Police Department Complaint Policy and Form

I. PURPOSE

Police Officers have the authority by law to initiate proper action in a reasonable, lawful, and impartial manner without fear of reprisal. At the same time, they must observe the rights of all people. The complaint process and appropriate corrective procedures not only subject agency members to corrective action when they conduct themselves improperly, the guidelines also protect them from unwarranted criticism when they discharge their duties properly.

The Beeville Police Department realizes it must be transparent and responsive to input from the citizens of our community. While most of the department's interaction with the community is positive, involving general public assistance, provision of information, or in some cases, lifesaving action by police personnel, we do recognize that there may be times when our actions may be called into question.

In these cases, we strongly encourage individuals to report what they believe to be acts of misconduct. The complaint must be made in good faith and the department pledges to respond swiftly, thoroughly, and fairly to bona fide reports of alleged misconduct. The following information should be provided in its entirety to all persons who desire to file a formal complaint against a Beeville Police Officer.  All complaints will be addressed in a confidential, courteous, and efficient manner and with a balance between respect for the complainant and the rights of the officer.

 Our goal at the Beeville Police Department is that a person will never need to use this complaint process.
We are striving through continuing efforts to give each citizen the best possible service. The Beeville
Police Department constantly seeks ways to improve our service to the community. We have pledged
ourselves to professional and dedicated service and we will hold ourselves accountable if we should fall
 short of that pledge.

II. TEXAS LAW

The Texas Government Code Title 6, subchapter B, Section 614.022 states that all complaints against police officers be in writing and signed by the person making the complaint. Just as citizens who are arrested must be notified of the charges against them, police officers must be given a copy of the complaint before any disciplinary action may be taken.

III. RIGHTS OF THE OFFICER:

1. A copy of a signed complaint against a police officer shall be given to the officer within a reasonable time after complaint is filed.
2. Disciplinary action may not be taken against the officer pursuant to the complaint unless a copy of the signed complaint is given to the officer.
3. An officer may not be disciplined based on the subject matter of the complaint unless the complaint is investigated and there is sufficient evidence to prove the allegation of misconduct.

IV. PROCESS TO FILE A COMPLAINT BY CITIZEN

 The following information should be given to the person making the complaint, either by the patrol supervisor or other BPD employee.

1. Complaints from citizens may be initiated in person, over the phone or in writing. However, Texas law requires that in order for a citizen-initiated complaint to be considered by the Chief of Police, it must be in writing and signed by the person making the complaint.
2. Many complaints can be explained satisfactorily by a visit or telephone call to the police employee’s supervisor. The supervisor will talk to you about your complaint and try to resolve it. A disagreement over the validity of a traffic violation is not a complaint, and should be directed to the appropriate court having jurisdiction over the matter
3. Complaint investigations are required by law to be completed within 180 days of the occurrence of the alleged misconduct.
4. The Beeville Police Department will not accept citizen-initiated complaints more than 30 days after the alleged incident occurred. A copy of the signed complaint will be provided to the involved officer before an investigation or disciplinary action may be taken.
5. It is preferred if someone makes a complaint, that they do so in person, to a supervisor at the Beeville Police Department located at 402 N. Washington Street, Beeville, TX. The complaint must be in writing and signed by the complainant. The written complaint should describe any information pertaining to the allegation in the complaint.  The person complaining should be informed that the complaint can be submitted by mail, but it must meet the requirements of a written complaint as set forth in this policy. Should you need to submit more information about your complaint than the complaint form allows, you may attach additional sheets so long as they are dated and signed by the person making the complaint.

