Formal complaint: Impartial attitude and courtesy, When department issued BWC system deactivation is authorized, Incident reporting, and Reporting the active targeting of a firearm at a person

OF
CITY
RUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0963
October 4, 2021
Complaint: Complainant alleges Sgt
ask her to leave the premises and she left and went
to a friend's house. Complaint alleges Officers picked her up from her friend's and brought her
back to the scene of the incident to just stand and watch her fiancé being arrested. Complainant
alleges her fiancé was calling her name and she tried to run after him, and an officer restrained
her. Complainant alleges she has injuries on her body from the officer restraining her.
Complainant alleges she does not agree with SWAT being called because her finance was not
doing anything. Complainant alleges her fiancé was told to come out and he did. Complainant
alleges she was told it was a standoff and she thinks it is because they own two guns and it not
illegal to own guns that are registered, and her fiancé was not pointing them or using them or
threatening anyone. Complainant alleges her fiancé is incarcerated and he is not getting the
meds he needs.
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.
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.
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
AUSTRA
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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.
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.
402.5 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.
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.