Formal complaint: Smoking/Tobacco use

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
May 28, 2019
ICMS: 2019-0272
Date of Complaint: March 22, 2019
Complaint:
[Redacted], complainant, contacted the Office of Police Oversight alleging he observed an Austin Police
Department officers specifically, a white male officer, in the [Redacted], chewing tobacco and spitting
while arresting someone "leaving a bunch of puddles around the victim."
Additional information:
F
Request for formal complaint recorded and You Tube video submitted by complainant, [Redacted],
submitted as part of the formal complaint.
Administrative Policies to Review:
946 Smoking/Tobacco Use
946.2 POLICY
(a) Employees shall not use tobacco products (e.g., cigarettes, chewing tobacco, electronic cigarettes)
while engaged in official police business with the public or in any City building or City vehicle.
1.
This provision does not apply when conducting a custodial interrogation in an interview
room, which is designated as a smoking area in accordance with the City ordinance and when the
person being interrogated is also a user of tobacco.
(b) Employees who smoke or use electronic cigarettes on-duty while working at a
Department facility must do SO during authorized breaks and in designated smoking areas.
(c)Employees shall not use tobacco products in the sally port and shall not carry tobacco products into the
booking area of any jail facility.
General Conduct and Responsibilities
NDED
900.1 PURPOSE AND SCOPE
It is the policy of the Austin Police Department that employees conduct themselves at all times in a
manner that reflects the ethical standards consistent with APD written directives. This order shall apply
to all sworn and civilian members, including volunteer, part-time, auxiliary, and nonpaid civilians
affiliated with the Department through a Department-sponsored program while under the direction of a
Department employee.
This order is intended to guide employees in conducting themselves and their affairs, both on-duty and
off-duty, in a manner that reflects the professionalism required of Department personnel.
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
CHICK
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
Furthermore, this order is intended for internal use only and shall not be construed to increase or establish
an employee's civil or criminal liability, nor shall it be construed to create or establish a higher standard
of safety or care.
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.
(a) Employees will maintain a working knowledge and comply with the
laws, ordinances, statutes, regulations, and APD written directives which pertain to their
assigned duties.
A
(b) Employees who do not understand their assigned duties or responsibilities will read the
relevant directives and guidelines, and will consult their immediate supervisor
for clarification and explanation.
(c) A lack of knowledge of an APD written directive is not a defense to disciplinary action.
900.2 REQUIRED REPORTING OF VIOLATIONS
Employees have an obligation and responsibility to report all facts or credible information they know
regarding any criminal activity by other employees or any breach of APD written directives.
(b) Suspected General Order Violations
1. Employees will report any employee known or believed to be guilty of any violation of
a rule, regulation, or order issued by the Department to their immediate
supervisor.
2. Supervisors will immediately take action as outlined in General Order 902
(Administrative Investigations) when a violation of a directive comes
to their attention, regardless of the supervisor's or violator's assignment or rank
within the Department.
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.
Reasonable modifications and equal access to communications will be provided upon request.