Recomendación: Las Órdenes Generales (General Orders) del Departamento de Policía de Austin, cortesía de actitud imparcial y conducta personal

OF
APD General
Orders
OFFICE OF
Recommendation
POLICE OVERSIGHT
September 15, 2020
Impartial Attitude and Courtesy Policy
Personal Conduct Policy
On September 15, 2020, The Office of Police Oversight (OPO) recommended an update to two policies
that impact Austin police officer conduct and accountability. These recommendations are based on a
comprehensive analysis of best practices to improve community members' experience when interacting
with the police.
The Austin Police Department's General Orders establishes the guidelines for the practices and conduct
of police officers. The Impartial Attitude and Courtesy policy and the Personal Conduct policy set
expectations for professionalism, courtesy, and equitable treatment when officers engage with
community members. One of the most common complaints the OPO receives from community members
alleges disrespectful or impolite behavior during interactions.
OPO conducted a review of police department policies across the country related to professionalism and
impartiality. The analysis revealed that APD's current Impartial Attitude and Courtesy and Personal
Conduct policies are not clearly written for real-world situations. OPO's recommendations are based on
best practices and will enable officers to uphold these fundamental policies in the community.
These recommendations include:
1. Adding six new sections to the Impartial Attitude and Courtesy policy.
2. Imposing firmer discipline for violations of the Impartial Attitude and Courtesy policy, especially
related to violations that come from treating people differently due to personal characteristics or
status.
3. Shifting the policies related to tact, vulgar language, and diplomacy from the Personal Conduct policy
to the Impartial Attitude and Courtesy policy, increasing accountability by aligning discipline with the
seriousness of the violation.
4. Broadening the Personal Conduct policy as it relates to employees displaying offensive content or
materials.
Read the complete recommendation language below.
1
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 beyond engagement in law enforcement activity. Employees
will perform all duties objectively and without regard to personal feelings, animosities,
friendships, financial status, occupation or employment status, sex, disability status, familial
status, housing status, mental health or ability, attire or physical appearance, citizenship,
language, national origin, creed, color, race, religion, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social background.
(a) Employees will not express or otherwise manifest any prejudice concerning any of the
above-listed categories or characteristics.
1. Employees will follow data-driven best practices, as agreed upon by the Chief or a
designee and entities such as the Office of Police Oversight, the Community Police
Review Commission, and the Equity Office, in executing their duties in an
equitable and impartial manner.
2. Employees will endeavor to understand and respect cultural, national, racial,
religious, physical, mental, and other differences.
3. Employees will respect the rights of individuals and will not engage in
discrimination, oppression, or favoritism whether by language, act, or omission.
4. The use of remarks, slurs, epithets, words or gestures, which are derogatory or
inflammatory in nature, to or about any person or group of persons is strictly
prohibited.
(b) Employees will be tactful in the performance of their duties, control their tempers,
exercise patience and discretion, and shall not engage in argumentative discussions
even in the face of extreme provocation.
(c) Employees will treat all persons with dignity and will make every effort to be
courteous, kind, patient, and respectful toward all persons, showing consideration for
the welfare of all persons with whom they interact.
(d) Employees will not ridicule, mock, taunt, embarrass, humiliate, belittle, or shame any
person, nor do anything that might incite that person to violence.
(e) Employees will not use indecent, profane, or harsh language or gestures while
interacting with, or in the vicinity of, members of the community or other City
employees.
(f) Employees will not use indecent, profane, or harsh language or gestures when
communicating with their chain of command or fellow officers.
2
(g) Officers shall not encourage, condone, or ignore any of the behaviors described in
subsections (a)-(f).
(h) Employees shall report any potential violations of this order in writing to a supervisor
in the employee's chain of command up to and including the Chief of Police.
Employees shall make such reports by the end of the shift in which the potential
violation occurred. Supervisors will initiate investigations of any reported violations of
this order within 3 days of being notified.
Current APD Discipline Matrix
Courtesy (rudeness
301- Responsibility
Oral Reprimand to
Increased one level
Increased one level
complaints)
to Community
1-3 Days
301.2
Impartial attitude
301- - Responsibility
Fact Specific
to Community
301.2
Recommended Changes to APD Discipline Matrix
Impartial
301 -
Temporary
Indefinite
Attitude and
Responsibility to
suspension and
Suspension
Courtesy
the Community
training relevant
301.2(a)
to the violation
(training will be
agreed upon by
the Chief or a
designee and
entities such as
the Office of
Police Oversight,
the Community
Police Review
Commission, and
the Equity
Office)
Impartial
301 -
Written
Increased one
Increased one
Attitude and
Responsibility to
reprimand to 1-3
level
level
Courtesy
the Community
days
301.2(b)-(e), (h)
Impartial
301 -
SR Minor Policy
Increased one
Increased one
Attitude and
Responsibility to
Violation
level
level
Courtesy
3
the Community
301.2( (f)
Impartial
301 -
Temporary
Indefinite
Attitude and
Responsibility to
suspension and
suspension
Courtesy
the Community
training relevant
301.2(g) [related
to the violation
to violations of
(training will be
subsection (a)]
agreed upon by
the Chief or a
designee and
entities such as
the Office of
Police Oversight,
the Community
Police Review
Commission, and
the Equity
Office)
Impartial
301 -
Written
Increased one
Increased one
Attitude and
Responsibility to
reprimand to 1-3
level
level
Courtesy
the Community
days
301.2(g) [related
to violations of
subsections (b)-
(e), (h)]
Impartial
301 -
SR Minor Policy
Increased one
Increased one
Attitude and
Responsibility to
Violation
level
level
Courtesy
the Community
301.2(g) [related
to violations of
subsection (f)
4
900.3.4 PERSONAL CONDUCT
(a) Employees will not knowingly enter a location engaged in prostitution, illegal
gambling, or any establishment wherein laws are being violated.
(b) Supervisors will not place themselves under financial obligation to a subordinate.
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, or harsh, derogatory language, or use belittling
term in any communications language
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
1. Indulge in "horseplay."
2. Produce or display graffiti of any nature.
3. Post or display derogatory, offensive or lewd content and materials which could
degrade or lower the self-esteem of fellow-employees and would undermine the
goal of professionalism within APD.
4. Engage in any sexual conduct including lewd acts or solicitation for sex.
Current APD Discipline Matrix
900.3.4 Personal Conduct is not specified in the current APD Discipline Matrix
Recommended Changes to APD Discipline Matrix
Personal
900 - General Conduct
Fact specific
Conduct
and Responsibilities
900.3.4
i
Underlined wording represents recommended changes.
5