Ordinance No. 15,900 ORDINANCE NO. 15,900
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS,AUTHORIZING THE YEAR 3 REOPENER AGREEMENT WITH THE
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
******************************************************************************
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
Mayor to execute and the City Clerk to attest to the Year 3 Reopener Agreement with the Baytown
Municipal Police Association, Inc., to establish base compensation for Year 3 of the Meet and
Confer Agreement, and to Amend Article 13, Internal Affairs Complaint Procedure.
A) A copy of the agreement to establish base compensation for Year 3 of the
Meet and Confer Agreement is attached hereto, marked Exhibit "A," and
made a part hereof for all intents and purposes; and
B) A copy of the agreement to Amend Article 13, Internal Affairs Complaint
Procedure is attached hereto, marked Exhibit "B," and made a part hereof
for all intents and purposes. Exhibit "B" consists of two (2) documents:
The Tentative Agreement to amend Article 13 Internal Affairs Complaint
Procedure, and the redlined version of the Amended Appendix B, Article
13 Amended Internal Affairs Complaint Procedure.
Section 2: This ordinance shall take effect on the first full pay period of October 2024,
after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 12`h day of September, 20
NI
r t ,,;, .` NDON CAP ETILL , Mayor
T EST: rr w 10
ANGELA CKS
AP
• "C4j OOOOOOTOCO) ��
ROVED A�TO OR �E.�S=
TT E ND, City Attorney
RAOrdinances and Resolutions\Ordinance Drafts19.12.2024 Year 3 Reopener Agreement-Meet and Confer%2.docx
EXHIBIT "A"
Year 3
Effective the first full pay period of October 2024
Police Officer
Year in Rank Base Annual Night Shift
Annual
Probationary $ 77,529 $ 78,304
1 $ 80,255 $ 81,057
2 $ 83,067 $ 83,898
3 $ 85,966 $ 86,825
4 $ 88,972 $ 89,862
5 $ 92,087 $ 93,008
6 $ 95,765 $ 96,723
7 $ 99,594 $ 100,590
8 $ 103,574 $ 104,610
Sergeant
Year in Rank Base Annual Night Shift
Annual
Yrs <3 $ 114,736 $ 115,883
Yrs >3 $ 121,767 $ 122,984
Lieutenant
Year in Rank Base Annual Night Shift
Annual
Yrs <3 $ 134,508 $ 135,853
Yrs >3 $ 139,937 $ 141,337
Assistant Chief
Year in Rank Base Annual
Yrs <3 $ 167,237
Yrs >3 $ 177,426
Police Officers who are assigned through the shift selection
process to the night shift for the patrol bureau shall receive
a 1%shift differential pay of the officer's pay. Shift
differential will not be paid to individuals working a night
shift for the patrol bureau on an occasional, non-routine
basis.
A-3
IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed on this day of
, 2024, by the Association and the day of , 2024, by the City.
CITY OF BAYTOWN BAYTOWN MUNICPAL POLICE
ASSOCIATION, INC
JASON REYNOLDS, City Manager CLAYTON BREEDING, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk Signature
Printed Name
EXHIBIT "B"
ARTICLE 13
INTERNAL AFFAIRS COMPLAINT PROCEDURE
The Association and the City agree that the Internal Affairs Complaint
Procedure issued on March 23, 2022 under Directive No. BPD-GO 08.03, is hereby
amended. The amended Internal Affairs Complaint Procedure is attached hereto
as Amended Appendix B and incorporated herein for all intents and purposes,
shall be effective throughout the remaining term of this Agreement.
AMENDED APPENDIX B
Ic BAYTOWN POLICEDEPARTMENT
BPD-GO
' 08.03
SECTION: ADMINISTRATION
TITLE: Amended Internal Affairs Complaint Procedure
ISSUED: Date Approved and Ratified Replaces: 08.03 (Issued 03/23/2022)
by City&Association
TX BP: 0• 2.05 2.06 2.07 2.09 2.10 2.14 Chief of Police
John Stringer
SCOPE: This policy is applicable to all members of the Baytown Police Department
RESPONSIBILITY: It shall be the responsibility of affected personnel to familiarize
themselves with and adhere to this written directive.
