Formal complaint: Purpose and scope and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0244
April 20, 2020
Complaint: The Office of Police Oversight received a complaint alleging that Austin Police
Department (APD) officers may have violated APD policy during an interaction with
The complaint alleges that APD responded after
called, and that one officer
was rude and "did not let us explain" what was going on.
also alleges disrespect by
APD officers.
The Office of Police Oversight is the complainant.
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.
301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS
APD constantly works to establish direct contacts with the community we serve. Without
grassroots community support, successful enforcement of many laws may be difficult, if not
impossible. Community involvement can be an effective means of eliciting public support, can
serve to identify problems in the making, and may foster cooperative efforts in resolving
community issues. Input from the community can also help ensure that agency general orders
accurately reflect the needs of the community.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS
AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used.
In some circumstances it is not possible to capture images of the 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.
401.2 INITIAL RESPONSE AND INVESTIGATION
(b) The primary officer shall make a preliminary determination if a crime has been
committed.
(c) Generally, officers assigned to calls or discovering incidents requiring a report shall
be responsible for the preliminary investigation and required paperwork.
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case.
609.2 LANGUAGE INTERPRETER SERVICE
(a) The Language Interpreter Service should be used when interpretation is necessary to
provide services to the public and to perform police duties.
(b) The Language Interpreter Service should not be used:
1. For interpretation for Spanish-speaking persons. Spanish-speaking employees
are available on each shift and throughout the Department.
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.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
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.