October 5, 2020

Formal complaint: Impartial Attitude and Courtesy, Responsibility to Know and Comply, Personal Conduct

Complainant alleges that Austin police officers entered their home without permission during a welfare check and violated their rights. The Office of Police Oversight recommends that this allegation receive an 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 #: 2020-1391 October 5, 2020 Complaint: The Office of Police Oversight received a complaint from stating as follows: “Police knocked on my door for a “welfare check” at when I was sleeping. 2 officers responded. I refused entry without a warrant and tried to make my way back into my residence. Office #2 put his hands on me to refuse entry. At that time I asked for a supervisor. Supervisor was called. Officer #1 was persistent and I let him know if I let him inside my rights would be violated. He insisted on coming inside and entered without my permission and said he wasn’t violating any rights. No suspicion of a crime committed and no evidence found against me on unlawful entry. is my apartment complex. I plan to follow up with legal representation.” 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. 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. 900.3.4 PERSONAL CONDUCT (c) While on-duty or on the premises of City facilities, employees will not: 1. Use loud, indecent, profane, harsh, derogatory language, or use belittling term in any communications. 2. Ridicule, mock, taunt, embarrass, humiliate, or shame any person, nor do anything that might incite that person to violence. 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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