La Oficina de Fiscalización de la Policía presentó una objeción a los cambios recientes en las Órdenes Generales 902 del Departamento de Policía de Austin. Estas órdenes generales están relacionadas con el manejo de investigaciones administrativas. OPO sostiene que las revisiones socavan su capacidad de fiscalizar y proveer transparencia al público.
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OFFICE OF THE POLICE OVERSIGHT
P.O. BOX 1088, AUSTIN, TEXAS 78767
WEBSITE: ATXPOLICEOVERSIGHT.ORG
EMAIL: POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
March 13, 2020
Brian Manley, Chief of Police
Austin Police Department
715 E 8th St.
Austin, Texas 78701
Dear Chief Manley,
Please consider this letter a formal objection from the Office of Police Oversight (OPO) to the
recent changes made to the Austin Police Department General Orders 902 – Administrative
Investigations (GO 902). These changes are detrimental to the investigative process and are
essentially inconsistent with both the letter and spirit of both the Meet and Confer Agreement and
City Manager Spencer Cronk’s Memorandum issued November 2, 2018 (Memo). The revisions to
GO 902 undermine the OPO's ability to provide oversight of administrative investigations and
transparency to the public. Included herein are recommendations that I expect will lead us to
expeditiously and effectively arrive at an appropriate solution.
BACKGROUND
General Order 902
GO 902 governs how APD handles administrative investigations of officer misconduct. The OPO
monitors these investigations to ensure investigations are conducted in accordance with the Meet
and Confer Agreement and the City Manager’s Memo. In addition to this monitoring function, the
OPO may also advise on APD policy and procedure to ensure alignment with the Meet and Confer
Agreement and the Memo.
On January 21, 2020, the OPO received formal notification that APD was considering changes to
GO 902. APD requested that the OPO respond within 24 hours with feedback regarding the
proposed changes. The OPO advised that 24 hours was not sufficient time to consider or respond
to the proposed policy changes. However, the OPO prioritized this request from APD and
convened; concerns and recommendations from the OPO were sent to APD on January 24, 2020.
Based on communications I received directly from APD executive staff, it was my understanding
that the changes being considered for GO 902 were still being discussed between the OPO and
APD. In actuality, APD completely disregarded OPO feedback and the objectionable revisions
were made to the General Orders on February 6, 2020. The OPO strongly objects to this practice.
Joint Standard Operating Procedures
Under my leadership, the OPO has consistently demonstrated a commitment to collaboration in
the name of greater transparency to benefit the public, the Police Department, and the City of
OFFICE OF THE POLICE OVERSIGHT
P.O. BOX 1088, AUSTIN, TEXAS 78767
WEBSITE: ATXPOLICEOVERSIGHT.ORG
EMAIL: POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
Austin. In service of this goal, the OPO has been in discussions with APD since June 18, 2019
regarding the development of Joint Standard Operating Procedures (SOP) between Internal Affairs
and the OPO. The Joint SOP was created in good faith and collaboration in order to provide
consistency for both departments to effectively serve the public. In addition, this document was
intended to halt the obstructionist tendencies of the Internal Affairs (IA). This Joint SOP has yet
to be signed by APD—a step that is required for implementation.
Rather than signing a document that would help facilitate a cohesive and respectful working
relationship between IA and the OPO, APD instead chose to leave this document unsigned,
continued to allow investigators in IA to obstruct oversight staff, and, most importantly, made
unnecessary and harmful revisions to GO 902. The OPO has numerous concerns regarding the
unilateral changes that APD made to GO 902, the manner in which they were changed, the method
through which the OPO was informed, and certainly the fact that the OPO was ostensibly consulted
and then summarily ignored.
