August 17, 2020

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

Complainant alleges the conduct of Austin police officers regarding an incident in which he was involved in violated policy. The Office of Police Oversight recommends that this allegation receive an A classification.

PDF Content

Disclaimer: The following text was extracted from the PDF file to make this document more accessible. This machine-generated content may contain styling errors due to redactions. In some instances, text may not load if the original file is a scanned image or has not been made searchable. For the full version of the document, please view the PDF.

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. NOTICE OF FORMAL 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 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. NOTICE OF FORMAL COMPLAINT 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.

Did you find what you were looking for on this page?