Sunset Advisory Commission Staff Report: Texas Parks and Wildlife ...

The Parks and Wildlife Commission does not have a direct
connection to Internal Affairs, limiting its awareness of
problems within the agency.
Although the Parks and Wildlife Commission has ultimate responsibility
to ensure the public is treated fairly by agency personnel, the Internal
Affairs Office has no formal connection to the Commission. Because
Internal Affairs does not report to the Commission, the policymakers
may not be aware of trends that could be useful in managing the
Department and improving policy. While the Executive Office does
receive this information, the lack of knowledge or analysis of internal
affairs investigations could affect the Commission’s ability to effectively
oversee the agency and identify potential problems with agency policy,
training, or supervision.
Without a formal tie between Internal Affairs and the Parks and
Wildlife Commission, an executive director could potentially quash an
investigation. Because the IA reports to the Executive Office and must
have investigations approved by the executive director, in theory the
executive director could sideline or cover up investigations that might
prove embarrassing. Because agency policy provides that only the executive
director may initiate investigations, the Parks and Wildlife Commission
does not have the authority to order an investigation, including one of the
executive director.
•••
The statutes of
Texas’ other major
law enforcement
agencies require
establishment of
internal affairs
functions.
Other state agencies have internal affairs functions that are
established in statute.
The statutes of Texas’ other major agencies with statewide law
enforcement jurisdiction – the Department of Public Safety (DPS) and
the Texas Alcoholic Beverage Commission (TABC) – both require the
establishment of internal affairs functions. The statutes also establish
that the internal affairs offices have original jurisdiction over complaints
involving employees and require the internal affairs offices to report
information to their respective commissions. DPS’ statute provides that
the Director or Public Safety Commission may initiate investigations. The
TABC statute provides that the Office of Internal Affairs may self-initiate
investigations of complaints, but only TABC executive management may
initiate investigations of personnel in cases where a complaint has not
been filed.
The Texas Legislature has also required three state agencies – Texas
Health and Human Services Commission,Texas Youth Commission, and
Texas Department of Criminal Justice – to employ an inspector general
who has functions very similar to internal affairs offices. The Governor
appoints the Inspector General of the Texas Health and Human Services
Commission, who is tasked by statute with investigating fraud and abuse
in the programs overseen by the Commission. State law requires the
Inspector General of the Texas Youth Commission (TYC) to report
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Texas Parks and Wildlife Department
Sunset Staff Report
Issue 3 November 2008