Brown County General Orders

POLICY
&
PROCEDURE
MANUAL

SHERIFF'S OFFICE ENFORCEMENT OPERATIONIONAL
GUIDELINES AND JAIL PROCEDURES
BROWN COUNTY SHERIFF'S OFFICE
1050 WEST COMMERCE
BROWNWOOD, TEXAS 76801

Phone (325) 646-5510

Policy and Procedure
2
nd
Edition Issued: March 29, 2013

Brown County Sheriff`s Office
General Manual

Table of Contents

Chapter Subject

1 Introductory Provisions, Organization, and Administration,
Professional Conduct, Code of Ethics, Internal Inspection, Written
Correspondence, Electronic Mail

2 Employment: Selection, Qualifications, Promotion, Separation,
Probation, Outside Employment, Leave, Overtime, Training,
Conditions for Employment, Fitness for Duty, Performance
Evaluations

3 General Enforcement, Reports, Correspondence, Operational
Procedures, Civil Process, Warrants

4 Complaint and Grievance Procedures, Internal Investigations,
Information Security, Sensitive Investigations

5 Handling and Disposition of Entrusted Properties, Evidence Handling,
Seized and Forfeited Property, K-9 Procedures

6 Livestock, Dangerous Animals, Environmental Enforcement

7 Fiscal Matters, Travel, Building Use, Energy Conservation, Property
Inventory, Technology, Fleet Vehicles and Fleet Safety

8 Definitions, Official Forms List and Forms, Index

Brown County Sheriff`s Office
General Manual

Table of Contents

Chapter Subject

1 Introductory Provisions, Organization and Administrational Structure,
Professional Conduct, Code of Ethics,
01.001 Mission Statement, Command, Supervision, Policy (F)
01.002 Professional Conduct (F)
01.002a Sexual Harassment, Sexual Misconduct (F)
01.003 Written Communications (F)
01.004 Electronic Mail (F)
01.005 Social Media (I)
01.006 Open Records Policy (I)

2 Employment: Selection, Qualifications, Promotion, Separation,
Probation, Outside Employment, Training, Administrative Provisions
02.001 Applicants and the Application Process (F)
02.001a Field Training (I)
02.002 Employee Leaves (F)
02.003 Professional Appearance (F)
02.004 Public Announcements, News Media and Releases (F)
02.005 Performance Evaluations (F)
02.006 Fitness for Duty (I)
02.007 Promotions and Departmental Advancement (I)
02.008 Time Sheets (I)
02.009 Off Duty Employment (I)

3 Reports, General Enforcement Provisions, Operational Procedures,
Civil Process, Warrant Service
03.001 Reports (F)
03.002 Traffic Enforcement (F)
03.003 Vehicle Pursuits (F)
03.004 Arrest, Search, and Restraints (I)
03.005 Prisoners in Custody, Transports (I)
03.005a Stun-Cuff Policy (F)
03.006 Civil Process (F)
03.007 Drug/Tactical Operations and Deconfliction (F)
03.008 Duty Weapons/Lethal and Less-Lethal (F)
03.009 Eyewitness Identification
03.010 Use of Force (I)
03.011 Radio Procedures (I)
03.012 TCIC/NCIC usage policy (I)
03.013 Mobile Data Terminal usage policy (I)
03.014 Sex Offender Registration Policy (I)
03.015 Criminal Investigations/Confidential Informants(I)
` 03.016 K-9 Procedures

4 Complaint and Grievance Procedures, Internal Investigations,
Sensitive Investigations, Information Security
04.001 Complaint and Grievance Procedures (F)
04.002 Sensitive Investigations (I)
04.003 Information Security (I)
04.004 Internal Inspection (I)

5 Handling and Disposition of Entrusted Properties, Evidence Handling,
Seized and Forfeited Property, K-9 Procedures
05.002 Handling of Exhibits (I)
05.003
05.004
05.005
06.006 Handling of Admitted Exhibits in a Criminal Proceeding(F)

6 Estray Livestock, Dangerous Animals, Environmental Enforcement
06.001 Estray Livestock (F)
06.002 Dangerous Dog and Animal Bite Investigations (I)

7 Fiscal Matters, Travel, Building Use, Energy Conservation, Fleet
Vehicles and Fleet Safety, Property Inventory, Technical Equipment
07.001 Care and maintenance of County Property and Vehicles(I)
07.002 Travel Guidelines (F)
07.003 Training Requests (I)
07.004 Cell Phone Usage (F)
07.005 Clothing Allowance
07.006 Purchase Guidelines, Purchase Vouchers and Credit Cards
07.007 Fleet Accident Policy (I)
07.008 Technical Equipment (I)
07.009 Inventory of County Property (I)

8 Definitions, BCSO Forms List and Forms, Index

Chapter 1
Introductory Provisions, Mission Statement,
Professional Conduct, Written Communications,
Organizational and Command Structure,
Code of Ethics
Brown County Sheriff's Office GeneraI ManuaI

Brown County Sheriff's Office
Administrative Directive

Directive Number
01.001

Effective Date
01/01/07

Revised Date

Division: All

Supercedes: N/A

Approved By: Bobby Grubbs, Sheriff

Title: Mission Statements, Command, Supervision,
General Policy Manual

Mission Statements

Purpose The Brown County Sheriff's Office has the duty to provide law enforcement service and
protection to the people of Brown County. Our fundamental obligation and duty under law is to serve and
protect with a high professional bearing, diligence, fairness, and respect of citizens.

Mission Statement The mission of the Sheriff's Office is to accomplish an environment in Brown
County where residents are safe, protected, and free from criminal enterprise. This cannot be
accomplished without a clear focus on our purpose and objectives. Our mission can only be
accomplished when all endeavors are engaged with integrity, professionalism, and respect for persons.

Objective The overall objective of the Sheriff's Office is to accomplish the mission through courses of
actions that include the selection of quality people, advanced training, alert and diligent patrol efforts;
thorough and accurate criminal investigations, aggressive drug enforcement, straightforward supervision
and a clearly dedicated understanding of service to the public. Citizens of Brown County expect a high
degree of professionalism from the Sheriff's Office and every employee must remain cognizant of this
responsibility. The objective cannot be met unless goals are presented with clarity, straightforwardness,
and high professional bearing throughout the organization.

Organization The organization of the Sheriff's Office is purposely tailored to meet the demands of the
public and the purpose of law. This organization will be progressively structured to maximize the
attainment of its mission and objectives with efficiency. The Sheriff's Office is a police-paramilitary, chain
of command organization consisting of divisions and sections whereby people and resources are
allocated according to requirements of law, function, and specialization.

Command

Statement: The Brown County Sheriff's Office is a police command organization. Sheriff's Office
administration must manage a multi-purposed organization that accomplishes its many tasks uniformly
through the chain of command. The command organization accomplishes its mission best when
employees are ethically bound disciplined decision makers. Command decision making involves more
than loyalty. It requires the understanding of the purpose, goals, and objectives of the Sheriff's Office and
its duty under the law and to the community of Brown County.

The chain of command is also the conduit to implement change and resolve problems within the Sheriff's
Office. Police organizations, for the most part, function best and most efficiently through a chain of
command. The chain of command is in place to establish expectations, accomplish objectives, present
ideas, and to solve problems. All employees who have matters or problems regarding their work must
first address the issues through the first line and in-line supervisors. In matters between an employee
and a supervisor, the employee must go to the next higher supervisor. This policy is not intended to
conflict with supervisory openness and approachability. The Sheriff requires approachability and
openness from all supervisors, regardless of their position. This optimizes communication, which is the
first step to solving problems and meeting objectives. Still, the chain of command is to be adhered to for
all operational, supervisory, and internal matters.

Leadership and Supervision

Statement: The Brown County Sheriff's Office must be staffed with formidable supervisors. Supervisors
are to have a full understanding of their responsibilities and must be fully engaged with their personnel.
They are to give directives and goals with clarity and operational understanding. Supervisors are
expected to lead by example and with respect for subordinates. Supervisors are to be straightforward and
timely in handling personnel and the affairs of the Sheriff's Office. Supervisors are expected to be mindful
of their ability to influence and not take lightly the importance of their highly visible rolls. Because of the
high standards required of leadership, all supervisors of the Brown County Sheriff's Office will always be
held to a higher level of accountability.

Supervisors frequently handle matters that can affect the Sheriff's Office as a whole. Supervisors are
expected to communicate those matters with their immediate supervisors and through the chain of
command, as the need dictates. In all major events, the first responding employee must contact the
Sheriff or to the Chief Deputy at the earliest opportunity and advise of the circumstances at hand. In all
matters effecting the reputation of the Sheriff's Office, the Sheriff and Chief Deputy, and chain of
command must be kept fully informed.
General Policy Manual.

Statement: The policy of the Brown County Sheriff's Office will be embodied in this General Policy
Manual. This manual reflects the Sheriff's views on law, application of law, public administration, work
process, enforcement procedure, supervision and command. In all of these areas, policy is established
with the mission and objectives of the organization in mind. Written policies contained in the General
Manual reflect the underlying principles and values of the Brown County Sheriff's Office. These policies
are designed to set the overall direction and performance of the Sheriff's Office. All policy must be
approved by the Sheriff prior to dissemination or inclusion in the manual.

Policy is also intended to protect the Sheriff's Office and individual employees as they perform their
duties. To be effective, all written policy must be principle-centered and purpose driven at inception and
must not be in conflict with the law or the mission. Although most written policy is restrictive and binding in
nature, policy represents the overall intent of management to ethically pursue the mission and goals of
the Sheriff's Office. The directives in the General Policy manual and all written policies are standing
orders and must be adhered to. Discretionary variation is not provided for except when justifiable in an
emergency or unless otherwise provided for in policy or law. Any act that deviates from policy must be
immediately reported to a supervisor. Departure from any policy, without clear justification is subject to
disciplinary action up to and including termination. Only the Sheriff, the sheriff's designee, or the
administrative staff with the concurrence of the Sheriff, has the authority to write and direct policy or make
exception for uniquely qualified matters.

