Queja formal: Propósito y alcance, labor policial en la comunidad y otras violaciones a políticas

OF
GIVE
AUTHOR
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1194
August 9, 2020
Complaint: Complainant alleges: This is the version of events as related to me by my son. I was
not present at the event. My son,
, was participating in a peaceful protest in
front of
when police mounted officers began riding their horses in a
line across the sidewalk. My son dropped a scooter on the sidewalk and was walking away when
he was attacked by a bicycle officer who lunged at him without any warning. My son attempted
to back away while carrying his skateboard and pulling it away as the officer was lunging at him
and a second officer ran into him while mounted on his bicycle. My son became afraid and tried
to get out of the way when he was tackled on the pavement and four officers held him forcibly
face-down on the pavement while one of the officers struck him repeatedly. My son was yelling
in pain and said it was very frightening and difficult to breathe because of the weight of the
officers holding him against the pavement. My 23 year old son is not physically threatening in
size, being tall and thin (6 "3" tall, 142 lbs). I do not feel that it should require four officers to
detain him and to strike him repeatedly seems completely brutal and unnecessary. When this
episode began the officer who lunged at him did not say that he was being arrested or give him
any warning or explanation. My son sustained serious abrasions with breaks in his skin to his
right elbow, right shoulder, front of right hip, right knee and bruises and scrapes on his back. The
right elbow wound became infected requiring a visit to the doctor and 10 days of antibiotics.
This incident, in which I feel the police used excessive force and little to no communication or
de-escalation techniques when initially interacting with my son, who was peacefully protesting
and unarmed, has resulted in unnecessary pain, suffering and legal problems for my son. I have
also lost respect for the Austin Police Department's tactics and feel that the use of force in this
situation was excessive and unnecessary as related to the initial event of dropping a scooter on
the sidewalk. I have seen APD"s twitter response to the videos on line and feel that the
explanation they stated is not completely factual in that they stated that my son threw a scooter at
the horses and struck an officer with his skateboard. I feel that this is unfair to my son, factually
inaccurate and damaging to his reputation. I would like them to retract this statement publicly.
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):
105 PURPOSE AND SCOPE - COMMUNITY POLICING
The purpose of this general order is to identify the tenets of Community Policing, which serves
as the basis for this Department's mission and guiding principles. Community Policing is beyond
a philosophy, it is a practice. The Austin Police Department is committed to Community Policing
which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and
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
procedurally just behavior with the community that we serve. The Department's goal is to have
an understanding of the traditions, culture, and history of the neighborhoods in which they serve
in order to develop proactive solutions to problems and increase overall trust in policing.
Likewise, the Department is required to provide information and training to the community SO
community members gain an understanding of police practices and procedures, as well as an
understanding of the traditions and culture of law enforcement.
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific
officer training that addresses de-escalation.
200.2.1 ASSESSENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the
circumstances to successfully accomplish the legitimate law enforcement purpose in accordance
with this order.
200.3.1 DETERMINING THE OBJECTIVE REASONABLENESS OF FORCE
Any interpretation of objective reasonableness about the amount of force that reasonably appears
to be necessary in a particular situation must allow for the fact that police officers are often
forced to make split-second decisions in circumstances that are tense, uncertain and rapidly
evolving, and the amount of time available to evaluate and respond to changing circumstances
may influence their decisions. The question is whether the officer's actions are "objectively
reasonable" in light of the facts and circumstances confronting him.
206.4 CHEMICAL AGENT GUIDELINES
Chemical agents are devices used to minimize the potential for injury to employees, offenders,
or other subjects. They should be used only in situations where such force reasonably appears
necessary.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
206.4.3 TREATMENT FOR CHEMICAL AGENT EXPOSURE
Subjects who have been affected by the use of chemical agents should be afforded means of
cleansing the affected areas as soon as practicable. Those subjects who complain of further
severe effects shall be afforded a medical examination by competent medical personnel.
206.4.1 PROHIBITED USES
The following are prohibited uses of chemical agents:
(d) When a subject exhibits only verbal and/or passive resistance to arrest or authority.
206.5.5 SHOT PLACEMENT AND DEPLOYMENT DISTANCES
Officers should generally follow their training instructions regarding minimum deployment
distances and target areas. The need to immediately incapacitate the subject must be weighed
against the risk of causing serious injury or death.
The head and neck should not be intentionally targeted, however any target area or distance may
be considered when it reasonably appears necessary to accomplish immediate incapacitation in
order to prevent serious injury or death to officers or others.
