Ordinance No. 14,149ORDINANCE NO. 14,149
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING A MEET AND CONFER AGREEMENT WITH THE
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.; AND PROVIDING
FOR THE EFFECTIVE DATE THEREOF.
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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 a Meet and Confer Agreement with the Baytown
Municipal Police Association, Inc. A copy of said agreement is attached hereto, marked Exhibit "A,"
and made a part hereof for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and 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 22"d day of August, 2019.
•• Walla• c
ATTE
LETICIA BRYSCH, Cit Jerk
APPROVED AS TO FORM:
NACIO �RAMIREZ, �Sr,t Attorney
cobfsO l IegahKarenTiles City Council Ordinances\2019Wugust 22W1eetandConferAgreement.doc
Exhibit "A"
AGREEMENT
Between
THE CITY OF BAYTOWN, TEXAS
And
BAYTOWN MUNICIPAL POLICE ASSOCIATION, INC.
October 1, 2019 -- September 30, 2022
TABLE OF CONTENTS
ARTICLE 1
INTENT AND PURPOSE.......................................................................................I
ARTICLE 2
AUTHORITY AND RECOGNITION.................................................................... I
ARTICLE 3
PREEMPTION PROVISION.................................................................................. I
ARTICLE 4
REIMBURSEMENT OF ACADEMY TRAINING TUITION...............................I
ARTICLE 5
PROBATIONARY PERIOD...................................................................................2
ARTICLE 6
SIGNING INCENTIVE...........................................................................................2
ARTICLE 7
ALTERNATIVE HIRING.......................................................................................2
ARTICLE 8
RELOCATION EXPENSES FOR NEW HIRES....................................................3
ARTICLE 9
CLOSING COST REIMBURSEMENT FOR POLICE OFFICERS ......................3
ARTICLE 10
DUES DEDUCTIONS...........................................................................................4
ARTICLE 11
COMPENSATION................................................................................................4
ARTICLE 12
OVERTIME...........................................................................................................5
ARTICLE 13
INTERNAL AFFAIRS COMPLAINT PROCEDURE.........................................6
ARTICLE 14
TERMINAL LEAVE.............................................................................................6
ARTICLE 15
FITNESS PROGRAM.....................................................................6
ARTICLE 16
COMPLETE AGREEMENT CLAUSE.................................................7
ARTICLE 17
SAVINGS CLAUSE.......................................................................7
ARTICLE 18
DURATION OF AGREEMENT.........................................................7
APPENDIX A
APPENDIX B
ARTICLE 1
INTENT AND PURPOSE
It is the intent and purpose of this Agreement, entered into by the City of Baytown, Texas, a
home rule municipality hereinafter referred to as the "City" and the Baytown Municipal Police
Association, Inc., hereinafter referred to as the "Association," to achieve and maintain harmonious
relations between the Parties related to working conditions and other conditions of employment in
accordance with Subchapter B of Chapter 142 Texas Local Government Code and not deny local control
by the City. The Agreement has been reached by the City and the Association, collectively hereinafter
referred to as the "Parties," through the process of Meet and Confer with the objective of fostering
effective cooperation between the City and its Police Officers.
ARTICLE 2
AUTHORITY AND RECOGNITION
The City recognizes the Association as the sole and exclusive bargaining agent for all covered
police officers as defined in Texas Local Government Code Section 143.003, excluding the employees
exempt under Section 142.058 (b) of the Police Department, hereinafter referred to as "Police Officers,"
pursuant to Texas Local Government Code, Section 142.051, et seq.
ARTICLE 3
During the term of this Agreement and to the extent of any conflict, the provisions of this
Agreement shall supersede the provisions of all contrary statutes, Executive Orders, local ordinances, and
rules, including for example and not by way of limitation, the contrary provisions of Texas Local
Government Code Chapters 141, 142 and 143, Ordinances of the City of Baytown, Texas, and the Rules
and Regulations of the Police and Firefighter's Civil Service Commission for the City of Baytown, Texas.
