Formal Complaint: Acts Bringing Discredit Upon the Department and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1447
September 17, 2020
Complaint: The Office of Police Oversight received an anonymous complaint stating the
following:
"Police officer
"liked" a picture circulating on Facebook in support of Kenosha
murder suspect Kyle Rittenhouse and killing "only" felons. This is a disgusting mindset
and completely inappropriate for any police officer to have. This man should not be
representative of Austin or APD."
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.
900.3.2 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
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 interest
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.
972.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
(b) Speech or expression that, while not made pursuant to an official duty, is significantly
linked to, or related to, the Austin Police Department and tends to compromise or
damage the mission, function, reputation or professionalism of the Austin Police
Department or its employees.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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
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 an A classification.
F
A
UNDED
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.