Formal Complaint: Purpose and scope, obedience to orders and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0653
June 26, 2020
Complaint:
complainant, alleges that an Austin Police Department Officer
may have violated policy while conducting a traffic stop in which she was the driver. She
states as follows:
"The officer stopped me SO I turned down my window. I noticed he didn't have a mask
and he came very close to me. I had a mask and sunglasses. I went only to pick up my
husband's food for the night. He came very close to the window. I told him that my
husband was high risk. He has an illness that doesn't have any treatment. The only
treatment is a liver transplant. I was thinking he was going to put the mask on, but he
didn't. He went to his car but he didn't come back with a mask. I was really afraid at that
moment. When I came home, I told my husband and he said it was very inadequate for
service for an officer in the States. My husband's doctor said that he can't by any means
contract this disease. I repeated to the officer two times about my husband."
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.
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is
necessary because obedience of a superior's lawful command is essential for the safe and prompt
performance of law enforcement operations. This section also applies to orders received by an
employee in the field training program from a Field Training Officer (FTO).
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
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
DIAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
801.3 UNIFORM GUIDELINES
Sworn employees wear a uniform to be identified as the law enforcement authority in society.
The uniform also serves to identify the wearer as a source of assistance in an emergency, crisis
or other time of need. Some civilian employees also wear a uniform to be identified as part of a
specific assignment (e.g., crime scene, victim services).
(a) All sworn employees shall possess and maintain a serviceable uniform and the
necessary equipment to perform uniformed field duty at all times.
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 a B classification.
The City of Austin is committed to compliance with the American Disabilities Act.