Bexar County Sheriff's Office Policy Manual PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 5, 2022 May 1, 2022 FORTY-EIGHT Subject Office Sheriff’s Reserve Org...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 5, 2022 May 1, 2022 FORTY-EIGHT Subject Office Sheriff’s Reserve Organization Sheriff’s Administration References Enclosures § 1702.322 Texas Occupations Code, TCOLE None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees NEW POLICY December 1, 2023 10 Approved by: Javier Salazar, Bexar County Sheriff 48.01 PURPOSE The Sheriff’s Office Reserve Organization is made up of dedicated citizen deputies who volunteer their time to protect and serve the citizens of Bexar County, Texas. Reserve deputies come from all walks of life and career fields. These deputies volunteer a minimum of 16 hours a month in service to the Sheriff’s Office. 48.02 POLICY Reserve deputies serve at the pleasure of the Sheriff. All reserve deputies are peace officers licensed by the Texas Commission on Law Enforcement (TCOLE). Reserve deputies must meet the continuing educational requirements set by the TCOLE and the Sheriff. Reserve deputies are held to the same standards as full-time deputies. Reserve deputies are volunteers, not employees of the Sheriff’s Office and are not afforded civil service rights or protections nor covered by the collective bargaining agreement. Reserve deputies will adhere to all policies and procedures of this manual. A copy of the Sheriff’s Office Policy Manual will be made available to each reserve deputy, who shall become thoroughly familiar with these policies. Whenever a rule, regulation, or guideline in this manual refers to a sworn regular fulltime deputy, it shall also apply to a sworn reserve deputy unless by its nature it is inapplicable. 48.03 DEFINITIONS. A. OFF-DUTY EMPLOYMENT - Work or occupational activity for wages, salary, commission, percentage, or compensation of any kind, whether or not it is provided as a donation, charity, or otherwise, which is prohibited from being performed during assigned duty hours, and includes, but is not limited to, self-employment, contractual employment, or employment by an agency, business, enterprise, or others. Off-duty employment does not include the normal employment with the BCSO. B. SUPERVISOR - Any reserve deputy with rank of colonel, major, captain, lieutenant, sergeant, or corporal. It also includes the senior ranking reserve deputy, when no higher ranking reserve deputies are present, or anyone designated as the officer in charge, until relieved of that responsibility. Supervisors also include all full-time deputy sheriffs. C. VOLUNTEER - An individual who performs service without promise, expectation, or receipt of compensation for services rendered. 1 48.04 CLASSIFICATIONS A. RESERVE DEPUTY - An individual that is licensed by TCOLE as a peace officer and has been commissioned by the Sheriff’s Office as a reserve deputy. Further classifications are as follows: 1. PROBATIONARY RESERVE DEPUTY – A reserve deputy that has served less than one year in the Sheriff’s Reserve Organization. A probationary reserve deputy may or may not have completed all training required under this policy and is under the supervision of a reserve deputy I or II, field training officer, or reserve supervisor. a. The first year of service in the Sheriff’s Reserve Organization is a probationary period, and reserve deputies are subject to evaluation by their training officer or supervisor. Substandard performance or instances of misconduct are grounds for immediate dismissal. b. Deputies who transfer to the Sheriff’s Reserve Organization from full or part-time peace officer positions with the Sheriff’s Office are not subject to a probationary period. c. The Sheriff or his designee may waive, extend, or modify the probationary period of any reserve deputy. 2. RESERVE DEPUTY I - A reserve deputy that has successfully completed the probationary period and all required training in accordance with this policy. A reserve deputy I is fully qualified to carry out all assigned duties within the Sheriff’s Reserve Organization under the supervision of a reserve supervisor or full-time Sheriff’s Office personnel. 3. RESERVE DEPUTY II - A reserve deputy that has successfully completed the probationary period, including all required training in accordance with this policy and supplemental field training or certification. a. A reserve deputy II is fully qualified to carry out all assigned duties within the Sheriff’s Office independently and does not require direct supervision by a reserve supervisor or full-time Sheriff’s Office personnel. b. A reserve deputy II is authorized to work independently as a patrol deputy or similar assignments. c. Deputies who transfer to the Sheriff’s Reserve Organization upon retirement or separation from the Sheriff’s Office as a full-time peace officer are classified as a reserve deputy II and are not subject to a probationary period. B. SUPPORT DEPUTY - An individual that is TCOLE licensed as a peace officer and has been appointed by the Sheriff as a reserve deputy to serve in the Sheriff’s Support Unit. Support deputies may be classified as a reserve deputy I or II and are not subject to a probationary period. Work requirements and duties are determined by their appointment and the reserve SOP. C. Based upon previous law enforcement experience or exceptional qualifications, the Sheriff or his designee may modify or waive any and all initial classification requirements and designate a person as a reserve deputy I or II upon appointment or anytime thereafter. 