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Complaint Investigation and Resolution

Overview

Any person expressing a desire to file a formal complaint against a Texas Parks and Wildlife Department (TPWD) employee or concerning a TPWD action should submit a written complaint to the TPWD Office of Internal Affairs (OIA). Complainants are requested to use the general Complaint Form PWD-185 (see How to File a Complaint) when filing formal complaints. This form will be used by OIA staff to record and formalize oral complaints made to the office. If sufficient information to constitute a formal complaint is contained in a written document signed by the complainant, it may be accepted in place of the PWD-185.  The formal complaint should include as much detail as possible regarding the alleged improper action, including reference to the specific TPWD policy, rule, law, or regulation that may have been violated. The Texas Government Code, Section 614.022, provides that all complaints to be considered on law enforcement officers must be in writing and signed by the person making the complaint.

Persons complaining orally, or by E-mail, will be requested to submit their complaint in writing with their signature affixed if the complaint is on a TPWD commissioned peace officer.  Certified digital signatures will be accepted.

A person refusing to make a written complaint or who makes an anonymous complaint does not necessarily prevent an investigation from being initiated on the facts provided but does cause the matter to be more difficult to process to an effective conclusion.

Upon receipt of a complaint, a notification will be prepared and sent via mail or email to the complainant informing him or her that the complaint is to be investigated and that they will be contacted personally, if at all possible, by the investigator to discuss in detail the allegation(s) made against the Department employee.

Department policy and the Texas Government Code both require a copy of the formal complaint be presented to the employee within a reasonable time and before any disciplinary action may be imposed.

OIA reviews all complaints and allegations that are received by OIA. The OIA Director may notify the Human Resources Division Director, the appropriate Division Director, and/or their designee of misconduct allegations made against a division employee when appropriate.

IA forwards any complaint deemed to be the responsibility of division management or supervision to the appropriate Division Director for a prompt and timely response.

Process and Tracking

OIA will maintain a record of formal complaints received and investigated by OIA. The complainant and the employee will be given written notification of the outcome of the investigation. If the process is not complete within 90 days, a status notification will be sent to both the complainant and the employee quarterly until the case is closed.

Special investigations by OIA may be authorized by the Executive Director as being in the best interests of TPWD. Generally, this will occur when it appears the presenting circumstances would be best addressed by the special skills of an Internal Affairs Investigator rather than a line or general management employee. The Executive Office will be involved in helping to make these decisions to the extent practical and appropriate.

Findings

  1. Exonerated: The alleged incident did occur, but the actions of the officer were justified, legal and proper.
  2. Sustained: The investigation disclosed sufficient evidence to prove the allegation.
  3. Not Sustained: The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation.
  4. Unfounded:
    1. The alleged incident did not occur; or
    2. There is insufficient information to conduct a meaningful investigation.

The decision to take disciplinary action on an employee as a result of an OIA investigation will be determined by the Human Resources Division Director and the appropriate Division Director of the employee who was investigated.

Providing False Information

The OIA Director notifies the Human Resources Division Director and the appropriate Division Director if, during the investigation of a complaint or administrative inquiry, it is found that ANY involved party deliberately provided false information. When false information is provided by the employee, the employee’s Division Director will determine the appropriate disciplinary response.  If a complainant or employee deliberately gives false information during an investigation, with the approval of the OIA Director, this information can be presented to the appropriate prosecutor under the appropriate Texas statutes.

Withdrawing a Complaint

A complainant wishing to withdraw a complaint must submit a written request to OIA. The OIA Director will review the withdrawal request and determine whether the original complaint warrants continued investigation. If the investigation is suspended or terminated, the OIA Director will notify the Executive Director accordingly.

Please review the FAQs above before starting the formal complaint process.

Contact Information

Texas Parks and Wildlife
Office of Internal Affairs
4200 Smith School Road
Austin, TX 78744

Phone: (512) 389-4748

Email: complaintsorcompliments@tpwd.texas.gov

Internal Affairs Complaint Resources

FAQ’s PDF

How to File a General Complaint or Compliment

PWD-185 TPWD Complaint Form

PWD-1452 TPWD Compliment Form

ADA Accessibility Complaint Resources

Internal Affairs does not process ADA Accessibility complaints. ADA complaints should follow the procedures set forth by the TPWD ADA Coordinator.

Email: Accessibility@tpwd.texas.gov

PWD-1164 ADA Accessibility Complaint Form