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COMPLAINT PROCESS The Cleburne Police Department is dedicated to providing the best police service possible to all citizens. Police Officers are carefully selected and given the best training possible in order to provide this service. However, you may have occasion to lodge a complaint
about the actions of a member of the Cleburne Police Department. In order to be responsible to you, we are providing the following information about how complaints are made, how they are investigated, and their result. How are complaints made? When a citizen lodges a complaint against a member of the Cleburne Police Department, the complaint goes to the Patrol Commander. Special investigators are assigned to review and investigate your complaint. If the Patrol Commander is not available, you may lodge a complaint with any supervisory officer of the Cleburne Police Department. Texas State Law required that all complaints against police officers must be in writing and signed by the person making the complaint before any disciplinary action may be taken. Complaints must be made within thirty (30) days of the incident complained about, except in special circumstances (such as criminal misconduct or when good cause can be shown by the person complaining.) Complaints must be made by the person who claims to be aggrieved. Other persons may give statements as witnesses. The investigators will conduct a thorough investigation of your complaint and you will be advised of the results and actions taken. False Complaints Sometimes, people make false complaints against police officers. Citizens should be aware that this is a violation of the Texas Penal code. Section 37.02.provided punishment for an individual adjudged guilty of committing an offense, if with intent to deceive and with knowledge of the statement’s meaning:
“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.” A person convicted under this section can be punished by a fine up to $2000, confinement in jail up to one year, or both fine and imprisonment. What happens if the complaint is found to be true? When the investigation of a complaint reveals that the charges are
true and should be sustained against a police officer, the Officer’s supervisor notifies the officer and may take one of the following actions depending on the nature of the violation. 1. Reprimand the
employee 2. Suspend the employee without pay 3. Demote the employee 4. Discharge the employee What happened is the complaint is not true? Police Officers must be accorded certain rights, the same as with all citizens, and complaints must be supported by sufficient evidence. If there is not sufficient evidence to sustain the
complaint, the officer is notified and continues on duty. If he was removed from duty during the investigation, he will be paid for that period. The complainant is also notified by mail of the investigation’s results. Officers can appeal the decision Just as a citizen charged with a criminal offense can appeal a court’s decision, a police officer can appeal the action taken against him. The city of Cleburne has established procedures for insuring the complaints by citizens against officers are thoroughly and honestly investigation.
What if you are not satisfied with the decision? If you are not satisfied with the results of the investigation by the investigator, you may appeal to the Office of the
Chief of Police. The Cleburne Police Department is vitally interested in taking action where its employees have proved derelict in their duties or are guilty of wrongdoing. If it becomes necessary for you to make a complaint, you can be assured that it will be given a fair and thorough investigation. By the same token, if you have occasion to see a police officer doing outstanding work, tell them about it. Your Cleburne Police Officers are individuals who are dedicated to serving you and our community.
A complaint may be filed against a Cleburne Police department employee by: 1.
another employee 2. a supervisor, or 3. a citizen. Note: Minor complaints may be investigated by first line supervisors, rather than by a Special Investigator.
How long with the investigation take? Most investigations are completed within 30 days; however, legal review and supervisor’s review of the case is not included in this time period. Will there be a final report? Yes. The special Investigator will complete a report at the conclusion of their investigation. The report will consist of:
1. Allegations – a listing of the alleged violation(s) 2.
Findings – results of the investigation 3. Conclusion – the Patrol Commander’s Officer will make one of the following recommendations for each allegation: a. Inconclusive – the investigation could not prove or disprove the allegation b. Unfounded – the investigation determined that the allegation is not accurate c.
Exonerated – the investigation determined that the allegation is accurate, but the incident does not involve a policy violation. d. Sustained – the investigation determine
that the allegations are accurate and involves a policy violation.
What kind of discipline may be imposed for a sustained complaint? Counseling reports Oral reprimands Written reprimands Suspensions Demotions Dismissals Employees will be provided a written notice of any
disciplinary action initiated. While progressive steps of discipline are encouraged, any of the discipline options may be exercised as the facts may warrant. Who determines discipline? The Chief of Police has final authority for determining discipline. The Special Investigator does not recommend discipline. If you have any questions, feel free to contact the Patrol Commander at
(817) 645-0975. Leave your name and phone number and your call will be returned as soon as possible. |