In the line of duty, deputies are confronted with many complex situations that require effective action and
sound judgment. Written policy cannot fully address every circumstance or condition within the myriad of
police situations. Policy is designed to communicate the underlying state of the principles, purpose, and
vision set by the Sheriff and his staff. Where policy or the law is not clear officers are instructed to use
careful discretion and restraint founded in good principle. In immediate matters, Deputies are to error on
the side of action that protects citizens and property. Good and actionable judgment is the cornerstone of
police work.



Directive Number
01.002

Effective Date
01/01/07

Revised Date
03/01/09

Division: All Corrections and
Enforcement Personnel
Supersedes: N/A


Title: Professional Conduct, Code of Ethics

Professional Conduct

Statement: Employees of the Brown County Sheriff's office are selected because they have high
personal standards and can represent the office well. High standards, as reflected in the Law
Enforcement Code of Ethics and in this policy are a reflection of the person and the organization and
should not be considered as separate. It is reasonable for the public to expect high standards from the
agency and the officers who represent and enforce the laws. The Law Enforcement Code of Ethics is
adopted as a general standard of conduct for officers of the Brown County Sheriff's Office. All employees
of the Sheriff's Office shall adhere to the rules and regulations of the County and policies of this Sheriff's
Office that govern conduct. It is the duty of officers and employees to reflect the high standards of the
organization at all times, both on and off duty. Anytime an officer invokes his authority or otherwise
identifies himself as a peace officer, on or off duty, or is identified as a peace officer by a person(s), he or
she is immediately subject to all procedures and policies of the Sheriff's Office. An employee who
violates any provision of this policy is subject to disciplinary action up to or including dismissal.

Law Enforcement Code of Ethics

As a law enforcement officer, my fundamental duty is to serve mankind; to 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 men to liberty, equality and
justice.

I will keep my private life unsullied as an example to all; maintain courage and calmness 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 my Sheriff's Office. Whatever I see or hear of a confidential nature of that
which is confided to me in my official capacity will be kept ever secret unless revelation is necessary in
the performance of my duty.

I will never 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 the police service. I will constantly strive to achieve these objectives
and ideals, dedicating myself before God to my chosen profession....law enforcement.

Loyalty

In the performance of the duty to serve society, officers are often called upon to make difficult decisions.
Officers must exercise discretion in situations where personal rights and liabilities and those of the
Sheriff's Office hinge upon good conduct and judgment. An officer's decisions are not easily made and

occasionally involve a choice which may cause hardship or discomfort. The officer must be faithful to his
oath of office, the principles of professional law enforcement service, and the objectives of this Sheriff's
Office. In the discharge of his duty, he must never allow personal motives to govern his decisions and
conduct as an officer.

Conduct Unbecoming an Officer or Sheriff's Office Employee

A law enforcement officer is the conspicuous representative of government, and to the majority of the
people a symbol of stability and authority upon whom they can rely. An officer's conduct is closely
scrutinized, and when his actions are found to be excessive, unwarranted, or unjustified, they are
criticized far more severely than comparable conduct of persons in other walks of life. Since the conduct
of an officer or civilian employee, on or off-duty, may reflect directly upon the Sheriff's Office, an
employee must at all times conduct himself in a manner which does not bring discredit to, the Sheriff's
Office, the law enforcement profession, or to the County. Any violation of the Law Enforcement Code of
Ethics or the expectations contained in this manual is considered conduct unbecoming an officer. This
included behavior that may not be a violation of the law, but would reflect poorly on the professional
bearing of an officer. Conduct unbecoming would include public display of affections (*kissing or 'making
out'), lewd mannersisms, or poor manners or etiquette demonstrated in public. Conduct unbecoming is
any conduct which adversely affects the morale, operations, or efficiency of the department or any
conduct which has a tendency to adversely affect, lower, or destroy public respect and confidence in the
department, or any officer or employee. Conduct unbecoming also includes any conduct which brings the
department or any officer or employee into disrepute or brings discredit upon the department, or any
officer or employee. Officers and employees shall conduct themselves at all times, both on and off duty,
in such a manner as to reflect most favorably upon the department.

Respect for Constitutional Rights

No person has a constitutional right to violate the law; neither may any person be deprived of his
constitutional rights merely because he is suspected of having committed a crime. The task of
determining the constitutionality of statute lies with a court of proper jurisdiction, not with an officer who
seeks to properly enforce the law as it exists. Therefore, an officer may enforce any federal, state, or
local statute which is valid on its face without fear or abrogating the constitutional rights of the person
violating that statute. An officer who lawfully acts within the scope of his authority does not deprive
persons of their civil liberties. He may within the scope of his authority make reasonable inquiries,
conduct investigations, and arrest on probable cause.

Truthfulness and Integrity

The public has the proper expectation to demand that the integrity of its law enforcement personnel be
above reproach. The dishonesty of a single Sheriff's Office member may impair public confidence and
cast suspicion upon the entire Sheriff's Office. Untruthfulness is also considered as incompetence.
Seemingly minor half-truths or false communications eventually destroys a person's effectiveness and
may contribute to the corruption of others. Employees must scrupulously avoid any temptation toward
information that compromises personal integrity, fellow officers, or the Sheriff's Office. Truthfulness is
required by all employees at all times and in all situations. Any employee who is called to question in any
matter concerning any aspect of work is expected to answer truthfully and completely. Refusal to answer
to questions from a supervisor or an assigned investigator is direct insubordination and may be subject to
immediate termination. Truthfulness is required and expected on all verbal and written communications
including all reports, and all aspects of work and off duty conduct. Falsified information on written
documents or verbal misrepresentation is subject to immediate termination, and criminal charges, where
applicable. Whenever the matter of truthfulness comes to question, the Sheriff may require an employee
to submit to a polygraph examination as an investigative tool toward determining truthfulness in any
matter pertaining to the Sheriff's Office.

Unauthorized Representation of the Sheriff's Office

Sheriff's Office investigations, operational strategies, internal incidents, or administrative matters are
considered as sensitive and/or confidential. This information will be communicated on a 'need to know
basis' with a clear law enforcement nexus, and only when authorized. No employee may communicate
sensitive information unless they are unless they are fully informed on the matter and authorized by
supervision. Employees who are peripheral to an informational matter may not make comment upon the
matter unless specifically authorized. Internal matters can be prematurely evaluated, misconstrued or
disliked, and communicated poorly. Sometimes, ill understood information, falsified information, half-
truths, opinion, or personal disagreement concerning the work place can needlessly harm coworkers or
the reputation of the Sheriff's Office. Internal matters, inappropriately or falsely communicated in any
form, are subject to disciplinary action. Internal problems and/or investigative matters are to be resolved
through the chain of command and is not privileged to persons outside the organization, unless
authorized.
No employee may electronically post information concerning their employment with the Sheriff's Office
unless specifically approved. Opinions, investigative information, or false and/or ill-informed information
posted electronically or verbally to the public or persons outside the Sheriff's Office is specifically
prohibited. Any employee who misleads the public or persons outside the Sheriff's Office with false,
untimely, or inaccurate information is subject to disciplinary action up to and including termination.

Employees who are called on for information will refer the requesting party to the appropriate supervisor.
When called upon to represent the Sheriff's Office (in authorized circumstances), deputies, jailers, and
support personnel must communicate information only on a clearly well-founded, truthful, timely, and
knowledgeable basis.

Gratuities

Employees of the Brown County Sheriff's Office shall not request police discounts, special purchasing
privileges, or other benefits when such benefit is granted either fully or partially as a result of their
employment by the Sheriff's Office. Clarification: Many times a business such as a restaurant will have a
policy to offer free coffee or tea, or half price meals. In most instances this is considered as a well-
intended expression of gratitude with no expectation of return. Officers should make a sincere offer to
pay, but not make an issue of the offer. Conversely, if at any time an officer is offered this type of gift and
the officer senses there is some expectation of professional return, then there must be a strong refusal to
accept the offer. Under no circumstances will an officer initiate any expectation of any form of gratuity.

Gifts, rewards, or gratuities otherwise presented for personal use of any member or the Sheriff's Office
shall be returned to the provider with an explanation of the Sheriff's Office policy.

This shall not prohibit acceptance by the Sheriff of items or services that will benefit Brown County or the
Brown County Sheriff's Office as a whole. If an offer is freely made in good faith to present a gratuity of
some type to the Sheriff's Office, it may be accepted, but the County Judge's office shall be promptly
advised of the receipt of the gratuity. Any moneys received in this fashion shall be promptly forwarded to
the Auditor's Office by the Sheriff's Office and the gratuity is to be added to the County General Fund,
with notification to the County Judge's office.

Solicitations

No employee of this Sheriff's Office shall solicit any form of personal benefit for himself or any other
person or organization, from any person, group, or firm, when the benefit is to be secured as a result of
his employment by the Sheriff's Office. On a case by case basis, an employee may be allowed to be
involved in community enhancement programs or Non-profit programs which benefit a worthy cause.
Approvals for this type of involvement will be individually made by the Sheriff.

Courtesy

Effective law enforcement depends on a high degree of cooperation between the Sheriff's Office, the
public it serves, and other public agencies. The practice of courtesy in all public contacts encourages

understanding and appreciation; rudeness or a lack of courtesy generates contempt and resistance. The
vast majority of the public is comprised of law abiding citizens who rightfully expect fair and courteous
treatment by Sheriff's Office employees. They must receive it. The practice of courtesy by an officer is
not a weakness; it is, on the contrary, entirely consistent with the higher standard, firmness and
impartiality that characterizes a professional law enforcement officer. A great deal of wisdom and
restraint is often needed in making arrests on violent or belligerent persons. Deputies are expected to
firmly take and remain on the higher ground when effecting arrests and commanding tense situations.

Compliance with Lawful Orders

The Sheriff's Office is a paramilitary organization with a defined hierarchy of authority. Supervisors are
expected to present directives with clarity and an understanding of purpose. Verbal directives, orders,
written directives, and policies are expected to be followed. Obedience of a superior's lawful command is
essential for the safe and prompt performance of law enforcement operations. Employees may question
a supervisor's directive only when clarification is needed. Employees in disagreement with a directive
may submit the disagreement through channels as provided for by policy. Disrespectful remarks or
arguments made toward a supervisor (or subordinate) constitute a degree of insubordination and is
subject to disciplinary action. The willful disregard of a lawful order, command, directive, or policy is direct
insubordination and is subject to disciplinary action, up to and including termination.

