October 27, 2021

Formal complaint: Impartial attitude and courtesy and other policy violations

Complainant alleges that, after a hostile interaction with her ex-husband, the police were called to the scene. Complainant alleges that two Austin police officers did not believe the complainant's story nor check on the safety of her son. The 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 #: 2021-1009 October 27, 2021 Complaint: The complainant alleges: I was delivering medication for my child at the (proven and provided) request of my ex husband. He immediately came to the door, shaking and yelling at me. He grabbed my hand , before taking the medication in anger. My son s(standing at the door) said he was scared, and before he could slam the door, I placed my foot at the corner to ensure my son was safe. He not only slammed the door on my foot, but then called police to claim "trespassing." This aggression response is frequent and he has a history of family violence. The police came, and not only did that not listen to my story, or review the evidence of the request, they failed to check on the welfare of my child (also confirmed by said child, ) even though officer said he did check on him and he was "fine. He also mentioned "it''s good for little boys to be scared of their dads." THIS WAS so alarming, and further evidenced the confirmed aggression we all witnessed. I was then given a criminal trespassing notice, with zero regard to the safety of my child, or my obvious injury. I will add that one officer, was amazing and communicative and I think she wanted to help me but her two neglectful officer partners wouldn''t let her. 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): 301.1 PURPOSE AND SCOPE All persons deserve protection by fair and impartial law enforcement and should be able to expect similar police response to their behavior wherever it occurs. Employees will serve the public through direction, counseling, assistance, and protection of life and property. Employees will be held accountable for the manner in which they exercise the authority of their office or position. Employees will respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. 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. 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. In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees shall act professionally, treat all persons fairly and equally, and strive to interact with the community in a positive 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. 401.2 INITIAL RESPONSE AND INVESTIGATION (a) Officers responding to an incident shall ensure that all persons are safe and anyone in need of medical attention receives assistance. 402.1.1 GENERAL GUIDELINES Officers will not write an offense report when they are the victim of a crime. The victim officer will write a supplement. The offense report will be written by an officer who is not a victim. An incident number will be assigned and all required fields completed during documentation anytime an employee observes or receives any information concerning the following, but not limited to: If in doubt as to whether an incident should be documented, employees shall confer with a supervisor. For the purpose of this order, Corporals may function as the designated supervisor. 402.2.4 REPORT WRITING (a) All reports shall accurately reflect: (b) Employees shall not suppress, conceal or distort the facts of any reported incident, nor shall any employee make a false report orally or in writing. (c) Generally, the reporting employee's opinions should not be included in reports unless specifically identified as such. 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. 900.3.1 HONESTY Honesty is of the utmost importance in the police profession. Employees are expected to be truthful at all times in the performance of their duties. 900.4.3 NEGLECT OF DUTY Employees will satisfactorily perform their duties. Examples of unsatisfactory performance include, but are not limited to: (c) Failure to take appropriate action on the occasion of a crime, disorder, investigation or other condition deserving police attention. 900.5 RESPONSIBILITY TO COWORKERS Cooperation among employees of the Department is essential to effective law enforcement. (a) Employees are expected to treat each other with respect. 900.5.1 SUPPORTING FELLOW EMPLOYEES (c) Employees will not publicly criticize the work or the manner of performance of duty of any other employee. 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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