Issue #1: Lack of Alignment
Paramount among OPO’s numerous concerns is the contradictory direction of APD’s revised GO
902 when compared to the City Manager’s Memo. The OPO strongly urges APD to reevaluate
what appear to be new obstacles designed to trivialize substantive complaints and disguise them
under newly created categories that APD has created against OPO’s recommendation. The OPO
contends that this is a clear contradiction to several sections of the City Manager’s Memo that
delineate the OPO Director’s roles and responsibilities. For example, the City Manager’s Memo
requires that the OPO prioritize transparency in sharing information with the public. These
obstacles will limit the OPO’s ability to share information with the public and contradict previous
communications made to the public, thereby reducing the level of transparency.
Issue #2: Administrative Investigation Classifications
There were duplicative and damaging additions made to the GO 902 policy without proper
consideration given to the OPO’s feedback, community needs, or the explicit directives of the City
Manager’s Memo. For example, the officer final classification agreement (OFCA) process allows
for consideration of “minor policy violations” and the handling of such identified internal and
external complaints. With APD’s revisions to GO 902, there is now the OFCA option as well as
the option to identify complaints as “information incidents”. This new category is completely
unnecessary. Furthermore, the OPO contends that this new category is detrimental to the
established process and attempts to minimize complaints from the public. The OPO recommends
that “minor policy violations” continue to be handled through the OFCA process already outlined
in APD policy.
Issue #3: Changes Impacting External Complainants
Complaints that are received and processed through the OPO fall into the following three
categories: Formals, Supervisor Referrals, and Citizen Concerns. This three-tier categorization
allows OPO to easily communicate complaints and findings to the City Manager’s Office, City
OFFICE OF THE POLICE OVERSIGHT
P.O. BOX 1088, AUSTIN, TEXAS 78767
WEBSITE: ATXPOLICEOVERSIGHT.ORG
EMAIL: POLICEOVERSIGHT@AUSTINTEXAS.GOV
PHONE: 512.974.9090 | TTY: 711 | FAX: 512.974.6306
Council, APD, and all other external and internal stakeholders. Now, as a direct result of APD’s
changes to GO 902
•
Citizen Concerns are now identified and recorded as “External Information;”
•
Supervisor Referrals are now identified and recorded under a “Citizen Concern” category;
•
A new category called “Minor Policy Violations” are categorized as Supervisor Referrals;
and
•
Formal complaints will now only consist of complaints receiving an A or B classification
(versus A, B, C or D).
The OPO asserts that this unnecessary change and filtering of complaint data will mislead the
public and continue to feed a false narrative that complaints filed with the OPO against APD are
not rigorously assessed. More importantly, it will leave complainants without any meaningful
resolution or sense of procedural justice. Due to the unnecessary restructuring and categorization
of complaints, the OPO strongly urges APD to reverse course and adhere to the three historical
categories: Formals, Supervisor Referrals, and Citizen Concerns. Restructuring complaints will
negatively impact what the OPO can communicate to complainants and to the general public.
OPO Recommendations:
1. Provide the OPO with appropriate time to respond to proposed policy changes.
2. Reverse APD GO 902 changes made to administrative classifications.
3. Revise APD GO 902 to closer align with the City Manager’s November 2, 2018 memo.
4. Adopt the attached revised Joint SOP that better serves all stakeholders.
At this time, I am formally requesting a meeting between the OPO, the City Manager’s Office, and
APD command staff in order to resolve the issues outlined above.
Sincerely,
Farah C. Muscadin
Director
JOINT STANDARD OPERATING PROCEDURE
OFFICE OF POLICE OVERSIGHT & AUSTIN POLICE DEPARTMENT
PURPOSE
This Standard Operating Procedure (SOP) defines standards and expectations for The Office of
Police Oversight (OPO) and the Austin Police Department. All OPO staff members and Internal
Affairs (IA) staff, specifically complaint specialists and sergeants are expected to adhere to the
professional standards described herein as it relates specifically to the complaint process.
PREEMPTION
This document will supersede any section of the APD General Orders as well as any internal
document or practice of either the OPO or IA that is found to be in conflict with this SOP.
ROLES AND RESPONSIBILITES
OPO Director
The OPO Director retains full authority of establishing SOP in accordance with City Council
Ordinance No. 20181115-016 which grants the OPO Director full authority to supervise and direct
all operations of the OPO.
