April 30, 2021

Formal complaint: Responsibility to the community and other policy violations

Complainant alleges that after she and her father moved his motorcycle to the side of the road when it gave out, an officer showed up and told them it would be OK there while they got their trailer to tow it, but that when they returned the bike was gone and had been impounded. The Office of Police Oversight recommends that this allegation receive a B classification.

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NOTICE OF FORMAL COMPLAINT ICMS #: 2021-0284 April 30, 2021 Complaint: Complainant alleges she was with her father when his motorcycle gave out on the road, they moved the motorcycle to the side of the road with 8 feet between the ongoing traffic and the bike. A police officer showed up and they asked if they needed to move it to a gas station while they went to pick up their trailer from to get the bike. The officer stated it would be okay there, they left the bike at , and when they came back the bike was nowhere around. They called the pound and said they received a call at for a pick-up of it. The cop had called meanwhile telling them to it was okay. They don't think that is okay, they don't have the money to pay for it. They said the officer was very distrusting and they feel betrayed. 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 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. 303.3 DEPARTMENT ISSUED BODY WORN CAMERA BWC equipment is to be used primarily by uniformed personnel as authorized per assignment by the Department and must be used unless otherwise authorized by a Commander or above. 402.1.1 GENERAL GUIDELINES The offense report will be written by an officer who is not a victim. An incident number will be assigned and all required fields completed during documentation anytime an employee observes or receives any information concerning the following, but not limited to: (c) Self-initiated stops 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 B classification. 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.

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