Formal complaint: Purpose and scope, Racial or bias-based profiling - policy, and Reporting the active targeting of a firearm at a person

OF
CHAN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0931
September 21, 2021
Complaint: Complainant alleges: he dropped his mother at the
, and he was standing
outside talking to a female security about an incident when the police pulled up. Complainant
alleges officer
pointed a service pistol at him telling him to come here, SO he walked
toward the officer and the officer told him to put his hands up. Complainant alleges another officer
(officer ) went around to the trunk of the police car and got a shot gun, pumped it, and pointed
it at him. Complainant alleges Officer
could have killed him and the female that was standing
there. Complainant alleges the officer said that they had a description of a black male in a white
wife beater and khaki pants, and he had on khaki shorts. Complainant alleges with training they
should be given a physical description and not just what the person has on. Complainant alleges
he felt his life was in danger because when the officer pumped the shotgun, he was ready to kill.
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.
328.2 RACIAL OR BIAS-BASED PROFILING - POLICY
The Department strives to provide law enforcement services to our diverse community while
respecting the racial, cultural, or other differences of those we serve. It is the policy and practice
of the Department to provide law enforcement services and to enforce the law equally, fairly, and
without discrimination toward any individual or group.
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
LOSSING
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
Race, ethnicity or nationality, religion, sex, sexual orientation, economic status, age, cultural
group, disability, or affiliation with any other similar identifiable group shall not be used as the
basis for providing differing levels of law enforcement service or the enforcement of the law.
While the practice of racial or bias-based profiling is strictly prohibited, it is recognized that race
or cultural differences may be legitimately considered by an officer in combination with other
legitimate factors; to establish reasonable suspicion or probable cause (e.g., subject description is
limited to a specific race or group), to establish relevant elements of a crime (e.g. exploitation of
an elderly or disabled individual), or to gather evidence relevant to enhanced punishment due to
offenses committed because of bias or prejudice.
402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON
By the nature of their duties, officers may be required by general orders and training to point their
firearm, including impact munitions, and actively target at a person. This section does not create
an additional requirement for officers to initiate an incident report; however, officers that actively
target their firearm at a person shall properly document the incident as outlined below.
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.