I. PURPOSE
1.01 The purpose of this directive is to inform all Civilian and Civil Service
employees of the Baytown Police Department procedures for addressing
complaints of misconduct.
II. POLICY
2.01 It is the policy of this department to investigate all complaints of alleged
employee misconduct, and to equitably determine whether the allegations are
valid or invalid and to take appropriate action.
III. DEFINITIONS
3.01 Administrative Complaint - A complaint that alleges the Police Department
employee violated a department policy and /or procedure.
3.02 Civil Service Employee — An employee as defined under Texas Local
Government Code, Chapter 143.
3.03 Civilian Employee — An employee not categorized as a Civil Service
employee.
3.04 Criminal Complaint - A complaint that alleges the Police Department
employee violated a statute that could result in a jail sentence and/or a fine.
3.05 External Complaint - An external complaint is any complaint initiated by a
member of the public, or any person outside the employment of the Baytown
Police Department.
3.06 Internal Affairs Unit - The office ultimately responsible for conducting
investigations into allegations of employee misconduct. The I. A. Unit is
directly under the direction of the Chief of Police.
3.07 Internal Complaint - An internal complaint is any complaint initiated by an
employee of the Baytown Police Department.
3.08 Interrogation - The specific questioning of an employee regarding alleged
criminal conduct in violation of a City, State, or Federal statute where
Constitutional protections apply.
3.09 Personnel Complaint - A personnel complaint is any charge of misconduct
against an employee, which, if true, would adversely affect the department's
Page 1 of
DEPARTMENT •O ..O
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
operational efficiency or relations with the public and / or fellow City of
Baytown employees. The complaint may be internal or external, and includes
but is not limited to a formal complaint, a citizen's concern, and a department
initiated review of an incident.
3.10 Questioning / Interview - The questioning / interview of an employee
regarding the violation of an internal policy or procedure, or other employee
rule, where the employee is required to respond as a condition of
employment.
IV. PROCEDURES
4.01 Supervisor's Role
A. The primary responsibility for maintaining and reinforcing employee
conformance with the standards of professionalism and conduct of this
department shall be with the employee and the first line supervisors.
B. Should the violation involve an incident of a serious nature (see section
C-1 below), the supervisor detecting the violation or potential pattern of
misconduct shall, as soon as practical, relieve the employee of their
duties and order them to report to the central police station.
C. As soon as practical, the sergeant / first-line supervisor shall notify the
lieutenant, and then the lieutenant shall notify the effected Bureau
Commander. In the event the lieutenant is unavailable, the sergeant shall
notify the Bureau Commander. The Internal Affairs Unit may be notified
immediately through computer electronic mail or other method at the
Bureau Commander's discretion, but within twenty-four (24) hours of
receiving notification of the violation. The Bureau Commander shall
determine the seriousness of the violation and, if warranted, shall relieve
the offender from duty and take custody of his / her badge, credentials,
city-issued firearm, and vehicle if applicable. The offender will be
instructed to report to the office of the Chief of Police or his designee at a
time determined by the Chief of Police or his designee. (Refer to section
3.08 of Code of Conduct BPD G.O. # 1.02) (BP 2.07)
1. The Bureau Commander shall immediately relieve the offending
employee from duty in any of the below listed violations:
a. Drinking of an intoxicating beverage while on duty (except where
approval has been granted by a Bureau Commander due to a
special assignment);
b. Showing up for work under the influence of alcohol or drugs of any
kind;
c. Willful disobedience of any lawful order issued to him / her;
d. Unnecessary violence toward any person;
e. Sleeping on duty;
f. Disrespect shown to a supervisor or acting supervisor;
g. Accepting a bribe;
h. Cowardice;
i. Conduct subversive to the good order and discipline of the
department;
DEPARTMENT POLICIES AND PROCEDURES
Page 2 of
12
— ..._..---------
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
j. Gross Misconduct; or
k. Lying to a supervisor or acting supervisor. (BP 2.14)
D. A written report of the incident shall be submitted by the supervisor, who
shall also be present at the office of the Chief of Police, or his designee
at the time the offender reports.
E. Supervisors shall familiarize themselves with the employees in their
charge, and closely observe their general conduct and appearance on a
daily basis and direct adjustments when appropriate and necessary.
