Formal complaint: Policy and general considerations

OF
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0822
August 13, 2021
Complaint: The complainant alleges:
"3 police officers showed up to my house. 2 of them did not identify themselves or allowed
me to take down their number. Officer
They showed up withy son who had
already previously called the police in me for "kidnapping" my grandkids. My grandkids
were brought to my house on
and they did not want to go back to their dads. CPS got
involved with the first call and
said that I would be their temporary
guardian since they did not want to leave. Case #
and new case
That in the event of the police being called, that i would just show them the
information given to me back
When officer
arrived at my house
demanding the kids to leave I told him what I was told. Showed him the case numbers and
the case workers card and he said that it was just a business card with nothing on it and that
the kids needed to leave and be with their dad. To which I said if the kids want to leave
they may. I called the kids to the door and they told the police that they didn't want to leave
that they felt safe at my house. They ran to lock themselves in their room. Officer
asked to enter and speak to them. I called to the kids again and then walked with the officer
to their room. He then told them that they had to leave and that their dad was outside. The
kids responded that they didn't want to leave because their dad drained too much and that
they had them babysit their younger siblings. Officer then exits my house, that they were
going to call CPS. I had my friend on speaker who was translating for me. They kept
repeating that the card was just a business card. And I kept telling my friend to tell them
that CPS came on
and that they spoke to me. At this point officer
turned
and yelled and said I know what you are talking about, officer
was the first one that
came out and sent CPS out. Another officer was called who spoke Spanish. I kept my
friend on speaker. I explained to him the situation and he went back to speak to the other
officers. Officer
went to speak to my son and he said he wants to take them and I
said if the kids want to leave. The 3 officers entered my house with my son. They went to
their room and officer
knocked on their door and told the kids that he wanted to talk
to them. The kids open the door and officer
said enters the room closes the door, NO
ADULT SUPERVISION and without my consent. He was in their about 10 minutes when
he walks back and my grandkids are crying. One of them was SO scared he urinated on
himself. I started recording at this point, my son starts making lies up. Officer
is
still in the room, I beg them to stop traumatizing the kids. They forced my grandkids out
of my house, they were crying badly. The Hispanic officer said that they were doing what
OF
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LUSTEM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
the law stated and that they couldn't do anything about it. When this happened, I told them
that if anything happened to my grandkids it was their responsibility. That CPS had told
me that the police couldn't force the kids to leave if they didn't want too. I am scared for
my grandkids, their step mother is violent and has a criminal record. My son is an alcoholic
who isn't being responsible and putting his children's well being before anything. My son
hasn't let my grandkids reach out to me, I'm worried for their safety. I am not happy with
how these officers handled this situation. They were rude, mean and very disrespectful
towards the situation especially since it involved kids. I felt discriminated by officer
because I did not speak English. The situation caused me to have a panic attack and I ended
up at the hospital."
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.
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
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FOUNDED
NOTICE OF FORMAL COMPLAINT
expression, ethnicity, or social or ethnic background. Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
404.2 POLICY
The Austin Police Department recognizes that a law enforcement presence at a civil dispute can
play an important role in the peace and safety of the community. Subject to available resources,
officers of this department will assist at the scene of civil disputes with the primary goal of
safeguarding persons and property, preventing criminal activity and maintaining the peace. When
handling civil disputes, officers will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
404.3 GENERAL CONSIDERATIONS
When appropriate, officers handling a civil dispute should encourage the involved parties to seek
the assistance of resolution services or take the matter to the civil courts. Officers must not become
personally involved in disputes and shall at all times remain impartial.
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.