Formal complaint: Impartial attitude and courtesy, Required documentation, and Reporting the active targeting of a firearm at a person

OF
CLASS
SUBTOTAL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0867
August 24, 2021
Complaint: The complainant alleges: Hello. I called 911 at the
because the staff at this school lost
my daughter,
She is a 4 yo PRE-K student and doesn't speak English yet. She did
not come back home from school at
pm. We try called to school but no one answered the
phone. After 30 minutes around
pm, we finally understood where our daughter was. I Got
into my vehicle and with the oldest daughter,
13 yo, we went to the school to
pick up
But when we arrived and went inside the school (I was without a weapon but the
gun was in a vehicle in the parking lot (the person who opened the door for us was Assistant
Principal
)
I ask
to open the door and give my child. She said - NO. I ask
her a second time, she answered - NO. After a couple of minutes, she goes inside and told my
daughter she can go to me.
starts screaming and crying. Outside the glass door I try to calm
down her. When she goes out
takes care of her. I told
I need to speak to her
about what happened. She answers NO and closes the door. At this moment I decide to call 911
and asking help with this situation. I explain to dispatch what happens, my name, where are I
and
that I have a gun in my vehicle. And I sit and wait for the PO. When I waited I heard someone
from the office talk with the police and tell them a different story. When I saw a PO car I opened
the door outside and waved my hands for the PO to come. They stop their vehicle went outside
and immediately pulled a gun on me. I put my shirt up for the show to the PO I have no gun on me
and put my hands on my head. Then PO comes to me and then detains me and escorts me to the
police vehicle. And I tell my story. At this time my daughters
and
sit in the school.
saw how PO go to the teacher's room and talk with the personnel. They were laughing
loudly about something. I think it is very funny then your daughter was missing for 30 minutes
and no one knows where she is. After the PO return from school, they removed the handcuffs and
told me to go to the park and sit on the bench. The PO starts talking about how I'm not legal to
open carry on a school parking lot and if I continue to argue with him I will be arrested for a
criminal charge. The PO told me I will meet with
the Director of Security from
and he tells me I'm trespassing and am not welcome at this place
anymore. But they couldn't tell me what LAW I was breaking. At this moment I understand the
police do not protect me like a parent who doesn't understand what happened with their daughter
and why the school does not do anything to resolve this situation.
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.
OF
SUBMIT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
328.3.2 REQUIRED DOCUMENTATION
Every member of the Department is required to document and report to the Department any
detention, frisk, search, nonconsensual stop and/or arrest of a person. Officers shall document the
following information in the appropriate fields of an incident report, field release citation,
warning, field observation card or electronic street check.
402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON
By the nature of their duties, officers may be required by general orders and training to point
their firearm, including impact munitions, and actively target at a person. This section does not
create an additional requirement for officers to initiate an incident report; however, officers that
actively target their firearm at a person shall properly document the incident as outlined.
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.