Formal complaint: Responsibility to the Community Purpose and Scope, Impartial Attitude and Courtesy and other policy violations

OF
DATE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS#: 2021-0190
March 15, 2021
Complaint: Complainant,
alleges: During the recent disastrous storm that
impacted Cedar Park and Austin on
I was in need of both heat and food. I left Cedar
Park and proceeded to the
I had been advised by others in the Cedar
Park area this was the only grocery store open. I had some food, but it was all frozen and therefore
I had to buy some items that did not need to be cooked. Due to lack of electricity I had to find gas
first, then food. Each stop to find gas required long waits. No hotels in the area had any power on,
as I continued checking on my drive in from Cedar Park. No convenience or any other type of
businesses were open. I was not able to obtain information about shelter was forthcoming on the
radio. I reached the
which was operating with limited hours and many people were in line
there. I bought what I could and left at
Storm conditions had worsened and SO I went to
the nearby
Hotel to seek shelter and see if I could check in, as I could see they had
generator electricity running. I went to the front desk to see if any rooms were available and was
told that their system was not online at that time, SO I went to the lobby to wait to see if the system
came back online, and to also call and see if other hotels had available rooms. I continued to check
in with the front desk but was told their system continued to remain offline. They lobby was very
cold, but much warmer than outside. Hours passed by. I attempted to buy dinner in the restaurant
but was told without a room number I couldn't purchase food. Many of the guests were in the lobby
until about midnight. At that point I must have dozed off. At about
I
was awakened by someone with a flashlight who did not identify himself. The lobby was nearly
pitch black had taken photos earlier). A man demanded to know if I was a guest of the hotel. I
replied I had been waiting to check into the hotel all evening and was continuing to wait. He then
asked me my name, which I told him. Inexplicably, he reached out and attempted to restrain me.
He had absolutely no provocation, verbal or otherwise. The lobby was nearly pitch black and I was
very frightened, escaped and ran to the front desk very alarmed I had been assaulted and seeking
help. I told the blond woman at the front desk that the man had just assaulted. She replied by saying
I was "trespassing". She was extremely hostile to me. She was a different manager than the one I
had been dealing with earlier in the evening. I don't remember whether she or requested the police
be called, I think it was me as I was terrified and confused about what was going on. The escalation
of the situation by these two people during an emergency had me off guard and I was hoping the
police would help straighten things out. I had all my ID, credit cards, and was well dressed and
obviously not a homeless or vagrant person. I was shocked that someone attacked me. I called my
friend and told her what had happened. She could not help me as they could not get out of their
driveway and then my phone finally went dead. I sat quietly in the lobby waiting for the police and
sometime later two officers arrived, Officer
and Officer
had a very immediate and hostile attitude towards me. They split up Officer
coming over to where I had been sitting and asking me what happened. I would like to state that
this officer was completely professional in his job performance at all times. I told Officer
why I was there, what happened and that I wanted to press assault charges against the man, who I
assumed was a security guard, and whose name I heard called
Then I was informed that
wanted to press assault charges against me. After interviewing both parties and conferring
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
DATE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
with each other I was told I had to leave the hotel. I was very worried that leaving the hotel at that
time into the storm was a life-threatening event and asked why I had to leave when I had done
nothing but sit quietly in the lobby waiting for a room all evening during a disastrous storm. I was
told it was the law SO I complied, and Officer
walked me to my vehicle, parked in a
nearby handicapped space I am disabled, and 64 years old). I asked him why the staff and
were SO hostile to me and he replied he thought they had a problem with homeless people.
I tried to start my vehicle and the battery was dead. I think it was at this point we walked back to
the squad car. Officer
was sitting in there writing up the report, acting very agitated and
talking to himself. I was told that they could not give me a jump start. I was very frightened by
this time as nothing, absolutely nothing anywhere was open and we were obviously in an
emergency life threatening situation. I went back to my SUV with no other choice. I spent the night
freezing in my vehicle, feet and hands going numb hoping I wouldn't die. I tried not to sleep. When
morning came I looked for vehicles moving around that might be able to give me a jump start.
None were around except a couple of trucks with the hotel, but no drivers were in the vehicles.
Therefore, I had no choice but to go back into the front desk and ask for the police to be called
again, as the same manager immediately accused me of trespassing again. By this time guests of
the hotel were up in the lobby, whereas the night before there had been no witnesses and SO I went
and sat nearby a group of them. I was extremely cold and shaking. The same two officers arrived
again. Immediately Officer
approached and was extremely hostile and threatening to me,
stating something to the effect "You again! If it was up to me I'd slap you in handcuffs right now
and take you down to jail?) but they have told us not to bring in any more people". He also made
a comment as to why I didn't have any friends who could help me out (the whole city had been
immobilized). I had been sitting there quietly while he berated me in front of the guests who were
watching, and by the looks on their faces, quite shocked. I told him at this point I felt he was
bullying me. One of the guests replied she felt sorry for me. Meanwhile, Officer
approached the manager, who obviously was beginning to realize that now. in front of witnesses,
she might not be looking SO good, and they had a discussion about whether one of the employees
could give me a jump start SO I could just leave. This was extremely helpful and the obvious
solution to the problem, not threatening to arrest me. He and I waited at the front. He also inquired
how I was feeling and suggested perhaps I should go to the hospital. I told him I would drive
myself there as I didn't want the
to create more issues by towing my vehicle. He
helped me with the jumper cables and gave me the incident information and
badge
number. I then left. I think this report speaks volumes about many issues and procedures which
need reform during a disaster. Officer
aggravated an already bad situation by treating me
at all times like a criminal and not a victim whose life was in danger during a storm. Officer
comprehended the situation, but his hands were tied by having no options to help me. I
have worked several disasters myself and have never seen an officer SO out of control as
was, and do not think this man is fit for his job. I am currently still recovering from effects of this
situation on my health and have been on antibiotics and unable to write this until now,
I hope to receive some sort of follow up to this incident as officer
said he was
sending me a warrant in the mail.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order 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 RESPONSIBILITY TO COMMUNITY - PURPOSE AND SCOPE
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.
301.3 CUSTOMER SERVICE AND COMMUNITY RELATIONS
APD constantly works to establish direct contacts with the community we serve. Without
grassroots community support, successful enforcement of many laws may be difficult, if not
impossible. Community involvement can be an effective means of eliciting public support, can
serve to identify problems in the making, and may foster cooperative efforts in resolving
community issues. Input from the community can also help ensure that agency general orders
accurately reflect the needs of the community
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation 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.