Queja formal: Insubordinación, Actitud imparcial y cortesía, Responsabilidad de saber y cumplir

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-1161
September 17, 2020
Complaint: Mr.
emailed the Office of Police Oversight stating the following:
"To the appropriate authorities, supervisors, elected officials, and whom it may concern:
Subject Officers:
Officer
, badge number
Officer on APD motorcycle number
(license plate number ending in
with
registration expiration 09/20) on
Sent to:
Sergeant
, APD - officer
direct supervisor
Austin Chief of Police, Brian Manley
Office of Police Oversight, City of Austin
US Representative Lloyd Doggett
State Representative, Donna Howard, District 48
categories of complaint:
Serious Misconduct: Law violation(s), aka lack of conformance with the law).
Conduct unbecoming of a law enforcement officer
Lack of courtesy
Lack of professionalism
Neglect of duty
Complaint:
On
at
, in two separate instances, in the
parking lot, in
downtown Austin, at
. officer
(badge number
)
&
the older white male officer on APD BMW motorcycle
(license plate ending in
) each separately committed "Serious Misconduct," by violating policy, rules,
regulations and law in that he refused to wear a mask or face covering during a routine
traffic stop in which he was in close proximity of a civilian (within 6 feet) repeatedly, and
for several minutes ,- including, but not limited to leaning into the window at very close
range (a high-resolution video of 8 minutes and 5 seconds of the violations exist and can
be made available via email upon request). Once made aware of his violation and non-
compliance with the law, no further effort was made to comply, and he drove away
assumedly to another traffic stop.
Mr.
& the older white male officer's on motorcyle
actions and
violations have an adverse impact on the operation or integrity of the agency, and should
result in formal disciplinary action.
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.
CITY OF STUDENT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Here is the link to Governor Abbott's executive order, for reference, dated June 26, 2020,
requiring all citizens, residents, visitors, and state employees to wear a face mask while in
public and not social distancing (as defined by proximity within 6 feet).
https://gov.texas.gov/uploads/files/press/EO-GA-
28 targeted response to reopening COVID-
19.pdf?fbclid=IwAR31krSpFcBEKUpQFNyOnPFMTFY2LxQY2dGp
w3FaBDpVhY7oPzy136arnI
For the reason's outlined below, this is a classified as a "Serious Misconduct" because his
actions were/are in violation of state law, department policy, and local regulations. As
proof, i am citing The Austin Police Policy Manual, issued by Chief of Police, Brian
Manley, is
https://www.austintexas.gov/sites/default/files/files/Current APD Policy Manual 2017-
1.5 issued 7-20-2017.pdf
From the "Law Enforcement Code of Ethics," which all officers swear to uphold, on
page 2:
"Law Enforcement Code of Ethics
As a law enforcement officer, my fundamental duty is to serve the community ; to
safeguard lives and property...
"I... will behave in a manner that does not bring discredit to me or to my agency"
"i will be constantly mindful of the welfare of others."
"I will b
mpl
beying the law and the regulations
artment."
"I recognize the bad
symbol o
and I accept it as a public
trust to be held SO long as I am true to the ethics of police
e."
From Article 7: Conduct Toward the Public
"The law enforcement officer, mindful of his responsibility to the whole community, shall
deal with individuals of the community in a manner calculated to instill respect for its laws
and its police service."
FromPHILOSOPHY, VALUES, VISION AND MISSION Philosophy of the Austin
Police Department:
"The protection of life is the primary core value and guiding principle of the Austin Police
Department."
From Department Values: I. C.A.R.E.
Integrity - the cornerstone of Police work; without it, public trust is lost.
Courage - to make the right professional decision.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Accountable - to the community, the Department, and coworkers.
Respect - of the community, the Department, and most importantly, self.
Ethical - professional actions and decision making.
And in violation of the official APD mission statement: "To keep you, your family, and
our community safe."
i hereby request (under 912.3, Evaluation Frequency) that officer Soto-Salvidar's
upcoming performance reviews (both annual, and monthly), address this violation of the
law, and hold him accountable.
Reference:
912.3 EVALUATION FREQUENCY
(a) Written performance evaluations will be conducted with the following frequencies:
1. Sworn I
(a) Officers will be evaluated annually with monthly performance counseling sessions
being conducted by the supervisor unless they are enrolled in the Field Training Program
(FTP).
***
Being a Texan myself, i understand that masks in July are hot and can be uncomfortable,
however, personal comfort during a global pandemic - for which there is no cure or
remedy, and which has already tragically claimed the lives of 2,735 fellow Texans,
infecting 210,000 Texans and counting, and taken the lives of more than 133,000
Americans - simply is not an acceptable priority. And more gravely it's dangerous, life-
threatening, and clearly a gross misconduct. And unfortunately, when each officer was
respectfully confronted (both on video), they responded with rudeness, impatience, and
failure to
y.
would like to point out the policy
idelines provided
above, and again reite
health pa
e to practice safe contact
can be deadly. As has been the unfortunate and tragic tru
more than 2,735 fellow
Texans, and more than 133,000 Americans.
As mentioned, I have a detailed video that is 8 minutes and 5 secondswhich shows his
non-compliance, and his refusal to wear the mask once confronted. I will gladly upload the
video file when/if it is requested for examination.
Due to the serious violations of departmental policy and the law, and for the safety of
the community at large, complainant herebyrequests a formal investigationbe
undertaken immediately. Complainant also hereby requests the corresponding
reference numbers and/or investigation numbers of this casefor future reference."
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
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):
200.2.1 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
301.2 IMPARTIA
AND COURTES
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.
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 recommenas that tnis allegation receive consistication.
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.