Formal complaint: Purpose and scope

OF
CITY
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0283
April 6, 2020
Complaint: Mr.
complainant, alleges that Austin Police Department (APD) officers
may have violated APD policy during an interaction with him. Mr.
alleges that the
following occurred:
"I was at the
requesting to speak to a supervisor or get contact
information for one. The lady at the front desk told me that one wasn't in and that she was
going to call the cops on me if I didn't leave. I told her to go ahead SO I could explain that
y'all charged me for a room that I wasn't allowed to stay in. Officer
and Officer
arrived and asked/ told me to get out of the lobby. Officer
put his hand
on me without notice and frisked me. I asked him what he was doing? His reply, I'm
checking you for weapons. Officer
seemed very agitated with me and he seemed
not to be able to speak with me. I asked Officer
if we could talk and I could
explain what had taken place before they arrived. We talked and then Officer
told
me he would get me a supervisor's contact info and came out with a paper that had a
.com address. I was then told to leave the property or I would be arrested for a criminal
trespass. I don't know why it took two officers to come."
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):
301.1 PURPOSE AND SCOPE
All persons deserve protection by fair and impartial law enforcement and should be able to
expect similar police response to their behavior wherever it occurs. Employees will serve the
public through direction, counseling, assistance, and protection of life and property. Employees
will be held accountable for the manner in which they exercise the authority of their office or
position. Employees will respect the rights of individuals and perform their services with
honesty, sincerity, courage, and sound judgment.
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.
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
CUSTOM
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDER
1839
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 an A classification.
F
A
UNDED
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.