Formal complaint: Purpose and scope and Impartial attitude and courtesy

OF
CITY
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0983
October 4, 2021
Complaint: The complainant alleges:
"My name is
On
morning around
my sister,
, was in a car accident. I was not involved, but she called me
and I drove to her (& the other party's) aid. Thankfully nobody was physically injured nor
required medical assistance. However, the officer that showed up first (I think the last
name was
is why I am making this complaint (and I left a voicemail with the
APD complaint office today
). First, upon arriving, I felt like officer
was lecturing her (my sister) regarding the accident when he should be doing his
job - lecturing an adult (she is not a minor), is not part of his job description. He did not
need to make sarcastic remarks, "what were you doing that you didn"t see the stop sign?"
Making her feel guilty and pressuring her into this type of conversation does not feel
correct as she was just in an accident and shaken up. Secondly, the other party involved
in the accident looked hungover and nobody was concerned with that, but were
concerned with my sister (ie the lecturing). The lady (the other party) insisted on driving
her car home even when it was obvious the car could not be driven home and she was not
wearing shoes while driving nor when the officers arrived. Additionally, the stop sign
where the accident occurred is obstructed and not highly visible, but the officer did not
seem to care one bit for that, which goes against "to serve and to protect." What is
APD/CoA going/able to do to ensure this does not happen again at this intersection?
Third, we were extremely pressured by the officer to utilize y'all's towing vendors that
charged us $245.00. We have auto insurance and we were trying to make the most logical
decision (of where to have our vehicle towed). The officer and the tow guy (y'all's
vendor) pressured us in making a quick/swift decision to just use them. This was and is
unacceptable. Our towing will only refund up to a certain amount. It is not our duty (CoA
residents) to make up for any lost funding by over paying on towing services. Fourth, the
officer's tone and delivery of APD protocol was rude and full of entitlement; we did not
feel emotionally or mentally supported during this incident. Lastly, the officers (there
were a total of 2 at the accident scene) were not wearing any type of COVID protection
masks and were not practicing safe social-distancing."
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
GIN
AUSTIN
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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):
301.1 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 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.
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.