September 16, 2025
OPO Recommendation for Complaint 2025-0119, Officer Garrett Miller
In response to the complaint against Officer Miller, the Office of Police Oversight reviewed the Austin Police Department's (APD) internal investigation into his conduct. The investigation confirmed that Officer Miller made derogatory statements toward the LGBTQIA community on his social media. OPO believes Officer Miller violated APD's policies on impartial attitude and courtesy, and prohibited speech, expression and conduct, and recommends he receive an oral reprimand. OPO also recommends that APD implement faster investigative practices for this type of allegation.
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OPO Recommendation for Complaint 2025-0119, Officer Garrett Miller318.85 KBPDF Content
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P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
September 16, 2025
SUBJECT:
2025-0119 Discipline Recommendation
Dear Chief Davis:
On February 17, 2025, the Office of Police Oversight (OPO) received an anonymous online
complaint, #2025-0119, alleging that Austin Police Department (APD) Police Officer Garrett
Miller (AP#9091) had posted racially insensitive and generally inappropriate content on his social
media accounts while wearing his APD uniform, which was embarrassing for the department.
Disposition by APD Chain of Command
On August 13, 2025, OPO was notified by APD's Internal Affairs Division (IAD) that the
investigative case file had been forwarded to Officer Miller's chain of command. At the time of
this recommendation memo, OPO did not have access to the Control Sheet or the Notice of
Sustained Allegation (NOSA) from Officer Miller's chain of command.
IA reviewed the following APD General Orders in relation to these allegations:
301.2 Impartial Attitude and Courtesy
972.4 Prohibited Speech, Expression and Conduct
OPO Disposition Recommendation: Written Reprimand
Upon reviewing the investigative file, I believe IAD conducted a straightforward and unbiased
investigation that collected and analyzed the pertinent information surrounding the incident. The
file substantiates that Officer Miller, on multiple occasions, referred to individuals and individual's
acts or actions on his personal Facebook page as "gay," which is commonly recognized as a
derogatory statement toward the LGBTQIA community. The context in which he used the word is
aligned with a negative observation of the topic he is discussing, which clearly demonstrates he
understands the negative nature of the word "gay."
D
When IAD asked Officer Miller if he would use the terminology again, he stated, "I can see how
it would be offensive to people And in this case, it is my Facebook is as private as I can make it
but some - it has made its way outside those walls or maybe somebody within the walls of my
Facebook was offended by it, so I would take the precautionary steps to prevent another incident
like that. This infers he understands he violated the General Orders. However, when asked if he
complied with GOs 301.2 and 972.4 he stated, "Yes." His justifications are, the acts didn't occur
at work or outside of work, and his Facebook page is private, and the statements weren't meant to
be offensive. However, Officer Miller acknowledges how his remarks may be offensive to
someone reviewing his Facebook page, which includes his private friends.
1
CTTP OF AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
GERL
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
I believe there should be a sustained findings for the following APD General Order violations:
Sustained - 301.2 Impartial Attitude and Courtesy
Sustained - 972.4 Prohibited Speech, Expression and Conduct
Considering the totality of the circumstances and in alignment with APD's General Orders, the
Office of Police Oversight recommends that Officer Miller receive an oral reprimand. Officer
Miller's violation of Policy 972.4 does not meet the specific definition outlined in the discipline
matrix, in that his conduct was not for "personal gain." Therefore, I believe an oral reprimand is
an appropriate disposition based on the facts of this incident.
The case was transferred to IAD in February 2025. Officer Miller was the only person interviewed
to understand the scope of his actions. I understand discovery and evidence had to be collected
from his personal cell and computer were necessary steps in the process, but at the same time six
months appears to be a long-time to complete this investigation. I encourage you to implement
investigative practices within APD that will allow faster turnaround on these types of
investigations while still ensuring thoroughness.
In compliance with Section 2-15-5(B) of the City Code, I request the Chief to "provide a detailed
public, written explanation for not following a recommendation of the Office of Police Oversight."
