Formal complaint: General conduct and responsibilities

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS: 2019-0225
Date of Complaint: March 19, 2019
Complaint:
On March 10, 2019 complainant came into the Office of Police Oversight to file a formal complaint on
Austin Police Department Officer [Redacted]. Complainant alleged APD officer came towards them in a
menacing manner when they observed officer "blowing the clippings into the street" and that the officer
then came towards the complainant's house and asked "why is she taping him".
Additional information:
A statement was recorded by OPO Complaint Specialist.
The following is a written statement submitted by complainant:
At approximately [Redacted] I observed Officer [Redacted] one of your officers blowing the debris from
his lawn, trimmings, leaves etc. onto the street, the wind was high and it was blowing all over, onto
neighbor's car, my yard and sidewalk.
I
have complained about other neighbors doing this including his friend across the street from where I
live and sent off complaint recently to HOA along with pictures, I followed up with HOA and was told
they sent the neighbor across the street a notice about doing this. I believe this was being done as
retaliation when his friend told him about notice as he has done this on many occasions in the past.
I
decided to videotape [Redacted] to send it to the HOA as it is against rules to blow your debris onto
streets and as a person of law enforcement he should know better. I believed that he observed me doing
SO and took his cell phone out of his pocket held it up in one hand and with a blower in the other hand
starting to advance towards my direction in a threatening manner. I live adjacent to him. I became uneasy
as I saw him advancing towards the front of my home in the direction where I was standing, I became
afraid and stepped behind the brush, he then told me to not hi de behind the brush, I replied this is
my
house and I pay the mortgage for it SO I can do whatever I want in it. I also said I did not receive my
home for free SO I value it.
My hubby came out after hearing voices and told him he is going to Internal Affairs in the morning
regarding him, to which [Redacted] replied: "that is fine", we then retreated inside of our home.
This is one of many incidents over the years of his irrational behavior not befitting a member of law
enforcement - this includes numerous incidents of blowing debris onto streets, setting fireworks within
city limits on despite HOA notices it is against the rules of HOA.
Administrative Policy to Review:
900General Conduct and Responsibilities
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
900.3 GENERAL CONDUCT
This section contains the expectations and requirements of employee conduct, both on-duty and off-duty,
and causes for disciplinary action due to employee misconduct. This is not intended to cover every
possible type of misconduct and does not preclude the recommendation of disciplinary action for specific
action or inaction that is detrimental to efficient Department service.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty and off-duty may reflect directly 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.
(a) Employees will not commit any act which tends to destroy public confidence in, and respect for, the
Department or which is prejudicial to the good order, efficiency, or discipline of the Department.
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.