November 29, 2021

Formal complaint: Purpose and scope and other policy violations

Complainant alleges they were improperly stopped, searched, and arrested by multiple Austin police officers. 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. ICMS #: 2021-1082 November 29, 2021 Complaint: The complainant alleges: “The officer ( EMP: pulled me over for a speeding violation, which he was completely right to do so. I was violating the speed limit by over 15 mph. What wasn’t okay was how he was belittling me over the car’s intercom as I was pulling into the shoulder. The officer was attempting to instruct me to pull over to the shoulder, but as he was doing so he was yelling “That was AWFUL, are you serious??” over the intercom for all the other patrons of the road to hear. When I turned my hazards on and parked my vehicle, I could see him shaking his head and mumbling to himself. When he approached my vehicle he continued to be completely unprofessional. At this point I was crying because this was my first time receiving a ticket, and the man that was supposed to be a symbol for safety pulling me over was aggressively yelling at me. I understand that what I did was wrong, and I should be held accountable for it, but I do not understand why this officer decided to take his bad day out on me. One thing he said to me that stuck was “If you’re going to cry and panic like this, you shouldn’t be driving.” The reason why I was crying and shaking is because I was scared of the officer and his escalating attitude, not because I can’t drive. The reason I’m submitting this is because I feel as though the situation was not handled in a professional way. I felt very afraid of that officer, and I shouldn’t have felt that way. I should feel protected by our local law enforcement, not berated.” This notice of formal complaint is a request for Internal Affairs to initiate an investigation 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 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 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. 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 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. 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.
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