Formal complaint: Purpose and scope and other policy violations

OF
CITY
KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0419
April 23, 2020
Complaint: The Office of Police Oversight received an anonymous complaint alleging that an
Austin Police Department (APD) officer may have violated policy during an interaction with an
individual
The complaint alleges, in part, that after self-quarantining/isolating for 14
days due to possible exposure to COVID-19, an individual went
to
with a mask and
gloves on. While there, the individual was reportedly encouraging people without masks and
gloves to "take this seriously and be very careful," using the individual's own experience as an
example. The complaint alleges that by the time the individual got to the pharmacy, they were
approached by an officer who told them that they would have to leave the building. The
complaint further alleges that when the individual asked the officer why, the officer did not
respond and instead said again that the individual had to leave "right now." The complaint
alleges that the individual left immediately and called
later to talk to a manager, and that
when they spoke to a manager, they were told that the officer asked them to leave because the
manager had gotten complaints about them telling people that they had COVID-19. The
complaint alleges that they never said anything like that, and that they "didn't know there was a
city ordinance that if you're having a conversation about concerns, police officers can just ask
you to leave like that."
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
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
DEPART
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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.
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.
F
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.