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
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):
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.