Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number September 29, 2023 September 29, 2023 Fourteen Appendix A Subject Office Citizens Advisory Action Board...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number September 29, 2023 September 29, 2023 Fourteen Appendix A Subject Office Citizens Advisory Action Board Sheriff’s Administration References Enclosures Collective Bargaining Agreement None (Febuary 8, 2022 to September 30, 2025) Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees New Appendix September 29, 2024 9 Approved by: Javier Salazar, Bexar County Sheriff 14A.01 POLICY The Bexar County Sheriff's Office (BCSO) is accountable for all official acts of its employees and is amenable to citizen’s complaints concerning its personnel as a means of correcting undesirable behavior and improving service to the community. Therefore, the BCSO holds its employees to a high standard of conduct and discipline. An open and positive relationship with the citizens of this community must be preserved through transparency, thereby fostering an essential relationship of trust and confidence with the community and the BCSO. 14A.02 PURPOSE This policy establishes a process to present significant administrative investigations to the Citizens Advisory Action Board (CAAB) for review and recommendations. The administrative investigations involve allegations of misconduct and suspected violations of BCSO policies by sworn personnel. 14A.03 DEFINITIONS A. ADMINISTRATIVE INVESTIGATION - An investigation conducted by the Internal Affairs section of an allegation of misconduct that is non-criminal in nature that could result in disciplinary action or termination. B. ADMINISTRATIVE REVIEW - A review conducted by the Internal Affairs section of an allegation of misconduct to determine if an administrative investigation or a criminal investigation should be conducted. C. COLLECTIVE BARGAINING AGREEMENT (CBA) - A written legal contract between an employer and a union representing the employees. The CBA is the result of an extensive negotiation process between the parties regarding topics such as wages, hours, discipline, and terms and conditions of employment. D. MINOR MISCONDUCT - Slight variances to BCSO policies, procedures, responsibilities, and expectations that are non-criminal in nature. 1 14A.04 ESTABLISHMENT OF THE CITIZENS ADVISORY ACTION BOARD As required by the CBA (February 8,2022 through Spetember 30, 2025), the CAAB is hereby established, subject to the duties and limited powers set forth herein. 14A.05 PURPOSE OF THE CITIZENS ADVISORY ACTION BOARD The purpose of the CAAB is: A. To assure timely, fair, impartial, and objective administrative review of complaints against sworn personnel, while protecting the individual rights of all employees. B. To provide transparency in law enforcement and thereby fostering trust between the community and the BCSO. C. To provide independent recommendations to the Sheriff for discipline or remedial training, which the Sheriff may consider in making his final disciplinary decisions. D. To provide a forum where complainants and witnesses are able to give testimony on either side of a complaint in an environment where they feel safe from intimidation or the perception of intimidation from any source. 14A.06 AUTHORITY OF THE CITIZENS ADVISORY ACTION BOARD A. The CAAB shall be authorized to hear and review all significant administrative investigations against sworn personnel as defined herein. They shall also be authorized to hear and review investigations when requested by a complainant, the respondent deputy, or the Sheriff. In all investigations reviewed, they shall make recommendations prior to disciplinary action being taken by the Sheriff. However, all parties understand that there will be circumstances, where the hearing of complaints may be after initial disciplinary action is taken, which would include investigations nearing the time limits for discipline. This provision shall not change the applicable deadlines for taking disciplinary actions. B. The CAAB’s role shall be advisory only. The recommendations shall be to the Sheriff for matters within the Sheriff’s statutory authority and prerogatives, including, the discipline of deputies. The CAAB members shall have no authority to conduct any investigations independently. C. The CAAB does not have the authority and shall not interfere with or diminish the legal rights of sworn personnel, including those rights protected under the CBA, Civil Service Commission, and State and Federal law. D. Significant administrative investigations shall not include line complaints that are handled by supervisors or investigations, denoted as minor, in the disciplinary matrix currently in effect. Matters of that nature are within the authority of the CAAB to review if the investigation involves a continuing pattern of such misconduct, which shall be determined by the Chair, after his/her consultation with the Assistant Chief for the Internal Affairs section. Significant administrative investigations will include all investigations where the alleged, suspected, or investigated misconduct includes the use of force, abuse of law enforcement authority, or violation of the constitutional or legal rights of a citizen, member of the public, or prisoner. 