Formal Complaint: Obedience to orders- insubordination and other policy violations

OF
STATE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #:2020-0557
June 26, 2020
Complaint: The Office of Police Oversight received an online complaint from
stating as follows:
On
while working security for
site at
I was notified by a
employee that a
male subject was harassing our customers while they were waiting in line to enter the store.
For this site, I am in a full security uniform and licensed by the state of Texas as a level II
security officer as well. The line is due to the pandemic outbreak nationwide and only a
limited number of customers are allowed in the store at once. The suspect was described
as a w/m with a "chicken" on his shoulder. Upon exiting the store I could see the male as
described by the employee, walking up and down the line talking aggressively to our
customers. The male was described as w/m, 5'7, 160 lbs, wearing red/white/blue shirt, blue
pants, sandals and carrying an american flag and having a chicken on his shoulder. I waited
close to the store entrance and tried calling the site security from
Security. Before I
could get through, the subject came up towards to the entrance, still harassing customers
and I met him at the tent
has set up just before entering the store. The
subject, immediately began saying it was his american right to protest and walk around
even though it was private property. I responded by telling the subject to please leave our
customers alone and to please leave the immediate area. The subject then abruptly said,
"I'm going to sneeze on you if you don't move out of my way", while standing less than
two feet away. I told the subject, who was not wearing a mask or any other protective gear
at the time, to please leave the property and he continued to warn that he was going to
sneeze and then immediately sneezed on my face, he then stated, I told you I was going to
sneeze. I responded by punching him on the left side of the face and then taking him to the
ground to detain him for assaulting me by spitting/sneezing on me intentionally. I then held
him down until police arrived. I then summoned for a customer to call 911. Once police
arrived, they placed the subject in handcuffs and I immediately went to the front of the
store to get sprayed down by alcohol disinfectant and hand sanitizer. The manager of the
store came over and spoke with me and stood by while the situation was sorted out. The
first officer that came up to me was Officer
I gave him my identification as
required and he said I'll return SO we can do the criminal trespass warning? I immediately
said, what about the assault? He slightly acknowledged that but I stood by while he went
back to his patrol car. After a couple of minutes I walked towards Officer
location
where other officers were standing by with the subject. Those officers were
Officer
then updated me that he was doing the report for CTW and not
be taking the subject into custody for assault as it was just a simple assault of assault by
contact? I did not feel that enough was being done based off of available Texas statues that
are in place to protect security officers during instances such as this. I asked for a supervisor
and was told that Sgt
would be en route. While standing around waiting, not
one of the many officers asked me for my side of the story nor if I was injured, needed
ems, needed to be decontaminated, etc. Basically no investigation was done, just an
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
assumption of CTW and go about the day. One officer,
was standing next to me as i
was speaking to my store manager. The witness and person who was summoned to call 911
was walking by and leaving the area, SO i asked Officer
to please get his information
as it was pertinent to the assault and investigation. He blatantly refused after several
attempts to persuade him to do SO. Instead,
was more interested with why i even
needed a supervisor to the scene and was by far the most unprofessional officer i have ever
come in contact with, spoken to and was unimpressed with today's culture of policing. His
snarky attitude, refusal to help gather information that was important to an investigation
was unnecessary and not helpful to say the least. Shortly there after, the Sgt,
arrived and we discussed my concerns with the lack of investigation, questioning, attempt
to gather evidence and even requested that he as a supervisor reach out to arrest review for
assistance to see what can be done based off of the texas statue in place to protect security
officers that are for many years considered public servants during assaults. The sgt was
very hesitant, and explained that he had confidence in his officers and that they had already
looked up the statute. The subject was released without further incident, I took my own
photos of my injuries, (abrasions) sustained during the scuffle. E ith that, i was told
that any injury not directly inflicted by the assailant would not constitute and assault in this
case. I even pleaded with
nd
, what about public intoxication? the
subject was clearly under the influence of an unknown substance and a clear danger to
himself and others, nothing. I am disappointed in the level of training and lack of
investigation done every time time an officer is called to our location. This is
unprofessional, needs attention and needs to be investigated to ensure the culture of
laziness or lack of knowledge decreases.
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.
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
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.
401.2 INITIAL RESPONSE AND INVESTIGATION
(c) The primary officer shall make a preliminary determination if a crime has been
committed.
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case. Since potential witnesses to an incident may be lost or the integrity of statements
compromised with the passage of time, officers should take reasonable steps to promptly
coordinate the following tasks with on-scene personnel:
(b) Obtain necessary identification from witnesses and an account of what they observed.
402.2.2 REPORT WRITING
(a) All reports shall accurately reflect:
2. All pertinent info neard. ssimilated by any other sense.
402.2.5 SUPERVISOR RESPONSIBILITIES
(a) All reports routed to a supervisor's queue shall be reviewed for compliance with
Department General Orders. Supervisors must ensure there are no Incident Based
Reporting (IBR) errors and approve the report by completing the "Date approved" field
and "Approved by" field on the front page of the GO. Reports that are incomplete or
inadequate shall be returned for correction
801.3 UNIFORM GUIDELINES
Sworn employees wear a uniform to be identified as the law enforcement authority in society.
The uniform also serves to identify the wearer as a source of assistance in an emergency, crisis
or other time of need. Some civilian employees also wear a uniform to be identified as part of a
specific assignment (e.g., crime scene, victim services).
(a) All sworn employees shall possess and maintain a serviceable uniform and the
necessary equipment to perform uniformed field duty at all times.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in any
communications.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do anything that
might incite that person to violence.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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 a B classification.
A
UNDED
1839
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.