Formal complaint: Responsibility to the community—Purpose and scope and other policy violations

CITY OF KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0015
February 26, 2020
Complaint:
complainant, alleges that Austin Police Department (APD) officers
may have violated APD policy during a call, stating as follows:
"I was on 6th street at Thitsty's bar. My sister and mother purchased drinks at the bar.
The drinks were not what i requested as it was full of water. Upon kindly inquiring with
the waitress, i was told to "I
off and leave the bar" by her then the apparent manager.
2 police officers were then called when I refused due to the theft of my money.
refused to identify themselves even though i gave them all the
information they asked of me and manhandled me, pushing me, hitting me to throw me
out of the bar even though i was complying with all their request.
then accused
me of threatening his partner after I complained about their behavior because my rights
were being impeded and told them I will follow up in the court of law. They told me i
was just a "n
by myself" not realising that my sister and mother had briefly gone to
the bathroom. If it wasnt for the intervention of my sister and mother I would have been
seriously harmed and injured. It is not right that a tax paying citizen does not have the
opportunity to tell his/hers side of the story and is treated like acriminal and animal who
is guilty before proven innocent due to my ethnicity."
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 RESPONSIBILITY TO THE COMMUNITY-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.
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,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
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
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
401.2 INITIAL RESPONSE AND INVESTIGATION
(c) The primary officer shall make a preliminary determination if a crime has been
committed.
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.
FOUNDED
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.