Formal complaint: Responsibility to the community—Purpose and scope and other policy violations

CITY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0322
May 7, 2020
Complaint: The complainant, Ms.
alleges that she was pulled over for no
reason. She further states that she had to pee but the officer did not believe her and thought that
she was hiding something. Ms.
further alleges that the officer wouldn't let her go to the
restroom, placed her in handcuffs, and kicked her legs open to conduct a search. Ms.
states that she peed on herself in front of her neighbors and that the officer just stood there and
watched her pee on herself.
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.
F
Recommended Administrative Policies to Review (to include but not limited to):
301.1 PURPOSE AND SCOPE RESPONSIBILITY TO THE COMMUNITY
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.
304.3.2 WHEN DMAV USE IS REQUIRED
This order is not intended to describe every possible situation where the system may be used. In
some circumstances it is not possible to capture images of the incident due to conditions or
location of the camera however the audio portion can be valuable evidence and is subject to the
same activation requirements.
306.8 PROBABLE CAUSE
(b) Vehicles:
1. Officers may conduct a warrantless search of a readily movable vehicle (e.g.,
automobile, mobile home, boat or airplane) if there is probable cause to believe
that evidence or contraband is inside and the search cannot safely be delayed in
order to obtain a warrant.
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
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
1839
318.3.1 HANDCUFFING DETAINEES
(a) As a practice, officers should not handcuff lawfully detained individuals. However,
situations may arise where it may be reasonable to handcuff a lawfully detained
individual.
350.2.2 DRIVING A NON-CITY VEHICLE
Non-City vehicles should not be driven by police personnel unless it is necessary to move a
vehicle a short distance to eliminate a hazard, prevent the obstruction of traffic or to comply with
posted signs.
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.
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.