Complaint Against An Officer

(1) A law enforcement officer of the State of Texas, including an officer of the Department of Public Safety or of the Texas Alcoholic Beverage Commission;

(2) A firefighter who is not covered by a civil service statute; or

(3) A police officer that is not covered by a civil service statute

Procedures For Filing A Complaint

Added by Acts 1993, 73^rd leg. Ch. 268, sec. 1, eff. Sept. 1, 1993. sec. 614.023. Copy of 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.

Added by Acts 1993, 73^rd leg., ch. 268 sec. 1, eff. Sept. 1,1993. 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, firefighter, or police officer shall be given to the officer or employee within a reasonable time after 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. Added by Acts 1993, 73^rd leg., ch. 268, sec. 1, eff. Sept. 1,1993.

Notes Of Decision

In General

Statute does not provide sole avenue by which complaint against police officer may be processed and does not conflict with Dallas city charter procedures whereby citizens may initiate misconduct proceeding against officers to employees in classified service. Graves vs City of Dallas (civ. App. 1975) 532 S. 2d 106. Ref. n.r.e. Letters from internal affairs investigator which directed police officer to respond to three specific acts of misconduct constituted compliance with statute as it was in writing, signed by the person making the complaint, and presented to the affected officer prior to the taking of disciplinary action. Fudge vs Haggar (civ. App. 1981) 621 s. w.2d 196. Ref. n.r.e.