Formal complaint: Purpose and scope – Responsibility to the community

CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0220
April 6, 2020
Complaint: Mr.
complainant, submitted the following online complaint to the
Office of Police Oversight:
"I was on a humanitarian mission to find a homeless person who has a serious medical
condition and needs to be hospitalized. I was making enquiries at homeless camps near
and wearing my Sunshine Homeless Naviation Center badge,
when I was approached by Officer
who spoke to me in an extremely belligerent
tone, asking what was I doing there, and then, before I could answer him, asked why I had
come out of a tent. I had never entered the camp. He then yelled at a man who was inside
the tent to come out, and when he did started questioning him very belligerently, asking
lots of questions for which the answer should have been "None of your business". After
that man left, I explained to Officer
that his tone of voice sounded extremely
aggressive, and was not warranted as he had seen no evidence of any crime. He replied that
the homeless camp was a known area of high drug activity, and why would I have been
there if I wasn't involved. He also said that he had been to my house on drug related calls,
which is absolutely false. I do not allow drugs in my home, just last week we threw out a
woman
)
because she had drugs. The calls to my house have been
mainly related to people trespassing who became belligerent when asked to leave. Officer
spoke in a very rude manner to both me and to one of the residents. If he "knows"
that there is drug dealing going on there (as there may be) he should get a warrant and
search the place. If he has no evidence of drug activity he should not be acting this way
towards people who he has not seen commit any crime."
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 RESPONSIBILITY TO THE COMMUNITY
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,
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
KUSHING
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
318.4 CONSENSUAL ENCOUNTERS
Officers are encouraged to initiate interviews with people of the community in order to gain a
thorough knowledge and become an integral part of the community.
(b) An interview should be conversational and not confrontational.
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 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.