Formal complaint: Impartial attitude and courtesy, Interaction with community, Crime scene processing and evidence collection, and secure and identify witnesses

OF
CITY
RUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0958
October 4, 2021
Complaint: Complainant alleges that there was a shooting and police chase near building 3 of
their apartment complex. The complainant allegedly recorded the scene on their phone. The
complainant's recording allegedly captures several individuals breaking into a building across
from the complainant's residence. Complainant then called police. Later, complainant alleges that
she was told to speak with an officer outside about her recording. The complainant allegedly
spoke with a 5' 6" female officer with blonde hair. The complainant allegedly attempted to show
the officer the videos the complainant recorded on her phone while the chase was still ongoing.
Complainant said that she felt unsafe standing outside with the female officer and alleges that the
female officer was not listening to her. Complainant then proposed to send the videos to the
female officer, but the officer did not want to give the complainant their phone back. The female
officer did not provide the complainant with the officer's name or email address to send the
recordings. Complainant only has the phone number from which the officer called:
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
LUSTIC
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
302.2 INTERACTION WITH COMMUNITY
(f) Evidence on a Camera or Recording Device
1. If an officer has probable cause to believe that a camera or other recording device
contains images or sounds that are evidence of criminal acts, the officer shall request that
the person either:
(c) Where possible and practicable, and in the presence of the officer, voluntarily
transmit the images or sound via electronic mail to the officer's official
government electronic mail account.
401.4.1 CRIME SCENE PROCESSING AND EVIDENCE COLLECTION
(c) At all other crime scenes:
3. Employees will identify any possible sources of video or photos of the scene and
determine if they may contain any pertinent evidence. Any information regarding sources
of pertinent evidence shall be documented in the employee's supplement.
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case. Since potential witnesses to an incident may be lost or the integrity of statements
compromised with the passage of time, officers should take reasonable steps to promptly
coordinate the following tasks with on-scene personnel
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.