Alcohol and/or Drug use/abuse

Alcohol

Except as necessary in the performance of an official assignment (i.e. undercover assignment), the
consumption of alcohol is strictly prohibited while an employee is on duty. Deputies are subject to call
24 hours a day. When the Sheriff's Office is engaged in a major event where there is a probability of
being called out for duties, off duty alcohol consumption is strictly prohibited. Officers shall not consume
intoxicants while off-duty to the point they cannot respond as a police officer in an emergency situation.
Off duty consumption of alcohol is not prohibited but when consumed must be accompanied with good
judgment. Under no circumstances, will an employee return to duty with a detectible smell of alcohol or
impairment from alcohol. Any employee who is specifically assigned by supervision to "On Call or "On
Standby status is also prohibited from consuming alcohol when there is a probability to being called to
duty. Any employee who, by association, is involved peripherally with any off duty incident arising out of
or involving alcohol is subject to disciplinary action. Allegations of off duty misconduct will be strictly
investigated, reviewed, and expeditiously dealt with. Off duty possession of a firearm while under the
influence of alcohol is strictly prohibited. Any employee involved in an alcohol related incident, on or off
duty, must comply with directives of supervision to submit to blood or breath alcohol testing. An
employee who has been determined to have been publicly intoxicated or has operated a motor vehicle
while intoxicated is subject to disciplinary action up to and including termination and criminal charges,
where applicable.

Illegal or Illicit Substance or Drug Use

Illegal drug use is the antithesis of professional law enforcement and will not be tolerated in the Sheriff's
Office. The use of illegal drugs is prohibited in the strictest of terms and is subject to immediate
termination. Sheriff's Office employees are subject to random drug testing and required to submit to a
drug screening upon reasonable suspicion by a supervisor. Any employee who, by association, is
involved peripherally with any off duty incident arising out of or involving illicit drugs is subject to
disciplinary action up to termination. Allegations of off duty misconduct will be strictly investigated,
reviewed, and expeditiously dealt with. If at any time an employee becomes aware of illegal drug use by
any other employee, it must be immediately reported to a supervisor. An employee who receives a
positive drug test is subject to immediate termination and, if circumstances allow, criminal prosecution.

Over-the-Counter or Prescription Drug Use

No member shall report for duty while under the influence of any prescription or over the counter drug
which has the capability to alter the responsiveness of the individual. Prior to reporting to duty, it is
incumbent upon the employee to notify the immediate supervisor of medications consumed which pose
an adverse affect on job performance. Upon notification, the supervisor must determine whether the
employee can perform assigned duties. A member may be required to take sick leave or function in
another assigned job depending upon the effect of any prescribed medication. Any member who is
prescribed a medication which is mind or mood altering, or intoxicating must make the supervisor aware
of the prescription prior to reporting to duty.

Supervisors have the responsibility to see that employees perform their duties with clear minds and good
judgment. They must also respect the privacy of employees who undergo temporary health issues
requiring prescriptions that may adversely affect judgment or clear thinking. These matters will be dealt
with on a case by case basis and may require temporary assignments in non critical areas until the health
issue is resolved. When a medication comes to question, the supervisor may require additional
explanation or clearance from a physician to determine suitability for duty. This directive is also subject to
the provisions in manual directive 02.001.

Sheriff's Office employees are subject to random drug testing and required to submit to a drug screening
upon reasonable suspicion by a supervisor. Off duty possession of a firearm while under the influence of
drugs is strictly prohibited. On duty intoxication concerning the improper use of lawful drugs or medication
may result in disciplinary action, including dismissal. Any employee who engages in activity which
endangers others while under the influence of over the counter or prescribed medication, whether on or
off duty, may be subject to disciplinary action up to or including termination. Employees are required to
report to the first line supervisor any appearance of impairment of an employee.

Attention to Duty

Sheriff's Office Deputies and employees must always demonstrate vigilance toward duty. Much of the
daily work of law enforcement is performed without close supervision and the responsibility for the
initiative or performance of duty is on the shoulders of the officer. In other words, the officer carries the
full responsibility to be diligent and attentive to duty and the expectations of duty. He/she discharges that
responsibility by the faithful and diligent performance of the expected or assigned responsibilities.
Anything less violates the trust placed in him by the people and nothing less qualifies as professional
conduct. A disconnect with duty, such as a neglect of duty or the willful avoidance of duty, may be
considered as acts of incompetence. Incompetence, or acts of incompetence, must have immediate
correction and is subject to disciplinary action up to and including dismissal.

Public Contacts

Employees must always be mindful of being in the public eye and subject to public scrutiny for their
actions and appearance. Officers, when taking enforcement action, whether in a simple traffic stop or
affecting a tactical felony arrest must be prepared for the event with the appropriate equipment, uniform
presence, and mental wherewithal. The public must always be treated with respect. When Deputies
respond to disturbances, accidents, or enforcement events they are expected to assume command of the
event and then control the environment of the event with resolve and professionalism. On major events
and in-command situations, Deputies are expected to be the stabilizing element and must meet the
situation with decisiveness, purpose, and professionalism.

Off-Duty Liaisons and Fraternization

No employee, while off or on duty, will knowingly associate, fraternize or socialize with an individual or
group of persons who have a criminal reputation. Upon cause or suspicion, an employee may be
questioned about the level of contact with a person of criminal reputation. This is not to be confused with
investigative meetings approved by a supervisor. There are also occasions when this may be justifiably
understandable, such as with family members or participating in civic, sports, or church events. In any
case, the employees are reminded to use discretion and to avoid being placed in a questionable

circumstance with the person. Unjustified association or fraternization with a known criminal(s) is subject
to disciplinary action, up to and including termination.

Conflict of Interest

No employee shall allow a personal acquaintance, family member, event, or circumstance influence
judgment or actions while in the course of duty or position as an employee of the Brown County Sheriff's
Office. Whenever personal circumstances pose a conflict or potential conflict, in any way or with a matter
of law, law enforcement procedure, or Sheriff's Office business, the employee must immediately separate
himself/herself from the issue. Additionally, the conflict or potential conflict must be immediately reported
to a supervisor. Supervisors must take steps to insure the work of the Sheriff's Office is accomplished in
an unbiased manner and must deal with conflicts of interest decisively. Failure to report a conflict of
interest or potential conflict of interest is subject to disciplinary action up to and including termination.

Duty to Report Unprofessional Conduct

All employees, volunteers, and reserves have an immediate duty to report any infraction(s) of the
professional conduct policy. Whenever a violation of the professional conduct policy occurs, the
employee, volunteer, or reserve must immediately report the violation to a supervisor. The supervisor
must report this up the chain of command as deemed appropriate by the situation. Any violation of the
unprofessional conduct policy on the part of a supervisor must be immediately reported to the Sheriff and
Chief Deputy. Employees and/or supervisors who fail to report violations of this policy will be subject to
disciplinary action up to or including termination.



Directive Number
01.002a

Effective Date
01/01/2008

Revised Date

Division: All

Supersedes: N/A


Title: Sexual Harassment Policy (Professional Conduct)

Sexual Misconduct and Sexual Harassment

Statement: The Brown County Sheriff's Office is committed to the principle that the Sheriff's Office
environment be free from inappropriate conduct of a sexual nature. Any allegation of sexual misconduct
embarrasses and diminishes the professional image of the Sheriff's Office. All allegations of
inappropriate conduct, including sexual misconduct or sexual harassment, will be investigated and
appropriately dealt with. Sexual harassment in any form will not be tolerated and individuals who engage
in such conduct will be subject to disciplinary action up to and including termination.

Scope of Policy

This policy applies to all employees, reserves, and volunteers of the Brown County Sheriff's Office. It
applies not only to unwelcome conduct that violates state and federal laws concerning sexual harassment
but also to inappropriate conduct of a sexual nature, both on and off duty. It is also applicable regardless
of the gender of the complainant or the alleged harasser. Sexual misconduct, whether on or off duty,
becomes a matter affecting the Sheriff's Office under the following circumstances:

1. When sexual misconduct or an allegation of sexual misconduct or sexual harassment is alleged
or confirmed and/or becomes public or disruptive to the work place or it violates the public
standard as understood by the Sheriff and his administrative staff.

2. When sexual misconduct or the allegation of sexual misconduct disrupts or diminishes the view of
law enforcement in Brown County.

Statutory Reference

Sexual harassment is a form of sex discrimination under Title VII of the Civil Rights Act of 1964, Title IX of
the Civil Rights Act of 1972, and the Texas Commission on Human Rights Act, Article 5221k, Vernon's
Texas Civil Statutes, and it is illegal, and actionable under civil and criminal law.

Sexual Misconduct and Sexual Harassment

A. Sexual Misconduct. Sexual misconduct includes unwelcome sexual advances, requests for
sexual favors, or verbal or physical conduct of a sexual nature directed towards another individual
that is against the persons will, or against the will of a 3
rd
person. Sexual Misconduct normally
does not rise to the level of sexual harassment but is unprofessional and inappropriate for the
profession of public trust.

B. Sexual Harassment. Sexual harassment of any kind will not be tolerated and is grounds for
immediate dismissal. Sexual harassment can be a continuing pattern or a single incident of
unwelcome sexual advances, requests, or demands for sexual favors, physical contact of a
sexual nature, and verbal abuse or threats of a sexual nature under any of these conditions:

1. When submission to the conduct involves a condition of the individual's employment, either
stated or suggested.

2. When the individual's submission or refusal is used, or creates a condition where it might be
used, as the basis of an employment decision that affect the individual.

3. The conduct unreasonably interferes with the individual's job performance and ability to get
the job done or creates a work environment that is intimidating, hostile, or offensive.

