CITY OF DALLAS

For Official Use Only

ETHICS ADVISORY COMMISSION COMPLAINT FORM Please type or print legibly in blue or black ink. NOTE: FILING A COMPLAINT THAT FALSELY ACCUSES SOMEONE OF A VIOLATION OF THE ETHICS CODE MAY RESULT IN CRIMINAL PROSECUTION OF ANYONE WHO KNOWINGLY MAKES A FALSE ACCUSATION. PART A – COMPLAINANT INFORMATION 1. Your full name (print) (Identifies you as the Complainant)

Your residence address (Street, City, State and Zip Code)

County

Your business address (Street, City, State and Zip Code)

County

Business phone #

Residence phone #

PART B -- COMPLAINANT DECLARATION I DECLARE I HAVE A COMPLAINT AGAINST: 2. Full Name of person against whom you are bringing the allegation:

OFFICE OF THE CITY SECRETARY

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DALLAS, TEXAS 04-03-07

(Check One)

Fill in Appropriate Information

Elected Official Appointed Official Candidate City Employee

Office Held Board or Commission/ Title Office Sought Title/Department

Residence address (Street, City, State and Zip Code)

County

Business address (Street, City, State and Zip Code)

County

PART C -- DESCRIPTION OF COMPLAINT Provide a statement of the facts upon which your complaint is based. Describe the events in the order in which they occurred. Keep dates of events in sequence. Include full names, addresses and phone numbers of all individuals involved, including any witnesses present when alleged violations took place. Be factual; the information you provide in this statement must be based on facts and not on personal conjecture. Try to answer the questions “who”, “what”, “where”, and “when”. Attach extra sheets if more space is needed.

On June 28, 2000, the Dallas City Council passed Ordinance No. 24316, which establishes in Chapter 12A of the Dallas City Code a new code of ethics for all city officials and employees. This Statement of Claim will show just cause based on statements and evidence submitted, that Chief of Police David Brown has violated the City of Dallas Code of Ethics, and that evidence would induce a reasonably intelligent and prudent person to believe that an act or acts constituting an ethical violation have been committed. In accordance with this Code, I hereby request an evidentiary hearing regarding this complaint, whereby all the facts may become know to the public. On July 24, 2012 Chief of Police David Brown issued a message to the public titled “New Policies and Strategic Directives”. The first of these states the Dallas Police Department shall; “1. Formalize a process of concurrent investigative review with the FBI Civil Rights Office of all officer involved shootings. This step will help reassure the public that the
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Dallas Police Department is conducting a detailed and comprehensive investigation and that the findings are based upon facts uncovered by the investigation. The Police Department has requested the FBI to conduct this type of review on several occasions, the most recent of which is the James Harper shooting.” An open records request released by the Dallas Police Department on May 15, 2013 shows that a policy explicitly requiring notification of all officer involved shootings be made to the FBI Civil Rights Office, was implemented. The policy is as follows; “SIU FBI Notification Policy: Anytime an officer involved shooting occurs in which a citizen is injured or killed, the Special Investigations Unit (SIU) will email the Dallas Division of the Federal Bureau of Investigations, Civil Rights Unit, the shooting summary, no later than the first working day following the incident. The Shooting Summary does not trigger an investigation, unless requested by the Chief of Police. The intention of this policy is to have a neutral third party oversight and instill confidence in the citizens of Dallas. Special Agent Kevin Sheridan is the supervisor over the Civil Rights Unit, Color of Law Abuses. His e-mail is Kevin.sheridan@ic.fbi.gov.” On March 10, 2013 Clinton Allen, 25 and unarmed, was shot seven times and killed by Dallas Police Officer Clark Staller, Badge# 9514. Email correspondence between a concerned citizen and FBI Special Agent Kevin Sheridan, and FBI Special Agent Stephen E. Cam--Supervisor, both assigned to the FBI-Dallas Civil Rights Unit, show that there has been no correspondence between the FBI-Dallas Office and the Dallas Police Department regarding the shooting death of Clinton Allen. The open records request and the email correspondence also show that there has been no Shooting Summary submitted to the FBI-Dallas Civil Rights Unit, as required under policy implemented by Chief of Police David Brown.

PART D -- CODE VIOLATIONS List the sections and paragraphs of the Code of Ethics’ provisions you believe have been violated:
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I.

Ethics Code SEC. 12A-3(a): IMPROPER ECONOMIC BENEFIT, Economic Interests Affected. To avoid the appearance and risk of impropriety, a city official or employee shall not take any official action that he or she knows is likely to affect particularly the economic interest of: (1) the official or employee

Violation: The official decision to not notify the FBI-Dallas Civil Rights Unit regarding the shooting death of Clinton Allen as required by the SIU FBI Notification Policy, violates this code of conduct through an implicit effort to avoid a federal investigation of the officer involved shooting that occurred on March 10, 2013. Chief of Police David Brown has an economic interest in maintaining his position within the Dallas Police Department. The economic interest is in the form of a yearly salary, expense accounts, stipends, bonuses, and other fringe benefits associated with the position.

