February 26, 2020

Formal complaint: Impartial attitude and courtesy and other policy violations

Complainant alleges that when officers were called to the scene when the complainant evicted a tenant for drug use and harassment, they laughed both at the syringes in the yard and the complainant. The OPO 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 #: 2020-0088 February 26, 2020 Complaint: The OPO received the following anonymous complaint. The complainant had evicted a tenant for drug use and harassment. The complainant alleges that when officers were called to the scene they laughed both at the syringes in the yard and the complainant. The complainant is widowed and legally blind. 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. 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. 418.2 ENFORCEMENT GUIDELINES – FAMILY VIOLENCE The primary duties of an officer who investigates a family violence allegation, or who responds to a disturbance call that may involve family violence, are to protect any potential victim of family violence and enforce the law by making lawful arrests of violators. Officers making an arrest for any incident involving family violence shall direct file all charges as outlined in General Order 323 (Booking and Arrest Review), unless directed otherwise by the appropriate investigator. 900.3.4 PERSONAL CONDUCT (c) While on-duty or on the premises of City facilities, employees will not: 2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do anything that might incite that person to violence. 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 a B classification.
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