City of Crowley Police Department

Racial Profiling Complaint Procedures

View Racial Profiling Report 2008

The Police Department, through its written directives and training, strictly prohibits the practice of racial profiling. All racial profiling complaints will be thoroughly and fairly investigated.
Race or ethnicity means a particular descent, including but not limited to Caucasian, African, Hispanic, Asian, or Native American descent.

Laws Apply to All Nationalities
____________

1)	A complaint may be filed in person, by mail, by telephone or email.
2)	The complaint must be in writing and be signed by the complainant before the investigation can proceed.
	Racial profiling complaints must be filed within 90 days of the alleged incident.

*Texas Penal Code, Section 37.02 states false complaints are a crime and are punishable by a fine of up to $4,000, confinement in jail for up to one year , or both. In addition a falsely accused member may file a civil complaint.

Who May File a Complaint?

	another employee *
	a supervisor *
	a member of the community *

*The accused employee may also have civil recourse against the person making a false statement or complaint.

What Happens Next?

1) The Administration Bureau classifies and assigns an investigation.

	The allegations are listed on "Universal Complaint" form, which is presented to the employee.
	The employee signs the form to acknowledge receiving the complaint; signing the complaint does not indicate guilt or innocence.

2) Polygraph Examinations

Both the complainant and the accused employee may be asked to submit to a polygraph examination. Usually, a police officer may not be compelled to submit to a polygraph examination unless the complainant first takes and passes a polygraph examination.

What Happens if the Complaint is Sustained?
If a complaint is sustained, each person in the employee's chain of command reviews the finding and makes disciplinary recommendations.
- The Chief of Police makes the final disciplinary action decision.

The Complaint Ruling

	Sustained - the evidence is sufficient to support the allegation.
	Unfounded - the alleged misconduct, if committed, did not constitute a violation of policy or law.
	Exonerated - the evidence indicated the member's conduct was justified by policy, by law, or by the circumstances that were present at the time of the alleged conduct.
	Not Sustained - the evidence is insufficient to prove or disprove the allegation.
	Policy Failure - the member committed the alleged misconduct, but a policy did not adequately address the conduct.
	False or Untrue - the alleged misconduct never occurred.*Review TX Penal Code

Disciplinary Action?
If a complaint is sustained, the accused employee is subject to any of the following disciplinary actions.

	Counseling Report
	Oral or Written Reprimand
	Training
	Suspension

	Demotion
	Transfer
	Probation
	Termination

Appeals
- The accused employee has the right to appeal a disciplinary action in accordance with the "City of Crowley Personnel Policy Manual".
- If the complainant is not satisfied with the finding and recommendation, the complaint may be appealed to the Chief of Police or to the City Manager.

_________________________________________________

Web Design by Sims Solutions Contact Web Master