Formal complaint: Insubordination, Responsibility to Know and Comply
Complainant alleges that Austin police officers failed to follow health and safety protocols by not wearing personal protective equipment while on duty. The complainant included video to support their claim. The Office of Police Oversight recommends that this allegation receive a B classification.
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Formal complaint: Insubordination, Responsibility to Know and Comply337.62 KBPDF Content
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OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1147
September 17, 2020
Complaint:
complainant, filed an online complaint with the Office of Police
Oversight stating the following:
"A post on the
shows and claims officers not wearing masks until Austin
residents began recording them. Given the post was made five hours ago (approximately
CST), I'd give the officers a slight benefit of the doubt in that the notification for
mandatory masks was made on 07/03/20 that I'm aware, but there's no excuse that there
are some officers clearly wearing masks and others that defiantly are not. Much like the
post below reads how are the people of this city warned of a $250 fine but not the police?
I want to know what immediate steps, if any, you as an oversight committee can take how
this can be addressed with the rising numbers of Covid-19. I will also be reaching out to
the Austin City Council and the mayor with the same inquiry. We are coming off heated
protests across the state of Texas and the country, and yet it appears that the process to
positively reform police is affectively being opposed by the police. Add this to the list of
reasons communities do not trust the police. Actions like this will result in that distrust
continuing long into the future. Do something.
Post:
https:/
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.
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.
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.