Formal complaint: Purpose and scope—Responsibility to the community and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0172
March 7, 2020
Complaint: Ms.
, complainant, alleges that Austin Police Department
(APD) Officer
may have violated APD policy during a contact that he had with her. She
states, "Officer
walked up on me and grabbed my arm, pushed me up against the car and
started touching me on my breast and vagina. He didn't ask for my name or for any ID. He had
no reason to frisk me, I offered him my info, he never asked for anything. Officer
did not
touch me."
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.
F
A
Recommended Administrative Policies to Review (to include but not limited to):
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.
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.
304.3.2 WHEN DMAV USE IS REQUIRED
83,
This order is not intended to describe every possible situation where the system may be used.
In some circumstances it is not possible to capture images of the 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.
306.9 FRISK (PAT-DOWN) FOR WEAPONS
A frisk is a mere pat-down of the outer clothing, area, vehicle or container to which a detained
person may have immediate access. The purpose of a limited weapons frisk after an investigatory
stop is not to discover crime, but to allow the officer to pursue the investigation without fear of
violence. An officer does not need to be absolutely certain that an individual is armed; the issue
is whether a reasonably prudent person would justifiably believe that he or others were in danger.
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
402.2.2 REPORT WRITING
(a) All reports shall accurately reflect:
1. The identity of the persons involved.
2. All pertinent information seen, heard, or assimilated by any other sense.
3. Any action(s) taken.
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.
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.