Formal complaint: Purpose and scope and other policy violations

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1493
November 3, 2020
Complaint: Complainant,
filed an online complaint with the Office of Police
Oversight stating the following:
"There was a post on
by
that
threatened retaliation against all residents, business, and tourist for the Council's decision
to defund the police. I believe this must be thoroughly investigated and this officer needs
to be fired, along with anyone else who feels this way. The public should not be threatened
with a retaliatory withdrawal if police protection. We need to hire better, train better,
supervise better, and fire better. We need people with a sense of duty and decency. People
who serve and protect without being such a retaliatory bully. We should not have to deal
with a trumper when we are in an emergency situation. His post stirred up more hate against
Democrats and BLM. We are already being attacked for wearing mask. Minorities are
being attacked by trumpers and now trumper cops are adding to the abuse."
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):
105.1 PURPOSE AND SCOPE COMMUNITY POLICING
The purpose of this general order is to identify the tenets of Community Policing, which serves as
the basis for this Department's mission and guiding principles. Community Policing is beyond a
philosophy, it is a practice. The Austin Police Department is committed to Community Policing
which strives to build mutual respect, collaborative partnerships, fair and impartial policing, and
procedurally just behavior with the community that we serve. The Department's goal is to have
an understanding of the traditions, culture, and history of the neighborhoods in which they serve
in order to develop proactive solutions to problems and increase overall trust in policing. Likewise,
the Department is required to provide information and training to the community SO community
members gain an understanding of police practices and procedures, as well as an understanding of
the traditions and culture of law enforcement.
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.
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
STURTH
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
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.
900.3.2 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.
972.2 POLICY - EMPLOYEE SPEECH, EXPRESSION, AND SOCIAL NETWORKING
Public employees occupy a trusted position in the community, and thus, their statements have the
potential to contravene the orders and performance of this department. Due to the nature of the
work and influence associated with the law enforcement profession, it is necessary that employees
of this department be subject to certain reasonable limitations on their speech and expression. To
achieve its mission and efficiently provide service to the public, the Austin Police Department will
carefully balance the individual employee's rights against the Department's needs and interests
when exercising a reasonable degree of control over its employees' speech and expression. This
policy is not intended to restrict employee speech that is protected by the First Amendment.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A classification.
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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.