Formal complaint: Insubordination, De-escalation of Potential Force Encounters and other policy violations
The complainant alleges that Austin police officers injured him during an arrest. The Office of Police Oversight recommends that this allegation receive a B classification.
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OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
ICMS #: 2020-0611
August 26, 2020
Complaint: Mr.
, complainant, submitted a complaint online to the Office of
Police Oversight stating the following:
"Injured
while he was being arrested."
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.
200.2 DE-ESCALATION OF POTENTIAL FORCE ENCOUNTERS
When safe and reasonable under the totality of circumstances, officers shall use de-escalation
techniques to reduce the likelihood for force and increase the likelihood of voluntary compliance.
Nothing in this de-escalation policy requires an officer to place themselves in harm's way to
attempt to de-escalate a situation. Recognizing that circumstances may rapidly change, officers
may need to abandon de-escalation efforts after they have commenced. Understanding that no
policy can realistically predict every situation an officer might encounter, the Department
recognizes that each officer must be entrusted with well-reasoned discretion in determining the
reasonable de-escalation techniques to use in a situation. This de-escalation policy is intended to
complement, not replace or supersede, other portions of the APD Policy Manual or specific officer
training that addresses de-escalation.
19
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.
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.
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
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
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.
OUNDED
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.