November 12, 2020

Formal complaint: Insubordination, Impartial attitude and courtesy, Personal conduct

Complainant alleges that Austin police officers failed to properly investigate a domestic violence incident, resulting in the victim of the attack being arrested. Further, complainant alleges that officers treated the victim differently due to their sexual orientation and did not capture evidence of their injuries. 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 #: 2020-1610 November 12, 2020 Complaint: The Office of Police Oversight received a complaint alleging the following: Complainant alleges he was with a friend late Monday/early Tuesday and his friend was attacked by her adult children. Complainant called APD to assist and APD responded to the home and ending up arresting the complainant’s friend instead of the adult children. Complainant stated he feels APD treated him differently due to his sexual orientation. Complainant states his friend was choked and assaulted and APD decided to believe the aggressors. Complainant also alleges his friend had to go to the hospital for her injuries and that APD did not bother to take pictures or document her injury. 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. 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. 900.3.4 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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