HOW ARE COMPLAINTS MADE?
Any person wishing to make a complaint may do so by coming to the Melissa Police Department between 8 AM and 5 PM, Monday through Friday. The Police Department is located at: 3411 Barker Avenue, Second Floor, Melissa, Texas 75454
TEXAS STATE LAW (Government Code 614.022) requires that all complaints against police officers be in writing and signed by the person making the complaint. Just as citizens who are arrested must be notified of the charges against them, police officers must be given copies of complaints before any disciplinary action may be taken. The person who claims to be aggrieved must make the complaint. Other persons involved in the incident may give statements as witnesses.
Traffic tickets issued or differences of opinion between police officers and citizens over the issuance of traffic tickets for the guilt or innocence of persons arrested will not be investigated unless there are specific allegations of misconduct against members of the department.
The Melissa Police Department prohibits its officers from engaging in racial profiling. A person wishing to make a complaint in reference to alleged racial profiling by a Melissa Police Officer should follow the complaint process outline in this document.
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 Melissa 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 3411 Barker Ave., second floor, Melissa, TX ;
- Office of the City Administrator located at 3411 Barker Ave., second floor, Melissa, TX ;
- Collin County District Attorney located at the Collin County Court House, 2100 Bloomdale Rd., McKinney, TX ;
- Federal Bureau of Investigation located at 850 Central Parkway, East, Suite 200, Plano, TX.
The Melissa Police Department is vitally concerned with the welfare of all residents and visitors to Melissa. 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 Melissa Police Department is made up of individuals who are dedicated to serving you and our community.To submit a compliment, please email Chief Duane Smith.