June 1, 2021

Formal complaint: Insubordination and other policy violations

Complainant alleges Austin police officers entered their home without warning or explanation. 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 #: 2021-0419 June 1, 2021 Complaint: The Office of Police Oversight received an online complaint alleging the following: “6-8 APD officers arrived at my house at this morning. I'm not sure whether they had the wrong person, house, or there was a misunderstanding. They banged on my door and windows with guns drawn. My understanding is that someone had filed a report claiming they heard gunshots and understandably they were at full alert. Because of the early hour I was neither fully awake or dressed. When I asked through the door if they would allow me to get dressed, one of the officers banged on my window with so much force that he and I are lucky it did not break. After I dressed, I went outside and answered one of the officers questions. I believe his ID badge said . I informed him that I had no idea what event he was referring to, explained where each member of my household was, and attempted to alleviate their concerns. I do not feel I was listened to & they tried to justify their lack of recognition of my answers with the "we are the good guys" mantra & we are here to help you. After I asked them not to enter my home, they did so with out any explanation. I asked if only one or two officers entered instead of everyone - every officer entered my home. At one point, one of the officers asked attempted to instigate, bate, and/or gaslight by observing as if interrogating "you look scared." As if APD officers arriving at my home with guns drawn wouldn't be alarming. Lastly, during our 5-10 minute interaction, there was a period where 5-6 officers were in my home without wearing a mask. They did have masks and were wearing them when they arrived but at some point decided that they weren't necessary and could be removed. 2-3 of the officers were wearing neck gators which have been proven to be less effective or not effective at all against the spread of COVID-19. I acknowledge they have a job to do & protocols to follow but when I told them that this felt like a swatting event, they acted like they did not know what I was referring to. Swatting is a false report to police - my understanding is that they typically report active shooters and/or firearm discharge. I am more than happy to provide my address when someone contacts me so this incident can be reviewed. To review, the lack of adaptive policing when these officers were given information on scene, the violent nature of their actions when I was being responsive to their requests when they arrived on scene, the arrogant attitude/culture which was displayed by attempting to justify their actions by claiming and/or inferring they were heroes or the good guys or just trying to help, and the attempt to provoke a negative response (as an aside, that's self-validating - if police view the public as against them and then attempt to instigate a conflict then of course I and others in my shoes are going to feel like the interaction was negative/fearful/scary/intimidating). On top of all that, we are still in a pandemic and it is 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. my opinion that these officers, at some point, decided they could endanger my life by removing their masks while in my home, needlessly. Please contact me within the next 24 hours.” 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 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. 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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