Formal complaint: Response to resistance and other policy violations

OF
CITY
TURNER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1205
December 8, 2021
Complaint: Austin Police Department (APD) officers may have violated APD policy while
responding to a call for service on
This complaint is related to 2021-1041. The
Office of Police Oversight is the complainant.
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):
200.3 RESPONSE TO RESISTANCE
While the type and extent of force may vary, it is the policy of this department that officers use
only that amount of objectively reasonable force which appears necessary under the
circumstances to successfully accomplish the legitimate law enforcement purpose in accordance
with this order.
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.
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
GINE
CUSTOM
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
900.1 PURPOSE AND SCOPE
It is the policy of the Austin Police Department that employees conduct themselves at all times in
a manner that reflects the ethical standards consistent with APD written directives. This order
shall apply to all sworn and civilian members, including volunteer, part-time, auxiliary, and
nonpaid civilians affiliated with the Department through a Department-sponsored program while
under the direction of a Department employee.
This order is intended to guide employees in conducting themselves and their affairs, both on-
duty and off-duty, in a manner that reflects the professionalism required of Department
personnel. Furthermore, this order is intended for internal use only and shall not be construed to
increase or establish an employee's civil or criminal liability, nor shall it be construed to create or
establish a higher standard of safety or care.
900.3 GENERAL CONDUCT
This section contains the expectations and requirements of employee conduct, both on-duty and
off-duty, and causes for disciplinary action due to employee misconduct. This is not intended to
cover every possible type of misconduct and does not preclude the recommendation of
disciplinary action for specific action or inaction that is detrimental to efficient Department
service.
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.
(a) Employees will not commit any act which tends to destroy public confidence in, and
respect for, the Department or which is prejudicial to the good order, efficiency, or
discipline of the Department.
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.