This preemption provision is authorized by Section 142.067 of the Texas Local Government Code, and
the Parties have expressly agreed that each and every provision involving or creating such a conflict shall
have the effect of superseding the statutory standard or result, which would otherwise be obtained in the
absence of this Agreement.
It is understood and agreed that unless specifically modified by this Agreement, the City's
Personnel Policies and Administrative Rules, the City of Baytown's Civil Service Rules and Regulations,
as well as the Baytown Police Department's Rules and Regulations and general and special orders shall
continue to apply to employees covered by this Agreement.
ARTICLE 4
REIMBURSEMENT OF ACADEMY TRAINING TUITION
Subject to the provisions of this article, a Police Officer who has completed a course of
instruction at an accredited peace officer academy within one (1) year of his/her hire date, shall be
reimbursed the cost of the academy tuition in an amount not to exceed $2,500 in accordance with this
article. This reimbursement shall be paid as follows: $750 within 30 days after successful completion of
the FTO program and the balance in equal monthly installments of $350 for the next five (5) months;
Meet and Confer Agreement, Page 1 of 10
provided, however, should the Police Officer fail to complete his/her probation period for any reason,
such Police Officer shall reimburse the City all monies paid to him/her pursuant to this article.
Reimbursement shall be made only if the Police Officer has expended his/her personal funds for such
instruction, has not been reimbursed .for the same by any governmental entity, and provides necessary
documentation, as determined by the City, for reimbursement.
ARTICLE 5
PROBATIONARY PERIOD
Any person initially appointed to any position in the class of Probationary Police Officer must
serve a probationary period beginning on that person's date of employment as a Probationary Police
Officer and ending twelve (12) months after the officer is sworn in as a Police Officer.
ARTICLE 6
SIGNING INCENTIVE
Subject to the conditions listed below, any person initially appointed to any position in the class
of Probationary Police Officer or Police Officer Trainee on or after the effective date of this agreement,
but no later than September 30, 2022, shall receive $1,500 as follows: $500 upon successful completion
of the FTO program and the balance in equal monthly installments until the end of the probationary
period for a total payment of $1,500; provided, however, should the Police Officer fail to complete his/her
probation period for any reason, such Police Officer shall reimburse the City all monies paid to him/her
pursuant to this article.
ARTICLE 7
ALTERNATIVE HIRING
Notwithstanding any provisions in Texas Local Government Code Chapter 143, the Parties have
agreed that the needs of the Police Department for qualified and capable personnel require the adoption
and implementation of these provisions to modify the hiring provisions in Texas Local Government Code
Chapter 143:
a. The City shall be authorized and entitled to hire peace officers from other law
enforcement agencies, or who have been employed by such agencies within the last six
(6) months and have left such employment in good standing, in accordance with the
provisions and limitations contained in this article.
b. For purposes of the pay scale, Police Officers, who (i) have experience in another law
enforcement agency as a peace officer, (ii) otherwise meet the qualifications for a Police
Officer in the Baytown Police Department, and (iii) are hired by the City, shall be
credited with up to nine (9) years of service, following certification as a Texas Peace
Officer, as follows:
Meet and Confer Agreement, Page 2 of 10
Number of Completed Years of
Service as a Peace Officer in the
Immediately preceding Law
Enforcement Agency
Credited Years of Service in the
Baytown Police Department
2
1
4
2
6
3
8
4
5
10
12
6
14
7
16
8
18
9
This service credit applies only to the pay scale and does not apply to City longevity,
seniority, or department seniority for the purposes of shift picks, vacation picks or
promotional opportunities.
C. The training program for officers hired under this article shall be determined by Chief of
the Police Department.
The expiration of this Agreement after the hiring of any officer shall not affect the employment of
such officer, irrespective of the fact that the officer may not have finished the academy or other training
programs or requirements. This Article shall supersede all contrary provisions in Texas Local
Government Code Chapters 141, 142 and 143, including Sections 143.021 143.025.
ARTICLE 8
RELOCATION EXPENSES FOR NEW HIRES
The City shall reimburse the cost of moving household goods and effects to the City of Baytown
for officers hired during the term of this Agreement, up to a maximum of $2,000. Moving reimbursement
is available only for moves from outside the city limits to inside the city limits of Baytown.
