Formal complaint: Impartial attitude, Discretion and Requirement to Take Action, Reason for Detention, and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1215
November 3, 2020
Complaint:
submitted a phone complaint to the Office of Police Oversight
alleging that she had damaged property (broken CDs and eyeglasses) and missing property
(money, cigarettes, and a food stamp card).
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):
301.2 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.
900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION
Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and
to protect lives and property. By itself, the mere fact a minor violation of the law has occurred
may not be sufficient reason to justify arrest. Laws generally serve as the tools officers use to
protect residents' rights and to maintain peace in the community.
328.3.1 REASON FOR DETENTION
Officers detaining a person shall be prepared to articulate sufficient reason for a lawful detention,
independent of the individual's membership in a protected class. To the extent that written
documentation would otherwise be completed (e.g., arrest report, field observation (FO card), the
involved officer should include those facts giving rise to the authority for the detention, as
applicable.
183
350.4 VEHICLE INVENTORY
In all incidents where a vehicle is impounded or moved, officers will make an inventory of the
vehicle for damage and any items of personal property. Such an inventory is a care taking
function intended to protect (1) the owner's property while it remains in police custody; (2) the
police against claims or disputes over lost or stolen property.
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.
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
FOUNDED
1839
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.
A
OUNDED
1839
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.