Complainant alleges that, during a traffic stop, an Austin police officer failed to follow health and safety protocols by not wearing personal protective equipment while on duty. The Office of Police Oversight recommends that this allegation receive an B classification.
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NOTICE OF FORMAL
ICMS #: 2020-1581
November 13, 2020
, complainant, filed an online complaint with the Office of Police
Oversight alleging the following:
“During my encounter with Officer
, he refused to put on a mask, despite the fact
that I had one on and my two young daughters were in the backseat of my car - one of
whom had her window rolled down. When he approached my car I asked him if he could
put on a mask and he said he couldn’t because he was wearing a helmet. Masks are
currently mandated in Austin and he was closer than six feet from me and my children.
Therefore, he put all of us at serious risk simply because he didn’t want to wear a mask.”
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):
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.
Recommended Classification: The OPO is permitted to make a preliminary recommendation
on the classification of administrative cases.
The OPO recommends that this allegation receive a B classification.