Memorando: Cambios a las políticas de actitud imparcial y cortesía/conducta personal de APD

OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
November 6, 2020
Brian Manley, Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
RE: Changes to APD Impartial Attitude and Courtesy/Personal Conduct Policies
Dear Chief Manley:
The Office of Police Oversight (OPO) objects to Austin Police Department (APD) policy sections
301.2 Impartial Attitude and Courtesy and 900.3.4(c) Personal Conduct as revised by the
Department on October 22, 2020. Furthermore, OPO recommends that APD engage in meaningful
dialogue with OPO about more fully incorporating the recommended content and discipline
changes made by OPO on September 15, 2020.
Why Policy Sections 301.2 and 900.3.4 Matter
Some of the most common complaints against officers that OPO sees allege rudeness, lack of
professionalism, bias, and use of derogatory or profane language. As you know, these issues have
historically fallen under policy sections 301.2 Impartial Attitude and Courtesy and 900.3.4(c)
Personal Conduct. A look through the complaints and discipline documents on OPO's website
reveals that these are pervasive issues within all levels of APD, and that community members have
not been the only ones at the receiving end of this kind of misconduct.
OPO's Repeated Recommendations to Improve These Policies
OPO is charged with providing recommendations on APD policy in areas where there is room for
improvement. Due to the frequency with which these two policies come up and their relative
ineffectiveness in practice both as a deterrent and a remedy, it was incumbent upon OPO to offer
recommendations for improving these two policies.
As you know, over the past several months, OPO has sent APD a series of recommendations on
both phrasing and discipline to help make these two policies more effective. Regrettably, the drafts
that OPO has received back from APD have consistently watered down the language and
associated discipline to the point that both the meaning and intent are lost.
OPO's most recent attempt to encourage APD to change these two policies was on September 15,
2020. These recommendations were based upon our review of professionalism and impartiality
policies from police departments in peer cities in both Texas and across the country. As you may
recall, OPO not only sent recommendations, but also 18 pages of policy from the police
departments referenced. As you may also recall, OPO's analysis revealed that APD's policies did
not align with best practices and lacked the sort of detail and corresponding discipline that would
enable them to be more effective in real-world situations. Unfortunately and unsurprisingly, APD
responded with revisions that did little more than perpetuate the status quo. In terms of clarity
and
comprehensiveness, these two policies are still inconsistent with peer departments across the
country, even those in Texas.
1
OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CHICK
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
APD's Demonstrated Reluctance to Change
If APD had questions about any of OPO's recommendations, OPO would have been more than
willing to engage in a meaningful discussion. Instead, APD received OPO's recommendations and
a month later sent OPO the amended policy language on a form bearing your signature. APD's
determined refusal to align with best practices speaks to the superficial attitude with which the
Department approaches OPO recommendations, as well as its staunch resistance to change. APD's
intransigence is misguided, particularly as we stand on the precipice of the colossal transformation
that will inevitably come with Austin's Reimagining Public Safety (RPS) efforts. APD is a crucial
stakeholder in RPS, and it behooves the Department to be more proactive at this stage instead of
resisting any substantive change until the last possible moment.
Austin is demanding changes within APD, and that starts with ensuring that all officers
demonstrate professionalism and impartiality when dealing with the public and each other. This is
low-hanging fruit, and the Department's failure to appropriately respond to even this baseline issue
does not inspire confidence in the likelihood that the Department will make the more
comprehensive changes that are necessary and forthcoming.
Recommendations to 301.2 and 900.3.4 that APD Failed to Incorporate
APD's documented reason for the revisions to 301.2 and 900.3.4(c) was "to clarify officer's use
of profane language into one section of policy with input from OPO." The results of this revision
project demonstrate that the Department's goals for this revision really did start and stop with one
objective: consolidating the language policies that were already in existence.
Fundamentally, the changes made by APD merely pay lip service to the idea of professionalism
and courtesy by incorporating OPO's recommendations to explicitly reference more sectors of
Austin's population, but simultaneously failing to incorporate most of the recommendations that
would require an affirmative effort. APD also unilaterally added language that creates more
ambiguity, thereby impeding officers' ability to follow policy and the Department's ability to
enforce it.
All recommendations that OPO made were based on instances when OPO may have seen APD's
policies seemed to fail either as a deterrent or a remedy. Below are some of the recommendations
that APD failed to incorporate. Below the recommendations are only some of the examples of
similar policies adopted by other police departments.
Encouraging employees to engage with the community outside of enforcement activities;
Examples of Police Departments with Similar Policies
Seattle: "The Department expects all employees to treat all people with dignity;
remember that community care-taking is at times the focus, not always command
and control
"
Requiring employees to follow data-driven practices mutually agreed upon by the
Department, OPO, and the Equity Office;
Examples of Police Departments with Similar Policies
Portland: "Members shall adhere to established legal, ethical, and best practice
standards. The Bureau shall provide introductory and ongoing training to all sworn
members that emphasizes developing an understanding of racial, ethnic, national,
religious, cultural, and other differences The Bureau recognizes the reality of
2
OF
AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711
FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20P0
implicit bias, the scope of its potential influence on human behavior and, as it
pertains to policing, how it can affect interactions and relationships between the
Bureau and Portland's diverse communities. Therefore, the Bureau is committed
to offering resources and instruction that help members identify and acknowledge
their own subconscious perceptions or associated stereotypes about or attitudes
towards people about which they may not be aware."
