INTRODUCTION

The Office of Police Oversight (OPO) accepts complaints and compliments about the conduct of Austin Police Department (APD) officers. Anyone may submit complaints or compliments based on their own or someone else's experience. OPO accepts contacts via phone, email, U.S. mail, online, or in-person at our office. 

You can learn more about OPO’s complaint process here: https://www.austintexas.gov/page/complaints-process

CONTACTS, COMPLAINTS, AND COMPLIMENTS

An essential part of building trust between the community and APD is providing opportunities for people to submit positive and negative feedback about their interactions with the Department. OPO works to provide these opportunities in a way that is accessible to all. As a result, community members who wish to share feedback about APD may communicate with OPO online, in person, or by phone, email, or mail.

  • CONTACT: OPO uses the term contact to refer to any communication received, whether a compliment, complaint, or general inquiry.
  • COMPLAINT: When referring to negative feedback, OPO uses the term complaint. Community members may file complaints by phone, email, U.S. mail, online, or in person at our office. A complaint may allege that an Austin police officer acted improperly, violated the law, or APD policy.
  • ANONYMOUS COMPLAINT: Anonymous complaints provide accessibility for community members who would otherwise be unwilling or unable to share their experiences. Community members may file anonymous complaints by phone, email, U.S. mail, online, or in person at our office, and do not have to provide any contact information. For anonymous complaints, OPO does not record the name or contact information of the person filing the anonymous complaint. However, OPO may be limited in what we can do with the information if the complainant does not verify their information or statement under oath.  
  • COMPLIMENT: When referring to positive feedback, OPO uses the term compliment, or thank you. Community members may submit compliments by phone, email, U.S. mail, online, or in person at our office, and do not have to provide any contact information.

 

PRELIMINARY REVIEW

Preliminary Review is the second step in the complaints process. During the preliminary review, OPO complaints specialists review materials, such as body cameras or dash camera videos, and any information the complaint provides to see if a policy violation occurred. After the preliminary review is complete, complainants can choose how to proceed:

  • FORMAL COMPLAINT: A complainant can request a full investigation.
  • SUPERVISOR REFERRAL: A complainant can request to speak to an officer's supervisor.
  • COMMUNITY CONCERN: The complaint can be documented as a community concern or general feedback for APD.

 

PRELIMINARY INVESTIGATION

If the complaint moves to a full investigation, OPO complaint investigators evaluate the preliminary review, interview the complainant and any witnesses, and determine if a policy violation occurred. A sworn affidavit may be requested.

  • AFFIDAVIT: An affidavit is a sworn statement notarized by a state-approved Notary. Texas Local Government Code, Chapter 143, requires a sworn statement to question a police officer. If the complaint moves to a full investigation, OPO complaint investigators evaluate the preliminary review, interview the complainant and any witnesses, and determine if a policy violation occurred. OPO may request a sworn affidavit so that an APD officer can be questioned about the complaint. OPO complaints staff are notaries and can notarize complaints affidavits in English and Spanish. OPO can accommodate other languages upon request.
  • RECOMMENDED FOR FULL INVESTIGATION BY APD: The Office of Police Oversight forwards all requests for formal investigation to APD's Internal Affairs Division (IAD). A complainant can request that their complaint be submitted for investigation as a formal complaint.

 

APD INTERNAL AFFAIRS INVESTIGATION

Complaints staff monitors APD’s investigation, participates in interviews with witnesses and officers, and provides monthly updates to complainants.

  • APD INTERNAL AFFAIRS INVESTIGATION: APD's Internal Affairs Division (IAD) investigates all external formal complaints that were submitted by OPO. External complaints are complaints originating from the community. APD provided this data, which the Office of Police Oversight confirmed.
  • PENDING INVESTIGATION: There are occasions when an investigation is unable to move forward for the following reasons:
    • There is insufficient information to identify the incident or related officers; thus, OPO is unable to conduct a Preliminary Review or Investigation
    • APD's Internal Affairs Division is unable to pursue an Administrative Investigation.
    • The complaint is about another City Department or another law enforcement agency. The Office of Police Oversight can only accept complaints concerning an APD officer's conduct.
  • RESIGNED or SEPARATED DURING ADMINISTRATIVE INVESTIGATION: This metric represents when APD officers resign or separate from the department before the investigations conclude or the Chief of Police can issue formal disciplinary action.
  • OPO DISCIPLINARY RECOMMENDATION: A disciplinary recommendation is a non-binding written recommendation from the Director of the Office of Police Oversight (OPO) to the Chief of Police or an officer's Chain of command regarding critical incidents or administrative investigations.
  • CLASSIFICATIONS DEFINITIONS: When APD completes the investigation, OPO complaints staff notifies the complainant of the investigation results, including any discipline issued.
    • CLASS A: Include, but not limited to, criminal conduct, serious policy violations, or conduct that could damage the Police Department. Potential discipline may include demotion, more than 15-days suspension, or indefinite suspension.
    • CLASS B: Includes, but is not limited to, policy violations such as profanity, belittling language, inadequate police service, minor traffic violations, negligent damage, or property loss. Potential discipline may include 15-days suspension or less, or written reprimand.
    • CLASS C: Includes, but is not limited to, policy violations such as profanity, belittling language, inadequate police service, minor traffic violations, negligent damage, or loss of property. Potential discipline may include oral reprimand, training, or educational based discipline.
    • CLASS D: Not policy violations because the evidence shows they are false. There is no formal discipline administered for this classification.