F. The supervisor may use and document counseling as follows:
1. To determine the extent of any personal or job problems that may be
affecting performance and to offer assistance and guidance;
2. To discuss minor and infrequent rule violations, and to discuss the
substance and importance of the rules with the employee;
3. To refer the employee to a peer that may be able to provide
assistance or counsel; or
4. Referring or making the employee aware of, or directing them to, the
City's Employee Assistance Program or other formal professional
service, remedial training, or other training that may assist the
employee.
4.02 Complaints
A. All complaints pertaining to departmental policies or procedures, or those
that allege employee misconduct shall be documented and investigated
by the department. (BP 2.04, 2.06)
1. Complaints may be received in person, over the telephone, by mail,
or computer e-mail.
2. Anonymous complaints, or complaints from citizens who wish their
names to be held in confidence, shall be accepted for investigation. If
the anonymous complaint can be substantiated through investigation,
the Administration of the Baytown Police Department may become
the complainant and will verify the complaint in writing.
a. Any complaint that is not received in writing and/or is not signed,
or the complainant's identity cannot be verified, cannot be
considered by the Chief of Police regarding disciplinary action.
(Refer to H.B. No. 639, Subchapter B, Sections 614.022 and
614.023)
B. Any supervisor of the department who is approached for such assistance
may accept internal or external personnel complaints.
1. Citizens wishing to make a personnel complaint between 0800 and
1600 may be referred directly to the Internal Affairs Unit for assistance
if they are available. However, first and second line supervisors
should make all reasonable efforts to resolve complaints that are
considered minor or common such as rudeness, speeding, etc.
C. The supervisor receiving the complaint shall document the complaint in
the departmentally approved software tracking system as soon as
possible.
DEPARTMENT POLICIES AND PROCEDURES
Page 3 of ,
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 1 08.03
1. The supervisor taking the initial complaint shall access the
departmentally approved software tracking system and include all
available information regarding the allegation provided by the
complainant.
2. Upon completing the initial complaint in the departmentally approved
software tracking system, the supervisor shall print a copy of the
complaint and provide it without cost to the complainant as a receipt
that the allegation has been received for investigation. (BP 2.10)
3. After completing any follow-up, as outlined in section 4.03
(Investigations by a Supervisor), the complaint shall be forwarded
through the chain-of-command, via the departmentally approved
software.
D. In the event the computer is malfunctioning or otherwise unavailable, the
complaint shall be submitted to the Internal Affairs Unit in writing on the
Personnel Complaint Form, BPD Form #140.
1. The supervisor taking the complaint will fill out the top half of the form,
getting the appropriate information from the complainant.
a. If the complainant is present, have them write a brief statement of
the incident about which he or she is complaining. Additional
sheets of paper may be attached to the original complaint
document.
b. The written statement may be dictated to the supervisor receiving
the complaint, typed on a typewriter or computer, or handwritten
by the complainant as is their preference. The supervisor shall
review the statement for attention to detail and clarity before the
complainant signs the statement.
c. Once the supervisor and complainant have reviewed the
statement,the complainant should read the warning about
false reports to a police officer and then sign and date the
form.
2. If the complaint is taken over the phone or by any means other than
in person, the supervisor shall complete the narrative portion of the
complaint entitled "Nature of Complaint."
3. The supervisor taking the complaint shall complete the "Complaint
received by" section of the form and show location and/or extension
where the complaint was received.
4. After completing the Personnel Complaint form, the supervisor shall
promptly forward the complaint to the Internal Affairs Unit before
completion of their duty shift.
a. The submission of the complaint in writing will be
accomplished by placing the document under the door to the
office of the Internal Affairs Unit.
E. The supervisor may attempt to resolve a complaint by an explanation of
departmental policies and procedures, where applicable. Attempts to
resolve complaints may be noted on a separate narrative sheet of paper
and attached to the Personnel Complaint Form.
POLICIESDEPARTMENT AND PROCEDURES
Page 4 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE �08.03
F. When applicable, the receiving supervisor should also:
1. Take photographs of injuries or damaged property; and
2. Get medical releases signed, in duplicate, for each doctor or hospital
treating an injured complainant.