C. Examples. Examples of behavior that could be considered sexual misconduct or sexual
harassment include but are not limited to:

1. Physical contact of a sexual nature including touching, patting, hugging, or brushing in a
sexual nature against a person's body; explicit or implicit propositions or offers to engage in
sexual activity;

2. Comments, whether verbal, written, or in electronic form of a sexual nature including
sexually explicit statements, questions, jokes or anecdotes;

3. Remarks of a sexual nature about a person's clothing or body;

4. Remarks about sexual activity; speculation about sexual experience;

5. Showing to or exposure to sexually oriented graffiti, pornography, pictures, posters, or
materials;

6. and/or physical interference with or restriction of an individual's movements.

Employees are urged to take a complaint of sexual harassment to the Sheriff or Chief Deputy.
Allegations of sexual harassment will be investigated as fully and completely as possible, regardless of
the manner in which they are made and who is involved. All complaints and the investigation thereof are
to be kept strictly confidential. All complaints will be investigated fully without bias and prejudgment. Such
an investigation may include interviews with both parties to the complaint, and co-workers and former
employees who may have knowledge of the situation. An investigator will be appointed and the
investigator will have access to necessary personnel files and will be granted all necessary access to
pertinent information.

Any employee who engages in sexual harassment in violation of this policy will be subject to disciplinary
action up to and including termination of employment.

PROHIBITED CONSENSUAL RELATIONSHIPS

It is the policy of the Sheriff's Office that the following romantic or sexual relationships are prohibited:

A. between an employee and another employee or volunteer who is involved with any function of the
Sheriff's Office.

B. between a supervisor and a person under his or her supervisory authority.

C. between a married employee and any other person that is not the employee's spouse.

D. between an unmarried employee and any other person that is married.

This policy is not intended to discourage the interaction of employees, and supervisors and employees
where it is respectful, appropriate, and ethical. However, it is intended to stress that romantic or sexual
relationships often create situations that lead to sexual harassment, conflicts of interest, favoritism, and

low morale. Therefore, such relationships are firmly prohibited and subject to disciplinary action up to and
including termination.

Consenting romantic or sexual relationships between an employee and another employee, reserve, or
volunteer, or between supervisor and employee, may potentially evolve into a sexual harassment case
with serious implications, either from a subsequent change of attitude by the parties involved or from a
contemporary complaint from a disadvantaged third party. Some employees exercise power over other
employees, as do supervisors over employees, whether in evaluating them, making recommendations for
their promotion or future employment, or conferring other benefits. Others may be adversely affected by
the relationship in that it places the employee or supervisor in a position to favor or advance one
employee's interest at the expense of others.

Employees and supervisors are expected to be aware of their professional responsibilities in work
relationships and avoid apparent or actual conflict of interest, favoritism, or bias. It is imperative to be
mindful that there are those who fabricate claims of misconduct out of rumors or misguided assumptions
about others. Sexual misconduct, sexual harassment, or prohibited consensual relationships diminish the
law enforcement profession to the community and is counter-productive to the work environment.
Supervisors are expected to protect the workplace, as much as possible, from sexual misconduct or
sexual harassment or the opportunity of prohibited consensual relationships.

Third Party Complaints

Third party complaints voiced concerning consensual relationships of employees will be treated as third-
party sexual harassment or sexual misconduct complaints, and will be dealt with on a case by case basis.

Investigation

The Sheriff's Office has no desire to intrude into the private lives of its employees. At the same time,
employees are expected to adhere to the high standards expected by the Sheriff, the public, and the law
enforcement profession at all times, both on and off duty. Complaints alleging inappropriate behavior,
including inappropriate sexual conduct will be investigated and expeditiously handled. Upon formal
complaint, any employee who, by association, is involved peripherally with any off duty incident arising
out of or involving sexual misconduct is subject to disciplinary action up to termination. Upon formal
complaint, allegations of off duty or on duty sexual misconduct will be strictly investigated, reviewed, and
dealt with. Sexual harassment, sexual misconduct, or prohibited consensual relationships affect the
reputation of the Sheriff's Office. When these allegations come to light they must be investigated and
dealt with fairly and expeditiously. Often very difficult, investigations of sexual misconduct often rely upon
circumstantial evidence. Often these investigations can be inconclusive of significant evidence. In each
investigation and each matter, disciplinary action will be based upon, as much as possible, the
circumstances of the behavior, the level of disruption to the workplace, the perceptions of the public, and
the work record of the employee.



Directive Number
01.003

Effective Date
01-01-07

Revised Date

Supersedes: N/A


Title: Written Communications

Written Correspondences

Statement: Documentation and written communication are essential to the operational effectiveness of
the Sheriff's Office. The Sheriff's Office uses several forms of official correspondences listed as follows:
letterheads, manual directives, interoffice memorandums, reports, forms, circulars, emails, and routing
slips. All written communications are intended to document, for lawful purposes, the various activities of
the Sheriff's Office. Each form of correspondence is designed with specific organizational purpose and
must be written within the intended purpose. Each correspondence must be professionally written,
grammatically correct and spell checked. Correspondence must be free of slang terms, undefined
acronyms, unsupported conclusions or unfounded opinionated statements. No written communication
may be released or otherwise disseminated outside of the sheriff's Office without supervisory approval.

Letterhead

The Brown County Sheriff's Office letterhead is the formal communication between the Sheriff's Office
and persons or organizations outside the Sheriff's Office. Additionally, the letterhead may be used
internally for highly formal internal matters by the Sheriff, Chief Deputy, or Captain. (One example of
using a Sheriff's Office letterhead for an internal matter would be a letter of commendation from the
Sheriff.) All letterheads must have the approval of the Sheriff or the Chief Deputy, with the Sheriff's
approval, before being sent out. Approval will be noted by the signature or initials. The Sheriff's
Administrative Assistant will maintain a file on all letterheads sent by the Sheriff's Office. (Form number
01.003.01)

General Manual Directive (Policy Directives)

Policy Directives (Form number 01.003.04) are formal written orders and policy statements approved by
the Sheriff for implementation by employees of the Sheriff's Office. Numbered policy directives will be
assigned to the Sheriff's Office General Manual and are to be strictly adhered to. Unnumbered policy
directives are intended to be short termed, temporary directives for special occasions or special
operations. The Brown County Sheriff's Office General Manual is considered as a public record of the
Sheriff's policies. Unnumbered policy directives will be kept on file by the Sheriff's Administrative
Assistant. General Manual Directives are composed in Arial font and 10 pt. font size.

Policy Defined: Policies are those top Administrative decisions that stake out the broad path by which a
goal or goals will be reached. Policies embody the thinking, the intent, the philosophies, and the beliefs
of the Sheriff's Office Administration. Their primary purpose is to provide positive guides for operational
decisions throughout the organization. (Also see 01.001, General Manual)

Most policy is developed and revised by the Sheriff or his administrative staff. A systematic means of the
development and revision of written directives is necessary to ensure that the General Manual meets the
mission of the Sheriff's Office. All directives must be well thought out, involve participatory input, and
ultimately be clear and concise.

Department employees may recommend the development or revision of written directives whenever it
appears that such additions or changes are necessary or beneficial. Recommendations should be
submitted in written form through the chain of command for review, input, or revision. The chain of
command will make recommendations and consult with the Sheriff or his/her designee for final approval.

Interoffice Memorandum

The Interoffice Memorandum is the primary method of internal written communication within the Sheriff's
Office. This is initiated by an employee to another employee(s) or supervisor(s) within the Sheriff's Office.
The Interoffice Memorandum is the general purpose document that may suffice for a number of
communication needs. It may be also used in lieu of other forms when other forms are not readily
available, when approved by a supervisor. It is also considered as a response form. When an employee
is to explain an event or circumstance, the interoffice memorandum should use this method. The
employee initiating the interoffice memorandum should maintain a copy of the memorandum. A copy of
the memorandum will also maintained by the Sheriff's Administrative Assistant. (Form number 01.003.02)

Report

"Report is a term used interchangeably including offense reports, CD investigative reports, internal
incident reports, letterheads, interoffice memorandums and various forms used for documenting
information. Most report forms which are self explanatory and each developed to fit the organizational
purpose. CID and patrol reports will be written under the guidelines provided for in policy. (Refer to
Directive Number 03.001) No reports may be disseminated outside of their intended purpose, without
supervisory approval.

Forms

A number of Sheriff's Office forms have been designed support certain reports or other communications.
Most forms used by the Sheriff's Office are assigned a form number and listed in Chapter 8.

Circular

A circular is an informal form used to circulate general information on events or procedures quickly
through the organization.

Email

Electronic communication which is stored or routed through Brown County or Sheriff's Office computers.
Email that is pertinent to operational aspects of the organization will be saved on the computer. All email
on Sheriff's Office computers is the property of the Sheriff's Office. All enforcement, correctional and
support personnel email addresses are to be used in concert with the mission of the Sheriff's Office. No
employee email addresses or emails will be released unless under authorized court process (subpoena,
court order, or warrant).

Routing Slip

A 5x7 form attached to various forms of paperwork to provide a route or destination through the Sheriff's
Office. (Form number 01.003.03)



Directive Number
01.004

Effective Date
01-01-11

Revised Date

Division: All

Supersedes: N/A


Title: Electronic Mail (Email) Policy

Electronic Mail

Introduction: This policy applies to electronic mail (email) produced, received, or sent on a Brown
County Sheriff's Office (BCSO) computer, or a personal computer on which Brown County business is
conducted. This applies to email within the Brown County Sheriff's Office and used conjointly with the
Internet. This policy is not intended to and does not supersede any state or federal laws, or any other
agency policies regarding confidentiality, information dissemination, or standards of conduct. Generally,
email should be used only for legitimate county business; however, brief and occasional email messages
of a personal nature may be sent and received if the following conditions are met. Personal use of email
is a privilege, not a right. Abuse of the privilege may result in disciplinary action. All email is stored along
with the source and destination. The Sheriff or his administrative staff or designee has the ability and right
to view the contents of any BCSO computer or phone containing email. BCSO email messages are the
property of Brown County. Electronic mail is also subject to the requirements of the Texas Public
Information Act and the laws applicable to State records retention.