300.3 CROWDS, EVENTS AND GATHERINGS
Officers may encounter gatherings of people, including but not limited to, civil demonstrations,
civic, social and business events, public displays, parades and sporting events. Officers should
monitor such events as time permits in an effort to keep the peace and protect the safety and
rights of those present. A patrol supervisor should be notified when it becomes reasonably
foreseeable that such an event may require increased monitoring, contact or intervention.
Officers responding to an event or gathering that warrants law enforcement involvement should
carefully balance the speech and association rights of those present with applicable public safety
concerns before taking enforcement action. Officers are encouraged to contact organizers or
responsible persons to seek voluntary compliance that may address relevant public safety/order
concerns.
Officers should consider enforcement of applicable state and local laws, such as Tex. Penal Code
§ 42.03 (Obstructing Highway or Other Passageway), when the activity blocks the entrance or
egress of a facility or location and when voluntary compliance with the law is not achieved.
301.1 PURPOSE AND SCOPE - RESPONSIBILITY TO THE COMMUNITY
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.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
301.2 IMPARTIAL ATTITUDE AND COURTESY
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.
301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS
APD constantly works to establish direct contacts with the community we serve. Without
grassroots community support, successful enforcement of many laws may be difficult, if not
impossible. Community involvement can be an effective means of eliciting public support, can
serve to identify problems in the making, and may foster cooperative efforts in resolving
community issues. Input from the community can also help ensure that agency general orders
accurately reflect the needs of the community.
302.1 PURPOSE AND SCOPE - PUBLIC RECORDING OF OFFICIAL ACTS
The Austin Police Department recognizes that members of the general public have a First
Amendment right to video record. photograph, and/or audio record APD officers while they are
conducting official business or while acting in an official capacity in any public space, unless
such recordings interfere with police activity.
319.3 WARRANTLESS ARREST GUIDELINES
These guidelines are based upon the idea that the use of an arrest, followed by prosecution, is
not the primary or exclusive method available to officers and the Department.
(a) Minor infractions of the law may not be sufficient to justify an arrest. Officer should be
concerned with what the law says and what the law was designed to accomplish. Laws
generally serve as the tools officers use to protect residents' rights and to maintain peace
in the community. If enforcement of the law does not serve these purposes, arrests can
rarely be justified.
319.4.3 ANIMALS IN CUSTODY OF ARRESTED PERSONS
When prisoners have an animal with them at the time of their arrest and no responsible person is
available to take custody of the animal, it shall be taken to the City Animal Shelter for
safekeeping until the prisoner's release. Officers shall note in the incident report who took
custody of the animal.
326.1 PURPOSE AND SCOPE - NEWS AND MEDIA RELATIONS
The purpose of this order is to seek a balance between permitting the free flow of information to
the public and the media while protecting both the prosecution's case and the rights of the
accused from possible prejudicial publicity. Public information and positive media relations are
an integral part of the operation of any public service agency and APD is no exception. Most
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
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
citizens have little contact with law enforcement and their opinions of the police are often
formed by our Department's portrayal in the media. The release of public information and
maintenance of good media relations is a crucial element of APD's mission. Employees must
maintain a good rapport with the public and the media and deal with them in a courteous manner.
The media has a legitimate function in our society and the public trust of the police can be
enhanced through media relations.
APD is committed to informing the community and members of the news media of events that
are handled by, or involve, the Department. Employees will cooperate fully in meeting the
relevant information needs of the public and the news media. Every reasonable effort should be
made to obtain requested information, SO long as the release of that information conforms to
federal and state laws, and follows established Department guidelines.
328.1 PURPOSE AND SCOPE - RACIAL OR BIAS-BASED PROFILING
This order provides guidance to department members and establishes appropriate controls to
ensure that members of the Austin Police Department do not engage in racial or bias-based
profiling or violate any related laws while serving the community.
328.2 POLICY - RACIAL OR BIAS-BASED PROFILING
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description
is limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation
of an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due
to offenses committed because of bias or prejudice.
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.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
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
CURRENT
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
Since the conduct of personnel both on-duty or off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
900.4.4 DUTY TO IDENTIFY
(a) Unless doing SO would jeopardize an undercover officer or a covert operation,
employees will furnish the name and identification number of any employee,
including themselves, to any person requesting such information regarding
matters in which the employee was acting in an official capacity. Names of
employees will be given in sufficient form to fully identify the employee.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.
The City of Austin is committed to compliance with the American Disabilities Act.