Formal Complaint: Obedience to orders, insubordination and other policy violations

OF
STATE
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0686
July 31, 2020
Complaint: The Office of Police Oversight received a phone complaint from Ms.
alleging that Austin Police, SWAT, and a helicopter came to her house looking for someone who
had robbed something with a gun, but who doesn't even live there and who had run down the
hallway. She states that a police officer called her and told her, her daughter, her grandchild, and
her daughter's boyfriend to all come out one at a time. She states that it was embarrassing for
them to be standing outside when they didn't even know what was going on. She states that she
is 60 years old and bad arthritis in her back, and that she told police that she couldn't really come
outside, but that the officer told her it was non-negotiable. Ms.
states that police didn't have
a search warrant but that instead of telling them to go get one, she gave them permission to go in
because she is too old to be standing outside waiting SO long and she has a bad back. She states
that police searched the apartment and didn't find anything, and when they were done they told
her "sorry for the inconvenience." Ms.
states that the police ought to feel really bad for
what they did, and that they made her SO upset that she started shaking when she got back in the
house, adding that she couldn't eat anything.
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):
110.4.3 OBEDIENCE TO ORDERS
The Department is an organization with a clearly defined hierarchy of authority. This is
necessary because obedience of a superior's lawful command is essential for the safe and prompt
performance of law enforcement operations. This section also applies to orders received by an
employee in the field training program from a Field Training Officer (FTO).
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.
301.1 PURPOSE AND SCOPE
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.
CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
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.
401.4 CRIME SCENE MANAGEMENT
(a) Officers arriving at a crime scene are often faced with the immediate need to search
for and render aid to victims as well as determine if suspects are present and continue to
pose a threat.
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 employe duct and activities; employees are required to know
and comply with all Department policies, procedures, and written directives.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in any
communications.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do anything that
might incite that person to violence.
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.
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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.