Restrictions

Personal email (and the time handling personal email) should not impede the conduct of county business;
only incidental amounts of employee timebrief time periods comparable to reasonable coffee breaks
during the daymay be used to attend to personal matters. The following uses of email are strictly
prohibited: racist, sexist, threatening, obscene, lewdness, profane or otherwise objectionable language,
political lobbying or campaigning, inappropriately distributing protected works, forwarding chain letters, for
any personal monetary interests or gain. Employees must not subscribe to mailing lists or mail services
strictly for personal use, and must not give the impression that they are representing, giving opinions, or
otherwise make statements on behalf of the Brown County Sheriff's Office, unless clearly authorized to do
so. Personal email should not cause the county to incur a direct cost in addition to the general costs of
email. Personal email on county computers or phones is considered as county property when any
question arises to the applicability of violations of law, personal character, questionable practices, or
county business. Emails conducted in the course of county business are considered strictly as county
property and may not be released outside of the scope of their work duties. Emails produced, received,
or sent to a party outside of the scope of the employee's official duties without supervisory approval will
be subject to disciplinary action up to and including termination.

Scope and Construction

This policy applies to any electronic mail messages created, received, retained, used, or disposed of
using the Brown County electronic mail system. Email messages are often easily misconstrued or
interpreted as rude or offensive simply because of the fast nature easy quick response nature of the
messages. Employees must be careful with wording, grammar, and sentence construction to protect from
misinterpretation. Quick response emails characterized with lower case letters, no punctuation, slang
terms or poor wording concerning official matters is prohibited. Although there may be a private intent of
an email, emails can easily and readily have a very broad scope and subject to the interpretation of many

people. Emails may be subject to subpoena and ultimately to media scrutiny and it is imperative that
emails have professional bearing.

User Access, Responsibilities, and Retention

Employees will retain email for a minimum of three years. All email messages are considered county
records and management reserves the right to access employee email message at any time. Employees
wishing to notify the entire Brown County Sheriff's Office of agency related information or an agency
sponsored activity must forward the draft message to their supervisor for approval. It is the responsibility
of the sender of email messages within the Brown County email system and recipients of messages from
outside the Sheriff's Office to retain the messages for the three year period. The same applies to any
message that relates to Brown County Sheriff's Office business that is sent from or received on a non
Brown County owned computer. Names of sender, recipient, date/time of the message, as well as any
attachments must be retained with the message. Except for listserv mailing services, distribution lists
must be able to identify the sender and recipient of the message. Employees who voluntarily terminate
employment, retire, transfer, or are demoted will be required to review their email accounts with their
immediate supervisors. The employee's immediate supervisor is responsible for ensuring that the email
records are properly classified, stored, and that working or convenience copies are disposed of in the
correct manner. Email accounts for deceased or dismissed employees will be the responsibility of the last
immediate supervisor.

Maintenance and Final Disposition of Electronic Mail

The process for the legal disposition of Brown County Sheriff's Office electronic records (including
electronic mail) is subject to the same documentation requirements as any other format or medium (13
TAC, 6.94). Employees must follow Brown County Sheriff's Office procedures for the disposition of
email messages. Generally, any email which has pertinence to an investigation will be printed off and
included in the investigative file. Email that is in the normal course of county and law enforcement
business should be kept on the individual computer for at least 2 years.

Email that is personal in nature, spam, junk mail, or otherwise considered as non business related must
be immediately deleted from the county computer, or as soon as practical. Email filters must remain at
the protective settings that were set by the technicians. No changes on email settings will be made unless
prior approval is confirmed through the first line supervisor to the appropriate Brown County technicians.

Definitions (Some definitions modified from 13 TAC, 6.91)

(1) Archive record--A record of enduring value that will be preserved on a continuing
basis by the Brown County until on a reappraisal of the record it no longer merits further retention.

(2) Electronic mail record--An electronic Brown County record sent or received in the form of a
message on an electronic mail system of Brown County, including any attachments transmitted
with the message.

(3) Electronic mail system--A computer application used to create, receive, retain, and transmit
messages and/or attached records. Excluded from this definition are file transfer utilities.

(4) Electronic records system--Any information system that produces, manipulates, and stores
electronic records by using a computer.

(5) Electronic record--nformation that meets the definition of an official Sheriff's Office record and
maintained in electronic format for computer processing, including the product of computer
processing of the information.

(6) Mailing list service--An electronic mailing list hosting service (e.g., Listserv) used for
discussions and announcements within a specified group of individuals. Subscribers to the

service participate by sending information to and receiving information from the list using
electronic mail messages.

(7) Brown County Sheriff's Office record--As adapted from the V.T.C.A, Government Code,
441.180(11), any written, photographic, machine-readable, or other recorded information
created or received by or on behalf of the Brown County Sheriff's Office that documents activities
in the conduct of Sheriff's Office official business or use of public resources. The term does not
include library or museum material made or acquired and maintained solely for reference or
exhibition purposes; an extra copy of recorded information maintained only for reference; or a
stock of publications or blank forms. As provided by the Government Code, 441.031, the term
also does not include any records, correspondence, notes, memoranda, or documents, other than
a final written agreement described by 2009.054(c), associated with a matter conducted under
an alternative dispute resolution procedure in which personnel of a state department or institution,
local government, special district, or other political subdivision of the state participated as a party,
facilitated as an impartial third party, or facilitated as the administrator of a dispute resolution
system or organization.

(8) Transitory information--Records of temporary usefulness that are not an integral part of a records
series of an agency, that are not regularly filed within an agency's record-keeping system, and
that are required only for a limited period of time for the completion of an action by an official or
employee of the agency or in the preparation of an on-going records series.
Transitory records are not essential to the fulfillment of statutory obligations or to the
documentation of agency functions.

Chapter 2
Employment: Applicant Selection,
Qualifications, Promotions, Separation,
Probation, Outside Employment, Training,
Internal Inspection



Directive Number
02.001

Effective Date
01/01/2007

Revised Date
11/01/2011

Dissemination: All

Supersedes: Revision 05/01/2008, 05/01/2009


Title: Qualifications, Applications, Conditions for
Employment, Resignation and Termination

Employee Selection, Conditions for Employment, Retention, and Separation

Statement: In order to accomplish the mission of the Sheriff's Office, it is imperative to select people of
high standards. Integrity is the central requirement of all employees and must never be taken lightly in
the employment process. Employees handle sensitive matters on a routine basis. Any applicant with a
questionable character will be rejected.

The Brown County Sheriff's Office is an Equal Opportunity Employer and does not discriminate against
any employee or qualified applicant for employment because of age, religion, race, creed, color, national
origin, gender, pregnancy, uniformed services (U.S. Armed Forces or National Guard), covered veteran or
qualified disability status, or any other status protected by the constitution, unless based upon the nature
of the occupation.

The Brown County Sheriff's Office is committed to ensuring a workplace free from discrimination and
harassment, and fostering a work environment that fully utilizes the capabilities of every employee at all
organizational levels. This is accomplished when personal character is focused on throughout the hiring
process and regularly emphasized during employment.
All employees are to keep themselves compliant with the qualifications required of the position. Any
changes which affect the ability to conform to the following qualifications must be immediately reported to
the first line supervisor. Non compliance to employment qualifications or departmental policy is subject to
disciplinary action up to termination.

Commissioned Law Enforcement Positions - Required Qualifications

The following must be verified to be considered for employment:

1. Any person applying for a commissioned law enforcement position must have a current Texas
Commission on Law Enforcement Standards and Education certification.

2. Must be no younger than 21 years of age.

3. A high school diploma, home school certification, GED, or equivalent.

4. Must be in good physical and mental health.

5. Must be of sound mind, clear thinking, and characterized as using good judgment.

6. Felony or Class B (and higher) misdemeanor conviction automatically disqualifies.

7. Any arrest for a Felony disqualifies.

8. Possess a valid Texas Driver's License.

9. Certified copy of birth certificate.

10. A resident of Brown County and a citizen of the United States of America.

11. Completed application.

Applicants are to undergo a background investigation prior to hiring. The background will include a credit
history check and interviews of references, and past employees. Applicants will also undergo a
psychological evaluation and drug screen prior to hiring.

Non-commissioned and Support Personnel Positions - Required Qualifications



2. A high school diploma, home school certification, GED, or equivalent.

3. Must be in good mental health.

4. Must be of sound mind, clear thinking, and characterized as using good judgment.

5. Felony or Class A (and higher) misdemeanor conviction automatically disqualifies.

6. Possess a valid Texas Driver's License or Texas Official Identification Card.

7. Certified birth certificate.

8. Willing to become a resident of Brown County, within 6 months of hire.

9. A citizen of the United States of America.

10. A fully completed application.

Applicants are subject to a background investigation prior to hiring. The background will include a credit
history check and interviews with references and past employers. Applicants will also undergo a

Certified Jailer and Road Crew Corrections Positions - Required Qualifications


1. Any person applying for a jailer or road crew position must have a current Texas Commission on
Law Enforcement Standards and Education certification and/or understand that certification
training will be required within the first year of employment.


3. A high school diploma or GED, or equivalent.

4. Must be in good physical and mental health.

5. Felony or Class A (and higher) misdemeanor conviction automatically disqualifies.

6. Felony arrest disqualifies.

7. Possess a valid Texas Driver's License or Texas Official dentification Card.

8. Willing to become a resident of Brown Count, within 6 months of hire.

9. A citizen of the United States of America.

Applicants are subject to a background investigation prior to hiring. The background will include a credit
history check and interviews of references and past employees. Applicants will also undergo a

Application Process

Applicants must complete all parts of the application form. If parts of the application are not applicable to
the candidate or the position, it will be noted by the applicant on the application form. An application with
incomplete or inaccurate information is subject to rejection.

Properly completed applications from qualified applicants will be kept on file for at least 6 months.

A resume is encouraged, but not in lieu of the application. If a resume' is submitted, it must be stapled to
the back of the completed application.

Applicants must list past employers and references, and must submit to a background investigation which
includes obtaining a credit history. Applicants, if accepted, are conditionally required to undergo drug
screening and a psychological examination prior to or shortly after employment. Acceptance or continued
employment is on condition of a successful completion of all the requirements for this position.

Persons wishing to apply for a TCLEOSE Certified or Commissioned or civilian position will use the
Classified Position Application form, number 01.001.01.

