first responders who put their lives on the line to protect and
serve. At this point it was the first I had heard that Officer
car was parked on the
road to stop traffic from proceeding towards boat launch area where other officers were
conducting a series of tows, for those that had parked along the side of the road. With no
formal barricade structure erected o lection from officers other th
o reroute through
parking lot I believed I had been in compliance with the detour established. Officer
continued his negative tone and made several condescending remarks about my inquisitive
attitude and even attire. I had entered the initial parl
with an acquaintance (also on
bike) who had been separated from myself in road traffic from cars exiting other lots along
the mile long entry. I had assumed he had made it past the detour in the same manner but
found he was also directed in the lot and had safely parked on the entry side of the boat
launch. He also informed the officers that he had received no direction at the informal
Officer SUV road re-route. We
er when we had
approached the "barricade"
parking lot detour and had been stopped
separately at the boat launch. It is obvious the initial barricade route was not clear as we
both had made similar inferences (separately) that the road was passable around the open
lot exit and neither of us received any direction from Officer
otherwise. Had either
of us been properly informed we would have complied as directed. No such direction was
given and all requests and directions understood by officers in the second parking lot were
immediately acknowledged and complied with. When Officer
showed up to the boat
launch parking he was extremely short with myself and uninterested in gathering material
facts of the situation at hand. He exclaimed" Take it up with the judge"an took our
identifications from the officers we had given them to respectively. When we informed
him of how he had given no direction to myself other than to enter the parking lot reroute,
no direction at all to the other rider (who I was not with), and that I had exited through the
parking lot as I believed was allowable and had been initially directed; he merely ignored
the comments altogether refusing to discuss the situation that had led to the citations he
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
KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
handed us. The supervisor of Officers
and
showed up shortly after. The
supervisor was extremely cordial and respectful as we discussed the events that had
transpired. He was understanding of how dangerous it is when bikes are not properly
parked before dismount and was informed that Officer
had made it more difficult for
myself to comply with his request. There were several other officers on scene who were all
fine upstanding lawmen in terms of their interactions with myself and their conduct. The
supervisor was informed that Officer had used excessive force and was extremely
rude, confrontational, and poor at using deescalation techniques to properly assess the
situation. The supervisor was also informed that officer
had never given either rider
signal that the car represented a direction of impasse. I was informed by him that he would
be reviewing the body camera footage to discover the facts and overall conduct. I am
writing in
sure that a formal
conducted not merely because I feel
the office
ong in how they approached the situation. This effort is aimed at
encouragi
officers receive the reprimand and training they need to conduct
proper community relations through protocol instead of escalating minor traffic
misunderstandings into major mishandled fiascoes. I felt I was accosted instead of
protected by officers unwilling to listen to reason and were
interested in reprimand
than producing beneficial results for peacekeeping. I would appreciate a follow up response
and hope that situations like this can be handled better in the future."
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 compli
APD policy, Civil Service
Rules, and Municipal Civil Service Rules.
Recommended Administrative Policies to Review (to include but not limited to):
200.2.1 ASSESSI
DE-ESCALATION
As officers arrive on the scene, obs
nteract with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
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.
900.3.4 PERSONAL CONDUCT
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.
CITY OF RUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
(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.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
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.
Recommended
ion: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an 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.