303 – Conduct Prohibited
I. Purpose
This policy provides directives as to the types of conduct prohibited for employees of the Harris County Sheriff’s Office (HCSO).
II. Policy
Employees are expected to merit and maintain the public’s trust. To that end, it is the policy of the HCSO to uphold a high level of character and conduct. Any act or omission contrary to good order is subject to disciplinary action. As not every single scenario can be accounted for, this policy provides examples of prohibited conduct. Participation in prohibited conduct may result in disciplinary action as outline in the Disciplinary Matrix.
III. Prohibited Conduct
A. Employees are prohibited from the following acts or omissions:
1. Bribes
Accepting a bribe, engaging in extortion, or otherwise unlawfully obtaining money or property is prohibited.
2. Criticism of Official Acts
HCSO employees must treat their coworkers, and employees of any other government agency, with respect. Employees will not publicly criticize any official act of any employee of this agency, or any other agency, of city, county, state, or federal government while appearing to represent the HCSO, or in a manner that brings discredit upon or negatively impacts the operations of the HCSO.
3. Disorderly Conduct
Being intoxicated or disorderly in a public place is prohibited, both on and off-duty.
4. Emergency Equipment on Privately-Owned Vehicles
Employees will not activate emergency equipment (e.g., a light bar or siren) on a private vehicle unless certified as a volunteer firefighter, or member of a certified emergency medical service, and responding to a fire alarm or medical emergency.
5. Fraternization and Socialization Prohibited
Fraternization is the act of establishing a friendly, social relationship, or romantic interest, in a professional or official setting, where such relationships can be considered unethical, controversial, or problematic due to conflicts of interest or breaches of professional boundaries.
A person’s freedom to associate is normally subject to little or no restriction. However, to maintain security, the HCSO imposes restrictions upon its employees regarding those with whom they wish to associate.
Employees are cautioned that their personal relationships with others will be subject to close scrutiny. The following activities may result in disciplinary action:
a. Affiliating with a person who is known to have a criminal history, is currently in HCSO custody or other corrections facility, or is actively engaged in criminal activity outside of the scope of official duties.
NOTE: If such a person is a member of an employee’s family, spouse, or romantic partner, the employee must notify his or her Bureau Commander.
b. Knowingly speaking to or corresponding with relatives, paramours, spouses, or friends of any person in HCSO custody is prohibited.
c. Employees are prohibited from establishing or rekindling a platonic or romantic relationship with any person in HCSO custody, regardless of whether the employee knew the incarcerated person prior to their arrest. Sexual behavior between an employee and a person in HCSO custody which includes, but is not limited to: sexual intercourse, phone sex, dissemination of explicit photos and images is forbidden.
d. Employees are prohibited from doing favors for any person in HCSO custody, including making commissary deposits, accepting services from their friends or relatives, and requesting favors from colleagues on behalf of a person in HCSO custody.
e. Employees who perform duties that require contact with a relative who is in HCSO custody must immediately report the circumstances to their supervisor. The supervisor will document the circumstances, and will immediately inform the Division Commander in writing.
f. Employees must not provide or assist in providing, directly or indirectly, a person in HCSO custody with personal contact information, contraband, or anything of value.
g. Employees are prohibited from utilizing internal records or county property to initiate contact with friends, paramours, or family members in HCSO custody, unless contact is required in furtherance of official duty.
6. General Behavior
Employees must not act, privately or in an official capacity, in a manner that would bring discredit upon themselves or the HCSO.
7. Indebtedness
Employees must pay their just debts. They must not contract any debts or liabilities they are unwilling, or knowingly unable, to pay. Neither can they refuse to promptly pay any indebtedness, claims, judgments, and satisfy executions that may be held or issued against them.
Employees must not use their position with the HCSO to avoid the payment of any debt, liability, claim, or judgment that has been lawfully held against them.
8. Solicitation of Free Admissions, Favored Treatment, Services, or Merchandise
Employees must not use their position with the HCSO to solicit or obtain free admission to venues, sporting events, or places of amusement. Employees must not solicit or obtain any favored treatment, service, merchandise, or item of value that would not ordinarily be available or provided to a private individual.
