April 20, 2021

Formal complaint: Impartial attitude and courtesy and other policy violations

Complainant alleges officers took too long to respond to the scene of her car accident. 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 #: 2021-0132 April 20, 2021 Complaint: Complainant, , alleges officers took too long to respond to the scene of her car accident. 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): 301.2 IMPARTIAL ATTITUDE AND COURTESY Employees shall provide equal and fair protection of all rights under local, state, and federal law for all members of the community. Law enforcement will be conducted in an impartial and equitable manner 303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED This section is not intended to describe every possible situation where the system may be used. In some circumstances it may not be possible to capture images of an incident due to conditions or location of the camera, however the audio portion can be valuable evidence and is subject to the same activation requirements. The BWC should only be activated for law enforcement purposes 346.1 CRASH INVESTIGATION AND REPORTING - PURPOSE AND SCOPE The public safety responsibilities of law enforcement include responding to crashes in order to provide aid and assistance, document the incident, and identify possible criminal activity. Therefore, officers shall be dispatched to all reported crashes except as noted. 346.3 CRASH INVESTIGATION During crash investigations, officers should: (a) Identify and interview drivers and occupants. (b) Identify and interview any witnesses. 1. Request all witnesses remain at the scene to speak with the Vehicular Homicide Unit, if applicable. (c) Provide the drivers involved with a Driver / Insurance Information Form (PD0023 / "Brown Form") to exchange information. Officers will ensure the forms are completely filled out with the correct information before the drivers exchange the forms. (d) Determine if any traffic violation(s) or crime(s) have occurred and take appropriate enforcement action. (e) Identify and protect items of apparent evidentiary value. 1. Ensure property belonging to a crash victim is protected from theft or damage and removed to a place of safekeeping. Protection of the property may consist of securing the property in a vehicle, releasing it to a third party, or turning it into the property room for safekeeping. (f) Notify the dispatcher of any damage to the roadway, signs, or utilities (g) Document the incident as necessary (e.g., insurance information, statements, measurements, photographs, collection of evidence and reporting) on appropriate report forms. 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 a B classification.
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