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

CITY OF TELEPHONE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0125
March 7, 2020
Complaint: Ms.
complainant, alleges that Austin Police Department (APD)
officers may have violated APD policy during an interaction they had with her 20 year-old son
and his friend. She states that the encounter was "racially motivated," that officers refused to
give a reason for the stop, refused to give their names and badge numbers, and that no report was
created.
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):
301.1 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.
(a) Employees will not express or otherwise manifest any prejudice concerning race,
religion, national origin, age, political affiliation, sex, or other personal characteristics in
the performance of their duties.
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.
318.2 GENERAL POLICY
(b) Officers will explain the reason for the contact and the purpose of anticipated police action,
when practicable.
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
JUSTICE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
318.4 CONSENSUAL ENCOUNTERS
Officers are encouraged to initiate interviews with people of the community in order to gain a
thorough knowledge and become an integral part of the community.
(b) An interview should be conversational and not confrontational.
328.3 MEMBER RESPONSIBILITIES
Every member of this Department shall perform his/her duties in a fair and objective manner and
is responsible for promptly reporting any known instances of racial or bias-based profiling to a
supervisor.
328.3.1 REASON FOR DETENTION
Officers detaining a person shall be prepared to articulate sufficient reason for a lawful detention,
independent of the individual's membership in a protected class. To the extent that written
documentation would otherwise be completed (e.g., arrest report, field observation (FO) card),
the involved officer should include those facts giving rise to the authority for the detention, as
applicable. Nothing in this order shall require any officer to document a contact that would not
otherwise require reporting.
328.3.2 REQUIRED DOCUMENTATION
Every member of the Department is required to document and report to the Department any
detention, frisk, search, nonconsensual stop and/or arrest of a person.
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.
900.4.4 DUTY TO IDENTIFY
(a) Unless doing SO would jeopardize an undercover officer or a covert operation, employees will
furnish the name and identification number of any employee, including themselves, to any
person requesting such information regarding matters in which the employee was acting in an
official capacity. Names of employees will be given in sufficient form to fully identify the
employee.
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.
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.