Complimenting
An Employee
As we recognize that conflicts between citizens and agency employees
can arise, we also realize that there are times when employees go
above and beyond their call for duty. Law enforcement employees, like
everyone else, appreciate when their good deeds are noticed. Too often
they are remembered for the traffic tickets they issue or the arrests
they have to make, and not for the thousands of helping hands they
extend.
If an officer or employee of the Mount Pleasant Police
Department provides services that you feel should be commended,
please write the chief a letter or a note to that effect, giving
your feelings on what the officer or employee has done that deserves
commendation. The chief will see that it gets to the employee and
that a copy is placed in the employee's personnel file. This boosts
their morale and encourages them and all other officers and employees
of the department to be more positive about themselves and the service
they provide. We are proud of the good relationship we share with
the community.
The Importance of Your Complaint
The Mount Pleasant Police Department recognizes that employees are
responsible for their conduct where the public is concerned. The
department also acknowledges that, at certain times, conflicts between
citizens and agency employees can arise. It is essential to the
safety of our community that the relationship between police and
citizens be built on confidence and trust. Law enforcement cannot
be effective without this vital conviction to both entities.
Police officers must be free to exercise their best
judgment and initiate proper action in a reasonable, lawful, impartial
manner, without fear of reprisal. At the same time, they must observe
the rights of all people. The complaint process and appropriate
disciplinary procedures not only subject agency members to corrective
action when they conduct themselves improperly, the guidelines also
protect them from unwarranted criticism when they discharge their
duties properly.
A disagreement over the validity
of a traffic stop
is not a complaint. Such disagreements should be directed to the
court that has jurisdiction in the matter.
There are two (2) types of complaints that can be made against
a police department employee: informal and formal.
For a person to make a complaint against a police employee, that
person must have standing. Standing means you
are the person the alleged act was made against (or you are the
parent or guardian of the person if that person the alleged act
was against is a juvenile - under 17 years old).
Most complaints may be resolved quickly as it is department policy
that all police contacts are video/audio taped. Usually a quick
review of the tape will determine if in fact the allegation(s)
is founded.
An informal complaint is usually minor in nature and
can be made verbally over the phone or personally by coming to
the police station to contact a supervisor. Usually, the employee's
immediate supervisor will handle the minor complaint. Examples
of informal allegations against an officer could include rudeness,
unprofessional behavior or erratic driving for examples.
A formal complaint is usually a more serious allegation
against a police employee. State law and/or department policy require
the formal complaint be in writing and notarized.
In most cases, a formal complaint opens an internal investigation
by the police department. Police commanders normally investigate
formal complaints. Written sworn statements may be required from
the accused employee, the person(s) filing the complaint and any
witness(es), if any, to the alleged complaint. Once the investigation
is complete, the person that made the allegation(s) will be notified
in writing of the results. Most investigations are completed within
thirty (30) days. Should an investigation take more than 30 days,
the person making the complaint will be updated as to the status
of the investigation.
A criminal allegation against any police employee should
be forwarded immediately to the police chief. The police chief
may request an independent law enforcement agency, such as the
Texas Rangers, investigate the case to maintain the integrity and
fairness of the investigation. A criminal allegation is the most
serious complaint that can be made against a police employee and
it is always considered a formal complaint (must be in writing).
Anonymous complaints will also be reviewed but they are difficult
to investigate without being able to contact the original witness
for a statement.
NOTE: In the rare event a person intentionally
and knowingly falsifies an allegation or statement against a police
employee, that person can be held both criminally and civilly liable.
The Mount Pleasant Police Department will vigorously seek prosecution
of such persons that falsely accuse a police employee.
Complaint Procedures
The complaint process is designed to deal with each case factually
and fairly. Citizens who file complaints are treated respectfully,
and their accusations are taken seriously. All complaints are investigated
thoroughly, and all findings are based on impartial evidence gathered
during the investigation.
However, many complaints can be explained satisfactorily
by a visit or telephone call to the employee's supervisor, usually
a sergeant or lieutenant for officers and the communications manager
for dispatchers. The supervisor will talk with you about your complaint
and try to resolve the issue.
The chief is usually available Monday-Friday, 8 a.m.-5
p.m. to discuss your complaint about any member of the department, but may refer your complaint to a police supervisor, unless the complaint alleges criminal behavior.
Complaints may be lodged as a formal or informal complaint.
The formal complaint must be in writing, signed by the complainant,
and be notarized. The informal complaint may be written or oral.
All complaints will be dealt with in the same manner.
Formal complaints will be responded to in writing once the investigation
is completed.
Dispositions of Complaints
Any complaint can be made without giving your name; however, you
cannot be informed of the results of the internal review if you
choose to remain anonymous. Internal review will determine each
complaint as one of the following:
- Unfounded: Incident did not occur, or affected
employee was not involved.
- Exonerated: Incident occurred, but actions
taken were lawful and proper.
- Not sustained: Insufficient evidence exists
to prove the allegation.
- Sustained: Evidence is sufficient to prove
the allegation.
Sustained allegations could result in additional training,
counseling, oral or written reprimand, suspension, or termination.
Final disposition of any complaint filed under this
procedure will be made by the Chief Of Police.
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