ARTICLE 9
CLOSING COST REIMBURSEMENT FOR POLICE OFFICERS
Existing City of Baytown police officers, residing outside the City limits wishing to move into
the City limits will be eligible for closing cost reimbursement of $2,000 to purchase a conventional home
within the City limits. This assistance will be provided only once to a police officer and only when the
police officer moves from outside the City limits and purchases a conventional home within the City
limits and establishes that home as his/her primary residence. Mobile homes, manufactured homes, and
homes purchased under a contract for deed will not be eligible for this benefit. A police officer, whose
home is annexed into the City after the effective date of this Agreement, will not be eligible for this
benefit. Reimbursement under this section will be paid after successful completion of the probationary
period.
Meet and Confer Agreement, Page 3 of 10
ARTICLE 10
DUES DEDUCTIONS
Upon receipt of a proper and signed authorization from an Association member and written
approval by the Association, the City will deduct from the Association member's pay, regular Association
dues in the amount set by the Association. The authorization shall be made on a form supplied by the
City. The Association shall notify the City of any change in the amount of regular dues.
ARTICLE 11
COMPENSATION
Section 1. Base Compensation.
Effective the first full pay period of October 2019, Police Officers covered by this Agreement shall
be paid base compensation as reflected by the chart in Appendix A, which is incorporated herein for
all intents and purposes.
Market is defined as Texas municipalities with police departments that fall under Texas Civil
Service Texas LGC 143 and have a population range of 75,000 to 350,000 excepting those
located in the counties contiguous with Mexico and located within the Texas Panhandle.
Comparative data will be aged with geographical differential applied and compared to the 65°i
percentile to determine market alignment.
Section 2. Certificate Pay.
Police Officers, who have completed the FTO program and have the following certifications, shall be
paid the following monthly certificate pay:
Certification ivionthh,
Intermediate
Certificate 11111V
$92.08
Advanced
$157.08
Master
$212.33
Section 3. Field Training Instructor Pay.
Police Officers who are appointed and assigned as Field Training Instructors shall receive additional
assignment pay of $125.00 per month.
Section 4. Education Pay.
Police Officers with a college degree shall be paid the following monthly incentive:
Associate's
$50
Bachelor's
$100
Master's
$125
Meet and Confer Agreement, Page 4 of 10
An Associate's degree must be specific to Policing, Criminal Justice or a closely related field as
approved by the Police Chief. Bachelor's and Master's degrees must be in Policing, Criminal
Justice, Public Administration, Business Administration, Emergency Management, Leadership, or
another field as approved by the Police Chief. Employees may receive only one of the above
education pay monthly incentives.
Section 1. Definitions.
section:
ARTICLE 12
OVERTIME
The following terms when used in this Article shall have the meanings ascribed to them in this
Additional Hours Worked means hours worked other than the hours of a regularly assigned shift.
Non -Worked Time means and includes all time and leaves not included as Time Worked.
Overtime Worked means Time Worked in excess of the number of hours as specified by the City
in accordance with the Fair Labor Standards Act for the Work Period of the employee.
Time Worked means and includes not only the hours worked as a Police Officer pursuant to this
Agreement during the Work Period but also all hours charged to the following leaves of absences during
the Work Period:
1. vacation leave,
2. holidays,
3. workers' compensation leave,
4. administrative absence with pay associated with workers' compensation, and
5. administrative absence with pay not associated with discipline.
Work Period shall be that period of time established by the City in compliance with the Fair
Labor Standards Act.
Section 2. FLSA Provisions.
The City will comply with the Fair Labor Standards Act, which provides overtime after an
employee works a specified number of hours in a designated work period. Only Time Worked will be
considered for purposes of computing overtime compensation.
The parties agree that the City has the right to require that overtime hours be compensated in the
form of pay or compensatory time, as determined appropriate by the Police Chief. Overtime compensated
monetarily shall be calculated in compliance with FLSA. Overtime compensated as compensatory time
shall be calculated at the rate of one and one-half hours for each hour of Overtime Worked. All overtime
to be worked must be approved in advance by the Police Chief or his designee.
