Formal complaint: Purpose and scope–responsibility to the community and other policy violations

OF
CITY
SUBTOTAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS 2020-0266
May 18, 2020
Complaint: Mr.
complainant, submitted an online complaint to the Office of Police
Oversight alleging the following:
"At 1155 pm I called 911 because of a disturbance occurring on the street lasting more
than 15 minutes, because the noise was entering my apartment
which resides next to the
I was instructed by the 911
operator to report what was occurring SO I stepped out into the walkway between the
complex Property to get a look at what was occurring. As soon as I did four people are
running down the sidewalk in my direction, and notice me on the phone, start Accusing
me if I'm calling 911. One of them jumped on me, calling me a
While another
tried doing the same but I managed to push them away. I didn't even know what to do but
try to see where they were going to give the police an idea in which direction they were
heading. This all occurring while I still had the operator on the phone an officer finally
approached me, starts accussing me of being involved in the the whole mess, while I'm
trying to tell him I had 911 Operator on the phone, because he assumed I was part of the
whole mess on the street. He seem to be in investigative mode as soon as he approached
me, I dont know if he saw me being attacked by two of those four people from that
crowd. But it seemed like he did, but instead went into investigative mode instead of
displaying some humanity. It's not until a few minutes later when two other officers
arrived that he started asking if I needed medical care? I didn't get the officers name, but
he did take mine on his mini note pad. Is this proper protocol? He didn't give me any of
his information. He didn't display any empathy, sympathy or understanding. I called 911
to have the police investigate the noise and arguing that was entering my unit, I get asked
to provide information by the operator and get attacked, accused, and felt made
unimportant by trying to do the right thing. Please address with your officer that not
everyone on the street is a punk, and I nor anyone else should be made to feel inferior to
their authority, he is to supposed to serve and protect, not witness and report while a
crime is in progress. That's a security officers job. If he saw me being pushed around or
attacked he should have ran up to the assailants, and tried to get them off of me, and
instead he assumed I was part of the mess on the street and reported that he had one of
the individuals" not sure of the exact wording he used, but he did communicate on his
talkie to the operator or other officers.. he didn't act or react or display the role of a
public servant. I have a feeling the officer saw me being pushed to the ground, one of
those four had their hands on me, and the officer did nothing. a sorry, or a thank you
would have sufficed. Please if he had a video camera please review it and see what he
saw and what point he decided to and how to react. Thank you for anyone who reads and
looks into this. Ive provided a video of a recording of the noise coming into my unit
before I called 911."
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
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
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.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an 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. The BWC should only be activated for law enforcement
purposes.
304.3.2 WHEN DMAV USE IS REQUIRED
D
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.
900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION
Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and
to protect lives and property.
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
LUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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 an A classification.
UNDED
1839
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.