Queja formal: OPO recomienda una investigación independiente

OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS: 2019-1190
Date of Complaint: 10/30/2019
Complaint:
Per an anonymous complaint received by the Office of Police Oversight (OPO) on October 30,
2019, Chief of Police Brian Manley was allegedly informed of racist language allegedly used by
Assistant Chief Newsom to describe African Americans. Chief Manley may have violated Austin
Police Department (APD) policy when, after being made aware of Assistant Chief Newsom's
actions, appeared to do nothing to address the issue.
The OPO recommends an independent investigation into the allegations listed in this Notice of
Formal Complaint against Chief Manley.
Additional Information: The anonymous complaint received by the OPO is quoted below:
"I have been advised allegedly that AC Newsom, on a continous [sic] basis for at least the
last decade, has used the word "nigger" to describe African Americans. I have been advised
that AC Newsom, went to Chief Manley explaining that someone may have possession of
text exchanges where he was using "nigger" in the conversation. Chief Manley asked if it
was possible that someone did in fact have screenshots of these conversations and AC
Newsome [sic] said yes. Allegedly everyone on the executive floor (to include officers,
Assistant Chiefs, Chief of Staff and administrative staff) knew about this conversation
between Chief Manley and AC Newsom. All Assistant Chiefs were made aware of AC
Newsom using the extremely derogatory term "nigger" and failed to report it for
investigation or review. Specifically while advising President Obama landed in Austin AC
Newsom stated "Negro one down". When describing Council woman Ora Houston AC
Newsom stated "She is a dumb nigger but a nice lady" When talking about Chief Dixon
AC Newsom stated "Frank is a nigger but he is our nigger" When on a Special Response
Team deployment AC Newsom called Officer LaMarcus Wells and Officer Kheston
Campbell "Stupid fucking niggers". This was in front of other SRT personnel and SRT
supervisors. It has also been alleged that AC Newsom was involved in a family violence
altercation with
,
a current city employee. On one occurance [sic] a Park
Ranger had to step in to deal with the altercation. I ask that all of these allegations be
investigated."
Administrative Policies to Review:
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.
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
(b) Employees will not express or otherwise manifest any prejudice concerning race, religion,
national origin, age, political affiliation, sex, or other personal characteristics in the
performance of their duties.
1. Employees will respect the rights of individuals and will not engage in
discrimination, oppression, or favoritism whether by language, act, or omission.
2.
The use of racial or ethnic 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.
328.2 Racial or Bias-Based Profiling Policy
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 services 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.
328.4 Supervisor Responsibilities
Supervisor's shall monitor those individuals under their command that may conflict with the
purpose of this order and shall handle any alleged or observed violation of this order in accordance
with the Administrative Investigations general order.
(a) Supervisors will discuss any issues with the involved officer and his/her supervisor in a
timely manner.
(c) Supervisors will initiate investigations of any actual or allege violations of this order.
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.
(a) Employees will not commit any act which tends to destroy public confidence in, and
respect for, the Department or which is prejudicial to the good order, efficiency, or
discipline of the Department.
(c) Employees will not engage in any activity in which there is a potential for conflict of
interest or the appearance of a conflict of interest with the lawful duties of the employee.
OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
1. "Conflict of interest" includes any activity which would tend to influence a
decision, create a bias or prejudice, or create a gain or loss for any person or agency
which would favor one side or the other in conflict with the employee's official
duties, or which conflicts with the accomplishment of the Department's goals."
900.4.3 Neglect of Duty
Employees will satisfactorily perform their duties. Examples of unsatisfactory performance
include, but are not limited to:
(a) Lack of knowledge of the application of laws required to be enforced.
(b) Unwillingness or inability to perform assigned tasks.
(c) Failure to take appropriate action on the occasion of a crime, disorder, investigation or
other condition deserving police attention.
(d) Failure to respond to any call or to perform any police duties assigned to them by
appropriate authorities.
(e) Absence without approved leave.
(f) Repeated poor evaluations.
(g) Written record of repeated infractions of rules, regulations, directives or orders of the
Department.
(h) Failure to follow department standardized training and tactics when it was objectively
reasonable to do SO.
(i) Employees are expected to be truthful at all times in the performance of their duties,
However, there may be instances where, initially, the employee has not been truthful; but,
before the investigation is complete, the employee provides an accurate and detailed
accounting of their true culpability in a situation, and accepts full responsibility for their
actions. In those cases, the Chief may consider each case on a fact-specific basis.
900.5.1 Supporting Fellow Employees
(a) Employees will not knowingly aid, abet, or assist another Department member in
violating any Department directive or order.
900.4.3 Neglect of Duty
Employees will satisfactorily perform their duties. Examples of unsatisfactory performance
include, but are not limited to:
(j) Lack of knowledge of the application of laws required to be enforced.
(k) Unwillingness or inability to perform assigned tasks.
(1) Failure to take appropriate action on the occasion of a crime, disorder, investigation or
other condition deserving police attention.
(m) Failure to respond to any call or to perform any police duties assigned to them by
appropriate authorities.
(n) Absence without approved leave.
(o) Repeated poor evaluations.
(p) Written record of repeated infractions of rules, regulations, directives or orders of the
Department.
OF
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
(q) Failure to follow department standardized training and tactics when it was objectively
reasonable to do SO.
(r) Employees are expected to be truthful at all times in the performance of their duties,
However, there may be instances where, initially, the employee has not been truthful; but,
before the investigation is complete, the employee provides an accurate and detailed
accounting of their true culpability in a situation, and accepts full responsibility for their
actions. In those cases, the Chief may consider each case on a fact-specific basis.
914.3.1 Discrimination
(a) Discrimination is any act or omission of an act which would create a hostile work
environment, or exclude any person from employment or promotional opportunities
because of creed, color, national origin, sex, gender identity or gender expression, age,
religion, veteran status, disability, or sexual orientation.
(c)
Discrimination includes, but is not limited to, derogatory comments, slurs or jokes,
pictures, cartoons or posters and actions that result in an employee being offended or
insulted.
914.4.1 Supervisor Responsibility
Each supervisor and manager shall:
(a) Ensure that the work environment is free from all types of unlawful discrimination,
including sexual harassment.
(b) Take prompt, appropriate action within the work units to avoid and minimize the
incidence of any form of discrimination.
(c) Ensure subordinates attend any required training on discrimination and harassment.
914.5 Investigation of Complaints
(a) The Chief has the authority to order Internal Affairs to conduct an investigation alleging
discrimination/harassment regardless of whether the conduct involves sworn/non-sworn
employees.
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.
(a) Employees will maintain a working knowledge and comply with the laws, ordinances,
statutes, regulations, and APD directives which pertain to their assigned duties.
(b) Employees who do not understand their assigned duties or responsibilities will read the
relevant directives and guidelines, and will consult their immediate supervisor for
clarification and explanation.
(c) A lack of knowledge of an APD written directive is not a defense to disciplinary action.
OF
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
FOUNDED 1339
COMPLAINT
Recommended Classification:
The OPO is not recommending a classification as it is not applicable to Austin Police
Department executive staff.