Making every effort to be kind and patient;
Examples of Police Departments with Similar Policies
San Antonio: "Members shall at all times be courteous, kind, patient, and
respectful in dealing with the public, and shall strive to merit the esteem of all law
abiding citizens by an impartial discharge of their official duties." Policy goes on
to say, "officers must remain customer-oriented. " and lists the following six-
step process that officers should follow: "(1) extend a customary greeting to each
person they stop or detain; (2) identify themselves by name; (3) explain the reason
for the stop; (4) afford the person the opportunity to provide their explanation of
their behavior, (5) politely ask for the person's identification; (6) remain courteous
and project a professional demeanor during the interview or questioning."
Refraining from the use of indecent, profane, or harsh language or gestures around other
City employees;
Examples of Police Departments with Similar Policies
Dallas: "Employees will be courteous and civil when dealing with members of the
public or other City employees. Employees will not treat members of the public
or other employees in a discourteous, irresponsible, or indifferent manner."
Portland: "The use of profanity is generally prohibited, except when necessary to
quote another person in reports or in testimony. All other uses of profanity will be
judged on the totality of the circumstances in which it was used. Members shall
document uses of profanity in a police report."
Refraining from the use of indecent, profane, or harsh language or gestures when
communicating with the chain of command or fellow officers;
Examples of Police Departments with Similar Policies
Houston: "Employees shall be courteous, civil, and respectful to all department
employees and citizens, and shall not use threatening or insulting language."
Portland: "Members shall, on all occasions, when reasonable, in the performance
of their duties or after identifying themselves as a Bureau member, be courteous
and considerate toward all their supervisors, their subordinates, all other members,
and the public." Policy also states "the use of profanity is generally prohibited,
except when necessary to quote another person in reports or in testimony. All other
uses of profanity will be judged on the totality of the circumstances in which it
was used. Members shall document uses of profanity in a police report."
Requiring employees and supervisors to report potential violations of section 301.2 within a
certain amount of time;
Examples of Police Departments with Similar Policies
Seattle: Bias-Free Policing policy states, "Supervisors and commanders who fail
to respond to, document, and review allegations of bias-based policing will be
subject to discipline." Policy goes on to state that "Employees who have observed
or are aware of others who have engaged in bias-based policing shall specifically
report such incidents to a supervisor before the end of their shift." Policy also
states that responsibilities of employees concerning alleged violations include
3
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
referring policy violations that include "biased policing, including language that
is derogatory based on an individual's sex, race, ethnicity, religion, homes status,
or other protected class" to the Office of Police Accountability (the equivalent of
OPO).
Prohibiting employees from displaying not just derogatory, offensive or lewd pictures, but
instead any content or materials; and
Examples of Police Departments with Similar Policies
Dallas: "While on-duty or on City premises, employees' will neither display nor
wear items that they know another person could reasonably consider offensive."
Revising the discipline matrix to establish predictable disciplinary outcomes that reflect the
seriousness of the misconduct.
Below is a visual representation of the revisions made to 301.2 Impartial Attitude and Courtesy
and 900.3.4(c) and the corresponding discipline. All underlined text is wording that was
recommended by OPO, would be new to the policy, and did not already appear in other sections
of APD policy. All highlighted text is wording that APD failed to incorporate. All red text is
wording that APD added unilaterally.
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 or ethnic
background.
(a) Employees will not express or otherwise manifest any prejudice concerning any of the
above-listed categories or characteristics in this section in a context or manner that
would cause a reasonable person to question the employee's fairness or impartiality
related to the performance of their duties.
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.
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OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 | FAX: 512.974.6306
COMPLAINT HOTLINE: 512-972-20PO
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 be 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.
(g) Officers shall not encourage, condone, or ignore any of the behaviors described in
subsections (a). (f) (e).
(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.
Proposed Discipline Matrix for 301.2 Impartial Attitude and Courtesy
Impartial Attitude
301
Fact Specific
Indefinite
and Courtesy
Responsibility to
Temporary
Suspension
the Community
suspension and
301.2(a)
training relevant
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 Attitude
301 -
Written reprimand
Increased one
Increased one
and Courtesy
Responsibility to
to 1-3 days
level
level
5
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 TTY: 711 | FAX: 512.974.6306
OUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
the Community
301.2(b)-(e), (h)
Impartial Attitude
301 -
SR Minor Policy
Increased one
Increased one
and Courtesy
Responsibility to
Violation
level
level
the Community
301.2(f)
Impartial Attitude
301 -
Temporary
Indefinite
and Courtesy
Responsibility to
suspension and
suspension
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 Attitude
301 -
Written reprimand
Increased one
Increased one
and Courtesy
Responsibility to
to 1-3 days
level
level
the Community
301.2(g) [related
to violations of
subsections (b)-
(e), (h)
Impartial Attitude
301 -
SR Minor Policy
Increased one
Increased one
and Courtesy
Responsibility to
Violation
level
level
the Community
301.2(g) [related
to violations of
subsection (f)]
NDFD
6
OF
CITY
RUSTIN
OFFICE OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
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.
Proposed Discipline Matrix for 900.3.4(c)
Personal
900 - General Conduct
Fact specific
Conduct
and Responsibilities
900.3.4
The OPO recommends that APD more fully incorporate the content and discipline changes made
by our office on September 15, 2020. Doing SO would not only demonstrate to both officers and
the community that APD takes these types of allegations seriously, but it would also demonstrate
the Department's desire to reimagine its policies and align them with best practices.
Sincerely,
Farah C. Muscadin, JD
Director
1839
cc:
Spencer Cronk, City Manager
Nuria Rivera Vandermyde. Deputy City Manager
Rey Arellano, Assistant City Manager
Christopher Shorter, Assistant City Manager
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