Formal Complaint: When department issues BWC system deactivation is authorized and other policy violations

OF
GIVE
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-0589
July 17, 2020
Complaint: The Office of Police Oversight received an online complaint from
stating as follows:
"The staff at
were attempting to remove a resident. The person they were
removing
threatened my life. He said he had a gun he was going to grab it. he then
threatened personel [sic] with violence at the secondly, he then threatened to come back
and "get all of us."
reponded [sic]. He did not take a
statement from me and allowed
to come up and down from the room unsupervised and
allowed
to try to intimidate me while I had to wait in the lobby because I was terrified to
go back to my room. I am still terrified and have to move rooms due to the threats that he may
come back. After they finally left I observed that someone had spit or thrown an unknown
substance all of my door that appeared to be spit. The officer did not take me or the staff
seriously after being threatened with physical violence several times."
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):
303.3.3 WHEN DEPARTMENT ISSUED BWC SYSTEM DEACTIVATION IS
AUTHORIZED
Once the BWC system is activated it shall remain on until the incident has concluded or until
deactivation is permissible in accordance with this order.
(d) Employees may deactivate the audio portion by engaging the mute button on the body
worn camera, for administrative reasons only, as follows:
2. After the purpose of audio deactivation has concluded, employees will
reactivate the audio track
437.3.1 CRIMINAL TRESPASS NOTICE
When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer
shall document the incident by either writing a "Criminal Trespass Notice" incident report (title
code 2730) or complete a Criminal Trespass Notice Incident Form (PD0040 or PD0040E). A
subject does not need to be on the property at the time the notice is given in order for the notice
to be valid. If the notice is to be temporary and the suspect leaves when told to do SO by the
owner/agent, the officer will title the report "Assist Complainant" and document that the notice
was temporary and should not be considered a permanent (e.g., up to one year) notice.
(a) Criminal Trespass Notice Report
1. Use the offense title "Criminal Trespass Notice" (title code 2730).
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.
BAY OF
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
BUNDED
2. Use the Trespass Notice template when writing the narrative.
3. The narrative should contain the following information:
(a) Location of occurrence.
(b) Date and time of occurrence.
(c) Witnesses to the incident.
(d) Type of notice issued (e.g. oral, written, posted sign).
(e) Name and identifying information on the owner/agent who issued
notice.
(f) Reason the owner/agent wants to issue the notice.
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 a B classification.
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