Formal complaint: De-escalation of potential force encounters and other policy violations

OF
DEAT
CUSTOMER
OFFICE OF
POLICE OVERSIGHT
AMENDED NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0342
May 25, 2021
Complaint: Mr.
submitted an online complaint to the Office of Police Oversight
stating:
"Officer stationed at
on
every Saturday (as he told me), was
extremely rude and aggressive from the start of our interaction. I parked my car at
because I was (mistakenly) told by a supervisor at my employer,
,
that I could park there since on certain days employees are required to park outside of the
restaurant's own parking lot when it gets really busy SO as to leave space for customers to park.
When I got out of my car, the officer got out of his vehicle and proceeded to rudely tell me I
couldn't park there or he'd have my car towed. As I tried explaining the situation and what my
supervisor at work next door had told me, he grew more aggressive and said I was lying. This
went on for a few minutes as his tone grew more agitated. I took it upon myself to try to de-
escalate the situation SO I said I didn't want any trouble, and I would move the car, which helped
a
little, but still didn't change his demeanor in any major way. This whole situation seemed
very unnecessary, as a simple, "Hey, you can't park here." would have been fine and even more
ideal if he had explained to me that the reason I couldn't park there, and the reason he is
stationed there is because the hotel is probably going to be
Which is information I was unaware of since I just started working at
, and one of my
coworkers later made me aware of and said we weren't allowed to park there anymore. All this
being said, I can only imagine what other situations can set this particular officer off, if
someone half his size doing something as benign as mistakenly parking their car in a prohibited
area could cause him to become overly aggressive and rude despite no belligerence on my
part.."
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):
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
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
LUBERT
OFFICE OF
POLICE OVERSIGHT
AMENDED NOTICE OF FORMAL COMPLAINT
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact 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.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM 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 shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without regard
to personal feelings, animosities, friendships, financial status, occupation or employment status,
sex, disability status, housing status, mental health or ability, citizenship, language, national origin,
creed, color, race, religion, age, political beliefs, sexual orientation, gender identity, gender
expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
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.
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.