Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 May 27, 2022 Two Subject Office Office of the Sheriff Sheriff’s...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 May 27, 2022 Two Subject Office Office of the Sheriff Sheriff’s Administration References Enclosures Texas Administrative Code Title 43;CCP Articles 2.12, None 2.13, 2.20, 6.05, 6.06, and 6.07; Local Government Code 85.005, 85.03. Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees November 13, 2017 December 1, 2023 3 Approved by: Javier Salazar, Bexar County Sheriff 2.01 OFFICE OF THE SHERIFF Article 5, Section 23 of the Texas State Constitution establishes the Office of the Sheriff and states: “There shall be elected by the qualified voters of each County a Sheriff, who shall hold office for the term of four years, whose duties and perquisites, and fees of office, shall be prescribed by the Legislature, and vacancies in whose office shall be filled by the Commissioners Court until the next general election”. The Sheriff’s office has been provided for under every version of the Texas Constitution and supersedes the alguacil of Spanish and Mexican rule during early Texas days. Prior to 1954, the Texas Constitution provided that a Sheriff be elected biennially in each County. In November 1954, this was amended to increase the term of office of Sheriff to four years. 2.02 PURPOSE This Chapter describes the Office of the Sheriff and of his/her deputies. 2.03 OTHER AUTHORITY All legal power and authorization for the primary responsibilities of the Office of Sheriff are cited throughout Civil Statutes, Penal Code, and Code of Criminal Procedure. 2.04 DUTIES The main duties of the Sheriff are to serve as the conservator of the peace and act as executive officer of the County and District courts, serving their writs, subpoenas, and processes. In addition, the Sheriff has charge of the jail and the prisoners, as well as maintaining investigative and patrol divisions. 1 2.05 POWER TO APPOINT In accordance with the Texas Code of Criminal Procedure (CCP), the Sheriff has the power to select and appoint one or more deputies to assist in executing the duties of the office. This is accomplished by either commissioning those employees having a Texas Peace Officer license to serve in a law enforcement capacity or by commissioning those employees having a Texas Jailer license as detention officers to serve in a detention capacity. 2.06 POWERS OF SHERIFF’S DEPUTIES A. Peace Officers: 1. Sheriff’s deputies who are licensed and commissioned Texas Peace Officers as defined by CCP Article 2.12 Who are Peace Officers have the power and authority to perform all acts and duties of the Sheriff and are obligated to act in the Sheriff’s name and under the Sheriff’s authority. (CCP Article 2.20 Deputy, 2.13 Duties and Powers, 6.05 Duty of Peace Officer as to Threats, 6.06 Peace Officer to Prevent Injury, and 6.07 Conduct of Peace Officer.) B. Jailers: 1. In addition, the Sheriff is the keeper of the jail in his or her County. The authority to have additional Sheriff’s deputies as detention officers is referenced in Local Government Code 85.005 Guards; Penalty, which provides that the Sheriff may employ such number of deputies as is necessary for the safekeeping of prisoners and security of jails. Those deputies who hold a Texas Jailer license only shall only perform those functions of the Sheriff in regards to his/her statutory requirement to keep the County Jail. 2.07 OBLIGATION Once appointed by the Sheriff, those Sheriff’s deputies who are licensed and commissioned peace officers have an obligation to: A. Enforce the laws of the state and nation; B. Protect life and property; C. Serve the courts of the county and state; D. Provide such other law enforcement services as legislatively mandated. All Sheriff’s deputies, whether they are licensed and commissioned peace officers or jailers have an obligation to: A. Prevent crime; B. Provide safe, secure, and humane incarceration to all prisoners. 2 2.08 TENURE OF SHERIFF’S DEPUTIES A. Sheriff’s deputies traditionally serve at the discretion of the Sheriff who appointed them. (Local Government Code 85.03 (c) Deputies). B. The Bexar County Sheriff’s Office maintains a Bexar County Sheriff’s Civil Service Commission (Local Government Code Chapter 158, County Civil Service). This commission is empowered to set certain employment standards for job security. These rules not only provide certain job protections for Sheriff’s deputies, but they also set certain standards, which are binding on the same Sheriff’s deputies concerning their job performance. Copies of these rules may be obtained from the Commission on request. 2.09 BEXAR COUNTY SHERIFF’S OFFICE CODE OF ETHICS The Texas Commission on Law Enforcement (TCOLE), as the regulating agency of the State of Texas concerning peace officers, detention officers and telecommunicators, has issued a standard in the form of a Code of Ethics. This same Code of Ethics is hereby adopted by the BCSO as the standard for all employees within the Sheriff’s Office to emulate and follow. It is set forth as follows: As a Bexar County Sheriff’s deputy, my fundamental duty is to serve and safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all persons to liberty, equality, and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of the Sheriff’s Office. Whatever I see or hear of a confidential nature or what is confided in me in my official capacity will be kept ever secret unless revelation is necessary in the performance of duty. I will not act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities. I recognize the badge of my office as a symbol of public faith and I accept it as a public trust to be held so long as I am true to the ethics of public service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession...law enforcement. 2.10 TRAINING Employees will receive bi-annual training on the Internal Ethics and Compliance program (Texas Administrative Code, Title 43). Each employee will sign a document acknowledging their receipt and understanding of the programs requirements and on ethical behavior generally. The Training Academy shall conduct annual internal audits and other risk evaluations to monitor compliance and assist in the reduction of identified problem areas. 3