OPO Policy Recommendations to Austin Police Department's General Order 364: Off-Duty Law Enforcement Actions
In this memo, the Office of Police Oversight (OPO) provides recommendations on the Austin Police Department’s General Order 364. This order outlines officer conduct during off-duty law enforcement actions, including incidents of personal interest and the reporting of such actions. OPO recommends that APD adopt a clear definition of “incident of personal interest” and amend its reporting requirements for this kind of incident.
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P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
1839
COMPLAINT HOTLINE: 512-972-20PO
March 19, 2024
Robin Henderson, Interim Chief of Police
Austin Police Department
715 E. 8th Street
Austin, TX 78701
RE: OPO Policy Recommendations For Improvement to Austin Police Department's
General Order 364: Off-Duty Law Enforcement Actions
Dear Chief Henderson:
A
The purpose of this memorandum is to provide feedback and recommendations for improvement
to the Austin Police Department's (APD) General Order (GO) 364: Off-Duty Law Enforcement
Actions.
The specific policies reviewed in this memorandum are as follows:
364.4.2 Incidents Of Personal Interest
364.5 Reporting (a)
364.5 Reporting (b)
This policy analysis and recommendations address inadequate definitions and present APD with
an opportunity to expand the policy for a greater understanding that better aligns with nationwide
best practices. The OPO recommends improving this policy for the betterment of APD sworn
employees and the general public.
We look forward to addressing the items identified and improving these policies to benefit the
community and APD's sworn personnel.
Sincerely,
Gail McCant, Director
Office of Police Oversight
OF
P.O. BOX 1088, AUSTIN, TEXAS 78767
CITY
OFFICE OF
WWW.ATXPOLICEOVERSIGHT.ORG
POLICEOVERSIGHT@AUSTINTEXAS.GOV
1839
POLICE OVERSIGHT
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
FOUNDED
COMPLAINT HOTLINE: 512-972-20PO
364: Off-Duty Law Enforcement Actions
Recommendation #1:
OPO recommends that APD improve 364.4.2.
OPO analysis indicates a need to clarify and define what constitutes an incident of personal
interest. The example of family or neighbor disputes in the current policy needs more clarity or
explanation.
Recommendation #2:
OPO recommends that APD amend 364.5 Reporting (a).
OPO recommends that APD remove the phrase "as soon as practicable." The OPO recommends
that APD require reporting within a specified amount of time.
Recommendation #3:
OPO recommends that APD expand 364.5 Reporting (b).
OPO recommends that APD require officers to write a memo to their supervisor documenting their
account of any off-duty event immediately upon returning to duty. The written memo should then
be immediately forwarded to Internal Affairs by the supervisor.
2