Formal complaint: Purpose and scope, Impartial Attitude and Courtesy, Secure and identify witnesses, and other policy violations

OF
GIVE
DEPART
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0744
August 3, 2021
Complaint: The complainant alleges his mentally unstable friend, who lives in Austin in a
,
was bullied by a black male. Complainant alleges his friend was arrested for
burglary of the place where he lives and was black and blue with bruises when he went to see him
and he wants to know if the officers who arrested him did it. Complainant alleges his friend has
prior convictions and APD is using that against him. Complainant alleges his problem with the
police is that they make up charges in case one does not stick. Complainant alleges APD knows
they are lying about the charges against his friend for burglary and aggravated assault with a deadly
weapon.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner. In an effort to create an organizational culture that is inclusive and
nondiscriminatory, employees shall act professionally, treat all persons fairly and equally, and
strive to interact with the community in a positive manner. Employees will perform all duties
objectively and without regard to personal feelings, animosities, friendships, financial status,
occupation or employment status, sex, disability status, housing status, mental health or ability,
citizenship, language, national origin, creed, color, race, religion, age, political beliefs, sexual
OF
CITY
COSTAL
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
orientation, gender identity, gender expression, ethnicity, or social or ethnic background.
Employees will endeavor to understand and respect cultural, national, racial, religious, physical,
mental, and other differences.
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case. Since potential witnesses to an incident may be lost or the integrity of statements
compromised with the passage of time, officers should take reasonable steps to promptly
coordinate the following tasks with on-scene personnel.
402.2 INCIDENT REPORTING
A well-written report can help make a case just as easily as a poorly written report can ruin a
case. Employees have the responsibility to write clear, factual, and complete reports.
402.2.4 REPORT WRITING
All reports shall accurately reflect:
(1) the identity of the persons involved.
(2) All pertinent information seen, heard, or assimilated by any other sense.
(3) Any action(s) taken.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B classification.