Formal Complaint: Impartial Attitude and Courtesy, Acts bringing discredit upon the department, and Prohibited speech, expression and conduct

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0973
October 4, 2021
Complaint: The complainant alleges:
"A member of your department made a disparaging remark referencing the mentally
challenged in a Facebook thread. This is wholly unprofessional and insensitive to
mentally challenged individuals."
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):
301.2 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.
(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.
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
LUBERY
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.
972.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
To meet the Department's safety, performance, and public-trust needs, the following is
prohibited:
(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.
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.