II.

Ethics Code SEC. 12A-4(a): UNFAIR ADVANCEMENT OF PRIVATE INTERESTS, General Rule. A city official or employee may not use his or her official position to unfairly advance or impede personal interests by granting or securing, or by attempting to grant or secure, for any person (including himself or herself) any form of special consideration, treatment, exemption, or advantage beyond that which is lawfully available to every other person or organization.

Violation: The official decision to not notify the FBI-Dallas Civil Rights Unit regarding the shooting death of Clinton Allen as required by the SIU FBI Notification Policy, violates this code of conduct through an implicit effort to avoid a federal investigation of the officer involved shooting that occurred on March 10, 2013. Chief of Police David Brown unfairly used his position as a department director to secure an exemption to the required adherence to departmental policy. This exemption from following departmental policy and
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regulation constitutes a form of special treatment, and is not lawfully available to every other police officer, or organization within the City of Dallas. III. Ethics Code SEC. 12A-18: PARTICIPATION IN ETHICS VIOLATIONS, No person shall intentionally or knowingly induce, attempt to induce, conspire with, aid, or assist, or attempt to aid or assist another person to engage in conduct violative of this chapter.

Violation: The official decision to not notify the FBI-Dallas Civil Rights Unit regarding the shooting death of Clinton Allen as required by the SIU FBI Notification Policy, violates this code of conduct through an implicit effort to avoid a federal investigation of the officer involved shooting that occurred on March 10, 2013. Chief of Police David Brown did intentionally or knowingly aided, assisted, and induced other police officers within the Special Investigations Unit, Internal Affairs Division, Public Integrity Unit, and Crimes Against Persons Unit to violate SEC. 12A-3(a): IMPROPER ECONOMIC BENEFIT, and SEC. 12A-4(a): UNFAIR ADVANCEMENT OF PRIVATE of the City of Dallas Code of Ethics.

PART E -- SOURCES OF EVIDENCE Identify sources of evidence, if any, that you believe should be considered by the Ethics Advisory Commission. Submit all information that you have; attach photocopies of any pertinent papers or documentation to support your allegation. The following files are attached as sources of evidence:
A. Dallas Police Department, Records Section, Open Records Unit-- Public Information Request Number 20130-4588, Log Number 201304588, Invoice Number 92463, Invoice Date: 05/13/2013 B. Email Correspondence between FBI Special Agents Kevin Sheridan, Stephen E.

Cam, Supervisor, and a concerned inhabitant of the City of Dallas.
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C. New Policies and Directives from Dallas Police David O. Brown Released on July 24, 2012
D. Email Correspondence between Dallas Police Assistant Chief Randal Blankenbaker and Dallas Morning News Reporter Tanya Eiserer I CERTIFY THAT I HAVE READ THIS COMPLAINT, I FULLY UNDERSTAND ITS CONTENTS, AND I DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF TEXAS THAT THE FOREGOING STATEMENTS AND PHOTOCOPIES OF ATTACHED DOCUMENTS ARE TRUE AND CORRECT. I UNDERSTAND THAT A COPY OF THIS COMPLAINT WILL BE SENT TO THE CHAIR OF THE ETHICS ADVISORY COMMISSION AND TO THE INDIVIDUAL CHARGED IN THIS COMPLAINT. ALL PAPERS AND COMMUNICATIONS RELATING TO A COMPLAINT MUST BE TREATED AS CONFIDENTIAL TO THE EXTENT ALLOWED BY LAW.

_____________________________________ Signature

Before me the undersigned authority, on the _____ day of ___________, 200__, personally appeared, ______________________________, known to me to be the person whose name is subscribed hereto, and being duly sworn stated that he/she has personal knowledge of the facts hereinabove and that such facts are true and correct. _____________________________________ Notary Public <NOTARY SEAL> _________________________County, Texas My Commission expires: _____________________________________
Special Note: Section 3.2 of the Ethics Advisory Commission Rules of Procedure states that, “an amended complaint may only be filed within seven days after the city secretary’s receipt of the original complaint” Should you have any questions concerning this form, please contact the City Secretary’s Office, at (214) 671-8970 during regular business hours (8:15am – 5:15pm). OFFICE OF THE CITY SECRETARY Page 6 of 4 DALLAS, TEXAS 04-03-07

Upon completion of ALL sections of the complaint form, please hand deliver or send by certified mail with any attachments to: Office of the City Secretary CITY HALL 1500 Marilla Avenue – Suite 5DS Dallas, TX 75201

OFFICE OF THE CITY SECRETARY

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DALLAS, TEXAS 04-03-07

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