January 9, 2020

Formal complaint: Impartial attitude and courtesy and other policy violations

Complainant alleges that APD officers may have violated policy when officers reportedly denied her request for a mental health officer. The OPO recommends that this allegation receive an A 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 #: 2019-1369 January 9, 2020 Complaint: Ms. , complainant, alleges that Austin Police Department officers may have violated APD policy when (1) officers reportedly said that they were “denying [her] request” for a mental health officer to be called to the scene of an incident; (2) an officer reportedly started “aggressively yelling at [her] and turning into [her]” while at the scene; and (3) she interacted with the supervisor who was called to the scene, including when he reportedly told her that “[i]f the officer decides not to [call a mental health officer] it's their choice.” 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 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. 445.2 INCIDENTS REQUIRING A CIT OFFICER (c) The following incidents also require the response of a CIT officer: 2. Any request from a member of the community for a CIT officer. 900.1 PURPOSE AND SCOPE It is the policy of the Austin Police Department that employees conduct themselves at all times in a manner that reflects the ethical standards consistent with APD written directives. This order shall apply to all sworn and civilian members, including volunteer, part-time, auxiliary, and nonpaid civilians affiliated with the Department through a Department-sponsored program while under the direction of a Department employee. This order is intended to guide employees in conducting themselves and their affairs, both on- duty and off-duty, in a manner that reflects the professionalism required of Department personnel. Furthermore, this order is intended for internal use only and shall not be construed to increase or establish an employee's civil or criminal liability, nor shall it be construed to create or establish a higher standard of safety or care. 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. 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 an A classification.
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