G. The supervisor receiving the complaint shall notify the Chief of Police as
soon as practical, when the complaint involves an allegation of a serious
nature such as, but not limited to: (BP 2.07)
1. A citizen dying in police custody or as a result of police action;
2. A citizen becoming seriously injured, and /or hospitalized due to the
actions of an employee;
3. A fleet accident or other incident where a citizen is injured or property
damage is significant;
4. A felony criminal allegation against an employee;
5. An employee being relieved of duty; or
6. Other circumstances that may result in additional inquiries made by
the public and /or media representatives.
H. Minor or common complaints alleging the violation of policies or
procedures such as rudeness or speeding, etc., does not require the
immediate notification of the Chief of Police. (BP 2.07)
4.03 Investigations by a Supervisor
A. Upon becoming aware of or receiving notification of potential misconduct
by an employee, a supervisor shall begin an immediate investigation into
such allegations. The types of complaints that may be handled by the
front line supervisors are those that are related to but not limited to
rudeness, tardiness, insubordination, and uniform or equipment
violations, or procedural violations. (BP 2.06)
B. The supervisor's investigation shall include questioning the employee,
witnesses and complainant(s), and securing all relevant evidence if
possible.
C. Prior to his / her duty shift ending, the supervisor shall forward the
complaint and any follow-up investigation to the Bureau Commander, via
chain-of-command.
4.04 Responsibilities of Internal Affairs Unit (I.A.)
A. While investigating a complaint of misconduct, the Internal Affairs Unit is
delegated the authority of, and reports directly to, the Chief of Police for
the purposes of directing and reviewing any investigation.
1. The Chief of Police shall be granted unlimited access to all Internal
Affairs hard files or computer databases, except for specific files
where the Chief of Police is the subject of the investigation.
B. Internal Affairs shall have primary supervisory responsibility for the review
and investigation of all complaints against employees, whether initiated
by a citizen or the department. (BP 2.06)
C. Upon receipt of a complaint, an initial determination whether to assume
primary investigative responsibility for the case or to refer it to an
appropriate supervisor shall be made. The Internal Affairs Unit shall
POLICIESDEPARTMENT PROCEDURES
Page 5 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 1 08.03
review and number all new complaints entered into the departmentally
approved database. Any serious allegations will be forwarded to the
Internal Affairs Unit for investigation. Minor rule violations will remain in
the departmentally approved database for assignment. A supervisor's
investigation may be ordered stopped at any time, and full investigative
authority assumed by the I.A. Unit. (BP 2.06)
D. Allegations of misconduct that could result in discharge, suspension, or
demotion shall be investigated by the I.A Unit. (BP 2.06)
E. Allegations of criminal misconduct may be referred to the Investigations
Division for investigation, but the Internal Affairs Unit shall be advised of
the investigation.
F. Upon receipt of a citizen's complaint, the I.A. Unit shall contact the
complainant and advise them that the allegation is under investigation,
and that the complainant shall receive written notice of the final
disposition of the case. I.A. shall advise the complainant of departmental
procedures for the processing and investigation of citizen complaints. (BP
2.10)
1. The assigned Internal Affairs investigator or assigned supervisor shall
provide a periodic status report to each complainant, particularly
within ninety (90) days after the complaint is received if the
investigation has not yet been completed. (BP 2.10)
2. Upon conclusion of the investigation,the complainant shall be notified
in writing by the Internal Affairs Unit of the "conclusion of fact", or
complete results of the investigation. (BP 2.10)
3. This notification shall be accomplished by sending a letter to the last
known address of the complainant. The notification shall outline the
results of the concluded investigation to include the final disposition
of any allegation of misconduct made or discovered during the
investigation, as well as a contact number in the event of any
questions. (BP 2.10)
G. The Internal Affairs Unit shall have the following additional
responsibilities:
1. Maintenance of a complaint log;
2. Maintenance of a central file for complaints in secure file cabinets in
a location designated by the Chief of Police, kept in conformity with
state law;
a. The computerized departmentally approved database shall be
password protected and access limited as directed by the
Chief of Police. (BP 2.09)
3. Conducting a regular audit of complaints to ascertain the need for
changes in training, equipment, or policy;
a. An Internal Affairs Investigator shall be the administrator of the
departmentally approved computer database.
b. The departmentally approved database administrator shall
collaborate with the Chief of Police to set the database
parameters that will trigger an alarm if a complaint against an
POLICIESDEPARTMENT PROCEDURESAND
Page 6 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE i 08.03
employee exceeds the established limits for that employee,for
that category of complaint, use of force, fleet accidents, or
other established criterion for conduct and behavior.
