Queja formal: Insubordinación, obediencia a las órdenes y otras violaciones a políticas

OF
GIN
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0595
June 26, 2020
Complaint: The Office of Police Oversight received an online complaint from
stating as follows:
"My mother and a friend were in Austin visiting. Two minor children (one is my niece)
were with my mother and her friend at a hotel. I received a call from my niece's father that
there my mother and her friend had been in an altercation. He informed me that he was on
his way and asked if I could get up to the hotel. I happened to be with my brother just a
few miles away. We immediately went to the hotel to check on my the two minor children.
Approximately 3-5 minutes after arrival at the hotel, the police showed up on the scene.
From the outset, the police made the situation worse, created a hostile environment, and
ultimately ended up frightening the two minor children. My brother was attempting to
explain to the first officer what was going on. My brother became frustrated with the officer
and asked that he speak to me. For seemingly ason, the officer told my brother he was
not allowed to leave and placed him in handcuffs At that point in time, I contemplated
advising the officer that I was an attorney (did not ad identified any
reason to put my brother in handcuffs. However, the officer had created an unnecessarily
charged environment and I feared similar repercussions. For that reason, I complied with
the officer's demands, as I understood I was also not allowed to leave. Multiple other
officers arrived on the scene as I spoke with the first officer. My niece's father also arrived
and immediately explained who he was and why he was there. Once I was able to speak to
the first officer more, it seemed (but was unclear) that my brother may have matched the
description of a suspect. Having confirmed that he was not even on the property at the time
of the alleged assault, he was released from handcuffs. Had the officer simply explained
that he matched the suspect description (if this was true), then it would have drastically
reduced the tension created by the unnecessary handcuffing of my brother. But this is where
things really started to get bad. For a bit of background, I am attorney who routinely works
with police officers. I find most to be professional. However, a few bad apples ruin the
bunch, and on this night, there were a couple of extraordinarily unprofessional officers. It
is my understanding that the entire event was recorded. I believe that a review of those
recordings would likely reveal concerns with the behavior of multiple officers. That being
said, the behavior of one particular officer warrants a complaint. To be honest, if this officer
had not been on the scene that night, I would not have taken the time to make this
complaint, but Officer
conduct was beyond the pale. Officer
conducted himself in a manner that should appall other police. It shocks me that he acted
in the manner he did without any of the dozen or SO officers that showed up on scene saying
anything. He was harassing, belittling, and combative. I fear that if his behavior continues,
he is creating a risk of harm to citizens, himself, and other officers. His combative approach
led to a severe escalation at a time when the the situation seemed to be calming down.
Furthermore, two minor girls were terrified in a room while being questioned by the police.
They could hear officers (primarily if not exclusively
)
yelling at their uncles 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
STATE
SUBTOTAL
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
father, who they had called because they were scared. Officer
was aggressive with
both his words and his gestures. I was in legitimate fear the entire time I was "detained,"
and only felt comfortable once I was "allowed to leave." His behavior was completely
unacceptable. I am glad to provide more details and welcome an investigation. If nothing
else, I respectfully request that this complaint remain in Officer
file. Without better
training, I truly fear he will either create or unnecessarily escalate a situation to such a
degree that it poses a risk to himself and others. For example, when I attempted to calmly
offer an explanation to the officers regarding the arrival of my niece's father, I was met
with aggressive yelling and being told to shut my mouth and go down the hallway with my
brother, who was being threatened with being put back in handcuffs. The entire ordeal was
surreal. But more than that, it was completely unnecessary and preventable. A calm
approach would have yielded the same result, would have reduced the tension, would have
allowed for a quicker resolution, and would not have frightened two innocent minors. I
know APD is better than this. I hope they take this opportunity to improve. I also hope
APD spends some time working with Officer
on how to de-escalate a situation, rather
than needlessly escalating them. Thank you for your time and attention to this matter. I
look forward to hearing from you.
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):
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.
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is
necessary because obedience of a superior's lawful command is essential for the safe and prompt
performance of law enforcement operations. This section also applies to orders received by an
employee in the field training program from a Field Training Officer (FTO).
301.1 PURPOSE AND SCOPE
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
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS
AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
801.3 UNIFORM GUIDELINES
Sworn employees wear a uniform to be identified as the law enforcement authority in society.
The uniform also serves to identify the we
ergency, crisis
or other time of need. Some civilian employees also wear a uniform to be identified as part of a
specific assignment (e.g., crime scene, victim services).
(a) All sworn employees shall possess and maintain a serviceable uniform and the
necessary equipment to perform uniformed field duty at all times.
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.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term
in any communications.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
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.
Reasonable modifications and equal access to communications will be provided upon request.