Queja formal: Insubordinación y otras violaciones a políticas

OF
LOUR
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0419
June 1, 2021
Complaint: The Office of Police Oversight received an online complaint alleging the following:
"6-8 APD officers arrived at my house at
this morning. I'm not sure whether they had
the wrong person, house, or there was a misunderstanding. They banged on my door and
windows with guns drawn. My understanding is that someone had filed a report claiming
they heard gunshots and understandably they were at full alert. Because of the early hour I
was neither fully awake or dressed. When I asked through the door if they would allow me
to get dressed, one of the officers banged on my window with SO much force that he and
I
are lucky it did not break. After I dressed, I went outside and answered one of the officers
questions. I believe his ID badge said
I informed him that I had no idea what event
he was referring to, explained where each member of my household was, and attempted to
alleviate their concerns. I do not feel I was listened to & they tried to justify their lack of
recognition of my answers with the "we are the good guys" mantra & we are here to help
you. After I asked them not to enter my home, they did SO with out any explanation. I asked
if only one or two officers entered instead of everyone - every officer entered my home. At
one point, one of the officers asked attempted to instigate, bate, and/or gaslight by
observing as if interrogating "you look scared." As if APD officers arriving at my home
with guns drawn wouldn't be alarming. Lastly, during our 5-10 minute interaction, there
was a period where 5-6 officers were in my home without wearing a mask. They did have
masks and were wearing them when they arrived but at some point decided that they
weren't necessary and could be removed. 2-3 of the officers were wearing neck gators
which have been proven to be less effective or not effective at all against the spread of
COVID-19. I acknowledge they have a job to do & protocols to follow but when I told
them that this felt like a swatting event, they acted like they did not know what I was
referring to. Swatting is a false report to police - my understanding is that they typically
report active shooters and/or firearm discharge. I am more than happy to provide my
address when someone contacts me SO this incident can be reviewed. To review, the lack
of adaptive policing when these officers were given information on scene, the violent
nature of their actions when I was being responsive to their requests when they arrived on
scene, the arrogant attitude/culture which was displayed by attempting to justify their
actions by claiming and/or inferring they were heroes or the good guys or just trying to
help, and the attempt to provoke a negative response (as an aside, that's self-validating - if
police view the public as against them and then attempt to instigate a conflict then of course
I and others in my shoes are going to feel like the interaction was
inegative/fearful/scary/intimidating). On top of all that, we are still in a pandemic and it is
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
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
my opinion that these officers, at some point, decided they could endanger my life by
removing their masks while in my home, needlessly. Please contact me within the next 24
hours."
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):
110.4.4 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
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.
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.
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.