Formal Complaint: Obedience to orders, Insubordination, and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1074
September 17, 2020
Complaint: The Office of Police Oversight received a complaint from
alleging
that APD came to her home and was targeting her son. She states that her son opened the door
after hearing a noise and officers told him he "fit the description" of a burglary. She also states that
her son advised officers that he has a GPS ankle monitor and hadn't gone anywhere.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order 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):
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is necessary
because obedience of a superior's lawful command is essential for the safe and prompt performance
of law enforcement operations. This section also applies to orders received by an employee in the
field training program from a Field Training Officer (FTO).
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 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 are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
317.5.2 WORKING WITH PARENTS
A child's parent or guardian has personal legal responsibility for the child's welfare and behavior.
The Department recognizes this responsibility and police officers will work with parents as closely
as possible in interviewing children. Examples of procedures that help parents are:
(a) Explaining a child's illegal or suspicious behavior as soon as possible.
(b) Responding with patience and understanding to questions that are defensive or reflect
a parent's fears about police procedures and the court system.
(c) When reasonable, giving parents advance notice that their child will be interviewed or
interrogated.
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
GINT
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
317.5.4 GENERAL GUIDELINES FOR INTERROGATING JUVENILES
(a) Interrogations: An interrogation is the questioning of a juvenile who is suspected of
a
status or criminal offense.
1. On-scene Interrogation: Street interrogations should be avoided until after the
juvenile can be processed unless it is absolutely necessary for the preliminary
investigation. However, street interviews often present exigent circumstances that
demand immediate action from the responding officer. Suspects, weapons and
evidence may be lost if information is not immediately obtained. Officer safety,
safety of the public, and the need to obtain basic information are considerations that
patrol officers must deal with in making decisions regarding the street interrogation
of a juvenile. The general rules of interrogation and admissibility of evidence apply
to juveniles, with additional requirements existing for custodial interrogations.
328.3 MEMBER RESPONSIBILITIES
Every member of this Department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any known instances of racial or bias-based profiling to a
supervisor
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.
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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.