Citizen Compliments and Complaints

Have a Compliment or Comment?

We are interested in hearing about what we are doing right so we may continue quality services. Please call the Office of the Chief of Police at 361- 485-3714 or email dblough@victoriatx.org.

Citizen Complaints

The purpose of this policy is to maintain the confidence of the community in their police officers and department. All citizen complaints against employees of the department will be courteously accepted and fully investigated. Investigation of citizen complaints will be conducted in a fair and open manner, consistent with the rights of all concerned. Employees accused in citizen complaints shall be presumed innocent unless the charges are substantiated in the complaint investigative process. The mere filing of a complaint does not substantiate an allegation. The rationale of this policy is to accept all complaints; however those complaints which only deal with the guilt or innocence of a citizen violator will be referred to the proper judicial court and will not be investigated as a citizen complaint by the department.

Procedures For Making A Complaint

Any person, including an employee of the department, shall have the right to file a citizen complaint. All persons who file complaints shall be informed, if requested, of the final disposition of their complaints. While encouraging the filing of legitimate complaints against employees as a means, by which they can be held accountable to the public, the department simultaneously seeks to hold members of the public responsible for the filing of false and malicious allegations against police employees. Where a complaint is proven to be false, the complainant will be prosecuted within the law.

Formal complaints must specifically state the nature of the event and facts in support of the allegation. All formal complaints shall be reduced to writing and a statement of facts sworn to and signed by the complaintant, and notarized using the Citizen-Police Complaint Form.

Sections 614.022 and 614.023 of the State of Texas Government Code read as follows:

§ 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 department or local law enforcement agency, the complaint must be:
                        (1)  in writing;  and                                                        
                        (2)  signed by the person making the complaint.

§ 614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR EMPLOYEE.  (a) A copy of a signed complaint against a law enforcement officer of this state or a fire fighter, detention officer, county jailer, or peace officer appointed or employed by a political subdivision of this state 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.
            (c)  In addition to the requirement of Subsection (b), the officer or employee may not be indefinitely suspended or terminated from employment based on the subject matter of the complaint unless:
                        (1)  the complaint is investigated;  and                                      
                        (2)  there is evidence to prove the allegation of misconduct.

Filing a Complaint

Citizens wishing to make a complaint against any employee of the department are referred to the accused employee's immediate supervisor, if that supervisor is on-duty. If the accused employee's immediate supervisor is off-duty, complaints are referred to any available supervisor. Citizens may also file a complaint directly with the Professional Standards Section.

Informal Complaint Process

When a complaint appears to be founded merely upon a misunderstanding, it will be referred to the supervisor on duty. The supervisor will attempt to informally mediate the dispute. If the dispute does not appear to be susceptible to informal mediation, or if the complainant is not satisfied with the informal mediation, the complaint will be handled in accordance with the Formal Complaint Process.

COMMENT: The informal process is created to attempt to handle the many problems, which arise from misunderstandings between citizens and police employees.

Formal Complaint Process

The Formal Complaint Process is mandatory whenever a complaint alleges criminal misconduct, corruption, excessive force, violation of a constitutional right, breach of civil rights, or when the informal complaint process has failed to resolve the complaint.

Disposition of All Complaints (Informal & Formal)

Conclusion of Fact - All complaint investigations, Informal, Formal, and Internal will be classified with a "Conclusion of Fact" for each allegation of misconduct according to the following classifications:

1. Unfounded 

2. Exonerated 

3. Not Sustained 

4. Violation Not Related to Initial Complaint

5. Sustained

6. Policy Failure