Formal Complaint: Obedience to orders, Insubordination and other policy violations

OF
CITY
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
ICMS #: 2020-1277
August 17, 2020
Complaint: The Office of Police Oversight received a phone complaint from
regarding the conduct of the officers who responded to an incident in
in which he was
involved.
This notice of formal complaint is a request for Internal Affairs to initiate an investigation in
order 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):
110.4.3 OBEDIENCE TO ORDERS
F
The Department is an organization with a clearly defined hierarchy of authority. This is
necessary because obedience of a superior's lawful command is essential for the safe and prompt
performance of law enforcement operations. This section also applies to orders received by an
employee in the field training program from a Field Training Officer (FTO).
110.4.4 INSUBORDINATION
Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey
any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by
obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is
considered insubordination whether done in or out of the supervisor's presence.
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.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees are expected to act professionally, treat all persons fairly and equally, and perform all
duties impartially, objectively, and equitably without regard to personal feelings, animosities,
friendships, financial status, sex, creed, color, race, religion, age, political beliefs, sexual
orientation, gender identity or gender expression or social or ethnic background.
303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED
This section is not intended to describe every possible situation where the system may be used. In
some circumstances it may not be possible to capture images of an incident due to conditions or
location of the camera, however the audio portion can be valuable evidence and is subject to the
same activation requirements. The BWC should only be activated for law enforcement purposes.
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
CHICK
AUSTIN
OFFICE OF
NOTICE OF FORMAL
POLICE OVERSIGHT
COMPLAINT
FOUNDED
418.2.3 FAMILY VIOLENCE INVOLVING MENTAL ILLNESS
If there is reason to believe a suspect that is still on-scene suffers from a mental illness, an onduty
patrol officer that is a certified Crisis Intervention Team (CIT) officer shall be requested to the
scene.
418.3.4 EVIDENCE COLLECTION AND PHOTOGRAPHS
Evidence and digital media shall be submitted as outlined in General Order 618 (Property and
Evidence Collection Procedures).
418.6.1 USE OF PROPER TITLE CODES
When initiating an incident report, the use of proper title codes is critical to ensure proper report
routing.
445.2 INCIDENTS REQUIRING A CIT OFFICER
(a) If the incident is an emergency involving a person in mental health crisis, a CIT officer
will be dispatched as the primary responding officer. If a CIT officer is not available, any
patrol officer will be dispatched immediately and a CIT officer will respond as soon as
possible.
(b) If the incident is non-emergency in nature, a CIT officer shall respond as the primary
officer, with the exception of an emergency room transport of a POED to a psychiatric
hospital (secondary transport)..
(c) The following incidents also require the response of a CIT officer:
1. Any situation where the responding officer believes that a person's mental health
is adversely affecting the person's behavior (e.g., attempted suicide, suicidal
subject, Peace Officer Emergency Detention (POED) evaluation).
900.3.4 PERSONAL CONDUCT
(c) While on-duty or on the premises of City facilities, employees will not:
2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do
anything that might incite that person to violence
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.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive an A 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.