January 30, 2020

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

Complainant alleges an officer allowed the complainant's sister to break the complainant's window. 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 #: 2020-0013 January 30, 2020 Complaint: Complainant, , filed a complaint online alleging the following: “The officer who responded to a call at on chaperoned my sister as she took a hammer to my rear window and broke it out. She was concerned she hasn’t heard from me, I missed her calls because I was asleep. Why would a police officer allow someone to break a window that isn’t their own? According to my neighbor he instructed her to just not break the front window. He instructed her to do it in the back and he wouldn’t stop her. He basically gave her permission to destroy my property.” This notice of formal complaint is a request for Internal Affairs to conduct 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—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 position. Employees will respect the rights of individuals and perform their services with honesty, sincerity, courage, and sound judgment. 900.4.1 DISCRETION AND REQUIREMENT TO TAKE ACTION Sworn employees are charged with the responsibility to enforce the law, preserve the peace, and to protect lives and property. 900.1 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. 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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