Formal complaint: Responsibility to coworkers and other policy violations

OF
CITY
QUESTION
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0513
May 24, 2021
Complaint: The Office of Police Oversight received an anonymous online complaint alleging the
following:
"Lieutenant
is a racist and creates an offensive working environment. He
continuously bad-mouths the 5th Floor and said they're all idiots and he could do a better
job when they have to promote him due to his skin color. Co-workers have received racist
and derogatory text messages from
but have not reported them because they are
afraid of being snitches.
has asked a caucasian female officer on a date and says
black women are ugly and disgusting like
."
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
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.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
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
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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.
900.5 RESPONSIBILITY TO COWORKERS
Cooperation among employees of the Department is essential to effective law enforcement.
914.3.2 HARASSMENT
(a) Harassment is unwelcome verbal or physical conduct toward an individual or a group
because of a protected class. Harassment can create a hostile work environment
when such conduct has the purpose or effect of unreasonably interfering with
an individual's work performance or otherwise adversely affects an individual's
employment opportunities. Examples of prohibited conduct that constitute harassment
include, but are not limited to:
1. Use of epithets, innuendos, names, comments, foul language or slurs because
of an individual's protected class;
2. Jokes, pranks or other banter, including stereotyping based on a protected class;
or,
3. Distribution, display, viewing, downloading or discussion of any written or
graphic material, including online content, voicemail, e-mail, text-messages,
calendars, posters and cartoons, that are sexually suggestive or show hostility
toward an individual or group based on a protected class.
(b) Employees shall not engage in conduct which could reasonably create a hostile work
environment at any time while on duty or on City premises, or even if not on duty, but
participating in any work-related setting outside the workplace, such as traveling on
City business or attending professional conferences.
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive an A 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.