Formal complaint: Insubordination and other policy violations

CITY OF AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2021-0314
March 29, 2021
Complaint: Complainant,
emailed the OPO alleging the following:
"There have been some incidents that may have occurred in retaliation from this
disciplinary action. I am being harassed online by the members of the private Facebook
group where
first posted his video and then later, informed the group that I had
filed a complaint against him with APD. The members of this private Facebook group are
parents in the school district where I work. They are threatening me online that they are
going to divulge personal information about me online - information that may have been
tipped off to them by
. His actions have caused members of his Facebook group
to spread falsehoods about me and even accuse me of something I'm not part of. They
have consistently brought up my name since
video and have now started a
narrative that I "hate cops" and that I'm "leftist". I'd like this investigation to be re-opened
in light of these new incidents."
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):
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
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.
900.2.2 RETALIATION PROHIBITED
Employees will not, in any way, cause or conspire to cause retaliatory action against any individual
who has been involved in any such investigation or subsequent proceeding as a defendant,
complainant, witness, victim, investigator, or any other capacity. While the Department wishes to
avoid reassigning an employee while a complaint or grievance is being investigated, this order
does not prohibit the Department from doing so, including the complainant/victim, while the
complaint or grievance is under investigation should an assistant chief determine that a
reassignment is in the best interest of the Department and/or the employee.
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.
CITY OF LUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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.
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.
F
A
FOUNDED 1839
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.