2 E. Except as otherwise provided by the CBA, the Sheriff retains all management rights and authority over the process of administrative investigations of alleged misconduct by sworn personnel that could result in disciplinary action. The Sheriff retains final authority over any disciplinary action or decision not to impose disciplinary sanctions, subject only to appeal under state law and any provisions of the CBA. Employees are expected to follow these policies and procedures in executing their duties as outlined in the Sheriff’s Manual of Policy and Procedures. Failure to adhere to these policies and procedures may result in disciplinary action. F. In the event the CAAB’s recommendation differs from that of the Sheriff or his designee, the Sheriff or his designee shall meet with the CAAB and may review the CAAB’s recommendation in closed session and discuss the outcome. 14A.07 COMPOSITION OF THE CITIZENS ADVISORY ACTION BOARD The Commissioners Court of Bexar County shall appoint all voting members of the CAAB that provide active citizen participation and recommendation on “significant administrative investigations.” A. The CAAB shall be comprised of ten (10) appointees of eligible citizens appointed as set forth below: 1. The members of the CAAB shall be appointed by the Bexar County Commissioners Court, with each County Commissioner recommending two (2) members and the County Judge recommending two (2) members. The Chair of the CAAB shall be appointed by the Commissioners Court. 2. Citizens appointed to serve on the CAAB shall meet the minimum requirements for eligibility established under state statute for service on the Bexar County Sheriff’s Civil Service Commission and shall take an oath of office as members of the CAAB. 3. CAAB members may not have been a party to any civil action against any Deputy, Detention Officer, the Sheriff or Bexar County in the previous five (5) years, or file a civil action against any Deputy, Detention Officer, the Sheriff or Bexar County during their term on the CAAB. 4. In addition, no person shall be appointed to serve on the CAAB who has been indicted for a felony or a crime of moral turpitude, or officially charged with a Class A or B Misdemeanor. 5. It is the intent and purpose of these provisions that individuals selected shall be capable of objective review and evaluation of various aspects of law enforcement that are involved in disciplinary investigations and decisions. 6. Members of the CAAB shall serve at the pleasure of the Bexar County Commissioners Court, which may remove them, or replace them at any time, with or without cause. CAAB members shall have no right to the position and shall not be entitled to removal proceedings or a hearing. If not removed or replaced, a member shall serve for a two (2) year period, subject to potential reappointment for an additional two (2) year term. The County’s Ethics ordinance shall apply to all members of the CAAB. 7. Resign to Run. Any person involved in the citizen oversight process as a CAAB member, who files for public elective office shall immediately resign from their position on the CAAB, and failing such resignation, shall be immediately removed by the Commissioners Court. 3 B. The DSABC President shall appoint one (1) non-voting citizen to serve as a member of the CAAB who shall serve at the pleasure of the DSABC. The appointee shall meet the same eligibility requirements to serve as appointed members of the CAAB. The Sheriff may provide resource persons with subject matter expertise as observers, who shall participate as needed. 14A.08 TRAINING CAAB members shall have not less than twenty-four (24) hours of training, including orientation work at the BCSO Internal Affairs section, and one shift on the ride along program. The responsibility for the training of each new member of the CAAB shall fall upon the commander of the Internal Affairs section. The Chair of the CAAB and the Sheriff shall collaborate to establish a program for continuing training and updates to members of the CAAB, as they shall find necessary to keep board members current. This shall include updated information on policies, training, and internal processes within the BCSO. 14A.09 MEETINGS AND LOCATION A. The Chair of the CAAB shall call meetings as necessary to conduct any regular business and to hear and review all administrative cases covered by their authority. B. The CAAB will meet at the Bexar County Human Resources Office or any other approved county facility. C. A quorum for any CAAB meeting shall be six (6) CAAB members. D. The liaison between the CAAB shall be the Internal Affairs Commander for the setting of hearings and for the purposes of case briefing and inspection of case files by members of the CAAB. The Internal Affairs Commander shall designate an investigator to present information on each case scheduled for the CAAB’s