July 17, 2020

Formal Complaint: Purpose and scope- responsibility to the community and other policy violations

OPO has identified additional possible policy violations relating to another complaint after gaining access to pertinent BWC related to the same incident. The OPO recommends that this allegation receive a 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 #: 2020-1164 July 17, 2020 Complaint: This complaint originated from ICMS #2020-0334. Initially, the Office of Police Oversight was not given access to all of the pertinent BWC related to this incident. After receiving the requested information, the OPO has identified additional possible policy violations. 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): 301.1 PURPOSE AND SCOPE – RESPONSIBILITY TO THE COMMUNITY 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. 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. 900.1.1 RESPONSIBILITY TO KNOW AND COMPLY The rules of conduct set forth in this order do not serve as an all-inclusive list of requirements, limitations, or prohibitions on employee conduct and activities; employees are required to know and comply with all Department policies, procedures, and written directives. 900.3.2 ACTS BRINGING DISCREDIT UPON THE DEPARTMENT Since the conduct of personnel both on-duty or off-duty may reflect directly upon the Department, employees must conduct themselves at all times in a manner which does not bring reproach, discredit, or embarrassment to the Department or to the City. 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. 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 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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