Police Employee Complaint Process

The Windcrest Police Department is dedicated to providing exceptional service to its employees and citizens. Police employees are carefully selected, held to the highest standards and provided with the best training available. In addition, the Windcrest Police Department emphasizes a commitment to the phrase: "A Public Service Agency".  We are interested in the welfare of all citizens and in taking immediate action when our employees have proven derelict in their duties or are guilty of wrong doing. If it becomes necessary for you to make a complaint you can be assured that it will be given a fair and thorough investigation. Complaints against employees are handled through the Department's Professional Standards Unit. The purpose of the Professional Standards Unit is the diligent pursuit of the truth. We are committed to that objective; recognizing that our agency's credibility depends upon the community's knowledge that we can police ourselves. Under the direction of the Executive Officer, Professional Standards personnel shall make every effort to interview the complainant, the accused Officer, witnesses, the Member's immediate Supervisor, and any other person whose statement should assist in the just resolution of the case. Every statement shall be placed in writing and verified by the person making it and by the Professional Standards Unit.  

Any person wishing to compliment an employee for outstanding work, please contact a police supervisor about the employee.  Any person wishing to file a complaint, may do so by coming into the Windcrest Police Department located at8601 Midcrown Dr., Windcrest, Texas 78239. Complaints can be reported twenty-four (24)hours a day to any department supervisor or from 9:00 a.m. to 5:00 p.m., weekdays to a member of the Professional Standards Unit.

Texas State Law – Government Code 614.022
Requires that all complaints against police officers be in writing and signed by the person making the complaint.  Just as citizens who are arrested must be notified of the charges against them, police officers must be given copies of complaints before any disciplinary action may be taken.  The person who claims to be aggrieved must make the complaint.  Other persons involved in the incident may give statements as a witness.

Traffic citations issued or differences of opinion between police officers and citizens regarding the issuance of a traffic citation for the guilt or innocence of persons arrested will not be investigated unless there is a specific allegation of misconduct against a member(s) of this department.

COMPLAINT TYPES

FORMAL COMPLAINT – A complaint on a member for conduct that exhibits a significant variance from expectations established through formal training, departmental rules, regulations, policies, or procedures which regulate a sworn member's conduct. These complaints are investigated by the Professional Standards Unit and forwarded to the Chief’s Advisory Action Board. After review, a recommendation is made to the Chief of Police as to recommended discipline.  Examples of formal complaints include: excessive use of force; criminal misconduct; or failure to perform police responsibilities.

LINE COMPLAINT – A complaint on an officer for minor variances of rules, regulations, and/or policies.  Line complaints are investigated by an immediate supervisor and that supervisor makes a recommendation to the Chief of Police, through chain of command as to the discipline that should be imposed on the officer if it is determined that the officer indeed violated departmental rules, regulations, or policies. Examples of line complaints include: courtesy, rudeness; and quality of service provided by an officer.

FALSE COMPLAINT - Intentionally making false complaints or allegations against police officers violates Chapter 37 of the Texas Penal Code.  Texas law provides punishment for an individual adjudged guilty of committing an offense if, with intent to deceive and with knowledge of the statements meaning, a person makes a false statement under oath or swears to the truth of a false statement previously made and the statement is required or authorized by law to be made under oath.  A person committing an offense under this section can be charged with offenses ranging from a Class B Misdemeanor to a Felony of the Third Degree. This information is not intended to intimidate the person complaining or any witness, but is provided to avoid retaliation against any members of this department.

SUBSTANTIATED COMPLAINTS
When a complaint reveals thatthe charges are true and should be sustained against a police employee, the Chief of Police notifies the employee and may take one of the following actions, depending on the nature of the violation:

Reprimand

Suspension

Demotion

Termination

UNSUBSTANTIATED COMPLAINTS
All police employees must be afforded certain rights as with all citizens. Complaints must be supported by sufficient evidence.  If there is no sufficient evidence to sustain the complaint, the employee is notified and continues with their duties.

IF YOU ARE NOT SATISFIED WITH THE DECISION?
If you are not satisfied with the results of the investigation by the Professional Standards Unit, you may appeal to:

Windcrest Police Department

Office of the Chief ofPolice
8601 Midcrown Dr.
Windcrest, Texas 78239

210.655.0022 Extension 2610

City of Windcrest

Office of the City Manager
8601 Midcrown Dr.
Windcrest, Texas 78239

210.655.0022

Bexar County District Attorney

101 W. Nueva
San Antonio, Texas 78205
210.335.2311

Federal Bureau of Investigation
5740 University Heights Blvd.
San Antonio, Texas 78249
210.225.6741

Deadlines

Complaints against officers will not be accepted more than 60 days after the alleged incident unless the act initiating the complaint is a criminal violation in which case the criminal statute of limitations will prevail or if the complainant can show good cause for the delay.

Additional Information

For additional information contact the Chief of Police by email or by calling (210)655-0022, extension 2610.

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