Formal complaint: When department issued BWC system is required and other policy violations

DEAT OF SUBMIT
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1152
December 3, 2021
Complaint: The complainant alleges:
"Text and photos in Google doc since the photos did not copy and paste below.
I found the APD General Orders
on two
web pages and am unsure as to which applies to this complaint.
972.4.1 UNAUTHORIZED ENDORSEMENTS
AND ADVERTISEMENTS Unless specifically authorized by the Chief of Police, employees may
not represent the Austin Police Department or identify themselves in any way as being affiliated
with the Austin Police Department in order to do any of the following (Tex. Local Gov't Code §
556.004(c) and (d)): (a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion. (c) Endorse, support
or oppose any product, service, company or other commercial entity. (d) Appear in any
commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or
on any website. Additionally, when it can reasonably be construed that an employee, acting in his
individual capacity or through some unofficial group or organization (e.g. bargaining group), is
affiliated with this department the employee shall give a specific disclaiming statement that any
such speech or expression is not representative of the Austin Police Department. Employees retain
their right to vote as they choose, to support candidates of their choice and to express their opinions
on political subjects and candidates at all times while off-duty. However, employees may not use
their official authority or influence to interfere with or affect the result of an election or a
nomination for office. Employees are also prohibited from directly or indirectly using their official
authority to coerce, command or advise another employee to pay, lend or contribute anything of
value to a party, committee, organization, agency or person for political purpose
801.6 POLITICAL
ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS Unless specifically authorized by
the Chief of Police, Austin Police Department employees may not wear any part of the uniform,
be photographed wearing any part of the uniform, utilize a department badge, patch or other
official insignia, or cause to be posted, published, or displayed, a photograph as an employee of
the Austin Police Department in order to: (a) Endorse, support, oppose or contradict any political
campaign or initiative. (b) Endorse, support, oppose or contradict any social issue, cause or
religion. (c) Endorse, support, or oppose any product, service, company or other commercial entity.
(d) Appear in any commercial, social or non-profit publication, or any motion picture, film, video,
public broadcast or on any website At 15 seconds into this video you will find an APD officer in
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
QUATIN
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
uniform
attending
the
This officer also appears
at
the
speaking to Save Austin Now
rom the Austin Bulldog, Officer
with
Save Austin Now
and Austin Police Association
at
the
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):
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used.
In some circumstances it may not be possible to capture images of an 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. The BWC should only be activated for law enforcement
purposes.
801.6 POLITICAL ACTIVITIES, ENDORSEMENTS, AND ADVERTISEMENTS
Unless specifically authorized by the Chief of Police, Austin Police Department employees may
not wear any part of the uniform, be photographed wearing any part of the uniform, utilize a
department badge, patch or other official insignia, or cause to be posted, published, or displayed,
a photograph as an employee of the Austin Police Department in order to:
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support, or oppose any product, service, company or other commercial
entity.
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
RUSTINE
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
(d) Appear in any commercial, social or non-profit publication, or any motion picture,
film, video, public broadcast or on any website
972.4.1 UNAUTHORIZED ENDORSEMENTS AND ADVERTISEMENTS
Unless specifically authorized by the Chief of Police, employees may not represent the Austin
Police Department or identify themselves in any way as being affiliated with the Austin Police
Department in order to do any of the following (Tex. Local Gov't Code § 556.004(c) and (d)):
(a) Endorse, support, oppose or contradict any political campaign or initiative.
(b) Endorse, support, oppose or contradict any social issue, cause or religion.
(c) Endorse, support or oppose any product, service, company or other commercial entity.
(d) Appear in any commercial, social or nonprofit publication or any motion picture, film,
video, public broadcast or on any website.
Additionally, when it can reasonably be construed that an employee, acting in their individual
capacity or through some unofficial group or organization (e.g. bargaining group), is affiliated
with this department the employee shall give a specific disclaiming statement that any such
speech or expression is not representative of the Austin Police Department.
Employees retain their right to vote as they choose, to support candidates of their choice and to
express their opinions on political subjects and candidates at all times while off-duty. However,
employees may not use their official authority or influence to interfere with or affect the result of
an election or a nomination for office. Employees are also prohibited from directly or indirectly
using their official authority to coerce, command or advise another employee to pay, lend or
contribute anything of value to a party, committee, organization, agency or person for political
purposes (5 U.S.C. 1502)).
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.