| (a) Purpose. The purpose of this section is to set
out how and where to file a complaint about the actions or behavior
of an employee of the Texas Department of Public Safety in compliance
with Texas Government Code, §411.0195.
(b) Applicability. The policies and procedures described
in this section apply only to complaints made against an employee
of the department either by another employee of the department or
by a member of the public.
(c) Definitions. The following words and terms, when
used in this section, shall have the following meanings unless the
context in which the word or term is used clearly indicates otherwise:
(1) Complaint--A written statement of allegations against
an employee of the department made by a member of the public or another
department employee which alleges one or more of the following:
(A) an infraction of department rules, regulations,
or policies; or
(B) an illegal act.
(2) Complainant--A person who files a complaint.
(3) Department--The Texas Department of Public Safety.
(d) Filing a Complaint.
(1) Persons desiring to make a complaint must understand
the importance of submitting their complaint in writing with signature
affixed. (The Texas Government Code, §614.022 provides that all
complaints to be considered on law enforcement officers must be made
in writing and signed by the person making the complaint.) If a complainant
makes a complaint orally or by e-mail, he or she will be requested
to submit the complaint in writing with their signature affixed, and
given the necessary form and instructions to file the complaint. Complaint
forms may be obtained from any department office or on the internet
at the department's web page (www.dps.texas.gov).
(2) The completed and signed complaint may be filed
with the employee's supervisor by United States mail or personal delivery,
or by United States mail at Texas Department of Public Safety, Office
of Inspector General, 13706 Research Boulevard, Suite 100, Austin,
Texas 78750.
(3) The name, mailing address, and telephone number
of the person to whom the complaint should be directed may be obtained
by calling:
(A) the department at its headquarters in Austin, Texas
at (512) 424-2000; or
(B) by contacting any department office.
(4) A complaint should contain the following information:
(A) name, mailing address, and telephone number of
the complainant;
(B) the name of the employee about which the complaint
is being filed or sufficient information to enable the department
to identify the employee; and
(C) a concise statement of the nature of the complaint,
including all relevant facts.
(5) A summary of the department's complaint investigation
process is available on the department's web page. A copy will be
provided to any person who requests a complaint form or files a written
complaint.
(e) Complaint Investigation and Resolution Procedures.
(1) A complete description of the department's complaint
investigation, resolution, and appeal procedures may be found in Chapter
7A of the Department's General Manual which is on file with the Texas
State Library and Archives Commission located in Austin, Texas. A
summary of this information is available on the department's web site.
(2) All written complaints filed with the department
will be investigated thoroughly, objectively, and expeditiously. The
complainant will be notified that the complaint is to be investigated,
and the complainant will be contacted personally by the investigator
if at all possible to discuss the complaint allegations in detail.
(3) The complainant and employee will be informed in
writing of the resolution of the complaint.
(4) If the complaint investigation process is not complete
within 90 days of the complaint being filed, the complainant and the
employee will be notified of the complaint's status on a quarterly
basis until final resolution.
(f) Anonymous or Unwritten Complaints. A complainant
refusing to file a written complaint or who makes an anonymous complaint,
does not necessarily prevent an investigation from being initiated
on the facts provided. However, unwritten or anonymous complaints
do cause the matter to be more difficult to process to an effective
conclusion.
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