Formal complaint: Impartial attitude and courtesy

CITY SUBTOTAL
OF
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1096
November 29, 2021
Complaint: Complainant alleges he and a friend were helping a disabled homeless lady set up
her tent in the downtown area. Complainant alleges as he was leaving, Officer
drove up
in a marked SUV and took the tent down, promised the disabled lady he would set it up across
the street and told her she needed to be out of sight out of mind. Complainant alleges Officer
told her he was going to move her under the
Complainant alleges the
officer harassed her for 30-45 minutes. Complaint alleges Officer
harassed her SO much
that she did not want him to set it up and finally they both gave up and he just left the tent on
the
ground. Complainant alleges the disabled lady would not let him set it up because he intimidated
her with his authority. Complaint alleges she is protected by the American Disability Act, and
you can't take people's houses without providing them housing. Complainant alleges the lady
ended up using her tent as a sleeping bag on the ground. Complainant alleges the officer touched
the disabled lady twice and she told him not to touch her anymore. Complainant alleges Officer
kept cruising by to see if the tent was set up SO he could take it down again.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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):
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
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
QUARTER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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 this complaint 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.