Assistant Police Chiefs will not be exempt from payment of overtime in Year 1 and 2 of this
Agreement. Assistant Police Chiefs shall be exempt from payment of overtime beginning in Year 3 of
Meet and Confer Agreement, Page 5 of 10
this Agreement. The status of Assistant Police Chiefs, beginning January 1, 2018, as exempt from
payment of overtime shall survive after the expiration or termination of this Agreement and shall not
thereafter be subject to repeal, amendment or modification unless agreed to by the parties.
When leave classified as Non -Worked Time is taken or used by a Police Officer in the same
Work Period that the Police Officer earns Additional Hours Worked; Additional Hours Worked that do
not qualify for overtime under FLSA shall be paid hour -for -hour as compensatory time or regular pay, as
determined by the Police Chief.
The maximum number of hours of accrued compensatory time shall not exceed the cap
established in the City of Baytown Personnel Policy Manual. There shall be no pyramiding of overtime
under this Agreement, that is, hours shall not be paid for or credited to leave balances more than once.
Section 3. Preemption
To the extent that any provision of this Article conflicts with or changes Chapters 142 or 143 of
the Texas Local Government Code or any other applicable statute, executive order, or local ordinance or
rule, this Agreement shall supersede such provisions, as authorized by Chapter 142 of the Texas Local
Government Code.
ARTICLE 13
INTERNAL AFFAIRS COMPLAINT PROCEDURE
The Association and the City agree that the Internal Affairs Complaint Procedure issued on June
28, 2016 under Directive No. BPD-GO 08.03, which is attached hereto as Appendix B and incorporated
herein for all intents and purposes, shall be effective throughout the term of this Agreement.
ARTICLE 14
TERMINAL LEAVE
Sick Time Payout Upon Retirement,
A. Employees covered by this Agreement who retire while this Agreement is in effect will be
entitled to be paid $0.10 (ten cents) on the dollar for accumulated, unused sick leave provided
that they have at least 30 years of service with the City of Baytown.
B. This payout will be based on current salary and will be applied to sick leave amounts
remaining after the 120 payout authorized by City policy.
ARTICLE 15
FITNESS PROGRAM
It is agreed that no officer hired before October 1, 2019 will be terminated because of his/her
inability to meet the standards of the physical fitness rowing program. All officers are required to
participate in all aspects of the program. Failure to participate, without the approved waiver, may result
in disciplinary action.
Meet and Confer Agreement, Page 6 of 10
This article is not intended to preempt Texas Local Government Code Section 143.081.
ARTICLE 16
COMPLETE AGREEMENT CLAUSE
This Agreement constitutes the full and complete Agreement of the parties and there are no
others, oral or written, except as specified in this Agreement. It is understood and agreed that the
Agreement may be amended only by mutual consent of the Parties to this Agreement subject to the
provisions of Chapter 142 of the Texas Local Government Code.
ARTICLE 17
SAVINGS CLAUSE
Should any provision of this Agreement be found to be inoperative, void or invalid by a court of
competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect for the
duration of this Agreement, it being the intention of the Parties that no portion of this Agreement or
provision herein shall become inoperative or fail by reason of the invalidity of any other portion or
provision.
ARTICLE 18
DURATION OF AGREEMENT
This agreement shall become effective on October 1, 2019, after execution by the Mayor of the
City Council of the City after ratification by the affected employees pursuant to a vote conducted by the
Association and after approval by the City Council. It shall continue in effect until September 30, 2022,
unless terminated in accordance with Section 142.065 of the Texas Local Government Code.
IN WITNESS WHEREOF, THE PARTIES HAVE CAUSED TO HAVE THIS
AGREEMENT TO BE SIGNED BY THEIR DULY AUTHORIZED REPRESENTATIVES ON
THIS DAY OF 12019.
34" Vitt) M:�V 1161tii/��
BRANDON CAPETILLO, Mayor
ATTEST:
LETICIA BRYSCH, City Clerk
Meet and Confer Agreement, Page 7 of 10
BAYTOWN MUNICIPAL POLICE
ASSOCIATION, INC.
