Town of Argyle

COMPLAINT INVESTIGATION AND RESOLUTION

It is the policy of the Department to courteously receive and to investigate complaints concerning its employees.

Persons desiring to make a complaint must understand the importance of submitting their complaint in writing with their signature affixed. (The Texas Government Code, Section 614.022, provides that all complaints to be considered on law enforcement officers must be in writing and signed by the person making the complaint.)

Persons complaining orally, or by E-mail, will be requested to submit their complaint in writing with their signature affixed, and will be provided the appropriate Personnel Complaint Affidavit. The Affidavit forms are also available from the Internet through the Department’s Web Page. (www.argyletx.com/police/complaint.htm)

A person refusing to make a written complaint or who makes an anonymous complaint does not necessarily prevent an investigation from being initiated on the facts provided, but does cause the matter to be more difficult to process to an effective conclusion.

Upon receipt of a complaint, a notification will be prepared and sent to the complainant informing him or her that the complaint is to be investigated and that they will be contacted personally, if at all possible, by the investigator to discuss in detail the allegation(s) made against the Department employee.

The Department has two types of complaint investigations, Personnel Complaint Investigations and Administrative Inquiries. An Administrative Inquiry may be conducted prior to the filing of a formal complaint. A formal complaint is defined as a formal written allegation against a member of the Department, which could result in disciplinary action up to and including termination, and which alleges one or more of the following:

An infraction of Department rules, regulations, or policies.
An illegal act.

Department policy and the Texas Government Code both require a copy of the formal complaint be presented to the employee within a reasonable time and before any disciplinary action may be imposed.

Department policy states the investigation of a formal complaint or an Administrative Inquiry shall include:

Personal contacting of the complainant by the investigator (when at all possible) to fully discuss the complaint.
Personal contacting of the accused employee by the investigator in every instance to fully discuss the allegations.
Personal contacting of all known witnesses as available or necessary.
The optional recording of complainant, witness, and/or accused employee interviews.
The taking of sworn statements from complainants, accused employees, and/or witnesses as deemed necessary to support or refute the allegations being investigated.
Obtaining all known relevant legal evidence and/or other documents to support or refute the allegations being investigated.
Implementation of scientific investigative aids (laboratory services, etc.) as deemed necessary to support the integrity of the investigation.
Submission of a detailed investigative report.

The purpose of the investigation is to seek out the facts in a particular situation and to ascertain the truth. The investigation or inquiry may be conducted by a Department supervisor or Internal Affairs.

Allegations contained in a formal complaint investigation may have one of four outcomes:

Unfounded. The allegation is false, not factual.
Exonerated. The incident occurred, but was lawful and proper or was justified under the existing conditions.
Not Sustained. There is insufficient evidence to prove or disprove the allegations.
Sustained. The allegation is supported by sufficient evidence.

A sustained complaint may result in disciplinary action of one or more of the following:

re-training
verbal counseling
formal written reprimand
suspension with pay
suspension without
demotion
termination

At the conclusion of an investigation/inquiry, the report will be reviewed by the accused employee’s supervisors, who will attach their recommendations to the report. If a supervisor conducts the investigation, it is reviewed by the employee’s supervisors, who attach their recommendations, and then is reviewed by Internal Affairs.

At the conclusion of the investigation and all appropriate reviews, the report will be forwarded to the Chief of Police who will take appropriate action, if any, or

If a formal complaint is sustained against an employee, the employee has the right to appeal that decision and/or the discipline imposed.

At the final conclusion of the complaint investigation or administrative inquiry, the complainant and the employee will be given written notification of the outcome. If the process is not complete within 90 days, a status notification will be sent to both the complainant and the employee.

If a complainant deliberately gives false information causing the Department to conduct an investigation, this information can be presented to the appropriate prosecutor under the appropriate Texas statutes.

INSTRUCTIONS

Complaints should be submitted in writing on one of the forms below with your signature affixed.

Use the Personnel Complaint Affidavit
Fill in each blank with the requested information. Blank pages may be inserted between the first page and the signature page if additional space is needed.
In the body of the affidavit, in a narrative form, give a concise statement of the nature of the complaint, including all relevant facts. The more information you can provide, the better it is for the investigator. If known, name the employee you are complaining against or give sufficient information to allow the Department to identify the employee. Please include your address and telephone number so the investigator can contact you.
After you have completed the narrative portion of the appropriate Personnel Complaint Affidavit, sign it as required.
The completed and signed affidavit may be filed by mail or in person with the employee’s supervisor or Internal Affairs at the Argyle Police Department.
Mailing Address:

Chief William T. Tackett
Argyle Police Department
P.O. Box 609
Argyle TX 76226

PENAL CODE

Sec. 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) (2) he makes a false sworn declaration under Chapter 132, Civil Practice and Remedies

Code.

(b) An offense under this section is a Class A misdemeanor.

Sec. 37.03. Aggravated Perjury. (a) A person commits an offense if he commits perjury as defined in Section 37.02. and the false statement:

(1) is made during or in connection with an official proceeding; and

(2) is material.

(b) An offense under this section is a felony of the third degree.

TEXAS GOVERNMENT CODE

Complaint Against Law Enforcement Officer or Firefighter

Sec. 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.

Sec. 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.

Acts 1993, 73^rd Leg., ch/263. Sec.1, eff. 9-1-93

ARGYLE POLICE DEPARTMENT

PERSONNEL COMPLAINT

AFFIDAVIT

STATE OF __________________

COUNTY OF ________________

Before me, the undersigned authority in and for the State of __________________, on this day personally appeared ___________________________________, who, after being by me duly sworn, deposed and said:

My name is ________________________________________. I am of sound mind, I am ____ years of age and my date of birth is_____/_____/_____, and competent to give this affidavit.

Tell us what happened

In this section you will write a brief story of what happened, based on the information you gave about When and Where it happened, and what you observed. Only write about the most recent occurrence. Previous occurrences are not relevant. DO NOT write about hearsay. Hearsay is what you have heard from other people, not what you have observed, and is not admissible in court. If you require more space, simply continue on another piece of paper. Please print clearly or type. This form requires a notary signature to be valid. A Notary is available at Town Hall for your convenience.

________________________________________________________________________

Affidavit of ____________________

Page _____ of _____

________________________________________________________________________

I swear or affirm that the statement contained here in is true and correct to the best of my knowledge and belief.

Affiant:__________________________________

Date:___________________________________

Sworn To and Subscribed Before Me this the _________day of _____________200___

Notary Public____________________________________

County of Denton

My Commission Expires:___________________________

Tell us about you.

This portion is to be completed by you. We need to know your full name, address, and contact information in case we have follow up questions. Please print neatly or type, and review the completed from to ensure that all information is included and correct.

Name:

Last:__________________________ First:____________________________ MI:_____

Street:__________________________________________________________________

City:__________________________State:________________Zip:_________________

Telephone:

Home: ( ) ____-__________________ Work ( ) _____-______________________

________________________________________________________________________Received by:____________ Date:______________ Disposition:__________________

IA File #_________