Formal complaint: Purpose and scope and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0101
May 4, 2020
Complaint: Mr.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during an interaction with him. Mr.
alleges that
Officer
was "dipping" in uniform and spitting on the ground in front of him. In
addition, he alleges that officers "just laughed" when a civilian made a threat on him. Mr.
further alleges that officers were "stealing tents from homeless people" and that they "laugh
about it," adding that they are "very abusive to homeless people," and there is "not enough
supervision." Mr.
also listed Officers
,
, and
in his complaint.
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):
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.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
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.
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
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900.2 REQUIRED REPORTING OF VIOLATIONS
Employees have an obligation and responsibility to report all facts or credible information they
know regarding any criminal activity by other employees or any breach of APD written
directives.
900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION
Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and
to protect lives and property.
900.4.4 DUTY TO IDENTIFY
(a) Unless doing SO would jeopardize an undercover officer or a covert operation,
employees will furnish the name and identification number of any employee, including
themselves, to any person requesting such information regarding matters in which
the employee was acting in an official capacity. Names of employees will be given in
sufficient form to fully identify the employee.
946.2 POLICY
(a) Employees shall not use tobacco products (e.g., cigarettes, chewing
tobacco, electronic cigarettes) while engaged in official police business with the public
or in any City building or City vehicle.
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.
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.