313 – Employees under Criminal Investigation or Facing Charges

I. Purpose

This policy is intended to provide directives for employees of the Harris County Sheriff’s Office (HCSO) in the event they are aware they are under criminal investigation or they are arrested for, charged with, indicted for, or convicted of a criminal offense.

II. Definitions

Chain of Command: The hierarchy of leadership that begins with an employee’s immediate supervisor and ends with the Sheriff.

Criminal Investigation: An investigation to determine whether any criminal laws have been violated.

Law Enforcement Agency: A municipal, county, state, federal, or other agency authorized by law to investigate and enforce relevant criminal laws.

Minor Traffic Violation: A traffic violation such as speeding or failure to signal that does not rise to the level of a Class B misdemeanor or above and is punishable by a fine only.

Official Communication: Written communication pertaining to activities, duties, tasks, or responsibilities undertaken by an individual in their authorized capacity as an HCSO employee and forwarded through the chain of command. Official communication is distinct from communication pertaining to personal or unofficial matters.

Relief of Duty: An employee’s temporary prohibition from performing their regular work duties — and enjoying related privileges — in accordance with a Relief of Duty order and any subsequent orders or modifications to that order.

Supervisor: A deputy with a rank of sergeant or above or a professional staff member with equivalent supervisory duties.

III. Policy

In order to merit and maintain the public’s trust, it is the policy of HCSO to demonstrate integrity at all levels. Because an employee who is under criminal investigation or arrested for, charged with, indicted for, or convicted of a criminal offense threatens the integrity of HCSO, it is also the policy of HCSO to require employees to immediately report any such developments to their supervisors.

The only exceptions to these requirements are minor traffic violations.

IV. Procedure

1. Employee Responsibilities
   1. Notification to Detaining Peace Officers

      Upon being detained for a criminal offense by a peace officer employed by any law enforcement agency, the detained employee must identify themselves as an employee of HCSO.

   2. Notification to Supervisors
      1. Upon becoming aware that they are under criminal investigation by any law enforcement agency other than HCSO the employee who is under investigation shall immediately notify their immediate supervisor in writing.
      2. Upon being arrested for, charged with, or indicted for a criminal offense the arrested or charged employee must notify their immediate supervisor in writing as soon as practicable.
      3. Employees who receive citations for minor traffic violations may notify their immediate supervisors of those citations but are not required to do so under this policy.
      4. Employees must monitor the status of their criminal proceedings, and, as soon as practicable after the disposition of those proceedings, they must notify their immediate supervisor of the disposition.
   3. Relief of Duty

      An HCSO employee who is arrested or indicted for a criminal offense shall be immediately relieved of duty at the time of arrest or indictment, whichever is first.

   4. Disciplinary Action
      1. Any violation of this policy may lead to disciplinary action, up to and including termination.
      2. Termination
         1. An employee convicted of any criminal offense greater than a Class C misdemeanor shall be terminated from their HCSO employment.
         2. An employee arrested for the offense of Driving While Intoxicated and whose blood alcohol content (BAC) is found to be over the legal limit by any reliable testing method shall be terminated from their HCSO employment immediately.
2. Supervisor Responsibilities
   1. Within 24 hours after becoming aware of any of the following situations, an HCSO supervisor shall notify the Sheriff or their designee of the situation through official communication:
      1. An employee is under criminal investigation by any law enforcement agency other than HCSO;
      2. An employee has received a criminal citation or warrant for any offense other than a minor traffic violation; or
      3. An employee arrested for, charged with, indicted for, or convicted of a criminal offense.
   2. Any violation of this policy may lead to disciplinary action, up to and including termination.

Revision

This policy has been revised on the below listed dates:

June 15, 2021

March 31, 2025 (Technical Changes)

November 18, 2025