9. Threatening, Abusive, Vulgar, or Insulting Language
Employees must not use threatening, abusive, vulgar, or insulting language, or behave in an arrogant manner toward any other HCSO employee, the public, or detainees in HCSO custody.
10. Inaccurate Communications
An employee is prohibited from the use, sharing or dissemination of communications that an employee should know contains false information.
11. Intentionally Making a False Statement
Employees are prohibited from knowingly making false or inaccurate statements to supervisors regarding their duties, examples of which may include but are not limited to: claiming to have completed a task which the employee knows was not completed, or falsely reporting worked hours.
False reporting on timesheets is prohibited and may be considered tampering with a governmental document.
12. Intentionally Making a False Official Statement
Employees are prohibited from knowingly providing false information in an official document, report, or investigation.
13. Incurring Indebtedness Against the Sheriff or Harris County
Employees must not incur, or cause to be incurred, any financial obligation or debt against the Sheriff or Harris County except with the consent and approval of competent authority.
14. Interference with Criminal Justice System
It is prohibited to directly or indirectly intervene or assist any person for the purpose of aiding such person in escaping the penalty of the law, or otherwise using influence to affect the outcome of a judicial proceeding.
Employees must not use influence to obtain the continuance of any judicial hearing on account of friendship with the defendant or relationship with a defendant’s family member, or otherwise improperly interfere with the operations of the courts.
Nothing in this section may be construed as prohibiting an employee from cooperating with the prosecuting attorney for purposes of amending or modifying an existing charge or other action in any case where the employee is the arresting deputy or a complainant or fulfilling duties in an official capacity.
15. Recommendation of Lawyers or Bail Bondsmen
Employees are prohibited from recommending a particular person, firm, or corporation for legal representation or a bail bondsman, when acting in an official capacity.
16. Removal of Records
Removing any official record from the HCSO’s premises is prohibited, except as directed by a supervisor, required by law, or a valid court order. If possible, a true and accurate copy of such record should be provided in lieu of the original.
17. Sleeping on Duty
Employees are prohibited from sleeping while on-duty.
18. Solicitation or Acceptance of Rewards, Loans, or Gifts
Employees will not solicit or accept a reward, gratuity, gift, loan, or anything of value from:
a. Any person subject to arrest or complaint,
b. Any person in custody,
c. Any person subsequent to discharge from custody, or
d. Any relative or friend of such person.
e. Employees are reminded to observe all laws and prohibitions in Texas Penal Code Chapter 36, Bribery and Corrupt Influence, otherwise.
19. Soliciting Influence
Employees must not solicit any other employee, including their supervisors, to intercede or use influence on their behalf in connection with any HCSO matter, including investigations.
However, nothing in this section may be construed as prohibiting an employee from being represented by another employee or supervisor in the course of a disciplinary procedure adopted by the Sheriff’s Civil Service Commission.
20. Use of Official Correspondence
Employees will not engage in official HCSO correspondence, or use HCSO stationery, without authorization.
21. Use of Official HCSO Emblems and Logo
Employees will not use HCSO emblems (i.e., badge and patch) or logo without proper authorization. Anyone wishing to create challenge coins, patches, or any items utilizing the emblems or logos of the HCSO will get approval of the design from the Sheriff via their chain of command.
22. Tampering with Evidence
Employees are prohibited from fabricating, unlawfully withholding, or destroying evidence of any kind. An exception will be the legal disposal of evidence per a court order or otherwise as a part of their official duties in compliance with HCSO policy or law.
23. Conflict of Interest – Multiple Commissions
Employees must not be commissioned by another law enforcement agency as a regular or reserve officer except as required by HCSO assignment (e.g., state and federal task force).
24. Release of Confidential Information
Information collected and maintained by the HCSO, as well as information regarding other employees, is confidential. Employees will not disseminate such information to anyone except for the intended party, as directed by their supervisors, or as required by law.
