October 14, 2020

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

Complainant alleges that Austin police officers retaliated against them by surveilling their home after they publicly expressed support of increased police oversight. 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 #: 2020-1575 October 14, 2020 Complaint: Complainant, , filed a complaint alleging the following: “On , I was interviewed by Fox 7 news about an initiative to repeal chapter 143. I talked about gathering signatures for our petition to bring oversight to the police department. On h around I came home from the grocery store and found 2 cop cars around my house. One just behind my house, that I passed on the way home and one sitting in front about one house down from me. While this could be a total coincidence I feel like it is important to mention. In the year that I have lived in this house I have never seen cops parked in my area. Ever. The car out front left about 5 minutes after I arrived home, not sure about the car in back.” 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): 100.1 PURPOSE AND SCOPE – LAW ENFORCEMENT AUTHORITY Law enforcement officers are granted the authority to perform their functions based on established legal authority. This department does not tolerate abuse of law enforcement authority. 301.1 PURPOSE AND SCOPE – RESPONSIBILITY TO THE COMMUNITY 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. 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. 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 A classification.
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