4. Continually make available to the public, as well as City and
department employees, information on the procedure for registering
complaints against or to commend a Police Department employee.
This availability is accomplished by, but not limited to:
a. Placing Department approved brochures outlining the process
in public areas of the primary police buildings at 3200 North
Main Street and 220 West Defee Street;
b. Web page outlining process on the City of Baytown Internet
web site; and
c. Providing a specific extension and telephone number in the
regularly published telephone book.
5. Internal Affairs may recommend to the Chief that a case be referred
to the Harris County District Attorney's Office for criminal charges.
4.05 Refusal to comply with an order to answer such questions truthfully or fully
cooperate in the administrative investigation is viewed as refusing a lawful
order, which will subject the employee to additional discipline up to, and
including indefinite suspension. (BP 2.14)
A. Any required self-incriminating admission made during the interview may
only be used in subsequent administrative proceedings, and shall not
be used against the employee in subsequent criminal proceedings if
applicable. (Refer to Garrity v. New Jersey, 385 U.S. 493 (1967))
4.06 The employee may electronically record the interview / interrogation in any
manner(audio and /or video), but all equipment shall be furnished by the
employee, except that a power source at the interview/ interrogation
location may be used if available.
4.07 Counsel at Administrative Interview
A. Employees will be permitted to have an attorney, union or association
representative, supervisor, or other personal representative with them in
the room during any interview concerning allegations of misconduct by
the employee.
B. The employee's representative is limited to acting as an observer of the
interview. Except when the interview focuses on, or leads to evidence of
potential criminal activity by the employee, an employee's legal
representative may not advise and confer with the employee during the
interview.
C. The employee's representative will not be permitted to actively participate
in the interview regarding an administrative investigation.
4.08 Special Examinations
A. An employee under investigation may request a breath test, blood, urine,
polygraph, psychological, or medical examination if it is believed that such
an examination would be beneficial to his or her defense. Also, the
department may require such examination upon the direction of the Chief
DEPARTMENT POLlCIES AND PROCEDURES Page 7 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
of Police.The requesting party is responsible for any cost associated with
the request.
B. An on-duty supervisor shall order an employee to submit to a breath,
blood, or urine test when a level of inebriation or drug usage is suspected
as the factor directly related to duty performance or operating a
department vehicle. The Police Department employee is expected to
comply with such an order (Refer to Command and Control BPD G.O. #
1.03, section 3.02-D and Chapter 4, section 4.09 of Baytown Local Civil
Service Rules.).
C. Police Department employees may be required to voluntarily provide a
financial disclosure statement when specific and narrowly defined
parameters are established that outline the focus of the investigation.
1. In the event the Police Department employee refuses to provide the
financial statement, the investigator may attempt to obtain a court
order so as to produce the information.
2. When the request for the financial records is in reference to an
administrative investigation only, the police department employee
cannot refuse the order to produce the records.
D. If an identification line-up is solely for administrative purposes, and
criminal prosecution is not anticipated, an employee can be required to
participate in a line-up. However, whenever possible, the employee
images that are digitally maintained by the department can be used in lieu
of a physical line up for identification purposes.
E. Property belonging to the department is subject to inspection where the
employer has a reasonable suspicion that evidence of work-related
misconduct will be found therein. Property includes, but is not limited to,
vehicles, desks, files, and storage lockers.
F. In the event that the department orders a polygraph for an employee, the
complainant must also agree to submit to a polygraph and then pass the
examination, before the employee must take the examination.
1. The subject matter of the polygraph shall be confined to the internal
operations of the organization employing the employee, and only
administered when the complaint does not appear to be invalid based
on information available when the polygraph is ordered.
