Formal complaint: Purpose and scope and other policy violations

OF
CITY
KUSHI
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
ICMS #: 2020-1457
September 17, 2020
Complaint:
,
complainant, filed an online complaint with the Office of Police
Oversight stating the following:
"Officer
in charge of bike patrol posted an attack on Facebook directed at
and me being an employee has had a dramatic impact on my daily life.
I'm receiving death threats over the phone. I'm constantly receiving hate calls because of
his extreme lack of professionalism and judgment. He has directly placed me in harm. This
was done intentionally And without disregard to all the employees that he's endangered."
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.
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.
900.3.2 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.
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
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
CHICK
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
POUNDED
1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in
any communications.
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence.
972.2 POLICY - EMPLOYEE SPEECH, EXPRESSION, AND SOCIAL NETWORKING
Public employees occupy a trusted position in the community, and thus, their statements have the
potential to contravene the orders and performance of this department. Due to the nature of the
work and influence associated with the law enforcement profession, it is necessary that
employees of this department be subject to certain reasonable limitations on their speech and
expression. To achieve its mission and efficiently provide service to the public, the Austin Police
Department will carefully balance the individual employee's rights against the Department's
needs and interests when exercising a reasonable degree of control over its employees' speech
and expression. This policy is not intended to restrict employee speech that is protected by the
First Amendment.
972.4 PROHIBITED SPEECH, EXPRESSION AND CONDUCT
(b) Speech or expression that, while not made pursuant to an official duty, is significantly
linked to, or related to, the Austin Police Department and tends to compromise or
damage the mission, function, reputation or professionalism of the Austin Police
Department or its employees.
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.
183
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.