Formal Complaint: Impartial attitude and courtesy, General conduct, Acts bringing discredit upon the department

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1682
November 12, 2020
Complaint: The Office of Police Oversight received an online anonymous complaint alleging
the following:
"Officer
has openly posted racist remarks. In a recent Facebook post he
is shown doing the white supremacy hand gesture. This is 100% not okay for a police
officer to be a white supremacist/ racist. I'm sure he regularly profiles individuals."
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):
301.2 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.
900.3 GENERAL CONDUCT
This section contains the expectations and requirements of employee conduct, both on-duty and
off-duty, and causes for disciplinary action due to employee misconduct. This is not intended to
cover every possible type of misconduct and does not preclude the recommendation of
disciplinary action for specific action or inaction that is detrimental to efficient Department
service.
900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT
Since the conduct of personnel both on-duty or 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.
900.3.3 PROHIBITED ASSOCIATIONS
(e) Employees will not knowingly associate with any person or organization which
advocates hatred, prejudice, or oppression of any person or group or which disseminates
such material.
(f) Employees will not become a member of any organization, association, movement, or
group which advocates the commission of acts of force or violence to deny others their
rights under the Constitution of the United States or which seeks to alter the form of
government of the United States by unconstitutional means.
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
GINE
QUARTER
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
5. Post or display derogatory, offensive or lewd pictures which degrade or lower the
self-esteem of fellow employees and would undermine the goal of
professionalism within APD.
972.2 POLICY - EMPLOYEE SPEECH, EXPRESSION, AND SOCIAL NETWORKING
Public employees occupy a trusted position in the community, and thus, their statements have the
potential to contravene the orders and performance of this department. Due to the nature of the
work and influence associated with the law enforcement profession, it is necessary that
employees of this department be subject to certain reasonable limitations on their speech and
expression. To achieve its mission and efficiently provide service to the public, the Austin Police
Department will carefully balance the individual employee's rights against the Department's
needs and interests when exercising a reasonable degree of control over its employees' speech
and expression. This policy is not intended to restrict employee speech that is protected by the
First Amendment.
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.