Formal complaint: Purpose and scope and other policy violations

OF
CITY
LUSTEM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1173
November 29, 2021
Complaint: The complainant alleges:
Two APD officers showed up the school where I teach (a K-4 elementary school) un-announced
and entered campus without alerting the front office or anyone in leadership (principal, assistant
principals). They entered the school building and began walking around the hallways and
classrooms looking for a student. Several school officials asked them why they were there and
what they were doing. The officers explained that a "concerned citizen" had called and alerted
them that a child was walking around outside of the school. Even after the school assistant
principal and social worker informed the officers that there is a campus crisis plan currently in
place for this student, and that this student has been monitored the whole time and that the
student"s parent was on the way, the officers would not stop searching and would not leave the
building. This student is in special education and receives specialized support by me, her teacher,
a professional trained in mental and behavioral health. I was monitoring the student from afar
waiting for her mom to arrive when the officers cornered my student causing her to run away in
fear - which made the situation worse. I am extremely upset and angry. Police should not show
up at a school with majority black and brown students and begin chasing a child. This is
traumatizing to the specific student, her family and the rest of the students. I understand that
sometimes police need to come to a school in case of an emergency, and am grateful that we can
rely on police for protection in case of an emergency like an active shooter or lockdown, but this
was not an emergency, it was a small child running around outside. The officers should have
looked for the front office or called the school to check what was going on before they arrive on
campus unannounced and begin chasing and scaring students.
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
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
CHAN
LUBER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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 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:
(b) Citizen complaints of non-criminal incidents requiring action by the police.
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.