Sincerely,
Dail
Gail McCant
Director
Office of Police Oversight
FOUNDED
6339
2
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
TO:
Chief Lisa Davis, Austin Police Department
FROM:
Director Gail McCant, Office of Police Oversight
DATE:
September 16, 2025
SUBJECT:
2025-0119 Discipline Recommendation
Dear Chief Davis:
On February 17, 2025, the Office of Police Oversight (OPO) received an anonymous online
complaint, #2025-0119, alleging that Austin Police Department (APD) Police Officer Garrett
Miller (AP#9091) had posted racially insensitive and generally inappropriate content on his social
media accounts while wearing his APD uniform, which was embarrassing for the department.
Disposition by APD Chain of Command
On August 13, 2025, OPO was notified by APD's Internal Affairs Division (IAD) that the
investigative case file had been forwarded to Officer Miller's chain of command. At the time of
this recommendation memo, OPO did not have access to the Control Sheet or the Notice of
Sustained Allegation (NOSA) from Officer Miller's chain of command.
IA reviewed the following APD General Orders in relation to these allegations:
301.2 Impartial Attitude and Courtesy
972.4 Prohibited Speech, Expression and Conduct
OPO Disposition Recommendation: Written Reprimand
Upon reviewing the investigative file, I believe IAD conducted a straightforward and unbiased
investigation that collected and analyzed the pertinent information surrounding the incident. The
file substantiates that Officer Miller, on multiple occasions, referred to individuals and individual's
acts or actions on his personal Facebook page as "gay," which is commonly recognized as a
derogatory statement toward the LGBTQIA community. The context in which he used the word is
aligned with a negative observation of the topic he is discussing, which clearly demonstrates he
understands the negative nature of the word "gay."
D
When IAD asked Officer Miller if he would use the terminology again, he stated, "I can see how
it would be offensive to people And in this case, it is my Facebook is as private as I can make it
but some - it has made its way outside those walls or maybe somebody within the walls of my
Facebook was offended by it, so I would take the precautionary steps to prevent another incident
like that. This infers he understands he violated the General Orders. However, when asked if he
complied with GOs 301.2 and 972.4 he stated, "Yes." His justifications are, the acts didn't occur
at work or outside of work, and his Facebook page is private, and the statements weren't meant to
be offensive. However, Officer Miller acknowledges how his remarks may be offensive to
someone reviewing his Facebook page, which includes his private friends.
1
CTTP OF AUSTIN
P.O. BOX 1088, AUSTIN, TEXAS 78767
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 I TTY: 711 FAX: 512.974.6306
FOUNDED
GERL
COMPLAINT HOTLINE: 512-972-20PO
DISCIPLINE RECOMMENDATION
I believe there should be a sustained findings for the following APD General Order violations:
Sustained - 301.2 Impartial Attitude and Courtesy
Sustained - 972.4 Prohibited Speech, Expression and Conduct
Considering the totality of the circumstances and in alignment with APD's General Orders, the
Office of Police Oversight recommends that Officer Miller receive an oral reprimand. Officer
Miller's violation of Policy 972.4 does not meet the specific definition outlined in the discipline
matrix, in that his conduct was not for "personal gain." Therefore, I believe an oral reprimand is
an appropriate disposition based on the facts of this incident.
The case was transferred to IAD in February 2025. Officer Miller was the only person interviewed
to understand the scope of his actions. I understand discovery and evidence had to be collected
from his personal cell and computer were necessary steps in the process, but at the same time six
months appears to be a long-time to complete this investigation. I encourage you to implement
investigative practices within APD that will allow faster turnaround on these types of
investigations while still ensuring thoroughness.
In compliance with Section 2-15-5(B) of the City Code, I request the Chief to "provide a detailed
public, written explanation for not following a recommendation of the Office of Police Oversight."
Sincerely,
Dail
Gail McCant
Director
Office of Police Oversight
FOUNDED
6339
2