Queja formal: Evaluación y desescalada, propósito y alcance, actitud imparcial y cortesía y otras violaciones a políticas

OF
GIN
LOSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-0981
October 4, 2021
Complaint: The complainant alleges: Mental Health Officers arrived after being called on a
resident,
, who was reported to have a knife and making worrying statements. This
resident is deaf and has an Intellectual/Developmental Disability. Officers did not arrive with an
interpreter and did not listen to me (his case manager) when i attempted to speak with them
about resident's disabilities and need for a CDI and ASL interpreter. They instead attempted to
communicate via whiteboard and said that he was pretending not to understand what they were
saying, even after I assured them that communicating in this way was extremely difficult for
him. Resident's rights under the ADA were encroached upon, and the one staff person who could
assist in this issue was ignored and asked to leave.
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):
200.2.1 ASSESSMENT AND DE-ESCALATION
As officers arrive on the scene, observe conditions, and interact with the persons there, they
should continue to gather additional relevant information and facts. These assessments, along
with reasonable inferences help to develop an understanding of the totality of the circumstances
of the incident.
301.1 PURPOSE AND SCOPE
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.
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
AUSTER
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
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
318.2 GENERAL POLICY
(b) Officers will explain the reason for the contact and the purpose of anticipated police action,
when practicable.
(c) Officers will act with as much restraint and courtesy toward persons interviewed, detained or
arrested as is possible under the circumstances.
321.2.1 RESTRAINT GUIDELINES
(a) Suspects being arrested and transported in police vehicles shall be handcuffed or otherwise
restrained as described below
445.3 CIT OFFICER REFERRALS
Officers receiving a mental health request for assistance from a complainant will refer the
individual to an on-duty CIT officer or the CIT Unit. An incident report will be completed as
outlined in this order.
609.3 INTERPRETERS & OTHER COMMUNICATION FACILITATION SERVICES FOR
THOSE WHO ARE DEAF OR HARD OF HEARING
Qualified interpreters and other communication facilitation services for those who are deaf or
hard of hearing are available at all hours. Instructions for obtaining their services are available
through APD Communications, the Booking Desk, Centralized Investigations and Municipal
Court.
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
AUSTRA
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
When choosing what type of interpretation, auxiliary aids, or other communication facilitation
services to use or provide, employees should give primary consideration to the request made by
the person who is deaf or hard of hearing.
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.
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.
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.