review, and to respond to questions or requests for additional information. E. The Chair shall work with the Internal Affairs Commander to schedule any complaint for a meeting of the CAAB. Notice shall be given to the DSABC President, and to any complainants or witnesses who register for notice as to an incident. F. By virtue of its purely advisory role, the CAAB is not a governmental body and is not formally subject to the Open Meetings Act. Nonetheless, the following shall be adhered to: 1. All meetings of the CAAB shall have a properly posted agenda listing all topics to be discussed and/or deliberated, with such posting to be a minimum of seventy two (72) hours prior to such meeting; 2. Notice of all CAAB meetings and a copy of the agenda shall be given to the Sheriff, the DSABC, the Civil Section of the District Attorney’s Office, the complainant, the respondent deputy, and to any complainants or witnesses who register for notice as to the incident. 3. Separately, the Internal Affairs Commander shall promptly notify any deputy, detention officer, or the Sheriff, who is the subject of a complaint listed as an agenda item as to the scheduled meeting. 4  4. Prior to a hearing on an administrative investigation, each member of the CAAB shall be entitled to review the investigative summary from Internal Affairs and to review the case files, within the limitations as set forth regarding the right to privacy. 5. All meetings of the CAAB shall be open to the public for observation purposes only; however, the CAAB’s meetings are for the purpose of receiving information, factual evidence, and legal briefings for the CABB to discuss and reach its determinations; 6. All meetings of the CAAB shall be audio recorded and such recording(s) shall be made available on the Bexar County’s website as soon as practicable, but no later than four (4) business days after the meeting in accordance with Article 19 Section 5, Subsection F-10 of the CBA; and 7. Nothing in this policy shall in any way be construed to alleviate the confidentiality provisions of Article 19 of the CBA. 14A.10 DUTIES OF THE CAAB A. The CAAB shall adopt rules for the orderly hearing of administrative investigations brought before it, which allows for public presentation of the investigative facts by the assigned investigator. These rules shall be consistent with the concept of providing a forum free of intimidation from any source, as stated in Article 19 Section 5, Subsection B-4 of the CBA. B. Prior to the scheduled approval of such processes, procedures, and rules for the CAAB, the DSABC shall be entitled to notice to provide the opportunity for review and give input, but shall have no right to approve or disapprove of such processes, procedures, and rules for the CAAB. C. The CAAB may also hear, pursuant to its rules, voluntary input from the complainant, voluntary input from the respondent deputy, and voluntary input from the Sheriff or his designee. The purpose of the hearing is to obtain relevant factual information about the allegations, and the CAAB shall limit public input to such factual considerations, policy provisions, and training information. D. The CAAB shall limit public input to these investigative file reviews, just as the Civil Service Commission limits testimony and evidence in its consideration of appeals. In this context, the CAAB may allow witnesses to provide factual information relevant to the investigation, as deemed appropriate by the CAAB. Individuals may provide written information or statements relevant to the administrative investigation, and the CAAB may accept or reject those materials, based upon their factual relevance and application to the investigation. E. If new information, not included in the Internal Affairs investigative file is presented, the witness or presenter shall be referred to the Internal Affairs section to provide a written statement or other evidence, and the CAAB shall notify the Sheriff. F. There shall be no administrative requirement, including but not limited to an order from the Sheriff, for a respondent deputy appear or present evidence to the CAAB. In all hearings where a respondent deputy voluntarily agrees to participate, the respondent deputy shall be afforded a reasonable opportunity to contact and consult privately with an attorney of his or her own choosing or a representative of the DSABC. 