Formal complaint: Insubordination and other policy violations

OF
LOSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0454
June 4, 2021
Complaint: The complainant alleges an officer followed her for several miles and could have
stopped her without flattening her tires. The complainant alleges she followed all traffic laws and
she had to pay for the tire replacements with her own money. The complainant further alleges once
she was stopped, she was embarrassed and scared because she was held at gunpoint and handcuffed
even though she wasn't a threat and she followed officers' orders. The complainant additionally
alleges she did not know why she was pulled over for a long time and she was not able to afford a
tow. The complainant alleges she felt the interaction and its outcome was not necessary.
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):
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they should
continue to gather additional relevant information and facts. These assessments, along with
reasonable inferences help to develop an understanding of the totality of the circumstances of the
incident.
202.1.4 DISPLAY OF FIREARMS
Firearms may be readied for use in situations where it is anticipated they may be required. Firearms
shall not be displayed or pointed in a threatening or intimidating fashion unless it is objectively
reasonable to believe there is a substantial risk that the situation may escalate to the point where
deadly force would be permitted. Firearms shall be secured or re-holstered as soon as reasonably
practicable when it is determined that deadly force is no longer necessary
214.6.2 TIRE DEFLATION DEVICE (TDD)
The use of a Tire Deflation Device (TDD) should be approved in advance by the control supervisor
and deployed only when it is reasonably apparent that only the pursued vehicle will be affected by
their use. Officers should carefully consider the limitations of such devices as well as the potential
risks to officers, the public and occupants of the pursued vehicle. If the pursued vehicle is
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
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
transporting hazardous materials, or a school bus transporting children, officers and supervisors
should weigh the potential consequences against the need to immediately stop the vehicle.
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.
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.