Texas Local Government Code 157.904 – Personnel Records of Certain Sheriff’s Departments
Current as of: 2024 | Check for updates
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(a) This section applies only to a sheriff’s department in a county with a population of 3.3 million or more.
(b) In this section, “employee record” means any letter, memorandum, or document maintained by the department that relates to a department employee.
Terms Used In Texas Local Government Code 157.904
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Population: means the population shown by the most recent federal decennial census. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) The sheriff or the sheriff’s designee shall maintain a permanent personnel file on each department employee. An employee’s permanent personnel file must contain any employee record relating to:
(1) a commendation, congratulation, or honor bestowed on the employee by a member of the public or by the department for an action, duty, or activity that relates to the employee’s official duties;
(2) any misconduct by the employee if the employee record is made by the department and if the misconduct resulted in disciplinary action by the department; and
(3) the periodic evaluation of the employee by a supervisor.
(d) An employee record relating to alleged misconduct by an employee may not be placed in the employee’s permanent personnel file if the department determines that there is insufficient evidence to sustain the charge of misconduct.
(e) An employee record relating to disciplinary action taken against an employee or to alleged misconduct by the employee that is placed in the employee’s permanent personnel file shall be removed from the file if a court or an administrative body of competent jurisdiction, including the sheriff’s department civil service commission, determines that:
(1) the disciplinary action was taken without just cause; or
(2) the charge of misconduct was not supported by sufficient evidence.
(f) If a negative record of employee misconduct or other notation of negative impact is included in an employee’s permanent personnel file, the sheriff or the sheriff’s designee, not later than the 30th day after the date the record is included, shall notify the affected employee that the record has been included in the file. The employee may, not later than the 15th day after the date of receipt of the notification, file a written response to the negative employee record. The sheriff or the sheriff’s designee shall place the response in the employee’s permanent personnel file with the negative record.
(g) An employee is entitled, on request, to a copy of any employee record placed in the employee’s permanent personnel file. The department may charge the employee a reasonable fee not to exceed actual cost for copies provided under this subsection.
(h) The sheriff or the sheriff’s designee may not release an employee record or other information contained in an employee’s permanent personnel file without first obtaining the employee’s written permission, unless the release of the record or information is required by law.