Formal complaint: Impartial Attitude and Courtesy, Discrimination, Harassment, Responsibility to Coworkers
Complainant alleges that an Austin police commander has discriminated against her employees based on their race and sexual orientation. The Office of Police Oversight recommends that this allegation receive an A classification.
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CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1518
September 26, 2020
Complaint: An anonymous complainant contacted the OPO and alleged the following:
I wish to anonymously report a clear violation of Austin Police Departments policies by
Commander
Commander
violated the departments Equal
Employment Opportunity and Anti-Discrimination policies by creating a toxic and hostile
work environment for two employees who work in her command, Sergeant
and Sergeant
. Sergeant
and Sergeant
are both members
of a protected class of employees as defined by departmental policy, City of Austin policy,
state and federal law. However, they have been singled out and treated differently than
other members in her command and the department based in part on their protected class.
Commander
has routinely targeted these two employees for harassment and
discrimination by her conduct and actions. This is evident in her many micro aggressions
toward these two individuals VS. other supervisors in her command. She has treated them
differently based upon their sexual orientation, how they express their sexuality and gender
identity, as well as their race. She continues to manifest her discrimination of these two
employees by her continued harassment of their job performance, denial of employment
opportunities, and failure to recognize their professional expertise. She has denied them
the same opportunities and selections in assignments as other members of the department.
Commander
actions towards these two employees have created a hostile work
environment where both employees are under undue stress and anxiety and live in fear of
retaliation by her and her command. I believe Commander
has violated several
sections of the above departmental policy and has participated in the prohibited conduct of
discrimination, harassment and retaliation towards these two supervisors. Witnesses that
can provide further details of the events and Commander
prohibited conduct are
Chief Brian Manley, Chief of Staff Troy Gay, Assistant Police Chief Jennifer Stephenson,
, Detective
and potentially many other members of the
department. Listed above are clear violations of the department and City of Austin's Equal
Employment Opportunity and Anti/Non-Discrimination policy. I request a full, compete
and unbiased investigation be conducted of Commander
and her actions towards
these employees. I do not wish to be contacted or involved any further in this investigation.
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):
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,
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 AUSTER
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
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friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
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
914.3.2 HARASSMENT
(b) Employees shall
gage in conduct which could reasonably create a hostile work
environment at any time while on duty or on City premises, or even if not on duty, but participating
in any work-related setting outside the workplace, such as traveling on City business or attending
professional conferences.
900.5 RESPONSIBILITY TO COWORKERS Cooperation among employees of the Department
is essential to effective law enforcement. (a) Employees are expected to treat each other with
respect.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases
The OPO recommends that this allegation receive an A classification.
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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.