False or misleading statements are grounds for rejection. If an applicant is hired, and it is later
determined that false statements were made on the application, the employee will be subject to
disciplinary action, including termination, regardless of status.

All applications will be screened for basic qualifications and accuracy. Applications not meeting minimum
requirements listed above will be rejected.

Pre-employment Background Investigation, Investigation Report

Prior to employment, all persons are subject to a background investigation. A background investigation
must be completed by the unit hiring the applicant. The supervisor over the unit will conduct the
investigation or assign a person as the designated investigator. As a minimum, the pre-employment
investigation report is to be documented on an interoffice memorandum. The background investigation
will have the required paperwork attached, stapled in a package and retained in the personnel file which
will include the following:

1. A review for accuracy, truthfulness, and completeness on the application.

2. A criminal history check through local, state and national databases.

3. Comments by previous employers and references of work history, employability, ability to work
with others, and personal character.

4. Attachments: Photocopy of Texas Drivers License or Identification Card, Photocopy of Birth
certificate, Photocopy of credit report, any letters of recommendation, work histories or pertinent
information concerning the applicant.

5. Documentation of drug screening and psychological examination.

6. The investigator may conduct a pre-employment investigative interview with the candidate to
further determine suitability and adaptability to the position. If a background interview is
conducted it will be documented by the investigator in the investigation report with comments.
When possible, the interview should be done by two sheriff's office employees.

7. Investigator's summary comments on the applicants suitability of employment i.e., maturity of
applicant, ability to work with others, adaptability to the demands of the position, etc.

Probationary Periods

1. New employees are subject to a twelve (12) month probationary period. During the probationary
period, the first line supervisor will conduct a supervisory probationary review on the employee
once every 60 days. On the final 60 day review, the supervisor will recommend permanent
status, termination, or an extension of probation through the chain of command.

2. Employees who are promoted employees or assigned to a new internal position, such as jailer to
road crew, are subject to a six (6) month probationary period. During the probationary period, the
first line supervisor will conduct a supervisory probationary review on the employee once every
60 days. On the third 60 day review, the supervisor will recommend permanent status,
termination, or extension of probation. This recommendation will be through the chain of
command.
3. Probationary employees are under a much higher level of oversight and supervision. Supervisors
and Field Training Officers (FTO's) will intentionally and frequently evaluate probationary and new
employees on the level of understanding of the job, job performance, and the ability to work with
others. All Sheriff's Office full-time and part-time employees and reserve personnel are expected
to become familiar with the Brown County Sheriff's Office General Manual. Employment is
contingent on the employee's ability to comply with established policy and directives of
supervision and management.

Performance Evaluations and Inspections

1. All employees will undergo performance evaluations. Probationary employees will undergo
periodic performance evaluations, normally about every 60 days. Performance evaluations are
based on the overall performance of an employee and are used as a tool to enhance the
employee. Performance evaluations may be during the annual evaluation period or unannounced
with command approval. Performance Evaluations are permanent documents which will be kept
in personnel files for administrative review.

2. All employees are required to submit to internal Inspections. Inspections may be announced or
by surprise.

3. All county equipment is subject to examination, search, or inspection at any time by a first line
supervisor or designated supervisor.

Drug Screening

All employees are required to submit to and undergo random drug screening as determined by the
Administrative Staff. Employee drug screening may be by random selection or at the directive of
supervision, as a protective measure during a major event or upon reasonable suspicion.

Conditions for Employment

The following is ongoing conditions and requirements for entry and employment with the Sheriff's Office:

1. Employees must maintain the qualifications for employment throughout their employment. Any
change which effects a qualification(s) for employment must be immediately reported to the first
line supervisor.

2. TCLEOSE certified positions require a psychological examination. A psychological exam may be
required upon cause at anytime during employment.

3. A drug test is required upon entry. Drug tests may also be required upon cause or by random
selection at any time during employment.

4. Commissioned law enforcement personnel and jailers are required, as a condition of
employment, to be available for emergency stand by, call outs, and emergency related duty. In
addition, employees must be available to prosecutors or supervisors concerning pending
investigations, court testimony, or ongoing assignments.

5. All employees are to perform according to job expectations, requirements, directives and training
commensurate with the position for which they are hired, assigned, or subsequently promoted
into.

6. New hires are expected to understand the established guidelines for county employees contained
in the Brown County Personnel Policy manual.

7. New hires are subject to a rigid 12 month probationary period, which may be extended at the
discretion of the employee's chain of command.

8. Costs associated with hiring, equipping and training a new employee must be reimbursed by the
employee, if the employee is terminated or resigns within the first year of employment. These
costs will be taken from the employee's last check. This includes county paid costs incurred from
psychological tests, drug tests, clothing allowance, travel, and training including certification
training.

9. If at any time a question of truthfulness arises or during the course of an investigation, the
employee may be submitted to a polygraph examination. Refusal to submit to a polygraph
examination is insubordination, subject to disciplinary action up to immediate termination.

10. New hires requiring certification must meet certification requirements within the first year of
employment. Certification is the employee's responsibility to acquire and maintain. Penalty fees
for failure to maintain certification is the responsibility of the employee.

11. An employee who, by physical or medical condition, comes under a doctor's care for a condition
(or medication) which could impair or hamper the ability to function as required in his or her
position, must notify the first line supervisor.

At-Will

The Brown County Sheriff's Office is an "At-Will organization and the Sheriff has the authority to hire and
fire and assign personnel for the good of the organization.

Duty Assignment

Generally, a new hire employee may be assigned to an entry level position of the Sheriff's Office. The
Sheriff may determine to assign an employee to any position of the Sheriff's Office where it is apparent
the employee is best suited.

Disciplinary Action

t is the policy of the Brown County Sheriff's Office that uniform disciplinary procedures be followed by all
employees. All personnel serve at the pleasure of the Sheriff. The Sheriff has the duty and obligation to
administer the office in the best interest of the public. Therefore, the Sheriff reserves the right to
discharge any employee in the best interest of the operation of the office. It is not possible to list in
advance every reason that may exist for such action. This office and this administration shall treat all
employees with dignity, respect and fairness. The final decision regarding discipline or termination of any
employee is left to the sound discretion of the Sheriff. The Sheriff may delegate authority regarding
discipline or termination to the Chief Deputy, Operations Captain or Jail Administrator as he sees fit.

All Brown County Sheriff's Office employees are expected to obey and follow the laws of the United
States, it's state and localities, the rules, orders and policies of the Brown County Sheriff's Office.
Violations of any of the above provisions, depending upon the degree of seriousness, shall be grounds for
disciplinary action. Disciplinary action may be taken for any infraction of these laws, rules, or policies.
Any employee who is the subject of disciplinary action may request to meet with the Sheriff regarding the
circumstances. In matter of disciplinary action of termination, the Sheriff, in his discretion, may defer the
meeting to the Chief Deputy or decline the meeting altogether. The Sheriff's decision is final and binding
on the employee. Such decision is by law and left to the discretion of the Sheriff. The Sheriff is
accountable to the voters of this county and can be replaced by them without warning or without just
cause. The law places on the Sheriff the responsibility the right to direct Sheriff's Office employees as he
believes to be the best interest of the citizens of the county.

Disciplinary action may occur in one or combination of the following forms:

1. Verbal reprimand

2. Formal written reprimand

3. Probation period of up to a period of 6 months

4. Reassignment to a different position or area of responsibility

5. Time off without pay

6. Demotion

7. Discharge or Termination

Resignation or Separation

1. Employees who resign from the Sheriff's Office under favorable circumstances will be so
documented in the employee's personnel file. These employees will be given favorable
recommendations to potential employers or may be considered for rehire in the future.

2. Employees separating from the Sheriff's Office are encouraged to submit to an exit interview or
submit an exit letter prior to leaving the Sheriff's Office.

3. Employees who face possible or pending disciplinary investigation may resign in lieu of being
terminated, upon approval by the Sheriff.

4. The first line supervisor is responsible to make sure all Brown County property under the
separating employee's entrustment is turned in and in good working order.

5. Separating employees who turn in damaged or inoperable county property will have the costs
deducted from their last payroll check prior to issuance.

Termination

1. Only the Sheriff has the authority to formally terminate an employee.

2. The Sheriff, in his absence, or when he deems otherwise appropriate, may designate the Chief
Deputy or Jail Administrator to act on a termination matter.

3. An employee may be subject to immediate termination by a violation of the Law Enforcement
Code of Ethics and/or by:

A. Committing a criminal act (regardless of court status).

B. Insubordination.

C. An intentional act of untruthfulness (see 01.002).

D. Incompetence or an act incompetence (see 01.002).

E. Absence (non-commissioned personnel) without reporting to duty for more than 3
consecutive working days.

F. An act of sexual harassment or discrimination.

G. Any act or behavior which is reprehensible, embarrasses the Sheriff's Office, or the law
enforcement profession.

H. Failure to meet the conditions for employment or employee probationary period.

I. Conduct unbecoming of an officer (see 01.002) and/or failure to abide by the Law
Enforcement Code of Ethics (see 01.002).

J. A history of argumentation with co-workers or administration.

K. Repeated acts of failure to keep a professional appearance.

L. Failure to remain a physical or mental fitness for duty.

M. Illicit drug use, failure to pass drug test, a public act of intoxication.

N. On or off duty fraternization with persons of a known criminal background.

O. Use of commission or position for unauthorized personal gain.

P. Repeated infractions of expected duties or policy or indicating the resistance to correct or
change behavior toward required duties.

Q. Failure to report a change in the requirements required for employment.

R. Failure to meet certification requirements by TCLEOSE.

S. False, evasive, or incomplete information on employment application or in a background
investigation.

T. Failure to report for duty within 72 hours days or failure to respond to a supervisor within 72
hours (commissioned law enforcement personnel and jailers).

4. The termination of an employee and reason(s) for termination will be documented in the
employee's personnel file. The termination letter will normally present in the body of the letter that
a complaint was lodged and describe the nature of the complaint or other reason for the
termination.

5. When an employee has been served with a notice of termination, the employee has three (3)
days to appeal to the Sheriff. Once the three day period has expired, the termination will become
final.

