Formal complaint: Impartial attitude and courtesy and other policy violations

OF
CITY
COMPANY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1068
November 29, 2021
Complaint: The complainant alleges:
"I, (
along with my friends
and
were on
our way back home when we saw two police cars stopped at the
There we saw our housemate
who was filming the officers in question who
had detained
with badge numbers
and
( police vehicles
and
respectively).
informed us that they had detained
unlawfully and without reason.
We asked the officers why
was being detained and they refused to give us an answer.
We also believe
himself did not even know why he was being detained. We are all
familiar with
as we have seen him around before, but we have never had any issues
with him. The store owner of
also know him and are on good terms with
as
well. The officers proceeded to ask questions like " do you work here(
,
"do you know the owners", etc. My friends and I were too far away to hear any of
responses. The officers threatened to arrest us if we got too close, SO we kept our
distance. As my friends and I were by-standing the situation,
(
came to assist us with by standing and filming. Later an older gentleman who
also lived in the neighborhood came to assist. He mentioned that he has also seen
around but he never bothers anyone. The officers then searched
and arrested him.
Before leaving they told us that the
next door had broken windows and they
saw as a suspect. The windows were broken, but they were already boarded up. But I
have to note that this incident with
occurred on
, where the
wasn't even open. Meaning that if the windows were broken and boarded up,
that would have to occur prior to
It was clear that the windows were not broken
that
and that the officers were looking for a reason to arrest
Namely because
he just happened to be in the area."
This notice of formal complaint is a request for Internal Affairs to initiate an investigation to
determine if the employee conduct is within compliance of APD policy, Civil Service Rules, and
Municipal Civil Service Rules.
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
QUARTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
Recommended Administrative Policies to Review (to include but not limited to):
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
302.2 INTERACTION WITH COMMUNITY
(c) As long as the photographing or recording takes place in a setting at which the individual has
a legal right to be present and does not interfere with an officer's safety or lawful duties, officer's
shall not inform or instruct people that photographing or recording of police officers, police
activity or individuals who are the subject of police action (such as a Terry stop or an arrest) is
not allowed; requires a permit; or requires the officer's consent. Additionally, officers shall not:
1. Order that person to cease such activity;
2. Demand that person's identification;
3. Demand that the person state a reason why they are taking photographs or recording;
4. Detain that person;
5. Intentionally block or obstruct cameras or recording devices; or
6. In any way threaten, intimidate or otherwise discourage an individual from recording
officer's enforcement activities.
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
CUSTOM
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
308.3 MISDEMEANOR CITATION USE
Officers shall issue misdemeanor citations as permitted by this order.
(a) On-duty officers who decide to take enforcement action on a subject who commits a
citation eligible misdemeanor offense shall, except as otherwise permitted by this Order,
issue a citation when all considerations outlined in this order have been met, and no
disqualifying circumstances exist.
(b) Officers shall select the least intrusive or severe method when considering issuing a
citation in lieu of arrest, which will:
1. Stop existing criminal conduct; a subject's criminal history should not be a
determining factor.
2. Remove the imminent threat of violence or criminal conduct.
3. Prevent persons from endangering themselves or others.
(c) Supervisor approval is required to make a custody arrest in lieu of a citation for
eligible offenses.
(d) If an arrest is made in lieu of a citation for an eligible offense, the following must be
documented in the offense report:
1. Approving supervisor's name and employee number.
2. Reason for the arrest in lieu of citation
Recommended Classification: The OPO is permitted to make a preliminary recommendation on
the classification of administrative cases.
The OPO recommends this complaint receive a B 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.