Formal complaint: Purpose and scope and other policy violations

OF
GIVE
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1031
November 5, 2021
Complaint: The complainant alleges:
"Officer
made racist comments about a Hispanic family while working a
crash they were involved in (case number
). His comments were captured on
his body worn camera and were something to the effect of stating the family 'probably
didn't have insurance or papers', making a reference to their immigration status. Austin
police officers do not deal with immigration status and in fact statements have been made
in the past about Austin police officers not needing to know a person's immigration status
as that is handled by ICE. Officer
comments were inappropriate and racist in
nature, as he did not make those comments about the other people involved in the
collision because they were white. This is not the first time Officer
has made
racially charged comments about people who are not white, his supervisors have been
notified of this before."
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):
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
LOSTER
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.
900.2 REQUIRED REPORTING OF VIOLATIONS
Employees have an obligation and responsibility to report all facts or credible information they
know regarding any criminal activity by other employees or any breach of APD written
directives.
(b) Suspected General Order Violations
2. Supervisors will immediately take action as outlined in General Order 902
(Administrative Investigations) when a violation of a directive comes to their
attention, regardless of the supervisor's or violator's assignment or rank within the
Department.
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.