May 24, 2021

Formal complaint: Department issued body worn camera and other policy violations

Complainant alleges they called police after they experienced domestic and family violence. The OPO recommends this complaint receive a B classification.

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NOTICE OF FORMAL COMPLAINT 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. ICMS #: 2021-0470 May 24, 2021 Complaint: The Office of Police Oversight received an online complaint alleging the following: “On approximately, , I called 911 and asked for the police. For months, I had been enduring domestic and family violence from the father of my child, . My individual therapist , an advocate at , close family/friends, and the Safe Hotline (who has records of my calls) were aware of the abuse I had been enduring. When I called 911, lunged at my child and I, and I ran to my car, buckled my child into his car seat, and quickly got into the vehicle to escape and seek safety. used his body and blocked me from leaving. When police arrived, they told me that I could either stay in the dwelling with my child and or go to a safe destination, but the child would have to stay with the father. I also told the police officers that my child was ill and that I was breastfeeding. Furthermore, the police officers said that if I tried to leave with my child, that they would arrest me for kidnapping. I was the sole managing conservator.” This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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): 303.3 DEPARTMENT ISSUED BODY WORN CAMERA BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by the Department and must be used unless otherwise authorized by a Commander or above. 900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and to protect lives and property. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends this complaint receive a B classification.

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