Formal complaint: General operation of department vehicles and other policy violations

OF
CITY
LOSTED
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1275
January 7, 2022
Complaint: The complainant alleges: That on
the complainant was in their car with
their family when they had an interaction with an APD officer. The complainant was on
and was taking a left onto
. After making the turn, the complainant alleges that a police
vehicle was pulling out of a store and onto the service road. The complainant says that the traffic
was slow at the time, but it seemed that the police officer assumed that traffic and the complainant
would wait for the officer to complete their turn. After the officer completed their turn, the
complainant alleges that the officer pulled beside the complainant's vehicle and began cussing the
complainant out. The officer allegedly said "Fuck you" among other profanities. Later, the officer
was behind the complainant's vehicle and the complainant assumes the officer was running their
license plate. The complainant also alleges that at some point after the initial interaction with the
officer, described above, the officer cussed the complainant out again farther down the road. The
complaint also took a picture of the police vehicle. The complainant alleges that vehicle number
was involved in the incident and the officer was in uniform. Finally, the complainant
mentioned that the officer was completely out of line, and this alleged incident does not represent
APD well.
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):
804.2 GENERAL OPERATION OF DEPARTMENT VEHICLES
(a) Employees will operate Department vehicles in a careful and prudent manner within the
guidelines of the law and Department General Orders. Unsafe or negligent driving is prohibited.
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,
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
CHILL
TURNER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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 to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
(a)
Employees will not express or otherwise manifest any prejudice concerning any of the
categories or characteristics listed 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 respect the rights of individuals and will not engage in discrimination,
oppression, or favoritism whether by language, act, or omission.
2. 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, will be courteous 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 or profane language or gestures while interacting with,
or in the vicinity of, members of the community.
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.
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
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
GEORGIA
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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
mission or goals.
972.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
To meet the Department's safety, performance, and public-trust needs, the following is
prohibited:
(a) Speech or expression made pursuant to an official duty that tends to compromise or
damage the mission, function, reputation or professionalism of the Austin Police
Department or its employees.
(b)
Speech or expression that, while not made pursuant to an official duty, is significantly
linked to, or related to, the Austin Police Department and tends to compromise or damage
the mission, function, reputation or professionalism of the Austin Police Department or
its employees.
(e)
Speech or expression that is contrary to the canons of the Law Enforcement Code of
Ethics as adopted by the Austin Police Department.
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.