2 48.05 CHAIN OF COMMAND A. The chain of command for the Sheriff’s Reserve Organization is aligned with that of the Sheriff’s Office. B. Communication and directives for the Sheriff’s Reserve Organization will generally be accomplished through the reserve chain of command and submitted through the Research, Planning, and Development Unit for review by the Assistant Chief Deputy of Law Enforcement. C. REPORTING 1. Reserve deputies and corporals report to their immediate unit supervisor. Unit supervisors report to their immediate supervisor, usually the Assistant Reserve Commander or Reserve Commander, as appropriate for their assignment. 2. The Assistant Reserve Commander(s) report to the Reserve Commander. 3. The Reserve Commander reports to the Deputy Chief assigned to oversee the Sheriff’s Reserve Organization. 3 48.06 ORGANIZATIONAL STRUCTURE 4 48.07 GENERAL STANDARDS A. REQUIRED TRAINING 1. It is the policy of the Sheriff’s Office to encourage reserve deputies to develop skills and knowledge, which will better qualify them to perform their work. In addition to on-the job, supervisory, and technical training provided by the BCSO Sheriff’s Academy, reserve deputies are encouraged to enroll in outside courses. 2. Reserve deputies must complete all specified training to qualify for their work assignment. a. All newly appointed reserve deputies must complete the agency orientation (TCOLE 1999) within one month of appointment; b. All reserve deputies appointed after January 1, 2018 must complete the Bexar County Sheriff’s Office Reserve Deputy Training Program; c. All reserve deputies appointed after June 1, 2017 must complete the Sheriff’s Reserve Field Training program (TCOLE 3722) within one year of appointment. 3. Reserve deputies appointed prior to January 1, 2018 are not required to complete the Reserve Deputy Training Program but may elect to complete the training at their option. 4. Reserve deputies that are appointed immediately following their separation or retirement from the Sheriff’s Office as a full-time peace officer are only required to complete the reserve specific portion of the agency orientation class. 5. Based on previous law enforcement experience or exceptional qualifications, the Sheriff or his designee may modify or waive any and all initial training requirements. 6. Reserve deputies are individually responsible for monitoring their training status to ensure that they meet TCOLE and Texas Legislative mandated training requirements. B. WORK REQUIREMENTS 1. REQUIRED WORK HOURS a. Unless otherwise directed by their supervisor, reserve deputies, not including support deputies, are required to work a minimum of sixteen (16) hours per month. Included in these hours are regular duty assignments, required training, and reserve meetings. b. Support deputies are required to work at least eight (8) hours each quarter of the calendar year (Jan-Mar, Apr-Jun, Jul-Sep, and Oct-Dec) and must attend all required training and reserve meetings. c. Excusal from work hours and reduced work hours may be approved by the Reserve Commander for good cause. A leave of absence (LOA) may be requested in accordance with the Sheriff’s Reserve Organization SOP. Reserve deputies returning to active service 5  after having been on a LOA must first comply with all training and firearms qualifications before resuming their duties. 2. Unless excused from duty, reserve deputies who work less than ninety-six (96) hours in any consecutive six-month period are subject to disciplinary action, including dismissal. 3. A failure to report for a scheduled work assignment, mandatory training, or an unexcused absence from a unit meeting may subject the reserve deputy to disciplinary action, including dismissal. C. PROMOTIONS AND DEMOTIONS 1. The Sheriff or his designee has the authority to promote, demote, or appoint a reserve deputy without cause at any time. Reserve deputies are volunteers, not employees of the Sheriff’s Office, and are not afforded civil service rights or protections nor covered by the collective bargaining agreement. 2. Promotion announcements within the Sheriff’s Reserve Organization with be posted for a period of 7 calendar days. 3. Corporal a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; c. Final selection for promotion to corporal will be made by the Reserve Commander. 4. Sergeant a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization as a corporal and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; c. Final selection for promotion to sergeant will be made by the Reserve Commander. 5. Lieutenant a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization as a sergeant and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; 6  c. Final selection for promotion to lieutenant will be made by the Reserve Commander. 6. Captain a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization as a lieutenant and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; c. May be subject to an interview/review board; d. Final selection will be made by the Sheriff or his designee. 7. Major a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization as a captain and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; c. May be subject to an interview/review board; d. Final selection will be made by the Sheriff or his designee. 8. Colonel a. Must have completed 6 months of continuous service with Sheriff’s Reserve Organization as a captain and be in good standing. This 6 month period may be waived by the Sheriff or his designee; b. Must submit a letter of interest and a resume to the Sheriff’s Reserve Organization’s Reserve Commander for consideration for promotion; c. May be subject to an interview/review board. d. Final selection will be made by the Sheriff or his designee. D. SEPARATION FROM THE SHERIFF’S RESERVE 1. Reserve Deputy Sheriffs are commissioned by and serve at the pleasure of the Sheriff. Commissions may be rescinded at any time, for good cause or no cause. There are no civil service rights associated with the position of Reserve Deputy Sheriff. 2. Reserve deputies may separate from the Sheriff’s Reserve Organization by resignation, dismissal, retirement, or transfer to a full or part-time position with the Sheriff’s Office. 