The complainant alleges that an Austin police officer was unprofessional and unwilling to perform basic job duties while responding to a call to issue a criminal trespass warning. 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 #: 2021-0953
September 21, 2021
Complaint: Complainant alleges: Contacted police to issue criminal trespass warning to a vagrant
who had barricaded himself inside property laundry room. Prior to contacting the police, I
attempted numerous times to wake up the subject, however he refused to come to the door When
the police arrived on property, White female officer, was not able to get identified, asked what was
going on. I informed her of my findings and her first question was is the door locked. I told her
that it was, and she responded by saying we cannot breach the door and there’s nothing we can do
I told her that I did not want the door breached, however I would like you guys to at least make an
attempt to make contact with the subject. She told me to drop my attitude and she would see what
she can do At no time did I have a attitude with her, or her white male partner They were able to
wipe the subject up, who came to the door, and was asked to leave property by the police. I asked
if I was allowed to issue a criminal trespass warning, and the female officer mumbled something
under her breath One asked what was the matter, the male officer took over and allowed me to
issue criminal trespass warning to the subject. After receiving a case number, the officers left with
not identifying who they were
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):
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. Employees will perform all duties objectively and without regard to personal
feelings, animosities, friendships, financial status, occupation or employment status, sex, disability
status, housing status, mental health or ability, citizenship, language, national origin, creed, color,
race, religion, age, political beliefs, sexual orientation, gender identity, gender expression,
ethnicity, or social or ethnic background. Employees will endeavor to understand and respect
cultural, national, racial, religious, physical, mental, and other differences.
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.