Formal complaint: Impartial attitude and courtesy and other policy violations

OF
CITY
QUALITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1009
October 27, 2021
Complaint: The complainant alleges: I was delivering medication for my child at the (proven
and provided) request of my ex husband. He immediately came to the door, shaking and yelling
at me. He grabbed my hand, , before taking the medication in anger. My son s(standing at the
door) said he was scared, and before he could slam the door, I placed my foot at the corner to
ensure my son was safe. He not only slammed the door on my foot, but then called police to
claim "trespassing." This aggression response is frequent and he has a history of family violence.
The police came, and not only did that not listen to my story, or review the evidence of the
request, they failed to check on the welfare of my child (also confirmed by said child, ) even
though officer said he did check on him and he was "fine. He also mentioned "it"s good for little
boys to be scared of their dads." THIS WAS SO alarming, and further evidenced the confirmed
aggression we all witnessed. I was then given a criminal trespassing notice, with zero regard to
the safety of my child, or my obvious injury. I will add that one officer,
was
amazing and communicative and I think she wanted to help me but her two neglectful officer
partners wouldn"t let her.
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
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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
CITY
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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.
401.2 INITIAL RESPONSE AND INVESTIGATION
(a) Officers responding to an incident shall ensure that all persons are safe and anyone in
need of medical attention receives assistance.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim. An
incident number will be assigned and all required fields completed during documentation
anytime an employee observes or receives any information concerning the following, but not
limited to:
If in doubt as to whether an incident should be documented, employees shall confer with a
supervisor. For the purpose of this order, Corporals may function as the designated supervisor.
402.2.4 REPORT WRITING
(a) All reports shall accurately reflect:
(b) Employees shall not suppress, conceal or distort the facts of any reported incident, nor
shall any employee make a false report orally or in writing.
(c) Generally, the reporting employee's opinions should not be included in reports unless
specifically identified as such.
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
CITY
AUGUST
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
900.3.1 HONESTY
Honesty is of the utmost importance in the police profession. Employees are expected to be
truthful at all times in the performance of their duties.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties. Examples of unsatisfactory performance
include, but are not limited to:
(c) Failure to take appropriate action on the occasion of a crime, disorder, investigation or
other condition deserving police attention.
900.5 RESPONSIBILITY TO COWORKERS
Cooperation among employees of the Department is essential to effective law enforcement.
(a) Employees are expected to treat each other with respect.
900.5.1 SUPPORTING FELLOW EMPLOYEES
(c) Employees will not publicly criticize the work or the manner of performance of duty
of any other employee.
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.