IA Commander
The IA Commander is responsible for planning, supervising and coordinating the activities of the
Internal Affairs Division in accordance to APD General Orders and this SOP.
IA Investigators, Supervisors, and Staff
All IA investigators, supervisors, and staff are required to acknowledge and abide by the
professional standards described in this SOP.
OPO Staff
All OPO staff are required to acknowledge and abide by the professional standards described in
this SOP.
AMENDMENTS TO THIS SOP
Proposed amendments to this SOP must be made in writing to the OPO Director and IA
Commander or their designees. Final approval of any amendment may occur only with the
agreement of the OPO Director and IA Commander or their designees. Any proposed amendments
shall be made in good faith. Any discussions regarding proposed amendments shall occur in good
faith.
ORIENTATION
An orientation of OPO and IA procedures shall be held upon the new staff joining the OPO
department and IA division.
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WHAT HAPPENS ONCE OPO RECIEVES A COMPLAINT?
OPO initiates Preliminary Review – OPO identifies potential policy violation
OPO review includes:
o Items provided by complainant. May include videos, pictures, any additional
information and phone conversations. The OPO does not gather evidence. The
OPO does seek clarification from a complainant in an effort to understand the full
scope of the complaint.
o Items from IAD
Evidence.com, DMAV, BWC, Versadex report, Visinet report, CAD
report, 911 call
OPO sends request to IA in writing
IA to send requested information to OPO within 3 business days if officer
is known, within 5 business days if officer is not known. If additional
evidence or documentation is discovered or located after IA responds to
and fulfills the initial request, the newly discovered or located evidence
must be shared with the OPO within 24 hours of its discovery.
OPO review for APD potential policy violations in addition to any the complainant
identifies. The potential policy violations are not limited to what is identified by the CS
during the preliminary review.
The OPO strives to complete preliminary reviews within 14 business days of receiving
materials from IA.
At the conclusion of Preliminary Review the OPO will staff the case with OPO director
designee.
After a Preliminary Review has been conducted a complaint will proceed as follow:
Option 1: No potential policy violation was found.
OPO Contacts complainant and documents in ICMS
Complaint will be closed
If complainant has specific questions OPO cannot answer, an SR will be created to give
APD opportunity to address
Option 2: Possible policy violation.
Complaint is forwarded to IA as a “Citizen Concern” or “Supervisory Referral”
OPO CS will upload all information in the shared link for IA access
Option 3: Possible policy violation.
OPO Director will forward Notice of Formal Complaint (Notice) to IA Commander
OPO CS will upload all information in the shared link for IA access
IA Commander or designee shall notify the OPO Director of receipt of the Notice within
one business day.
The Notice of Formal Complaint notifies IA an investigation is compulsory
IA Commander or designee shall assign an investigator within 5 business days of
receiving the Notice of Formal complaint.
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The investigation shall commence within 7 business days of receiving the Notice of
Formal Complaint.
Regarding Classification and Allegation(s):
If an agreement cannot be reached the matter will be elevated to either the Assistant Chief over
APD’s Headquarters Bureau or to the APD Chief of Staff.
WHAT HAPPENS WHEN A COMPLAINT GOES TO IA?
PROCEDURE FOR CITIZEN CONCERN
OPO will follow intake process & document in ICMS
OPO will notify IA designee via email
OPO will verify appropriate officer is noted in ICMS and close
IAD must acknowledge a CC was received
PROCEDURE FOR SUPERVISORY REFERRALS
OPO will follow intake process & document in ICMS
OPO will notify IA designee via email
IA will forward to Officer COC to make direct contact with complainant within 30 days
IA will alert OPO of SR completion within 3 business days of return of SR to IA
OPO CS will review SR and may contact complainant
OPO and IAD should note conclusion in ICMS
Note: In the event the COC makes a decision to show a complainant any video including
but not limited to body worn camera or DMAV that OPO shall be notified at least 3 business
days in advance to attend.
