Formal complaint: Purpose and scope and other policy violations

CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0368
May 4, 2020
Complaint:
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during interactions with her related to a landlord-tenant
issue. She alleges that her landlords came over to evict her, and that when officers came after she
called 911, they allowed the landlords to "steal her things." Ms.
further alleges that the
landlords told officers that they needed to move into the house and that Ms.
was going
to have to share with them. Ms.
states that officers told her she had to allow the
landlords to come into her house and move her things into the garage and told her she "had to sit
here and watch it and bear it."
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.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an incident due to conditions
or location of the camera, however the audio portion can be valuable evidence and is subject to
the same activation requirements. The BWC should only be activated for law enforcement
purposes.
401.2 INITIAL RESPONSE AND INVESTIGATION
(c)The primary officer shall make a preliminary determination if a crime has been
committed.
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
GINE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
404.2 POLICY
The Austin Police Department recognizes that a law enforcement presence at a civil dispute can
play an important role in the peace and safety of the community. Subject to available resources,
officers of this department will assist at the scene of civil disputes with the primary goal of
safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, officers will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
404.3 GENERAL CONSIDERATIONS
When appropriate, officers handling a civil dispute should encourage the involved parties to seek
the assistance of resolution services or take the matter to the civil courts. Officers must not
become personally involved in disputes and shall at all times remain impartial.
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.
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.