July 29, 2020

Formal Complaint: Insubordination, responsibility to know and comply

Complainant alleges that she saw an APD officer not wearing a face mask properly. The OPO declines to make a recommendation.

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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 #: 2020-1247 July 29, 2020 Complaint: submitted an online complaint to the Office of Police Oversight (OPO) alleging the following: “On I walked into the on . in the hour and there was a uniformed APD officer by the entrance as there usually is (not sure if on duty or not) who was not wearing their face mask properly. The mask was resting on his chin, not covering the mouth or nose. I was unable to get a name or badge number as I didn’t want to cause an incident since I was at the working as a runner.” 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): 110.4.4 INSUBORDINATION Employees will not be insubordinate. The willful disobedience of, or deliberate refusal to obey any lawful order of a supervisor is insubordination. Defying the authority of any supervisor by obvious disrespect, arrogant or disrespectful conduct, ridicule, or challenge to orders issued is considered insubordination whether done in or out of the supervisor’s presence. 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. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO declines to make a recommendation.
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