May 17, 2021

Formal complaint: Insubordination and other policy violations

Complainant alleges he was attacked by two individuals and called APD, but the officers did not take action and reported the incident incorrectly. The Office of Police Oversight recommends that this allegation receives a B classifcation.

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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 #: 2021-0473 May 17, 2021 Complaint: The complainant alleges he called the cops for an incident where he was attacked by two people. When the officers got to his location, they didn't do anything to those who he identified as his attackers and also reported the incident wrong in the APD system. Complainant further alleges he told officers that he wanted to press charges on the attackers and they still did nothing to help him even though one of the attackers was on bond for another incident and was still allowed to leave with nothing being done. Complainant alleges he was treated unfairly and provided no help in an instance where he called for help 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): 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. 301.1 RESPONSIBILITY TO COMMUNITY - 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. 402.1 INCIDENT REPORTING AND DOCUMENTATION - PURPOSE AND SCOPE Documentation is a major part of each officer's job. Reports, including CR-3s, may be used to document information to assist investigators in follow-up investigations. Field release citations, warnings, field observation (FO) cards and electronic street checks are used to document law enforcement actions and/or contacts with the public. Sufficient information should be included in any form of documentation to: (a) Assist in prosecution. (b) Refresh an officer's memory during testimony. (c) Comply with legal requirements and Department General Orders. 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. 402.2 INCIDENT REPORTING A well-written report can help make a case just as easily as a poorly written report can ruin a case. Employees have the responsibility to write clear, factual, and complete reports. 418.2 FAMILY VIOLENCE - ENFORCEMENT GUIDELINES 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. 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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