March 29, 2021

Formal complaint: Insubordination and other policy violations

Complainant alleges that after a complaint they filed a complaint about an officer resulted in disciplinary action, they have been harassed online by members of a private Facebook group to which the officer belongs, which may be a result of his sharing things about them in the private group. The Office of Police Oversight 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 #: 2021-0314 March 29, 2021 Complaint: Complainant, emailed the OPO alleging the following: “There have been some incidents that may have occurred in retaliation from this disciplinary action. I am being harassed online by the members of the private Facebook group where first posted his video and then later, informed the group that I had filed a complaint against him with APD. The members of this private Facebook group are parents in the school district where I work. They are threatening me online that they are going to divulge personal information about me online - information that may have been tipped off to them by . His actions have caused members of his Facebook group to spread falsehoods about me and even accuse me of something I'm not part of. They have consistently brought up my name since video and have now started a narrative that I "hate cops" and that I'm "leftist". I'd like this investigation to be re-opened in light of these new incidents.” 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. 900.2.2 RETALIATION PROHIBITED Employees will not, in any way, cause or conspire to cause retaliatory action against any individual who has been involved in any such investigation or subsequent proceeding as a defendant, complainant, witness, victim, investigator, or any other capacity. While the Department wishes to avoid reassigning an employee while a complaint or grievance is being investigated, this order does not prohibit the Department from doing so, including the complainant/victim, while the complaint or grievance is under investigation should an assistant chief determine that a reassignment is in the best interest of the Department and/or the employee. 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 900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department, employees must conduct themselves at all times in a manner which does not bring reproach, discredit, or embarrassment to the Department or to the City. 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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