Formal complaint: Responsibility to know and comply and other policy violations

OF
DEAT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0469
May 17, 2021
Complaint: The Office of Police Oversight received an anonymous online complaint alleging the
following:
"I am filing a complaint against an officer that got onto an illegal escort site called escort
alligator and contacted the escort to meet up
. They met up near his place
of work, which is
He paid for sexual favors. How can you allow your officers
do that? Please get this situation resolved. I will make sure that any officer that engages in
any kind of illegal activity are reported because they're supposed to be honest public
servants."
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):
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
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.
900.3.3 PROHIBITED ASSOCIATIONS
(b) Employees will not establish social and/or business dealings with persons they know, or
should know, are likely to adversely affect the employee's or Department's credibility.
Employees will not associate with convicted felons. Provisions of this section do not apply
to association based on kinship or the discharge of official duties.
(c) Employees will not knowingly loan money, accept as pawn any item, or enter into any type
of business arrangement with a suspect of a criminal violation, a person under arrest or
detention, a person known to have a criminal record or unsavory reputation, or a person
known to be engaged in, or planning to engage in, criminal activity.
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
ALUSTIA
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
900.3.4 PERSONAL CONDUCT
(a) Employees will not knowingly enter a location engaged in prostitution, illegal gambling,
or any establishment wherein laws are being violated.
(c) While on-duty or on the premises of City facilities, employees will not:
4. Engage in any sexual conduct including lewd acts or solicitation for sex.
(d) While on-duty or wearing any item which makes one identifiable to the public as an APD
employee, employees will not:
6. Take an authorized break in a sexually oriented business.
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.