The contents of any criminal record file in the HCSO must not be disclosed or divulged except to persons authorized by agency order, state and federal statutes, or valid court order.
25. Violation of Law
a. Employees will not be charged, indicted, or willfully violate any federal statute, state law, or local ordinance except minor traffic offenses.
b. Upon arrest for any criminal offense, an employee must advise the arresting officer that they are an employee of the HCSO. The employee must then immediately notify their supervisor.
26. Driving While Intoxicated
If an employee is arrested for driving while intoxicated, they must immediately notify the arresting officer that they are an employee of the HCSO, and then immediately notify their supervisor or designated bureau representative. Employees arrested for DWI will immediately be relieved of duty. If the employee is arrested for driving while intoxicated, and the blood alcohol content is found to be over the legal limit, the employee will be terminated.
27. Phone Usage
While driving motor vehicles, employees are prohibited from using cellular phones to read, write, enter data, or send electronic messages. This applies when driving a county-owned vehicle or any vehicle provided by Harris County for county business.
Talking on a phone is discouraged while on-duty, unless necessary to receive direction or in support of an HCSO mission.
The usage of an MDT in a vehicle while it is being operated is governed by HCSO Policy #801 (Operation of County Vehicles).
28. Surreptitious Recordings
Employees are prohibited from secretly recording audio or video of employees. Recordings are permitted when the following criteria are met:
a. A legitimate purpose for the recording,
b. A recording device in plain view, and
c. Verbal authorization by all parties to record the conversation.
A violation of this provision may result in disciplinary action, including termination.
This provision does not apply when the recording is conducted as part of an official criminal investigation or administrative investigation where notice will be provided before the recording begins.
NOTE: As a reminder per Department Policy #618, Body-Worn Cameras (BWCs), the usage of BWCs is prohibited during any personal conversations of or between another HCSO employee without the recorded employee’s knowledge or permission.
B. Additional Acts of Improper Conduct
1. Incompetence
2. Inefficiency
3. Insubordination:
a. It is prohibited to willfully disobey any order lawfully issued by supervisory personnel or acting authority, or be disrespectful, mutinous, insolent, or direct abusive language toward any supervisory personnel or acting authority.
b. Flouting the authority of any supervisory personnel or acting authority, by obvious disrespect or disputing orders, will likewise be deemed insubordination.
c. An order is defined as any request, instruction, or command either implied or directed towards a subordinate by any supervisor or acting authority employed by the HCSO.
4. Intoxication while on duty.
5. Neglect of duty.
6. Negligent or willful misuse, loss, or damage of supplies, equipment, or public property.
7. Fraud in securing appointment.
8. Dishonesty.
9. Drug use or addiction to illegal drugs or substances.
10. Conviction of a misdemeanor or felony offense, excluding Class C Misdemeanors defined by the Texas Transportation Code.
11. Verbal abuse of a detainee.
12. Physical abuse of a detainee.
13. Failure to meet requirements for licensure by the Texas Commission on Law Enforcement.
14. Failure to achieve and maintain weapons proficiency as required by state law and the Department Manual.
15. Willful violation of any of the rules set forth in the Department Manual or any applicable written directive of a bureau or division.
IV. Sanctions
Employees are subject to disciplinary action including a letter of reprimand (LOR), suspension, reduction in rank, or termination from the HCSO for prohibited conduct in violation of the Department Manual.
Additionally, an employee may be reassigned or relieved of duty (with or without pay) by the Sheriff, or his or her designee, for any serious allegation of misconduct, criminal conduct, or pending the outcome of criminal prosecution.
1. If the employee is relieved without pay, he or she may utilize his or her accumulated compensatory time and vacation time solely at his or her discretion.
2. Any employee relieved of duty for serious allegations of misconduct may be terminated, disciplined, or authorized to return to duty regardless of any unused compensatory or vacation time.
Revision
This policy has been revised on the below listed dates:
April 21, 2009
March 4, 2014
November 13, 2014
July 1, 2015
June 29, 2021
December 11, 2024