6. The first line supervisor, or designated supervisor, is responsible to verify and acquire inventory
and all Brown County property possessed by the separating employee. The first line supervisor
must insure all property turned in is in good working order.

7. Terminated employees who surrender damaged or inoperable county property will have the costs
deducted from their last payroll check prior to issuance.



Directive Number
02.002

Effective Date
06/01/07

Revised Date
10/01/11

Division: All

Supersedes: 10/01/2008


Title: Employee Leaves, Work Hour Guidelines (FLSA),
Overtime, Call Status

Employee Leave and Leave Requests

Brown County Employees can accrue and take leave in the following categories: Vacation, Sick Leave,
Holiday Leave, Jury Duty Leave, Funeral Leave, and Military Leave. Employees must be familiar with the
Sheriff's Office policy and the Brown County Personnel Policy Manual for the policy concerning these
leaves and benefits. The Sheriff's Office policy is not intended to be in conflict with the Brown County
Personnel Manual. Where there is a difference in the policies, the Sheriff's Office policy, though more
restrictive, is to be adhered to. Sick leave, vacation, and holiday leave are subject to supervisory
assignment, review, and approval. Reporting of time worked will be in 15 minute intervals of work
completed.

Leave requests must be submitted on the Brown County Sheriff's Office Employee Leave Request form
(Form number 02.002.02). Requests for Leave will not be considered as approved until the first line
supervisor has reviewed the request and has approved the leave with his/her signature. Leave requests
will be forwarded through the supervisory chain and kept on file by the Sheriff's Office Administrative
Assistant. The Sheriff's Office Administrative Assistant will maintain a record of leave accumulated and
taken by each employee.

Sick Leave

Accrual rate and maximum accrual: The Brown County Policy provides for sick leave for all full time
regular employees. Eligible employees shall accrue sick leave at a rate of 6.67 hours per month. For
practical purposes of this policy, a workday is defined as the normal number of hours an employee would
be expected to work on a day he/she is scheduled to work. Accrual of sick leave starts at the time the
employee begins work for the county in a position eligible for the sick leave benefit. According to the
Brown County Policy manual, the maximum amount of unused sick leave an employee shall be allowed
to accrue is 20 working days, or 160 Hours.

Use, Justification and Notification for Sick Leave: Sick leave may be used for the following purposes:

1. Illness or injury of the employee.

2. Appointments with physicians, optometrists, dentists, and other qualified medical professionals.

3. To attend to the illness or injury of a member of the employee's immediate family. The
immediate family is defined as a spouse, child, parent, or other relative living in the employee's
home who is dependent on the employee for care.

4. Under no circumstances will sick leave be used for circumstances other than what is intended by
this policy. Use of sick leave outside the scope of this policy may result in disciplinary action up
to and including termination.
5. Any time sick leave is to be used, the employee must notify the supervisor of the nature of the
illness and the amount of sick leave needed, as soon as possible. County policy also provides

that the employee must notify the supervisor within 15 minutes of the time the employee is
scheduled to work. The employee is to notify the supervisor of the expected amount of time the
employee will be out on sick leave.

6. Whenever an employee is out for more than 3 consecutive workdays, the employee must
produce written documentation from an attending physician describing the illness and necessity
of time off. If sick leave is taken to attend to the needs of a family member, like documentation
will be provided as justification.

7. An immediate supervisor may require the employee produce documentation for any amount of
sick leave, upon cause.

8. Where sick leave is to be used for medical appointments, the employee must notify the
immediate supervisor of the appointment time and date, and of the intent to use sick leave. Sick
leave will be provided only for the time needed to make the appointment and return to the office,
where applicable.

9. When sick leave is unforeseeable, such as in an incapacitating illness, the employee or
employees representative should notify dispatch (911) or the employee's supervisor as soon as
practicable.

10. The minimum amount of sick leave that an employee may use shall be at the discretion of the
department head.

11. Employees shall not be allowed to borrow sick leave against future accruals at the discretion of
the department head.

12. Employees shall not be paid for unused sick leave at the termination of employment.

Vacation

Statement: Requests for vacation leave must be submitted in a timely basis and scheduled to minimize
operational impact. Previously approved vacation leave and other leaves or assigned days off may be
rescinded during major events, emergency operations, or as determined necessary by supervision.
Vacation leave requests must be submitted at least two weeks prior to taking off and must not be for more
than two weeks in continuous duration. Normally, vacation will be scheduled on a first come, first served
basis. Supervisors must insure vacation requests do not conflict with other off duty requests, or create an
overtime problem or unnecessarily hinder operations. Supervisors may authorize or change the type of
leave taken, i.e. a change of vacation leave to holiday leave in order to minimize the balance of holiday
leave. Vacation shall not be accrued while an employee is on leave without pay.

Accrual rate and maximum accruals:

1. Employees who have worked 1 to 60 months shall earn vacation at the rate of 6.67 hours per
month, which is the equivalent to 10 days per year.

2. Employees who have worked 61 to 120 months shall earn vacation at the rate of 8.00 per
month, which is the equivalent to 12 days per year.

3. Employees who have worked 121 to 240 months shall earn vacation at the rate of 9.33 hours
per month, which is the equivalent to 14 days per year.

4. For purposes of this policy, a working day shall be defined as the regular number of hours that
an employee would be expected to work on a day that he/she is scheduled to work.

5. Accrual of vacation shall begin at the time and employee begins work for a minimum of six (6)
months in such a position before being eligible to take any vacation.

6. The maximum amount of vacation an employee shall be allowed to have accrued at one time is
20 days (160 hours) that may be carried over at the end of a calendar year.

7. When an employee reaches maximum accrual, no additional vacation time shall be allowed to
accrue until sufficient time has been used to bring the balance below the maximum allowed
under this policy.

Scheduling of vacations shall be at the discretion of the individual departmental heads.

Employees can only use actual vacation accrued. No vacation 'advance' or 'borrowing' from future
accrual is provided for by policy.

Employees shall not be allowed to receive pay for vacation in lieu of taking off.

f a holiday falls during an employee's vacation, the holiday shall be charged in accordance with the policy
on holidays and shall not be charged against the employee's vacation balance.

If an employee has worked for at least one year and has accrued vacation up to the time the employee
resigns, is discharged, or is terminated for any reason, the employee shall receive pay for all unused
vacation up to the maximum allowed under this policy.

Compensatory Time

Statement: There are no appropriated funds for compensatory time by the county. The Brown County
Commissioners Court has instructed agency heads to manage compensatory time to zero, or minimum
balances and in strict accordance with FLSA (Fair Labor Standards Act). In law enforcement, it is difficult
to reconcile compensatory time with budget constraints, so a cap must be in place on compensatory time.
In order to reconcile compensatory time with the budget, employees who acquire compensatory time will
make every effort to use accumulated compensatory time within 60 days of the accrual. Supervisors are
expected to monitor employee accruals and, where necessary, assign employee schedules to reduce
compensatory time accruals. When an employee separates from employment with the Sheriff's Office,
the employee will be scheduled to exhaust any compensatory time balance prior to the final separation
day. This may be addressed differently in a disciplinary related separation.

Holiday Leave

Statement: Holiday leave accruals must be kept to a minimum. Holiday time will normally be taken
within 30 days of the holiday. If Holiday Leave is accrued, the accrual may not exceed a maximum of 160
hours. Employees with an accumulation of more than 160 hours will take Holiday leave in lieu of vacation
or compensatory time when taking time off. This will stay in effect until the balance of Holiday leave
accumulation is less than 160 hours. Holiday leave that exceeds 160 hours will be lost.

Administrative or Emergency Leave

Statement: Occasionally, law enforcement events occur during the course of work that are traumatic or
catastrophic in an employee's life. For example, an officer involved shooting or like traumatic event,
where it is in the best interest of the Sheriff's Office and/or the employee to be assigned off duty. When
employees attend training conferences or associational meetings that provide a clear benefit to the
Sheriff's Office and the mission of the Sheriff's Office, administrative leave may be assigned to attend the
meeting, with chain of command approval. The Sheriff may assign up to 3 days of time off for
administrative or emergency leave.

Administrative instructed leave may also be in the form of a directive to instruct an employee to take off
for reasons that may have a benefit to the employee or the Sheriff's Office. Additionally, an employee
may be directed to take time off in order to reduce leaves such as Holiday or Compensatory, or to reduce
overtime accrual during the week. Another example would be an employee who shows up to work sick
may be directed to take off sick leave. Instructed administrative leave will only apply to a directive to
reduce time balances and are charged against the employee's leave balance.

Overtime

Statement: The Sheriff must meet enforcement demands and yet balance those demands with Fair
Labor Standards Act (FLSA) requirements and the appropriated budget. Supervisors will make every
effort to minimize overtime while providing essential service to the county. Overtime will be leveraged
toward the prioritized goals of the Sheriff's Office.

Supervisors will arrange work schedules, shifts, and assignments in order to minimize overtime which
must be managed with the long term effects in mind. Overtime, though sometimes inevitable, even with
the best of efforts, must be managed with advanced planning and employee assignment necessary to
minimize unnecessary overtime expenditures.

1. In general, overtime will be justified and approved in the following broad areas:

a. Unplanned or unforeseen employee shortages.

b. To staff emergency operations or priority enforcement operations.

c. Short term enforcement operations such as a tactical entry or to assist another agency.

d. As reported on 15 minute increments of accomplished work time.

e. Special enforcement projects such as STEP and major enforcement events.

2. No overtime will be paid unless it is justified to and approved by the first line supervisor. Approval
will be confirmed by the supervisor's signature on the Sheriff's Office weekly report or time
sheets. The supervisor's signature means the supervisor reviewed all circumstances surrounding
the justification overtime and verifies the accuracy amount of the overtime worked. Under no
circumstances is an employee to work overtime without advance approval. Unapproved time
worked is considered time volunteered with no compensation, and will be so noted on the report
by the supervisor. No supervisor will sign off on unapproved overtime or overtime that is
substantially unverifiable.

3. Overtime is defined actual hours worked over actual 40 (forty) hours worked during the
workweek. Unless specifically exempted, employees covered by the FLSA must receive overtime
pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their
regular rates of pay. FLSA applies on a workweek basis. An employee's workweek is a fixed and
regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide
with the calendar week, but may begin on any day and at any hour of the day. Different
workweeks may be established for different employees or groups of employees. Averaging of
hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular
workweek must be paid on the regular pay day for the pay period in which the wages were
earned.

