February 26, 2020

Formal complaint: Responsibility to the community—Purpose and scope and responsibility to know and comply

Complainant alleges officers pulled over the complainant unnecessarily. 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 #: 2020-0095 February 26, 2020 Complaint: , complainant, submitted the following online complaint to the Office of Police Oversight: “I was pulled over on @ approximately . I was told to roll down all windows. Throw the keys out the window and put my arm out of the window and open the door. My driver side window is broken so I could not follow that command. I was afraid that I would be shot for non-compliance. I opened the door and got out and was told to walk backwards toward his voice. I saw guns were drawn. I was searched and handcuffed. I noticed multiple police vehicles. I was asked, where was I going. Where was I coming from. I was put in the back of a squad car. I was told that there had been a call about shots fired and that they were looking for a Gold SUV. I drive a Gold Mercedes Wagon which IS NOT an SUV.” 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. 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. 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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