Guthery v. Taylor

In Guthery v. Taylor, 112 S.W.3d 715 (Tex. App.--Houston 14th Dist. 2003, no pet.), the court held that a written complaint under Subchapter B must be signed by the complaining victim, so that an internal report based on a citizen's complaint would be insufficient to satisfy Subchapter B. Id. In Guthery, the police department proposed disciplinary action against a police officer based on its investigation of a citizen's complaint against the officer. See 112 S.W.3d at 718-19. At issue was whether the applicable complainant was the chief of police or the citizen. See id. at 721. In holding that the citizen was the complainant, the court relied on section 143.123 of the Texas Local Government Code based on the statutes' similar nature, purpose, and legislative history. See id. at 722-23. In Guthery v. Taylor, the Fourteenth Court of Appeals analyzed whether a "Notice of Proposed Disciplinary Action," provided to a police officer by his superior officer after an investigation had occurred, constituted a "complaint" under Tex. Gov't Code sections 614.022 and 614.023. In Guthery, a citizen telephoned the Sugar Land Police Department to complain that an officer had damaged her front door. Id. at 718. After the police department determined that Guthery was the only officer at the citizen's house that night, the department conducted an investigation, and ultimately concluded that Guthery had caused damage to the citizen's property. Id. Taylor, the police chief, reviewed the investigation report and issued a signed "Notice of Proposed Disciplinary Action" to Guthery, informing him that Taylor intended to suspend Guthery for three days and requesting his presence at a meeting scheduled for six days later to respond to the allegations. Id. After the meeting, Taylor approved the suspension. Id. at 719. In determining whether the police department had violated sections 614.022 and 614.023 because Guthery never received a written complaint signed by the affected citizen, our sister court first looked to Local Government Code section 143.123, which governs the investigation of fire fighters and police officers in municipalities that have adopted civil service programs and which has a "similar nature" and purpose to section 614.022. Id. at 722; see Tex. Loc. Gov't Code Ann. 143.123 (Vernon 2008). Section 143.123 provides: "Before an investigator may interrogate a fire fighter or police officer who is the subject of an investigation, the investigator must inform the fire fighter or police officer in writing of the nature of the investigation and the name of each person who complained about the fire fighter or police officer concerning the matters under investigation. An investigator may not conduct an interrogation of a fire fighter or police officer based on a complaint by a complainant who is not a peace officer unless the complainant verifies the complaint in writing before a public officer who is authorized by law to take statements under oath." Tex. Loc. Gov't Code Ann. 143.123(f). The court noted that section 143.123 defines "complainant" as "a person claiming to be the victim of misconduct by a fire fighter or police officer." Guthery, 112 S.W.3d at 722 (quoting Tex. Loc. Gov't Code Ann. 143.123(a)(1)). Section 143.123 also explicitly requires complaints to be in writing and implicitly requires complaints to be signed, as complaints made by complainants who are not peace officers must be verified. See id. Ultimately, the court concluded that a "complaint," as used in sections 614.022 and 614.023, "must be signed and in writing to be the victim's complaint . . . ." Id. at 723.