7  3. Resignations from the Sheriff’s Reserve Organization should be in writing, addressed to the Sheriff, and routed through the chain of command. 4. Dismissal from the Sheriff’s Reserve Organization is the result of disciplinary action, and reserve deputies shall be notified of this action in writing. a. The dismissed reserve deputy shall arrange for the return of all Sheriff’s Office issued items within five (5) business days. b. All disciplinary action will be as directed by the Sheriff’s Reserve Organization SOP. 5. Retirement from the Sheriff’s Reserve Organization may be requested to the Sheriff, in writing, through the chain of command. a. To qualify for retirement and meet the requirements of the Federal Law Enforcement Officers Safety Act, also known as the LEOSA or HR-218, a Reserve Deputy must: 1) Have an aggregate of at least ten (10) years of law enforcement service, the last five (5) years of service being with the Sheriff’s Office; or 2) Separate from BCSO due to a service connected disability; or 3) Separate from service in good standing as a commissioned peace officer. b. A reserve deputy approved for retirement by the Sheriff will be issued a non-expiring photographic identification card stating they are an honorably retired peace officer. Reserve deputies who are retired from the Sheriff’s Reserve will no longer hold a commission as peace officers with the Sheriff’s Office and notification will be sent to TCOLE. 6. Reserve deputies who are hired as a full-time or part-time employee with the Sheriff’s Office will follow all separation requirements of this directive and other human resources procedures. E. RESERVE MEETINGS 1. The Sheriff’s Reserve Organization generally holds quarterly meetings to disseminate information, review polices, inspect personnel, recognize achievements and promotions, and conduct business of the unit. Meetings may be called more frequently if needed. Unless excused in advance by their immediate supervisor, all reserve deputies are required to attend unit meetings and wear their duty uniform. F. OFF-DUTY CONDUCT 1. Reserve deputies are held to the same standards of conduct as regular deputy sheriffs, both on and off-duty. 2. Law enforcement activities which take place off-duty should only be performed in exigent circumstances and shall be conducted in accordance with the requirements and procedures set forth in the Sheriff’s Policy Manual. 8  3. Any off-duty action taken by a reserve deputy as a commissioned peace officer, to include self-identification as a deputy sheriff, shall be immediately reported to the reserve deputy’s supervisor. 48.08 OFF-DUTY EMPLOYMENT A. Reserve deputies are prohibited by § 1702.322, Texas Occupations Code, from working off-duty security events for pay. Reserve deputies may only work off-duty traffic assignments for pay in accordance with applicable Sheriff’s Office Policy. A reserve deputy may not engage in outside employment or accept a position for outside employment without an approved electronic BCSO off-duty Employment Permit. B. A reserve deputy who desires to engage in off-duty employment must accurately complete and submit the electronic work permit for approval. Once submitted, the electronic work permit will be processed for approval through the reserve deputy’s chain of command. Each supervisor shall determine if the outside employment is prohibited prior to recommending approval of the request. If the supervisor disapproves the permit, an email will be sent to the reserve deputy indicating the reason for disapproval. If the supervisor approves the permit, it is forwarded to the Sheriff’s Administration for final approval. An email is then sent to the reserve deputy verifying approval of the work permit. C. A reserve deputy who is classified as a probationary reserve deputy and desires to engage in off- duty employment will only be permitted to work off-duty traffic assignments at county facilities under the supervision of a reserve supervisor or full-time Sheriff’s Office personnel during their probationary period. D. When an employment permit is not approved, the reserve deputy may not appeal such denial. E. When one or more of the following occurs, any previously approved employment permit expires and the reserve deputy must refrain from engaging in the previously approved employment: 1. The expiration of the calendar year; 2. A change in the reserve deputy's outside employment, including but not limited to, a change in the employer, location, job category, duties, pay, dates, or hours; 3. A change in the reserve deputy's BCSO status, including but not limited to, a change in position, duties, assignment, unit, division, section, or hours; or 4. A change which makes the information on the previously approved permit incorrect, misleading, or obsolete. F. It is realized that exceptional circumstances may arise where a reserve deputy, on a very short notice, may be contacted for off-duty work, which falls within the Sheriff's approved guidelines, when the reserve deputy is not then on duty. In these rare situations, the reserve deputy may telephone the section supervisor who, after obtaining the Assistant Reserve Commander’s or the Reserve Commander's approval, can authorize such off-duty employment. It will then be the responsibility of the reserve deputy to provide a completed electronic work permit to the 9  section supervisor for said employment within 48 hours. This work permit will then be processed through the same approval channels as under ordinary circumstances. G. Off-duty employment privileges may be revoked or suspended for an unspecified time period at any time by the Sheriff or his designee. 48.09 SHERIFF’S RESERVE EMERGENCY CALLOUT A. An emergency callout may be initiated by the Sheriff or his designee at any time. B. Call-outs will be conducted in accordance with the Sheriff’s Reserve SOP. 10