Formal complaint: Impartial attitude and courtesy

OF
DATE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0724
July 14, 2021
Complaint: Complainant alleges he was making a right on
and before
there was
an APD officer in a squad car that came to a complete stop in front of him, SO he had to swerve to
the left to keep from hitting him, the office sped up to his left, rolled his window down and asked,
"what the fuck are you looking at". Complainant alleges, as a black male he felt provoked and
taunted and was in fear. Complaint alleges he made a right on
and the officer turned on
his flashing lights and ran the light. Complainant alleges he called 911 to alert them of the incident
and that he was in fear and 911 gave him OPO's number. Complainant alleges he did not get the
full license plate but the beginning of the license plate number for the APD car was
and he
wants to know what happens to this officer.
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 - RESPONSIBILITY TO THE COMMUNITY
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
expression, ethnicity, or social or ethnic background Employees will endeavor to understand and
respect cultural, national, racial, religious, physical, mental, and other differences.
804.2 GENERAL OPERATION OF DEPARTMENT VEHICLES
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
LUBER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
(a) Employees will operate Department vehicles in a careful and prudent manner within the
guidelines of the law and Department General Orders. Unsafe or negligent driving is
prohibited.
1.
Vehicles will be operated in such a manner and at a rate of speed that the driver,
by use of ordinary care, can avoid colliding with another vehicle, object, or person.
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.