Formal complaint: Incident reporting and other policy violations

OF
CITY
TURNER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0558
June 21, 2021
Complaint: The complainant alleges: Her car broke down near the
exit by
area and she immediately called her tow truck company to come out and pick up her car,
however a hero driver was dispatched and pulled up wanting to move her car even though it was
not in an unsafe area. She told him she already had called her towing company to pull it to where
she needed it and that the area he was trying to move her to was unsafe to where other cars could
possibly hit her not seeing her until too late. The hero driver remained persistent with her and told
her if she didn"t let him push her car out the way he was going to call the police and get it towed
on his own. As the hero driver walked off to call the police her tow truck driver was pulling up for
her car. The officer that was dispatched after the hero driver called the police came and was very
rude and discourteous to her by letting her know that if it was him that had come first he would"ve
had her car pushed off the road whether she gave her permission or not. She didn"t understand why
he came to just threaten her instead of helping to resolve the situation between her and the hero
driver.
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):
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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
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
GIVE
RUSTIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
402.2 INCIDENT REPORTING
A well-written report can help make a case just as easily as a poorly written report can ruin a case.
Employees have the responsibility to write clear, factual, and complete reports.
303.3 (1) DEPARTMENT ISSUED BODY WORN CAMERA
Employees assigned to the units below are required to power on the device at the beginning of
their tour of duty and not power the device off until the end of that tour of duty.
(a) Patrol
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances it may not be possible to capture images of an incident due to conditions or
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only be activated for law enforcement purposes.
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.