Formal complaint: When deparment issued BWC system use is required and other policy violations

OF
CHICK
AUTHOR
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1132
September 18, 2020
Complaint: Mr.
submitted a complaint by phone to the Office of
Police Oversight alleging that in an interaction with two officers outside of
one officer
,
swore at him, brandished his gun, was extremely intimidating, and was using excessive force.
The other officer also swore at him, and when
voiced his concern about his partner,
threw a paper and his driver's license at him. One officer did not identify himself and the
other wrote his info on the paper that he threw at him. Officer
said that
was lucky
that he wasn't arresting
for damaging the gallon of milk a store manager destroyed, and
that
was lucky that the manager didn't kick the shit out of him.
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):
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.
402.1.1 GENERAL GUIDELINES
Officers will not write an offense report when they are the victim of a crime. The victim officer
will write a supplement. The offense report will be written by an officer who is not a victim.
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.
900.3.4 PERSONAL CONDUCT
While on-duty or on the premises of City facilities, employees will not
ridicule, mock, taunt,
embarrass, humiliate, or shame any person, nor do anything that might incite that person to
violence.
900.1.1 RESPONSIBILITY TO KNOW AND COMPLY
The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements,
limitations, or prohibitions on employee conduct and activities; employees are required to know
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
and comply with all Department policies, procedures, and written directives.
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.
F
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.