August 17, 2020

Formal complaint: Responsibility to Know and Comply, Acts Bringing Discredit upon the Department

Complainant alleges that an Austin police detective failed to properly investigate accusations against him that ultimately led to his arrest. The Office of Police Oversight recommends that this allegation receive an A classification.

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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 #: 2020-1278 August 17, 2020 Complaint: Mr. , complainant, submitted a complaint to the Office of Police Oversight stating the following: “Dear Office of Police Oversight, Prior to , I had never been arrested. I had a completely clean record. Then, out of the blue, , I was arrested for allegedly sending harassing text messages to my exwife, from a phone number that is registered to my exwife. The Detective that wrote the arrest warrant/the lead Detective on the case I found on later, worked with the complaining witness for years, and they have been friends for years. Also, she didn''t investigate at all. If Detective would have investigated, she would have known that I was innocent of my exwife's accusations. I am not an attorney and I have no legal experience, but I am pretty sure that it is probably illegal to be the lead Detective on an investigation when you worked with the conplaining witness and have been friends with the complaining witness for years. Attached to this email is a phone call recording of me talking to Officer on , where he tells me about complaints that my ex wife filed against me. I ask him over and over again if I could have the opportunity to prove that my exwife''s complaints are false. Officer says that they are only complaints, but if the complaints continue there will be an investigation. I then tell him that I want there to be an investigation so I can prove that whatever my exwifes complaints are, are totally and completely false. Then, the very next day after the phone call with Officer , a warrant is issued for my arrest. Attached to this email is proof that Detective worked with/is friends with the complaining witness(my exwife ). The attachment has 7 pages. The arrest warrant is the bottom 2 pages of the attachment. Also attached to this email is Officer and I''s phone call recording from . I am afraid to file a complaint against Detective , because I am afraid she will take it out on me somehow. 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 Could you please put me at ease that I will be safe/that Detective /other police officers that are her friends won't try to hurt me/my family. I feel like I am taking a big risk even by sending you this email. Sincerely, ” 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): 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. 900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department, employees must conduct themselves at all times in a manner which does not bring reproach, discredit, or embarrassment to the Department or to the City. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends this allegation receive an A classification.
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