V. INVESTIGATION OF ALLEGATION

1. It is the responsibility of the Beeville Police Department to treat all people with dignity and respect. If it is proven upon investigation that an officer of this agency acted in a manner that violates the Beeville Police Department General Orders or other applicable laws, rules, regulations, or policies, appropriate action will be taken to correct the errant behavior.
2. The Beeville Police Department Code of Conduct and the written personnel policies promulgated by the City of Beeville are the policies that will apply to determine if a Beeville Police Department policy, rule, or required procedure has been violated. For allegations of criminal conduct of a class B misdemeanor or above or any felony, the Chief of Police is vested with the ability to request that the Texas Department of Public Safety Rangers assist in the criminal investigation.
3. On the commencement of an investigation by the Beeville Police Department of a complaint that alleges that a peace officer employed by the department has engaged in racial profiling with respect to an individual and in which a video or audio recording of the occurrence on which the complaint is based was made, the department shall promptly provide a copy of the recording to the peace officer who is the subject of the complaint upon written request by the officer.
4. After a thorough investigation, the complaint will be classified in one of the following ways:
   
   Unfounded: The incident did not occur, or the affected employee was not involved.
   Exonerated: The action complained of was determined to be lawful, proper and in accordance with Department rules and procedures.
   Not Sustained: There is insufficient evidence to either prove or disprove the allegation.
   Sustained: The allegation is true, and the action of the employee was inconsistent with Department rules and procedures.

      Our goal at the Beeville Police Department is that a person will never need to use this complaint process. We are striving through continuing efforts to give each citizen the best possible service. The Beeville Police Department constantly seeks ways to improve our service to the community. We have pledged ourselves to professional and dedicated service and we will hold ourselves accountable if we should fall short of that pledge.

VI. COMMONLY ASKED QUESTIONS BY A COMPLAINANT

Will you seriously consider my complaint?

Yes. Our professional image is very important to us at BPD.  Although a small organization, we pride ourselves in professionalism and customer service. If something went wrong, we want to know so that we can see to it that it doesn't happen again.

Who will investigate my complaint?
Depending on the severity of the complaint, a supervisor and in some cases involving a serious breach of policy, the Internal Affairs component of the police department.

Who should I speak with first?
You may talk to any BPD supervisor. Many complaints can be explained satisfactorily by a visit or telephone call to the police employee’s supervisor. The supervisor will talk to you about your complaint and try to resolve it.

Do I have to register my complaint in person?

       No. We do prefer to talk to the complaining party in person, however, if there are valid reasons why this cannot be done, a complaint can be made by mail so long as the complaint meets the requirements of a written complaint as set forth above, but you may be recontacted by the assigned to provide further information concerning your complaint.

To file a complaint by mail, please print and fill out each step ensuring all sections are followed completely. The Citizen Complaint Form can be obtained in person at the Beeville Police Department or on the Beeville Police Department webpage and must be mailed to: 

 Assistant Chief of Police
Beeville Police Department
 Washington, Beeville, TX  78102.

Can someone other than the complainant file the complaint?

No. We cannot accept a complaint from another party, however, under certain circumstances, another party may assist in providing the complaint in writing at the direction of the complainant. After receiving your complaint, the investigator will contact you.

What if I wish to complain about a traffic violation or ticket I received?

A disagreement over the validity of a traffic violation is not a complaint and should be directed to the appropriate court having jurisdiction over the violation. For a traffic violation this would be the Beeville Municipal Court.

What happens if a false complaint is filed?

     If it is determined upon investigation that the complainant has made a materially false complaint, a criminal complaint may be forwarded to the Prosecuting Attorney of proper jurisdiction for consideration of criminal charges being filed against the person or persons that made such false statements.  A false statement made to a peace officer or employee of a law enforcement agency could be considered a violation of Texas law for which a person can be prosecuted. Complainants should exercise caution and be very careful to state only what happened and not lie or embellish what occurred or communicate falsehoods in the written statement.

What will happen to the officer/employee subject of the complaint?

     If an investigation sustains the allegations in a complaint, the department and/or college will proceed with appropriate actions in accordance with applicable law, rules, policies, and procedures based on the severity of the sustained in the investigation of the citizen’s complaint.

How long will the investigation take?

     This depends on the allegation and the facts of the case. Due to certain due process procedures and other considerations, typically the earliest an investigation could conclude would be 15 working days.

Will I be notified at the conclusion of the investigation?

     Yes, the complainant will receive correspondence from a representative of the Beeville Police Department stating the disposition of the case. It will be mailed to the address on the complaint form.

What if I'm not satisfied with the results of this investigation?

     Once the results are complete, the complainant can request an appointment with the Chief of Police to discuss the findings.


SUBMIT COMPLAINT