Formal complaint: Purpose and scope and other policy violations

OF
CITY
RUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1109
November 29, 2021
Complaint: Compliant alleges he was shopping at
, and they had a problem with
his physical disability and wanted him to leave the store. Complainant alleges he explained his
situation, but they still called the police. Complainant alleges Officers
and
show
up on location. Complainant alleges he explained the letter of the law and how the American
Disability Act protects his rights and the officers acknowledged but refused to acknowledge his
disability was a disability. Complaint alleges he asked to speak to the officers' supervisor.
Complainant alleges he talked to
corporate office, and they did not have a
problem with him shopping at their store. Complainant alleges asked to speak to a supervisor
and the officers had him go across the street to wait for supervisor. Complainant alleges Officer
was parked in a fire lane, SO he asked him to move his vehicle because it was dangerous
in case there was a fire. Complainant alleges the officer responded he was waiting for
supervisor. Complainant alleges as he was walking away Officer
looked at him with
disgust like he was doing something wrong. Complainant alleges when the corporal showed up
and he did not acknowledge his complaint and did not listen to what he was telling him about
what the officers had done. Complaint alleges the Corporal said there was nothing he could do
because the officers were within their rights. Complaint alleges he asked to speak with his
supervisor, and he said he would get his supervisor to come out and to just wait there and they
left. Complainant alleges he waited for a long while, but no one ever showed up. Complaint
alleges he asked for a police report, but they did not give him anything---but just left him there.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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
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
LOSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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 shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim.
An incident number will be assigned and all required fields completed during documentation
anytime an employee observes or receives any information concerning the following, but not
limited to:
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.
(b) Sworn employees taking police action while not in uniform will, as soon as possible,
display their police badge or APD ID and state the purpose for taking police action.
(c) Employees will provide the name and business telephone number of their immediate
supervisor upon request by any person.
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
QUESTION
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
(d) Officers and employees shall comply with their duty to identify as soon as it is
reasonable to do SO under the circumstances.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B 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.