Formal complaint: Purpose and scope and other policy violations

OF
CITY
SUBTOTAL
OFFICE OF
POLICE OVERSIGHT
NOTICE OF FORMAL COMPLAINT
ICMS #: 2021-1003
October 27, 2021
Complaint: Complainant alleges she called 512-974-5210/APD investigation, to find out why an
investigator did not show up on
when her son's body was found. Complainant alleges the
medical examiner came and called APD
who was assigned to the case, for a
second opinion because there was blood on the back of her son's head, but he did not show up.
Complainant alleges she had to pick up her son's clothing. Complainant alleges APD just stood
around and did not ask questions of the person who called it in. Complainant alleges she called
and left a message for
Detective
,
supervisor, for more info and he did
call back within a couple of days. Complainant alleges Officer
was condescending and
talking down to her when she was trying to find out about evidence related to her son's case.
Complainant alleges she asked Officer
to check to see why detective
did not
show up to site, but he never did. Complainant alleges she called
with additional
information. Complainant alleges the officer did not follow the protocol when a body is found
and she asked why detective
did not show up, and officer
went into information
about defunding of APD and told her the officer did not have to show up because it was not
deemed a murder. Complainant alleges all the facts about her son's death were not know at that
time. Complainant alleges APD officers need to be retrained, not make assumptions and follow
the protocol when a body is found, and
agreed.
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
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.
434.5 REPORTING GUIDELINES
Officers shall include the following information when an incident report is required:
(a) Deceased persons information (e.g., name, DOB, race, sex).
(b) How the body was discovered and by whom.
(c) A description of the body and scene as it was found at the officers arrival.
(d) Any alterations to the body or the scene made by the officer or any other person (e.g.,
EMS, AFD).
(e) Time of death.
(f) Name of physician who will sign the death certificate.
(g) Name of witnesses.
(h) Name and employee number of Homicide Investigator.
(i) Name(s) of Medical Examiner's personnel.
(j) Next of kin information.
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
QUARTER
OFFICE OF
POLICE OVERSIGHT
FOUNDED
NOTICE OF FORMAL COMPLAINT
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.