August 17, 2020

Formal complaint: Insubordination, Impartial Attitude and Courtesy and other policy violations

Complainant alleges that Austin police officers 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 a B 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 #: 2020-0570 August 17, 2020 Complaint: Ms. submitted a complaint by phone to the Office of Police Oversight stating the following: “Last week, a neighbor called the police because they saw my almost 8 year old daughter walking in the neighborhood (6 houses away from our house). Since the pandemic my daughter has been home and has started to take short walks near our house. I get that a neighbor was concern and called the police. My concern is that when the two police officers (I only got one last name, Officer ) appraoched my daughter and me, they were not wearing a mask and got closer than 6 ft. They asked my daughter if she wanted them to get in their car so they could bring her home. I am so glad my daughter was confident and smart enough to say no. I am concern that these officers would offer to put a child in a police car that could have exposed her to the corona virus. My hope is that police officers are no putting children in their car, if they do not need to and that they use precautions in interacting with the public....wear a mask and maintain 6 ft. of social distance.” 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): 200.2.1 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. 301.2 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. 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. 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 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 B classification.
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