Formal complaint: Purpose and scope and other policy violations

OF
CHAN
LUBER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1082
November 29, 2021
Complaint: The complainant alleges:
"The officer
EMP:
pulled me over for a speeding violation, which
he was completely right to do SO. I was violating the speed limit by over 15 mph. What
wasn't okay was how he was belittling me over the car's intercom as I was pulling into
the shoulder. The officer was attempting to instruct me to pull over to the shoulder, but as
he was doing SO he was yelling "That was AWFUL, are you serious??" over the intercom
for all the other patrons of the road to hear. When I turned my hazards on and parked my
vehicle, I could see him shaking his head and mumbling to himself. When he approached
my vehicle he continued to be completely unprofessional. At this point I was crying
because this was my first time receiving a ticket, and the man that was supposed to be a
symbol for safety pulling me over was aggressively yelling at me. I understand that what
I did was wrong, and I should be held accountable for it, but I do not understand why this
officer decided to take his bad day out on me. One thing he said to me that stuck was "If
you're going to cry and panic like this, you shouldn't be driving." The reason why I was
crying and shaking is because I was scared of the officer and his escalating attitude, not
because I can't drive. The reason I'm submitting this is because I feel as though the
situation was not handled in a professional way. I felt very afraid of that officer, and I
shouldn't have felt that way. I should feel protected by our local law enforcement, not
berated."
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):
301.1 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.
OF
CHILL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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 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
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
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.