Formal complaint: Obedience to orders, Insubordination, Purpose and Scope, Impartial Attitude and Courtesy

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1159
October 14, 2020
Complaint: The Office of Police Oversight received a phone complaint from
stating that he was trying to purchase a gun and two officers were there on their lunch break
purchasing a gun as well.
states that he felt like he was being discriminated against
when the manager of the store was refusing to let him purchase a gun after presenting all the proper
information and licensing to him.
states that the manager asked the two officers to
remove him from the store.
states that he wasn't sure the officers were stating the right
information, and he alleges that the officers were intimidating, aggressive, and unprofessional.
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.
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.
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
ALUBIA
OFFICE OF
NOTICE OF FORMAL
1839
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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.
SUNDED
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.