234 – Personnel Files and Department Files
I. Purpose
Personnel files and department files shall be kept on all Harris County Sheriff’s Office (HCSO) employees.
II. Definitions:
Department File: All letters, memoranda, or documents not included in the definition of personnel file below but maintained by HCSO. While all documentation that does not fit the definition of personnel file shall be kept in an employee’s department file, certain items are specifically required by law:
• All letters, memoranda, or documents relating to alleged misconduct where HCSO determines that there is insufficient evidence to sustain the charge of misconduct against an employee
• All documentation related to internal investigations of misconduct allegations other than final dispositions of disciplinary action included in the employee’s personnel file
License Holder: For the purposes of this policy, a license holder is any person holding a license issued by the Texas Commission on Law Enforcement (TCOLE) that has their license commissioned by HCSO.
Misconduct: Violations of federal or state laws or local ordinances and alleged conduct including use of excessive force, untruthfulness, unlawful search, unlawful arrest, civil rights violations, racially motivated police actions, discrimination, sexual harassment, violations of court orders, or any conduct that seriously degrades the integrity or good order of HCSO. For purposes of this policy, allegations of untruthfulness shall include false, untrue, or misleading statements, either by overt means or by omission. Misconduct does not include minor rule violations of a less serious nature.
Personnel File: A collection of letters, memoranda, and documents related to the employee’s pre-employment checks as described in Policy 703 — Hiring Procedures for Positions Requiring TCOLE License as well as their job performance while employed by HCSO, to include:
• The employee’s background-investigation report;
• A copy of the employee’s TCOLE Form L-1 or L1-T, as appropriate;
• The signed TCOLE Form L-2 showing the employee passed their pre-employment medical examination and drug screening;
• The signed TCOLE Form L-3 showing that the employee passed their pre-employment psychological examination;
• A copy of the employee’s pre-employment fingerprint check;
• Letters, memoranda, and documents related to a commendation, congratulation, or honor bestowed on the employee by a member of the public or by HCSO for an action, duty, or activity that relates to the employee’s official duties;
• Letters, memoranda, and documents related to misconduct by the employee if the letter, memorandum, or document was issued by HCSO and resulted in disciplinary action; and
• Letters, memoranda, and documents recording periodic evaluations of the employee by a supervisor.
III. Policy:
HCSO values the keeping of accurate records for all of its employees. Because these records may include unsubstantiated allegations of employee misconduct, they are highly confidential and only to be disclosed or released under certain circumstances.
IV. Procedure:
A. Personnel Files
- If a letter, memorandum, or document is included in an employee’s personnel file on the basis that it is related to misconduct by the employee, was issued by HCSO, and resulted in disciplinary action:
a. The Sheriff or the Sheriff’s designee shall, not later than the 30th day after the date of the inclusion, notify the affected employee by certified mail, or by departmental or personal email, or in person.
b. Notice is considered to be received electronically by the employee, provided it is sent to the department or personal email address provided to HCSO by the employee and the employee confirms receipt.
c. If confirmation of receipt is not provided by the employee within seven calendar days of notice being sent electronically, the Sheriff or the Sheriff’s designee shall send the notification by certified mail to the most recent home address provided to HCSO by the employee.
d. The employee may, on or before the 30th day after the date of receipt of the notification, file a written response to the letter, memorandum, or document. If the employee files a written response, that response shall be placed in the employee’s personnel file.
- Viewing Personnel Files
a. Any employee may request to see their personnel file by submitting a completed “Request to View Personnel File” form to the Human Resources Division (HR).
b. When a “Request to View Personnel File” form is received, HR shall schedule an appointment for the employee to see their personnel file at a mutually convenient time.
c. An employee’s opportunity to inspect their personnel file is personal to the employee alone and may not be assigned to any other person without the employee’s express permission and consent.
d. As provided by Texas Occupations Code § 1701.451, a law enforcement agency hiring a license holder is entitled to view the contents of the license holder’s personnel file.
- Copies
Any HCSO employee is entitled, on request, to a copy of any letter, memorandum, or document placed in their personnel file. HCSO may charge the employee a reasonable fee not to exceed the actual cost of any copies.
In all other cases, copies shall be available in accordance with the provisions of the Texas Public Information Act.
- Release of Personnel Files
a. HCSO shall not release any information contained in a license holder’s personnel file to any other agency or person requesting information relating to the license holder without the license holder’s written permission — unless the release is required by law. HCSO shall refer the person or agency requesting the information to the Sheriff or Sheriff’s designee.
b. HCSO shall provide a license holder’s personnel file to TCOLE not later than the 30th day after the date the license holder separates from the agency or on request by TCOLE as part of an ongoing investigation relating to the license holder.
B. Department Files
- Contents
a. Any letter, memorandum, or document relating to alleged misconduct by an employee shall not be placed in the employee’s personnel file if HCSO determines that there is insufficient evidence to sustain the charge of misconduct against the employee. In those cases, such letters, memoranda, or documents shall be placed in the employee’s department file instead.
b. All documentation related to internal investigations of misconduct allegations other than final dispositions of disciplinary action included in the employee’s personnel file shall be included in the employee’s department file. For license holders, this file shall be marked “Designated as Confidential for Statewide Employment Database under Texas Occupations Code § 1701.168.”
- Viewing Department Files
As provided by Texas Occupations Code § 1701.451, a law enforcement agency hiring a license holder is entitled to view the contents of the license holder’s department file.
- Release of Department Files
HCSO shall not release any requested information relating to the license holder contained in the license holder’s department file without the license holder’s written permission — unless the release is required by law. HCSO shall refer the person or agency requesting the information to the Sheriff or Sheriff’s designee.
C. Employee Personal Information Required
To ensure timely notification related to personnel files, all HCSO employees shall regularly update their home address, home phone, cell phone, and emergency contact information in all applicable HCSO databases.
References
Tex. Occ. Code §§ 1701.168, 1701.451, 1701.4522, 1701.4535
Policy 703 — Hiring Procedures for Positions Requiring TCOLE License
Revision
This policy has been revised on the below listed dates:
April 21, 2009
May 29, 2013
December 27, 2021
February 28, 2022 (Technical Changes)
May 20, 2025