CCF PROCEDURE:
IA receives all notices of Complainant Contact Forms (CCF)
If CCF indicates the complainant is satisfied = IA will close the CCF and no notification
is made to OPO.
If CCF indicates the complainant is not satisfied = IA will review the CCF for any
potential policy violations. If IA identifies potential policy violation(s) OPO will receive
notice of the CCF and IA will notify the COC. At this time the OPO will conduct a
preliminary review and staff complaint with OPO Director or designee. If IA does not
identify any policy violations the OPO will not be notified of the CCF.
PROCEDURE FOR FORMAL COMPLAINTS
OPO CS will follow intake process & document in ICMS
Upon concurrence of classification and allegation IA will communicate to OPO Director
designee the assigned SGT within 3 business days
IA may only send shared link to COC Commander.
IA shall investigate all formal complaints in accordance with this SOP, the Meet and
Confer Agreement, and General Orders striving to meet the 180 day statutory time frame.
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OPO time spent in IA must be preapproved by OPO director designee
IA SGT will work with OPO director designee to schedule interviews (phone, in person
or travel)
IA SGT will provide the assigned CS the interview questions within 5 business
days of the interview being scheduled. If the interview is scheduled to occur in fewer
than five business days, IA SGT will provide the CS with the interview questions no
fewer than three business days in advance of the interview. Questions shall be shared
with the CS in the shared link in Citrix.
Interview requests should be sent to Police Oversight resource account at least 3
business days in advance (policeoversight@austintexas.gov)
All IA staff shall access OPO calendar for scheduling purposes
Any and all scheduling conflicts must be brought to OPO Director’s designee
Interviews for multiple cases assigned to the same CS shall not be scheduled to
occur at the same time.
Subject or witness officer review of documentation for an interview shall occur
prior to the interview’s scheduled time. IA shall schedule with the officer, their legal
representation, as well as their Austin Police Association representative a time for the
officer to complete their review prior to the scheduled interview. In scheduling time
for review, IA should ensure that the officer has sufficient time to complete the
review.
WHEN THE FORMAL INVESTIGATION IS COMPLETE:
IA SGT will notify OPO Director and send completed investigation summary to OPO
resource account
Upon notice from COC of sustained allegations, the OPO Director shall send discipline
recommendation to the respective officer(s) Commander and copy the Assistant Chief
within ten business days.
DISCIPLINE HEARINGS/MEETINGS
Notification must be sent to the OPO Director and OPO resource account 5 business days in
advance of all DRHs and DMs scheduled.
PROCEDURE FOR OFCA
Notification regarding OFCA consideration shall be sent to the OPO Director Designee and OPO
resource account, policeoversight@austintexas.gov
Within 3 business days of the IA notification, OPO shall notify the IA designee regarding
OPO concurrence or disagreement
If an agreement cannot be reached the matter will be elevated to the Assistant Chief over
APD’s Headquarters Bureau or APD Chief of Staff
All information regarding the concurrence shall be documented in ICMS
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PROCEDURE FOR CLOSE OUT MEETINGS
Close Out meetings:
CS will draft notice of close out for OPO Director to notify APD Chief of Police
Complainant agreement or dissent to IA presence in close out will be noted in ICMS and
notice sent to IA Commander
Close out meeting must be recorded and saved in shared OPO/IA folder
OPO – Office of Police Oversight
CS – Complaint Specialist
CC – Citizen Contact
DM – Disciplinary Meetings
DRH – Disciplinary Review Hearing
IA – Internal Affairs
COC – Chain of Command
NOSA – Notice of Sustained Allegation
SR – Supervisory Referral
OPO resource account –
policeoversight@austintexas.gov
ICMS – Internal Case Management System
SGT – Sergeant
Approved by:
______________________________________________
__________________
Farah Muscadin, Director – Office of Police Oversight
Date
_______________________________________________
__________________
Brent Dupre, Assistant Chief – APD
Date