More About the Police Complaint Process

FALSE COMPLAINTS

People who intentionally make false complaints or allegations against police officers violate 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 statement's meaning, he/she makes a false statement under oath or swears to the truth of 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 who commits an offense under this section can be charged with offenses ranging from a Class B Misdemeanor to a Felony of the Third Degree.  Punishments can range from confinement of 180 days in jail to 10 years of imprisonment and a fine not to exceed $10,000. 

This information is not intended to intimidate the complainant or any witness, but is provided to avoid retaliation against police officers or departmental staff.
WHAT HAPPENS WHEN A COMPLAINT IS FOUND TO BE TRUE? 
When the investigation of a complaint reveals that the 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 the employee;
  • Suspend the employee without pay;
  • Demote the employee; or
  • Discharge the employee. 

WHAT HAPPENS IF THE COMPLAINT IS NOT TRUE?

Police employees must be afforded certain rights the same as with all citizens and complaints must be supported by sufficient evidence.  If there is not sufficient evidence to sustain the complaint, the officer is notified and continues on duty.  If he was removed from duty during the investigation, the employee will be paid for that period. 

OFFICER CAN APPEAL THE DECISION

Just as citizens charged with criminal offenses can appeal a court's decision, police employees are afforded the right to appeal the actions taken against them.  The City of South Padre Island has established procedures for employees to follow in their appeals, just as the police department has established procedures for ensuring that complaints by citizens against police employees are thoroughly and impartially investigated.

WHAT IF YOU ARE NOT SATISFIED WITH THE DECISION?

If you are not satisfied with the results of the investigation by the Internal Affairs Unit, you may appeal to:
  • Office of the Chief of Police located at 4601 Padre Blvd., second floor, South Padre Island, TX 78597
  • Office of the City Manager located at 4601 Padre Blvd., second floor, South Padre Island, TX 78597
  • Cameron County District Attorney located at the Cameron County Court House, 974 East Harrison Street, Brownsville, TX 78520
  • Federal Bureau of Investigation located at 2305 Hudson Boulevard, Brownsville, TX 78526

The South Padre Island Police Department is vitally concerned with the welfare of all residents and visitors to South Padre Island.  The police department will take action where employees have been proven derelict in their duties or are guilty of wrongdoing.

Likewise, if you see an employee doing outstanding work, tell the employee or a police supervisor.  Your South Padre Island Police Department is made up of individuals who are dedicated to serving you and our community.