May 17, 2021

Formal complaint: Impartial attitude and courtesy and when department issued BWC system use is required

Complainant alleges that Austin police officers did not properly fulfill their duties to document and report an alleged criminal trespass. Complainant also alleges that Austin police officers displayed prejudice towards him. The Office of Police Oversight recommends this allegation recieve 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 #: 2021-0441 May 17, 2021 Complaint: Complainant alleges while he and his wife were talking to Officer , Officer badge came up and cut off the officer and said, "We’re done here we need to leave" without giving Complainant any proper explanation. Both officers went to sit in their cars. Complainant says whatever APD knows about him from the past should not affect how they treat him when he calls them and APD should not hold a grudge against him. requested a supervisor and spoke to one. Mr. complaint to the supervisor was that APD doesn't want to do their job, they don't want to do the paperwork of filing a criminal trespass. 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. (1) Employees assigned to the units below are required to power on the device at the beginning of their tour of duty and not power the device off until the end of that tour of duty. (a) Patrol. 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. (b) Employees will be tactful in the performance of their duties, control their tempers, exercise patience and discretion, and shall not engage in argumentative discussions even in the face of extreme provocation. (c) Employees will treat all persons with dignity, will be courteous and respectful toward all persons, showing consideration for the welfare of all persons with whom they interact. 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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