March 7, 2020

Formal complaint: Purpose and scope—Responsibility to the community and other policy violations

Complainant alleges that officers may have violated policy during an interaction they had with her 20 year old son and his friend. She states that the officers stopped them without cause, refused to give badge numbers or names, and failed to create a report. The complainant further alleges that the interaction was racially motivated. The OPO recommends that this allegation receives an A 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 #: 2020-0125 March 7, 2020 Complaint: Ms. , complainant, alleges that Austin Police Department (APD) officers may have violated APD policy during an interaction they had with her 20 year-old son and his friend. She states that the encounter was “racially motivated,” that officers refused to give a reason for the stop, refused to give their names and badge numbers, and that no report was created. 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. (a) Employees will not express or otherwise manifest any prejudice concerning race, religion, national origin, age, political affiliation, sex, or other personal characteristics in the performance of their duties. 303.3.1 WHEN DEPARTMENT ISSUED BWC SYSTEM USE IS REQUIRED This section is not intended to describe every possible situation where the system may be used. In some circumstances it may not be possible to capture images of an incident due to conditions or location of the camera, however the audio portion can be valuable evidence and is subject to the same activation requirements. The BWC should only be activated for law enforcement purposes. 318.2 GENERAL POLICY (b) Officers will explain the reason for the contact and the purpose of anticipated police action, when practicable. 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 318.4 CONSENSUAL ENCOUNTERS Officers are encouraged to initiate interviews with people of the community in order to gain a thorough knowledge and become an integral part of the community. (b) An interview should be conversational and not confrontational. 328.3 MEMBER RESPONSIBILITIES Every member of this Department shall perform his/her duties in a fair and objective manner and is responsible for promptly reporting any known instances of racial or bias-based profiling to a supervisor. 328.3.1 REASON FOR DETENTION Officers detaining a person shall be prepared to articulate sufficient reason for a lawful detention, independent of the individual’s membership in a protected class. To the extent that written documentation would otherwise be completed (e.g., arrest report, field observation (FO) card), the involved officer should include those facts giving rise to the authority for the detention, as applicable. Nothing in this order shall require any officer to document a contact that would not otherwise require reporting. 328.3.2 REQUIRED DOCUMENTATION Every member of the Department is required to document and report to the Department any detention, frisk, search, nonconsensual stop and/or arrest of a person. 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. 900.4.4 DUTY TO IDENTIFY (a) Unless doing so would jeopardize an undercover officer or a covert operation, employees will furnish the name and identification number of any employee, including themselves, to any person requesting such information regarding matters in which the employee was acting in an official capacity. Names of employees will be given in sufficient form to fully identify the employee. Recommended Classification: The OPO is permitted to make a preliminary recommendation on the classification of administrative cases. The OPO recommends that this allegation receive an A classification.
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