Formal complaint: Equal employment opportunity and non-discrimination

OF
DATE
SUBTOTAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0601
May 15, 2020
Complaint: Ms.
complainant, submitted an online complaint to the Office of
Police Oversight alleging the following:
"In the
I was an applicant for the Austin Police Department Regular Cadet
Academy scheduled to begin in
Following review of my application I was
accepted to proceed with Phase I testing. Following successful completion of Phase I
testing on
I was met by Background Investigating Officer
At that time, he made, what I believe were, inappropriate and biased comments about any
future APD polygraph test completed on my behalf. Moving forward with the background
investigation which took place over the course of several months
I was informed of my disqualification via e-mail on
Following this, I contacted Officer
via telephone to inquire the reasoning
behind my disqualification as that was not included in the e-mail communication. During
the telephone conversation, I was informed that my disqualification was based on the lack
of life experience and my age. Upon review of the Austin Police Department General
Orders, Officer
violated policy 914.2 under section 914.3.1 Discrimination which
additionally falls under a violation of federal, state, and local laws regarding equal
employment opportunities. Furthermore, I took it upon myself to file an open records
request on
in efforts to retrieve my completed applicant file.
Following submission of my open records request, I received a majority of the requested
files several months later. Upon full review of pertinent application files, to include the
formal disqualification memorandum submitted by Investigative Officer
, I
discovered further inconsistencies with the terms of my disqualification. Under the APD
General Orders, Officer
violated policy 900.3 General Conduct, section
900.3.1 Honesty, via multiple acts of omission which misrepresented facts of responses
contained in reference questionnaires. This violation subsequently warranted in defamation
and an unjust three year disqualification, There were further inconsistencies with the
memorandum and entire background investigation process which demonstrate that my
cadet application investigation was conducted on the basis of discrimination and was not
thoroughly and/or appropriately executed. **Additional Side Note (Separate from Above):
I have supporting documents that can be turned in should they be required at a later
date/time. (cannot upload on IA section)"
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.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
914.2 POLICY - EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION
The Austin Police Department is committed to providing a work environment that is free of
discrimination, harassment, sexual harassment, and retaliation and that ensures equal
employment opportunities for all employees. Discrimination, harassment, sexual harassment, and
retaliation based on a protected class, in any form, as defined in federal, state, or local law, will
not be tolerated. Protected classes include race, color, religion, creed, sex, gender, pregnancy
status, genetic information, sexual orientation, gender identity, national origin, ethnicity, age,
disability, and veteran status or other legally protected class.
Every employee is responsible for maintaining a professional environment free of discrimination,
harassment, sexual harassment, and retaliation, and for bringing to the City's attention conduct
that interferes with providing a work environment free of discrimination, harassment, sexual
harassment, and retaliation.
Findings of discrimination, harassment, sexual harassment, or retaliation against an employee
may result in discipline up to and including discharge or indefinite suspension.
914.3.1 DISCRIMINATION
Discrimination is the unequal or different treatment of an individual in any employment and/or
personnel action based on a protected class, as per section 914.2. The Department will recruit,
hire, train, compensate, discipline, provide benefits, and promote without regard to a protected
class. The Department will employ positive business and personnel practices designed to ensure
equal employment opportunity.
900.3.1 HONESTY
Honesty is of the utmost importance in the police profession. Employees are expected to be
truthful at all times in the performance of their duties.
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 Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO declines to make a recommendation.
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.