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The Department will hear all complaints against its members,
which have been initiated by any person that is found to have
standing for such a complaint.
Complaints may be reported by phone, mail, internet, or in
person. All complaints will be addressed. Following the first
report of your complaint, you will be asked to provide a written
statement and following that, the complaint will be
investigated. All investigations of citizen complaints will be
conducted in a timely matter. Depending on the nature of the
complaint, some will take longer than others to investigate.
Upon conclusion of the investigation you will be notified of the
disposition of your complaint.
The Complaint process is a tool used to evaluate citizen
concerns with regards to the performance and actions of our
personnel and the agency itself. The process is not used to
determine guilt or innocence or to debate the outcome of any
legal proceeding; the appropriate court of venue will handle
these legal proceedings.
Types of Citizen Complaints:
Generally there are two types of citizen complaints: those
regarding a particular police service and those involving police
personnel.
Police Service Complaints
Are those types of complaints made regarding any service
performed by the Dickinson Police Department, and not
specifically directed at an employee.
Police Personnel Complaints
Are those types of complaints regarding the performance of
duties, or behavior of Departmental personnel, which include,
but of course are not limited to, violations of Federal, State
and Local laws, established Departmental policies and
procedures.
These types of complaints are generally subdivided into two
categories: complaints handled by the immediate supervisor and
complaints handled by the Office of the Chief of Police:
Examples of complaints handled by the immediate supervisor would
be “rudeness” or “minor driving violations” etc. Examples of
complaints handled by the Office of the Chief of Police would
be, violation of Federal, State or Local laws, Excessive Force,
etc.
Monitoring Employee Performance
Key Reasons for Monitoring Employee Performance:
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Protection of the Public- The public has the right to receive
fair, efficient and impartial law enforcement. We can help to
ensure this through the detection, investigation, and
adjudication of employee misconduct.
-
Protection of the Department- We are often evaluated and
judged by the conduct of our individual employees. Therefore,
it is imperative that the organization as a whole be free from
public censure based upon the misconduct of a few. The
community must be confident that the Department will fairly
and honestly police its own members. We recognize that we have
an obligation to not only protect the public from abuse, but
to protect the City of Dickinson and its employees from civil
litigation that could stem from any misconduct.+
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Corrections of Procedural Problems- We are constantly seeking
to improve efficiency of the Department, and occasionally,
administrative investigations disclose faulty procedures that
would otherwise have gone undetected.
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Removal of Unfit Personnel- Personnel who engage in serious
acts of misconduct, or who have demonstrated that they are
unfit for the law enforcement profession, must be removed for
the protection of everyone involved.
What is the law regarding making a complaint on a police
officer?
Texas Government Code § 614.022. Complaint to be in Writing and
Signed by Complainant
.
To be considered by the head of a state agency or by the head of
a fire or police department, the complaint must be:
(1) in writing; and
(2) signed by the person making the complaint.
Texas Government Code § 614.023. Copy of Complaint to be Given
to Officer or Employee
(a) A copy of a signed complaint against a law enforcement
officer, fire fighter, or police officer shall be given to the
officer or employee within a reasonable time after the complaint
is filed.
(b) Disciplinary action may not be taken against the officer or
employee unless a copy of the signed complaint is given to the
officer or employee.
Texas Penal Code § 37.02. Perjury
(a) A person commits an offense if, with intent to deceive and
with knowledge of the statement's meaning:
(1) he makes a false statement under oath or swears to the truth
of a false statement previously made and the statement is
required or authorized by law to be made under oath; or
(2) he makes a false unsworn declaration under Chapter 132,
Civil Practice and Remedies Code.
(b) An offense under this section is a Class A misdemeanor. |