Queja formal: Actitud imparcial y cortesía y otras violaciones a políticas

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0998
November 5, 2021
Complaint: Complainant alleges he is a member of Austin American statesman and was taking
pictures of posters and officers threatened to arrest him. Complainant alleges officer
was
screaming at him for filming even though he had his credentials around his neck. Complainant
alleges officers were threatening to arrest him for holding a camera at him.
Complainant provided additional information about the incident: "Ok yes, they threatened and
tried to arrest me, but not other media present, twice. And I think the female officers' name that
was starting the incident, that was yelling at me and selectively enforcing laws was
But
ya'll have the records. I'll go with whatever spelling you come up with. This is an ongoing issue
that these officers have continually threatened and falsely arrested me multiple times for. Filming
is not a crime. Police interference, abuse, retaliation and harassment are crimes. Charge these
officers now. Also
and other abusive bad cops were involved. 6 of them.
"
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):
301.2 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 orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
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
QUARTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
(d) Employees shall ensure that their BWC equipment has adequate battery charge and
storage space to complete their regular tour of duty.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an incident due to conditions
or location of the camera, however the audio portion can be valuable evidence and is subject to
the same activation requirements. The BWC should only be activated for law enforcement
purposes.
(a) All units responding to a scene shall activate their department issued BWC equipment
when they:
(b) Examples of when the department issued BWC system must be activated include, but
are not limited to:
6. Any contact that becomes adversarial in an incident that would not otherwise
require recording.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
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.
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.