G. The Chief of Police or his designee may require the employee to submit
to a polygraph examination under section 614.063 of the Texas Local
Government Code if the Chief considers the circumstances to be
extraordinary, and the Chief believes that the integrity of a peace officer
or the organization is in question.The Chief of Police or his designee shall
provide the officer or non-sworn employee with a written explanation of
the nature of the extraordinary circumstances, and how the integrity of an
officer or the department, or the City of Baytown may be in question.
4.09 Employee's Rights during an Administrative Investigation conducted by the
Internal Affairs Unit
A. The department employee shall be notified of their Constitutional rights
and the specific allegations against them.
DEPARTMENT POLICIES AND PROCEDURES
Page 8 of
L. 12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
1. Notification will be in writing (but perhaps not verbatim) and will
include:
a. That the employee is the subject of an internal investigation
concerning allegations of administrative violations,
b. The specific allegation(s) of misconduct the employee must
answer to,
c. That the employee can be required within a specified time
period to answer all questions specifically, narrowly, and
directly related to the performance of his or her official duties,
and
d. That the employee can be required to answer these questions
truthfully and honestly. (BP 2.14)
B. The employee under investigation must receive the written notification at
least forty-eight hours prior to any interview or special examination.
C. When possible, interviews will be conducted while the employee is on
duty.
D. The interview will be held at the police station or at a location agreeable
to both parties.
E. An investigator should not conduct an interrogation or interview of a police
employee who is the subject of an investigation, or any part of the
investigation, at the employee's home without permission.
F. Before an investigator may interrogate a Police Department employee
who is the subject of a criminal investigation,
1. The investigator must inform the employee in writing of:
a. The nature of the investigation;
b. The specific allegation(s); and
c. The name of each person who complained about the
employee.
2. The investigator shall read the police employee the "Miranda" rights.
The provisions of Miranda v. Arizona (legal statutory warning) will be
adhered to throughout the interrogation.
G. An investigator may not conduct an interrogation of a Police Department
employee based solely on an allegation by a complainant who is not an
officer, unless the complainant verifies the complaint in writing by signing
the document.
H. An investigator may interrogate a police department employee about
events or conduct reported by a witness who is not a complainant without
disclosing the name of the witness.
I. Employees under investigation shall be treated professionally at all times
during the investigative process. No promise or reward shall be made by
members of the I.A. Unit as an inducement to answer any questions.
J. An Internal Affairs investigator may electronically record the interview in
any manner to include, but is not limited to, audio and / or video, but all
equipment needs shall be furnished by the investigator / department,
DEPARTMENT POLICIES AND PROCEDURES Page 9 of
12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 1 08.03
except that a power source available at the interview location may be
used by either the employee and /or the investigator.
K. Accused employees may contact the assigned investigator to ascertain
the status of the investigation of a complaint filed against them.
L. The accused employee shall be given an opportunity to explain his / her
actions to the Chief of Police prior to the imposition of any disciplinary
action.
4.10 Intervention
A. Supervisors should remain alert for indications of behavioral problems or
changes that may affect an employee's normal job performance. The
supervisor should document such information in the departmentally
approved computerized database with an Internal Employee Consultation
or an Employee Performance Notice, as they are crucial elements in the
detection and early intervention of potential problems.
B. Where a supervisor perceives that an employee may be having or
causing problems, the supervisor should assess the situation, determine
the most appropriate action, and attempt to work with the employee while
providing direction and assistance.
C. A supervisor should recommend and facilitate additional training to
refresh and reinforce an employee's skills, particularly when necessary
skills are found to be lacking.This is particularly noted regarding firearms
qualification in section X of Duty Weapons BPD G.O. # 7.02.
D. In the event the Internal Affairs Unit discovers a potential pattern of
behavior or conduct that could warrant intervention, the Internal Affairs
Unit or any Bureau Commander discovering a potential need for
intervention, should call for a meeting of all Bureau Commanders to
discuss intervention necessity and options.
E. The Internal Affairs Unit will provide to the Bureau Commander's meeting,
a brief synopsis of an employee's history known by Internal Affairs, as it
pertains to any complaints regardless of the finding. This synopsis should
also be supplied to the Disciplinary Review Board whenever it convenes.
A more detailed brief may be requested by the Bureau Commanders.
