Complainant alleges Austin police officers failed to de-escalate a situation involving an unsatisfied customer and treated the complainant poorly. 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.
301.2 IMPARTIAL ATTITUDE AND COURTESY
Employees shall provide equal and fair protection of all rights under local, state, and federal law
for all members of the community. Law enforcement will be conducted in an impartial and
equitable manner.
In an effort to create an organizational culture that is inclusive and nondiscriminatory, employees
shall act professionally, treat all persons fairly and equally, and strive to interact with the
community in a positive manner. Employees will perform all duties objectively and without
regard to personal feelings, animosities, friendships, financial status, occupation or employment
status, sex, disability status, housing status, mental health or ability, citizenship, language,
national origin, creed, color, race, religion, age, political beliefs, sexual orientation, gender
identity, gender expression, ethnicity, or social or ethnic background. Employees will endeavor
to understand and respect cultural, national, racial, religious, physical, mental, and other
differences.
404.2 POLICY
The Austin Police Department recognizes that a law enforcement presence at a civil dispute can
play an important role in the peace and safety of the community. Subject to available resources,
officers of this department will assist at the scene of civil disputes with the primary goal of
safeguarding persons and property, preventing criminal activity and maintaining the peace.
When handling civil disputes, officers will remain impartial, maintain a calm presence, give
consideration to all sides and refrain from giving legal or inappropriate advice.
437.3.1 CRIMINAL TRESPASS NOTICE
When an officer witnesses a subject being given a trespass notice by an owner/agent, the officer
shall document the incident by either writing a "Criminal Trespass Notice" incident report (title
code 2730) or complete a Criminal Trespass Notice Incident Form (PD0040 or PD0040E). A
subject does not need to be on the property at the time the notice is given in order for the notice
to be valid. If the notice is to be temporary and the suspect leaves when told to do so by the
owner/agent, the officer will title the report "Assist Complainant" and document that the notice
was temporary and should not be considered a permanent (e.g., up to one year) notice.
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.