WILLIAM NELSON, President
ATTEST:
(Signature)
(Printed Name)
(Title)
Appendix A
YEAR 1
Patrol Officer
Year in rank
Annual
Salary
Probationary
$62 844
1
$66,918
2
$68, 926
3
$70,993
4
$73,123
5
$75,682
6
$78,331
7
$81,073
8
$83, 910
9
$87,464
Sergeant
Year in rank
Annual
Salary
1-2
$95,678
3-4
1 98,548
5+
1 101,533
Lieutenant
Year in rank
Annual
Salary
1-2
$112,163
3-4
$114,406
5+
$116,695
Assistant Chief
Year in rank
Annual
Salary
1-2
$139,462
3-4
$143,645
5+
1 $147,955
YEAR 2
Patrol Officer
Years in rank
Annual
Salary
Probationary
$65 044
1
$69,260
2
$71,338
3
$73,478
4
$75,682
5
$78,331
6
$81,073
7
$83,910
8
$86,847
9
$90,525
Seraeant
Annual
Year in rank
Salary
Yrs <3
$99,026
Yrs >3
$105,087
Lieutenant
Annual
Year in rank
Salary
Yrs <3
$116,089
Yrs >3
$120,779
Assistant Chief
Annual
Year in rank
Salary
Yrs <3
$145,040
Yrs >3
$153,873
YEAR 3
Patrol Officer
Years in rank
Annual
Salary
Probationary
$67 320
1
$71,684
2
$73,835
3
$76,050
4
$78,331
5
$81,073
6
$83,910
7
$86,847
8
$89,887
9
$93,694
Serqeant
Annual
Year in rank
Salary
Yrs <3
$102,492
Yrs >3
$108,765
Lieutenant
Annual
Year in rank
Salary
Yrs <3
$120,152
Yrs >3
$125,006
Assistant Chief
Annual
Year in rank
Salary
Yrs <3
$149,391
Yrs >3
$158,489
Appendix B
GENERAL ORDER
Directive No:
BPD-GO 08.03
Date Re-
06/28/2016
Issued:
Subject:
INTERNAL AFFAIRS — COMPLAINT
PROCEDURE
Replaces:
BPD - GO 08.03
dated 1111012010
Reference Best
2.04, 2.05, 2.06, 2.07, 2.09, 2.10, 2.14
Practices:
Reviewed By.
Chief of Police & Program Manager
Distribution:
A
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 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.
Page 1 of 1
BPD Form #203
BPD G.O. NO: 08.03
DATE ISSUED: 06/28/2016
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;
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.
Page 2 of 2
BPD G.O. NO: 08.03
DATE ISSUED: 06/28/2016
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 BlueTeam
computer database as soon as possible.
1. The supervisor taking the initial complaint shall access the BlueTeam database
through a link on the department Intranet, follow the on -screen directions, and
include all available information regarding the allegation provided by the complainant.
2. Upon completing the initial complaint in the BlueTeam database, 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
BlueTeam database.
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."
Page 3 of 3
BPD G.O. NO: 08.03
DATE ISSUED: 06/28/2016
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.
F. When applicable, the receiving supervisor should also:
1. Take digital or 35mm photos 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)
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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 review and number all new complaints entered into
the IAPro BlueTeam database. Any serious allegations will be forwarded to the Internal
Affairs Unit for investigation. Minor rule violations will remain in the BlueTeam 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 LA Unit. (BP 2.06)
E. Allegations of criminal misconduct may be referred to the Investigations Bureau 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 database IAPro 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 IAPro computer
database.
b. The IAPro administrator shall collaborate with the Chief of Police to set the
database parameters that will trigger an alarm if a complaint against an
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.
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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 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.
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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.
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.
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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, 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 computerized database Patrol Chronology, Internal Employee
Consultation, BPD Form #110, Employee Performance Notice, BPD Form #111, 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 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.
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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 shall:
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 (1801h)
day preceding the date the department head suspends the officer.
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.
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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.
REVIEWED BY:
Deanie King
Police Legal Advisor
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APPROVED BY:
C. Keith Dougherty
Chief of Police