Formal complaint: Neglect of Duty, General Attendance

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
ICMS 2018-1158
Date of Complaint: 12/5/2018
Complaint:
Complainant came to OPO stating her husband who is an Austin police officer has come home early, he
will take his gear off, take shower, and sometimes fall asleep and then he'll go 42 when it gets 4 pm. This
has happened on numerous occasions, usually an hour or 1.5 before his 42 time. Complainant stated he is
a motor officer and he takes the toll road home SO she is sure this can be seen on camera.
Officer: [Redacted]
Based on the allegation(s), the following APD policies may have been violated:
900 General Conduct and Responsibilities
F
A
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties. Examples of unsatisfactory performance
include, but are not limited to:
(a) Lack of knowledge of the application of laws required to be enforced.
(b) Unwillingness or inability to perform assigned tasks.
(c) Failure to take appropriate action on the occasion of a crime, disorder, investigation or other
condition deserving police attention.
(d) Failure to respond to any call or to perform any police duties assigned to them
by appropriate authorities.
(e) Absence without approved leave.
(f) Repeated poor evaluations.
(g) Written record of repeated infractions of rules, regulations, directives or orders of the
Department.
(h) Failure to follow department standardized training and tactics when it was objectively
reasonable to do SO.
(i) Employees are expected to be truthful at all times in the performance of their duties.
However, there may be instances where, initially, the employee has not been truthful; but, before
the investigation is complete, the employee provides an accurate and detailed accounting of their
true culpability in a situation, and accepts full responsibility for their actions. In those cases, the
Chief may consider each case on a fact-specific basis.
955Attendance and Leave
955.2 GENERAL ATTENDANCE GUIDELINES
(a) Employees will not be absent from work without prior approval from an immediate
Supervisor.
1. Unless a different notification is required by a Unit SOP, employees have the responsibility of notifying
an immediate supervisor at least one (1) hour prior to the scheduled work start time if they are going to be
absent.
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
SUBTOT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
2. Employees who fail to report to work at the assigned place and time, or who leave work or an
assignment without proper authorization will be subject to disciplinary action.
3. Employees may not work in excess of 76 hours of any combination of regular duty, department overtime
or LERE assignments within a work week without the approval of a Lieutenant or above.
4. Employees may not work any more than 16 hours of any combination of regular duty, department
overtime, or LERE assignments within a consecutive 24 hour period without approval of a Lieutenant or
above.
5. Employees will advise their immediate supervisor when they will exceed or have reason to believe they
will exceed 16 hours in a workday no later than 2 hours prior to reaching the end of the 16th hour.
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.