Formal complaint: Insubordination and other policy violations

OF
CITY
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0473
May 17, 2021
Complaint: The complainant alleges he called the cops for an incident where he was attacked by
two people. When the officers got to his location, they didn't do anything to those who he identified
as his attackers and also reported the incident wrong in the APD system. Complainant further
alleges he told officers that he wanted to press charges on the attackers and they still did nothing
to help him even though one of the attackers was on bond for another incident and was still allowed
to leave with nothing being done. Complainant alleges he was treated unfairly and provided no
help in an instance where he called for help
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):
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
301.1 RESPONSIBILITY TO COMMUNITY - 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.
402.1 INCIDENT REPORTING AND DOCUMENTATION - PURPOSE AND SCOPE
Documentation is a major part of each officer's job. Reports, including CR-3s, may be used to
document information to assist investigators in follow-up investigations. Field release citations,
warnings, field observation (FO) cards and electronic street checks are used to document law
enforcement actions and/or contacts with the public. Sufficient information should be included in
any form of documentation to: (a) Assist in prosecution. (b) Refresh an officer's memory during
testimony. (c) Comply with legal requirements and Department General Orders.
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
CHILL
LUBAR
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
418.2 FAMILY VIOLENCE - ENFORCEMENT GUIDELINES
The primary duties of an officer who investigates a family violence allegation, or who responds to
a disturbance call that may involve family violence, are to protect any potential victim of family
violence and enforce the law by making lawful arrests of violators. Officers making an arrest for
any incident involving family violence shall direct file all charges as outlined in General Order
323 (Booking and Arrest Review), unless directed otherwise by the appropriate investigator.
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.