4.11 Command Action
A. Upon receipt of a supervisor's report concerning a violation of rules, the
Bureau Commander shall forward a copy to the Internal Affairs Unit.
B. Upon review of the case, the Bureau Commander may determine that
further investigation is required, and order such investigation.Where I.A.
has assumed responsibility for an investigation,the Bureau Commander's
investigation will be suspended.
C. After completion of all investigations, the Bureau Commander shall
forward to Internal Affairs a full report stating recommendations for
disposition of the case, along with the supporting evidence for such
recommendations.
4.12 Chiefs Action
A. Upon receipt of a supervisor's findings on a disciplinary matter, or upon
completion of an internal investigation, the investigating entity shall
POLICIESDEPARTMENT
Page 10
PROCEDURESAND
of 12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08 03•
submit findings to the Chief as to whether a violation has been sustained
according to the evidence.
B. The Chief shall review the report and supporting documents, and shall
give final approval of the disposition of the case as follows:
1. Sustained: Evidence sufficient to prove allegations.
2. Not sustained: The complaint can be neither proved nor disproved.
3. Exonerated: Incident occurred but was lawful or proper.
4. Unfounded: The available evidence does not support the complaint.
5. Policy Failure: Flaw in policy caused the incident.
6. Administratively Closed:
a. When an administrative inquiry has been conducted and no
misconduct is discovered;
b. the Chief of Police has reviewed the complaint and confirmed
that the case should be closed; or
c. the complainant failed to follow through with the complaint
process.
C. Upon final approval, the Chief of Police may:
1. Affix his actual or electronic signature to the case indicating its closure
with no action taken against the employee;
2. Return the disciplinary actions and / or remedial training
recommendations to the employee's supervisor for service and
execution of the decision; or
3. Convene the Disciplinary Review Board and provide the Board with
the probable cause and documentation, with which to discuss and
arrive at a consensus for the presentation of a discipline and / or
remedial action recommendation back to the Chief.
4.13 Time Limitations (BP 2.05)
A. Administrative Investigations will be completed within sixty (60) days.
1. The Chief of Police may grant extensions when an administrative
investigation cannot be completed within a sixty (60) day time frame
from when the complaint was first received.
2. For Civil Service employees only, there are no provisions available for
an extension of an alleged administrative violation beyond the 180
days from the time the incident is to have occurred.
B. Criminal Investigations will be completed with ninety (90) days.
1. The Chief of Police may grant extensions when a criminal
investigation cannot be completed within a ninety(90)day time frame
from when the complaint was first received.
C. If the act is allegedly related to criminal activity including the violation of a
federal, state, or local law for which the officer is subject to a criminal
penalty, the department head may not complain of an act that is
discovered earlier than the one hundred eightieth (18011) day preceding
the date the department head suspends the officer.
DEPARTMENT POLICIES AND PROCEDURES
Page 11
of 12
INTERNAL AFFAIRS COMPLAINT PROCEDURE 08.03
1. The department head must allege that the act complained of is related
to criminal activity.
2. Any desired extension of these limitations requires written approval of
the Texas Attorney General.
3. Only a criminal investigation may be extended with the approval of the
Attorney General.
4.14 Disciplinary actions will be in accordance with Texas Local Government
Code, Chapter 143,the City of Baytown Police Officers' and Firefighters' Civil
Service Rules and Regulations and the City of Baytown Personnel Rules as
well as any and all applicable Departmental Directives.
4.15 Appeals of disciplinary actions shall be presented and handled according to
the City of Baytown Personnel Policy; Discipline, Appeals, Grievances,
Chapter 10; in particular Sections 8 & 9; and Local Civil Service Rules
Chapter 12 when applicable.
APPROVED BY:
J. Stringer
Chief of Police
DEPARTMENT POLICIES AND PROCEDURES
Page 12
of 12
IN WITNESS WHEREOF the parties hereto have caused this agreement to be signed on this day of
, 2024, by the Association and the day of , 2024, by the City.
CITY OF BAYTOWN BAYTOWN MUNICPAL POLICE
ASSOCIATION, INC
JASON REYNOLDS, City Manager CLAYTON BREEDING, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk Signature
Printed Name