5 G. An attorney of the respondent deputy’s choosing or a representative may be present during the hearing. The respondent deputy’s attorney or representative may not be a person who is related to the respondent, or a member with involvement in the incident being heard. Such attorney or representative may not participate in the hearing except to counsel the deputy, or to assert any rights afforded to the deputy under Article 19 of the CBA, in a manner which does not impair the ability of the CAAB to conduct the hearing. H. At any time during the hearing, the respondent deputy may request to consult with his or her attorney or representative in private, prior to continuing the hearing. The attorney or representative may not obstruct or interfere with the hearing, and the CAAB may impose reasonable time limits on such conferences in order to complete a meaningful hearing and to hear from the respondent deputy in his or her own words. I. The CAAB will seek to accommodate the schedule of all parties and the respondent deputy’s counsel, but shall not be required to make any postponement that would impair the disciplinary deadlines established by the CBA for action. J. A complaint filed directly to the CABB may be filed by any person with personal knowledge of an incident. "Personal knowledge" means the complainant was directly involved in the incident or witnessed the incident. If the complainant with personal knowledge is underage or otherwise unable to complete a complaint form, the complaint may be filed by such complainant's designated representative, said complaint will be submitted to the Sheriff by the CAAB Chair. The Sheriff or his designee may initiate an Internal Affairs investigation based upon a reasonable belief that an allegation of misconduct has occurred by sworn personnel regardless of personal knowledge. K. The CAAB shall make recommendations and forward these recommendations to the Sheriff. Such recommendations are advisory only and are not binding on the Sheriff or the Bexar County Commissioners Court. After the Sheriff’s decision on the investigation and any discipline has been taken, the Bexar County Commissioners Court shall receive notice of the Sheriff’s determination, and the CAAB’s recommendations. The recommendations shall then be posted and available on the County website within four (4) business days after the Sheriff’s determination in accordance with Article 19 Section 5, Subsection F-10 of the CBA. L. The CAAB shall only review the investigative files and conduct of the respondent deputy and shall only act in a civil non-criminal capacity. The CAAB is not intended to be a court of law, a tort claim process or other litigation process. No action of the board shall be deemed to diminish or limit the right of any person to file a claim or a lawsuit against the county. However, findings in the CAAB report may be used in any other legal proceedings. M. The CAAB shall use its best efforts to make a recommendation to the Sheriff on all administrative investigations against members as requested by a complainant, the respondent deputy, or the Sheriff prior to disciplinary action being taken by the Sheriff. It is understood that on occasion, due to disciplinary time constraints or other reasons, a hearing may not be able to be held prior to disciplinary action being imposed and nothing in this policy shall prevent the Sheriff or his designee from taking disciplinary action prior to the CAAB’s review of the complaint. In such cases, the CAAB will make a follow up recommendation as soon as possible after disciplinary action is taken. N. This policy does not impair the rights of county officials, including the Sheriff and the members of the Bexar County Commissioners Court, to participate in or take action(s) in connection with 6  developing the processes, procedures, and rules for the CAAB, when they are not inconsistent with the provisions of the CBA. O. Prior to the scheduled approval of such processes, procedures, and rules for the CAAB, the DSABC shall be entitled to notice to provide the opportunity for review and input, but shall have no right to approve or disapprove. 14A.11 SHERIFF’S ADMINISTRATIVE REPORT TO THE CAAB A. In order to assure external accountability of the actions of the BCSO, the Sheriff or his designee shall provide the CAAB with a report at least quarterly of all formal complaints filed directly with the BCSO, which shall state the date and location of the incident and a brief description of the nature of the allegation and the disposition of the complaint upon request. B. The Sheriff or his designee shall receive the designated Internal Affairs investigator’s report. The Sheriff or his designee shall conduct a review of the Internal Affairs investigator’s report, and may do any or all of the following: 1. Conduct interviews or request the investigator(s) conduct additional investigations; 2. Request additional information or additional questions be asked; 3. Interview or direct that other persons or witnesses be interviewed; and 4. Request that other documents be reviewed and/or retrieved; and any other investigative matters the Sheriff or his designee deems appropriate. C. The Sheriff will consult with the Bexar County District Attorney’s Office on any investigation involving an allegation that is a criminal violation of law. The Sheriff’s Administration upon completion of the investigation shall forward the Sheriff’s Administrative Report to the CAAB, which shall include the following: 1. A written description of the complaint; 2. Detailed written findings of fact concerning the allegations in the complaint; 3. A written conclusion which explains why and the extent to which the complaint is either "sustained" or "not sustained"; and 4. Recommended remedial actions, if any, including amending current policies or adopting new policies. D. The Sheriff’s Administrative Report to the CAAB shall not include any prior discipline or personnel matters. E. A copy of the Sheriff’s Administrative Report to the CAAB shall be given to the respondent deputy and the complainant. If the complaint concerns the Sheriff, copies of the report to the CAAB shall be given to the Sheriff, the complainant, and the Sheriff’s designee. 