Formal complaint: Purpose and scope—responsibility to the community and other policy violations

DEAT OF CUSTOM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0497
May 17, 2021
Complaint: Complainant,
,
contacted the Office of Police Oversight alleging the
following:
"Hi, I was about to move and tried to look up the address of the
I
looked online the SOR to see where he was located, as I am moving and do not want to be
in the same vicinity, only to discover APD has not verified his address since
The
detective agreed he is out of compliance but has still not issued a warrant or attempted to
locate him. I do not remember the detectives name. This would have never been caught by
APD had I not looked to see if he registered. Please help me feel safe again in my own city.
I am being punished for being the victim by the action of the police not caring to protect
my safety or keep up with his probation. He is in violation of his probation and again, I am
being punished for actually reporting the sexual assault by the lack of effort that is being
put into locating him. I have attached images below if that helps at all to figure this out."
"I had contacted the SOR in regard to
My lease is about to expire and
I wanted to make sure I did not move to close to his vicinity. I looked and he has not
registered since
nor has his address been verified since
The SOR reached out
.
to APD. Detective
is in charge of this matter as
is out of
compliance. Detective
has not taken any initiative to issue a warrant nor try and
find him. I should not have had to find out he has not registered as the victim. Detective
has not done anything to help me. I am being penalized by the department for
speaking out about being attacked and it is clear that detective
does not care about
my safety or the safety of Austin."
"Detective
finally called me back but has still not even looked into issuing an
arrest for
, who is out of compliance. He did not register as a sex
offender and has not done SO since
.
I explained to Detective
that I needed
to know where he resides because my lease is coming to an end and I don;t want to live to
close to where
resides. Detective
told me "he knew
wasn't at the last address he reported and that he didn't have the manpower or time to do
anything about it". He then told me he believes he is residing at a house and asked me "why
it mattered if I was looking at apartments". He proceeded to tell me "he doesn't have the
man power and he doesn't know what to tell me" multiple times. He stated "he would try
and get around to issuing an arrest warrant sometime next week but the reality is that he
wouldn't stay in jail long anyways and that APD is doing funky things and he didn't know
what to tell me". His lack of effort into doing anything at all about this is absurd and his
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
NOTICE OF FORMAL COMPLAINT
lack of compassion is disgusting. He is literally doing absolutely nothing in regard to this
matter. It is truly disheartening that I put through myself through pressing the charges and
living through it all over again to just be treated like trash. He treated me like no more than
just a case number and I am more than just another case number in your files. I spoke to
my DA in
and was told that he is breaking his probation by not complying. I
would greatly appreciate it if somebody else would call me back. I deserve to feel safe in
my own city. This call occurred at
on
."
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.
900.4.3 NEGLECT OF DUTY
Employees will satisfactorily perform their duties.
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
LUSTIA
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.