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

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-0039
January 31, 2020
Complaint:
complainant, alleges that officers may have violated Austin Police
Department (APD) policy when they were called to her home and were "rude and difficult." She
states that she was "scared and hurt" and alleges that an officer on scene kept saying that her
story wasn't making sense, and allowed the male, whose behavior was the reason for the call, to
"sit
right outside my door where he could hear " and she was "scared to talk." She also alleges
that the officers allowed the male to collect his things and then leave the scene.
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 RESPONSIBILITY TO THE COMMUNITY 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.
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.
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.
401.2 INITIAL RESPONSE AND INVESTIGATION
(c) The primary officer shall make a preliminary determination if a crime has been
committed.
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
DAY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
401.5 SECURE AND IDENTIFY WITNESSES
Officers should attempt to locate any witnesses to an offense when warranted by the seriousness
of the case.
402.2 INCIDENT REPORTING
A well-written report can help make a case just as easily as a poorly written report can ruin a
case. Employees have the responsibility to write clear, factual, and complete reports.
402.2.2 REPORT WRITING
(a) All reports shall accurately reflect:
2. All pertinent information seen, heard, or assimilated by any other sense.
3. Any action(s) taken.
(b) Employees shall not suppress, conceal or distort the facts of any reported incident, nor
shall any employee make a false report orally or in writing.
418.2.1 ARREST REQUIREMENT FOR ASSAULTIVE OFFENSES
(a) Officers are required to make an arrest for incidents involving family violence when:
1. An assault has occurred that resulted in a minimum of bodily injury or
complaint of pain; or where an officer can articulate facts from which a
reasonable person could infer that the victim would have felt pain due to:
(a) The manner in which the suspect made contact with the victim, or
(b) the nature of observable physical marks on the suspect's body allegedly
caused by the suspect's contact with the victim, and
2. The suspect is still on-scene; and
3. The assault meets the definition of "family violence" or "dating violence."
(d) Officers shall arrest for assault by threat or assault by contact if no physical violence
has occurred that resulted in bodily injury, but circumstances reasonably show that
further violence is likely to happen. Supervisor approval is required when the arrest is
made from inside a residence.
418.2.3 FAMILY VIOLENCE INVOLVING MENTAL ILLNESS
If there is reason to believe a suspect that is still on-scene suffers from a mental illness, an on-
duty patrol officer that is a certified Crisis Intervention Team (CIT) officer shall be requested to
the scene.
418.2.5 FAMILY VIOLENCE INVOLVING STRANGULATION/SUFFOCATION
When the suspect impedes the normal breathing or circulation of the blood of the victim by
applying pressure to the victim's throat, neck or by blocking the victim's nose or mouth, the
assault shall be enhanced to a felony of the third degree (Tex. Penal Code § 2.01(b)(2)(B)).
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
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
418.2.8 INTERFERENCE WITH EMERGENCY TELEPHONE CALL
Interference with emergency telephone call has its own arrest authority (Tex. Code of Crim. Pro.
art. 14.03(a)(5)) that is separate from the arrest authority for family violence.
418.3 ADDITIONAL INVESTIGATIVE GUIDELINES
This section includes additional guidelines and required notifications when investigating any
incident that involves family violence or may have involved family violence.
418.4 EMERGENCY PROTECTIVE ORDERS
Officers shall offer all victims of family violence the opportunity to file an EPO.
420.2.1 INITIAL INTERVIEW WITH THE VICTIM
Officers shall adhere to the following guidelines when conducting an initial interview of a victim
involved in a sexual assault.
(c) Officers shall conduct the interview of the victim with dignity and respect, being
mindful that the victim has experienced a traumatic event.
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.
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.
ED
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.