Formal Complaint: Insubordination, De-Escalation of Potential Force Encounters, Impartial Attitude and Courtesy

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1491
November 20, 2020
Complaint:
complainant, filed a complaint with the Office of Police Oversight
stating the following:
"They showed up out no where accussing me threatning me blaiming me. They chased
somebody else to my location then started grabbing me trying to throw me to the ground
they tried to tase me three times. They were hitting me my foot got caught in the door. It
was SO bad that I had to go to the hospital they threw me in jail and aarrested (accosted)
me."
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):
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.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform
all duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3 DEPARTMENT ISSUED BODY WORN CAMERA
BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by
the Department and must be used unless otherwise authorized by a Commander or above.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an incident due to conditions
or location of the camera, however the audio portion can be valuable evidence and is subject to
the same activation requirements. The BWC should only be activated for law enforcement
purposes.
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used. In
some circumstances it is not possible to capture images of the incident due to conditions or location
of the camera however the audio portion can be valuable evidence and is subject to the same
activation requirements.
804.2 GENERAL OPERATION OF DEPARTMENT VEHICLES
(a) Employees will operate Department vehicles in a careful and prudent manner within the
guidelines of the law and Department General Orders. Unsafe or negligent driving is
prohibited.
Vehicles will be operated in such a manner and at a rate of speed that the driver, by
use of ordinary care, can avoid colliding with another vehicle, object, or person.
900.3.4 PERSONAL CONDUCT
(d) While on-duty or wearing any item which makes one identifiable to the public as an APD
employee, employees will not:
3. Play games, including cards, dominoes, billiards, video or computer games, watch
television or movies, or otherwise engage in entertainment, unless it is job related
and has been approved by their commander/manager.
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.