7 F. All investigations shall be performed in a manner designed to produce a minimum of inconvenience and embarrassment to all parties, including the complainant, respondent deputy, and witnesses. G. All investigations into claims of alleged misconduct by sworn personnel shall be performed in a manner which is fair, thorough, and accurate to the complainant, respondent deputies, and witnesses. H. The Sheriff or his designee’s Administrative Report to the CAAB shall be completed in accordance with the CBA. I. An annual reporting system will be established regarding complaints against sworn personnel to give the Sheriff sufficient and accurate information to assess the overall performance of the BCSO in these matters. 14A.12 ACCESS TO CONFIDENTIAL INFORMATION A. The CAAB shall have full access to all significant administrative investigative and disciplinary files for investigations brought before the CAAB necessary to perform their duties. CAAB members may ask questions and obtain specific facts, details, and information from the Internal Affairs investigator. CAAB members may ask questions or obtain further information from the Sheriff based upon a written request. B. The prohibitions and restrictions apply to any confidential information viewed by the CAAB during the review opportunity. The CAAB shall not copy or remove any portion of the file. The Sheriff shall be responsible for security of the file being reviewed. Criminal investigation files, although copies may be in the Internal Affairs investigator’s possession, are not available for review in an active criminal investigation(s). The CAAB shall maintain confidentiality at all times until the case under investigation has reached its finality, inclusive of the appeal process. Unauthorized release of confidential information or breach of any confidential provisions shall be the basis for removal from office and may be subject to civil liability and criminal prosecution. C. The respondent deputy has a right to privacy as defined by state law. All members of the CAAB shall respect that right to privacy and shall have a duty to maintain the confidentiality of privileged or non-public information. D. The CAAB shall respect the rights of privacy and freedom from defamation shared by complainants and witnesses, as well as those same rights afforded to BCSO personnel under the law. E. Each member of the CAAB shall sign a pledge of confidentiality, agreeing to maintain the confidentiality of privileged matters under applicable privacy laws. Any violation of this right shall be grounds for disqualification or removal from the CAAB, as set forth below. F. The respondent deputy’s attorney or representative shall sign a pledge of confidentiality, agreeing to maintain the confidentiality of privileged matters under applicable privacy laws and may not record any executive session discussions or evidence. G. "Right to Privacy" shall not include the right to non-disclosure of public information as defined by law. It applies only to the right of any respondent deputy to have the confidential or privileged facts, testimony and evidence brought before the CAAB held in confidence by the members hearing the investigation and shall not extend to include any public information or information imparted to 8  the CAAB from public information, or from individuals not officially connected to the internal security process. CAAB members are not bound to this requirement after confidential information becomes public information according to law. This shall not be interpreted to impair or affect the right of any person, including the citizens on the CAAB, to make a report to any law enforcement agency, or to testify under subpoena, the rules of discovery, or order of any court. This shall not be interpreted to impair or affect the rights of any respondent deputy under Garrity vs. New Jersey or its progeny and Miranda vs. Arizona. H. Investigative facts involving a right to privacy shall be heard in executive session. The CAAB may consult with the District Attorney’s Office concerning the scope of the right to privacy. 14A.13 CAAB’S COMMUNITY FORUM The CAAB shall hold at least one community forum each year or as needed for the purpose of hearing views and opinions on the policies, practices and procedures of the BCSO, review the current BCSO practices, procedures, and written policies as those practices and procedures relate to the BCSO’s performance as a whole, and report their recommendations, if any, to the Sheriff or his designee. The ultimate goal and purpose of these forums is to provide transparency, thereby, fostering trust between the community and the BCSO. 9