August 3, 2020

Formal Complaint: Assessment and de-escalation, impartial attitude and courtesy and other policy violations

Complainant alleges that an APD officer used overly-aggressive force as he attempted to safely park his motorcycle and used a negative tone with him during a traffic stop. The OPO 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 handed us. The supervisor of Officers and showed up shortly after. The supervisor was extremely cordial and respectful as we discussed the events that had transpired. He was understanding of how dangerous it is when bikes are not properly parked before dismount and was informed that Officer had made it more difficult for myself to comply with his request. There were several other officers on scene who were all fine upstanding lawmen in terms of their interactions with myself and their conduct. The supervisor was informed that Officer had used excessive force and was extremely rude, confrontational, and poor at using deescalation techniques to properly assess the situation. The supervisor was also informed that officer had never given either rider signal that the car represented a direction of impasse. I was informed by him that he would be reviewing the body camera footage to discover the facts and overall conduct. I am writing in nsure that a formal r conducted not merely because I feel the office ong in how they approached the situation. This effort is aimed at encouragi g officers receive the reprimand and training they need to conduct proper community relations through protocol instead of escalating minor traffic misunderstandings into major mishandled fiascoes. I felt I was accosted instead of protected by officers unwilling to listen to reason and were interested in reprimand than producing beneficial results for peacekeeping. I would appreciate a follow up response and hope that situations like this can be handled better in the future.” 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 complia f APD policy, Civil Service Rules, and Municipal Civil Service Rules. Recommended Administrative Policies to Review (to include but not limited to): 200.2.1 ASSESSMENT AND DE-ESCALATION As officers arrive on the scene, observe conditions and interact with the persons there, they should continue to gather additional relevant information and facts. These assessments, along with reasonable inferences help to develop an understanding of the totality of the circumstances of the incident. 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. 900.3.4 PERSONAL CONDUCT 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 (c) While on-duty or on the premises of City facilities, employees will not: 1. Use loud, indecent, profane, harsh, derogatory language, or use belittling terms in any communications. 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 B classification.

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