The Texas Department of Public Safety proposes new §1.38, concerning Personnel Complaint Policy. The justification for this section is to implement changes made to Texas Government Code, §411.0195 as a result of the passage of Senate Bill 370 by the 76th Texas Legislature. This section describes the department's current procedures by which complaints are filed and resolved by the department and methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.

Tom Haas, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications to state or local government.

Mr. Haas also has determined that for each year of the first five years the rule is in effect the public benefit anticipated as a result of enforcing or administering the rule will be clarification of department policy on how to initiate personnel complaints. There is no anticipated economic cost to individuals. There is no anticipated economic cost to small or large businesses.

Comments on the proposal may be submitted to Mary Ann Courter, Chief of Legal Services, Texas Department of Public Safety, Box 4087, Austin, Texas 78773-0140, (512) 424-2890.

The new section is proposed pursuant to Texas Government Code, §411.0195 which states the director, by rule, shall establish methods by which consumers and service recipients are notified of the name, mailing address, and telephone number of the department for the purpose of directing complaints to the department.

Texas Government Code, §411.0195 is affected by this proposal.

§1.38.Personnel Complaint Policy.

(a)

Purpose. The purpose of these rules is to set out how and where to file a complaint about the actions or behavior of an employee of the Texas Department of Public Safety in compliance with Texas Government Code §411.0195.

(b)

Applicability. The policies and procedures described in this subchapter apply only to complaints made against an employee of the department either by another employee of the department or by a member of the public.

(c)

Definitions. The following words and terms, when used in this subchapter, shall have the following meanings unless the context in which the word or term is used clearly indicates otherwise:

(1)

Complaint - a written statement of allegations against an employee of the department made by a member of the public or another department employee which alleges one or more of the following:

(A)

an infraction of department rules, regulations, or policies; or

(B)

an illegal act.

(2)

Complainant - a person who files a complaint.

(3)

Department - the Texas Department of Public Safety.

(d)

Filing a Complaint.

(1)

Persons desiring to make a complaint must understand the importance of submitting their complaint in writing with signature affixed. (The Texas Government Code §614.022 provides that all complaints to be considered on law enforcement officers must be made in writing and signed by the person making the complaint.) If a complainant makes a complaint orally or by e-mail, he or she will be requested to submit the complaint in writing with their signature affixed, and given the necessary form and instructions to file the complaint. Complaint forms may be obtained from any department office or on the internet at the department's web page (www.txdps.state.tx.us).

(2)

The completed and signed complaint may be filed with the employee's supervisor by United States mail or personal delivery, or by United States mail at Texas Department of Public Safety, Internal Affairs Unit, Box 4087, Austin, Texas 78773-0160.

(3)

The name, mailing address, and telephone number of the person to whom the complaint should be directed may be obtained by calling:

(A)

the department at its headquarters in Austin, Texas at (512) 424-2000, or

(B)

by contacting any department office.

(4)

A complaint should contain the following information:

(A)

name, mailing address, and telephone number of the complainant;

(B)

the name of the employee about which the complaint is being filed or sufficient information to enable the department to identify the employee; and

(C)

a concise statement of the nature of the complaint, including all relevant facts.

(5)

A summary of the department's complaint investigation process is available on the department's web page. A copy will be provided to any person who requests a complaint form or files a written complaint.

(e)

Complaint Investigation and Resolution Procedures.

(1)

A complete description of the department's complaint investigation, resolution, and appeal procedures may be found in Chapter 7A of the Department's General Manual which is on file with the Texas State Library located in Austin, Texas. A summary of this information is available on the department's web site.

(2)

All written complaints filed with the department will be investigated thoroughly, objectively, and expeditiously. The complainant will be notified that the complaint is to be investigated, and the complainant will be contacted personally by the investigator if at all possible to discuss the complaint allegations in detail.

(3)

The complainant and employee will be informed in writing of the resolution of the complaint.

(4)

If the complaint investigation process is not complete within 90 days of the complaint being filed, the complainant and the employee will be notified of the complaint's status on a quarterly basis until final resolution.

(f)

Anonymous or Unwritten Complaints. A complainant refusing to file a written complaint or who makes an anonymous complaint, does not necessarily prevent an investigation from being initiated on the facts provided. However, unwritten or anonymous complaints do cause the matter to be more difficult to process to an effective conclusion.