Formal complaint: Impartial attitude and courtesy and other potential policy violations

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2019-1273
December 30, 2019
Complaint: Austin Police Department (APD) officers may have violated APD policy during a
call that occurred on
involving two men,
.
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):
301.2 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.
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
303.4.2 DOCUMENTING BWC SYSTEM USE
Any incident recorded with a BWC system shall be documented in the employee's report. If a
citation was issued, a notation of "BWC" shall be placed in the notes section of the citation.
318.5.1 MIRANDA WARNING
(a) Officers will administer the Miranda Warning to a subject during a custodial
interview/ interrogation when questioning begins to focus on the person stopped,
becoming accusatory regarding a specific offense.
402.5 REPORTING THE ACTIVE TARGETING OF A FIREARM AT A PERSON
By the nature of their duties, officers may be required by general orders and training to point
their firearm, including impact munitions, and actively target at a person. This section does not
create an additional requirement for officers to initiate an incident report; however, officers that
actively target their firearm at a person shall properly document the incident as outlined below.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty and off-duty may reflect directly upon the
Department, employees must conduct themselves at all times in a manner which does not bring
reproach, discredit, or embarrassment to the Department or to the City.
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
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.
900.3.4 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 an A classification.
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