Formal Complaint: Impartial Attitude and Courtesy, Purpose and Scope, Personal conduct, and other policy violations

OF
CITY
KUMA
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0097
February 12, 2021
Complaint: The Office of Police Oversight received an online anonymous complaint alleging
the following:
"Officer
) used indecent, harsh, and belittling language towards me
from the second he arrived on the scene of a crash I was involved in. After looking further
into this, I discovered this is in direct violation of APD Personal Conduct General Order
900.3.4. I do not do drugs, yet officer
continuously tried to tell me that I was on
drugs at the time, and said that my responses are what "someone on drugs would say". I do
not remember the name of the other officer who appeared on scene later, but he was very
professional and very helpful at the time. Officer
also used behavior to
intentionally intimidate me as well as the other officer, who seemed newer. When asked
why I was shaking, I told officer
that I suffer from anxiety attacks, which he
laughed about, and ask why I have anxiety. I also now have to pay for a ticket for "improper
right turn approach" and it seems that officer
was set on finding any reason to give
me a citation."
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.
(b) Employees will be tactful in the performance of their duties, control their tempers, exercise
patience and discretion, and shall not engage in argumentative discussions even in the face of
extreme provocation.
(c) Employees will make every effort to be courteous and respectful toward all persons.
900.3.4 PERSONAL CONDUCT
N
(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.
350.4 VEHICLE INVENTORY
(a) In all incidents where a vehicle is impounded or moved, officers will make an inventory of the
vehicle for damage and any items of personal property. Such an inventory is a care taking function
intended to protect:
1. The owner's property while it remains in police custody.
2. The police against claims or disputes over lost or stolen property.
(b) The scope of the inventory will include:
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
1639
1. The exterior for body damage.
2. Those places in a vehicle where a person ordinarily would store or leave items of personal
property. Those areas can be but are not limited to:
(a) Passenger compartment.
(b) Trunk, console, glove box, and attached locked containers (e.g., toolbox) if the key is
readily available.
(c) Open and closed containers.
3. The inventory will include contents of locked containers (e.g., briefcase, footlockers) if the
key or combination is readily available. If the key is unavailable, containers/compartments
may be opened with supervisor's approval.
(c) All vehicle damage and personal property located during an inventory of a vehicle will be listed
on the APD Wrecker/Impound Report, including its description and location.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.