4. Brown County Sheriff's Office commissioned or certified employees work under a 4 week pay
cycle of 160 hours consisting of 13 pay cycles per year.

5. Police and Fire Fighters Under the Fair Labor Standards Act (FLSA) have broader guidelines.
The following provisions concern the application of the FLSA requirements to law enforcement
and fire protection personnel of State and local governments.

FLSA Guidelines

Fire protection personnel employed by a fire department include firefighters, paramedics, emergency
medical technicians, rescue workers, ambulance personnel, or hazardous materials workers who are:

1. trained in fire suppression,

2. have the legal authority and responsibility to engage in fire suppression, and

3. are engaged in the prevention, control and extinguishment of fires or response to emergency
situations where life, property, or the environment is at risk.

Law enforcement personnel are employees who are empowered by State or local ordinance to enforce
laws designed to maintain peace and order, protect life and property, and to prevent and detect crimes;
who have the power to arrest; and who have undergone training in law enforcement.

Coverage

Employees of State and local governments are covered by the FLSA (section 3(s)(1)(C)).

Requirements

Hours of work include all of the time an employee is on duty at the employer's establishment or at a
prescribed work place, as well as all other time during which the employee is suffered or permitted to
work for the employer. Under certain specified conditions time spent in sleeping and eating may be
excluded from compensable time.

The FLSA requires that all covered nonexempt employees be paid the statutory minimum wage of not
less than $7.25 per hour effective July 24, 2008 and $7.25 per hour effective July 24, 2009.
The FLSA requires that all covered nonexempt employees be paid overtime pay at no less than time and
one-half their regular rates of pay for all hours worked in excess of 40 in a workweek.
Section 13(b)(20) of the FLSA provides an overtime exemption to law enforcement or fire protection
employees of a public agency which employs less than five employees in law enforcement or fire
protection activities.

Section 7(k) of the FLSA provides that employees engaged in fire protection or law enforcement may be
paid overtime on a "work period" basis. A "work period" may be from 7 consecutive days to 28
consecutive days in length. For example, fire protection personnel are due overtime under such a plan
after 212 hours worked during a 28-day period, while law enforcement personnel must receive overtime
after 171 hours worked during a 28-day period. For work periods of at least 7 but less than 28 days,
overtime pay is required when the number of hours worked exceeds the number of hours which bears the
same relationship to 212 (fire) or 171 (police) as the number of days in the work period bears to 28.
Under certain prescribed conditions, a State or local government agency may give compensatory time at
a rate of not less than one and one-half hours for each overtime hour worked, in lieu of cash overtime
compensation. Employees engaged in police and fire protection work may accrue up to 480 hours of
compensatory time.

An employee should be permitted to use compensatory time within a reasonable period after making the
request, if doing so does not "unduly disrupt" the operations of the employer.
At the time of termination an employee must be paid the higher of (1) his/her final regular rate of pay or
(2) the average regular rate during his\her last three years of employment for any compensatory time
remaining "on the books" when termination occurs.

No covered employer may employ any minor in violation of the youth employment provisions of the FLSA.
The Act establishes specific provisions concerning prohibited occupations and/or hours of employment of
minors under age 18.

Covered employers must make, keep and preserve payroll-related records as described by regulations 29
CFR Part 516.

Administrative Exemptions

Under the Fair Labor Standards Act (FLSA) regulations, certain Executive and Administrative employees
are considered salaried employees and are therefore not entitled to overtime pay. The title given to
workers, such as Chief, Captain or Lieutenant does not ultimately determine overtime eligibility.
Exemptions do not apply to police, detectives, deputy sheriffs, investigators, corrections officers, parole or
probation officers, and Emergency Medical Technicians (EMT's). Administrative exempt employees of
the Sheriff's Office are the Sheriff, Chief Deputy, Captain, Jail Administrator (Captain) and Jail Lieutenant.
These positions may be required to work sporadic periods of times such as for appearances at public
gatherings or major events demanding more hours. At the Sheriff's direction, an administrative exempt
employee may be directed to work long hours for certain periods of time or may be allowed to work a
much shortened week. Generally, administrative exempt employees will work an average of 40 or more
hours per week.

On Call or Stand-By Status

Certain employees may be assigned to an "on call status to supplement personnel shortages,
emergency response, or to handle enforcement events arising inside the county. When assigned to an
on call status, employees will remain readily accessible by phone, cell phone, or pager. If it becomes
necessary for an employee to leave Brown County during on call status, the employee must find
someone to handle calls in his/her absence and must have the approval of the first line supervisor. If an
employee leaves the county for a personal emergency, the first line supervisor is responsible for
assigning the replacement.

The "stand-by status is used for events or investigations which are ongoing and where personnel have a
high probability to be engaged and must be immediately available to respond. When on stand-by status,
personnel are notified in advance to be at a specific location, immediately available to respond for special
assignment. First line supervisors will place personnel, as needed, in a stand-by status and will do so in
such a way to minimize overtime when engaged.

Any employee who has been specifically assigned by supervision to "On Call or "On Standby status is
prohibited from consuming alcohol when there is a probability to being called to duty.

Commissioned law enforcement personnel and jailers are required, as a condition of employment, to be
available by phone or other like means for emergency stand by, call outs, and emergency related duty. In
addition, employees must be available to prosecutors or supervisors concerning pending investigations,
court testimony, or ongoing assignments. As a minimum, an employee will respond to phone calls within
24 hour of a request or phone call from a supervisor or prosecutor. Any employee who fails to respond to
a supervisor's request or phone call within 72 hours may be subject to termination. Any employee who
fails to report for duty within 72 hours is subject to termination. Prior to leaving for vacation or being
absent on authorized leave, the employee will provide general information about itineraries and contact
information, should a need arise to contact the employee. Any employee who willfully fails to report to a
supervisor concerning the responsibilities of his or her employment will be subject to disciplinary action,
up to or including termination.

Funeral Leave

Brown County employees are allowed up to three (3) days leave with pay for a death in the immediate
family. The immediate family is defined as the employee's spouse and the child, parent, brother or sister

of the employee or the employee's spouse. Employees may be allowed time off, with pay, up to a
maximum of four (4) hours to attend the funeral of a relative who is not a member of the immediate family
or the funeral of a friend. Leave needed beyond the limits set in this policy will be charged to holiday,
vacation or leave balances.

Jury Duty Leave

Employees of Brown County will receive regular pay for the period they are called for jury duty which
includes both the jury selection process and, if selected, the time they actually serve on the jury. Pay for
serving on a jury will only include the time the employee would normally been scheduled for work and will
not include extra pay if jury service involves time outside the employee's normal work schedule. Fees
paid for jury service may be kept by the employee.

Court Witness

Employees subpoenaed or ordered to attend court as a witness or testify out of work related matters or in
an official capacity on behalf of the county, will testify on county time.

Employees who are subpoenaed or ordered to attend court out of civil, personal-related matters on non-
work or non-county related matters will testify on personal time and at personal expense. Time off will be
charged toward holiday, compensatory, or vacation time at the first line supervisor's discretion.
Employees who are compelled to testify on personal related matters may not represent the Sheriff's
Office in any manner, unless prior approval is obtained by the Sheriff.

Employees subpoenaed or ordered to attend court on behalf of a criminal defendant must immediately
notify the first line supervisor and the prosecutor handling the case. The employee must provide a full
explanation to the extent of the employee's expected testimony to the first line supervisor and the
prosecutor. An employee compelled to testify under subpoena or court order in behalf of a criminal
defendant or a party that is an adversary to the Brown County or the State of Texas will do so on off-duty
(personal) time and personal expense, unless otherwise approved by the Sheriff. Time off will be
charged toward holiday, compensatory, or vacation time at the first line supervisor's discretion.

Supervisors on Leave

When a supervisor is off on leave, the supervisor will appoint a subordinate employee to serve as acting
supervisor until the supervisor's return to duty. The acting supervisor will handle most matters handled by
the supervisor during the supervisor's absence. The acting supervisor must keep the supervisor informed
of ongoing activity of the unit and decisions made in the supervisor's absence. The acting supervisor will
also keep the next in-line supervisor informed concerning the unit.



Directive Number
02.003

Effective Date
11/01/2005

Revised Date
02/15/2011

Division: All



Title: Professional Appearance and Dress Codes

Professional Appearance

Statement: Employees, as public servants are expected to dress in a manner that is professional and
consistent with expectations of the public and the Sheriff. Professionalism often begins with the first
contact with the public. Often, people judge law enforcement professionalism simply on the first
impression. A sharp appearance is a critical part of that first impression. The professional appearance
reflects a conscientious officer who takes his/her responsibilities and the public trust seriously and it is
critical to the mission of the Sheriff's Office for obvious reasons. Uniforms are to be clean and properly
worn and supervisors are expected to set the example for professional dress. Uniform requirements and
dress codes within the Sheriff's Office will conform to the various functions of the Sheriff's Office (Jailer,
Deputy, CID etc., each requiring differentiations in dress). This policy will address the different levels of
dress code. The chain of command will make the final decisions concerning disagreements or
exceptions. Where this policy does not address a particular aspect, dress code variations will be
addressed and approved by supervision.

Brown County Sheriff's Office uniforms, badges, or tactical clothing may not be worn off duty in public
view, unless under circumstances approved by supervision. Off duty representation as an employee of
the Brown County Sheriff's Office (by dress) is permissible only when there is a clear law enforcement
nexus. Representation of the Sheriff's Office (by dress) is strictly prohibited when the dress to
intentionally influence a person toward personal gain or advantage by the employee or an unauthorized
viewpoint of the Sheriff's Office. The off duty wearing of clothing that represents the Sheriff's Office is
strictly prohibited in places where alcohol is consumed or sold. Temporary exceptions to this policy may
be reviewed and approved by a supervisor upon justification. Unauthorized use of the Sheriff's Office
badge, patches, or uniforms is subject to disciplinary action, up to termination.

Uniformed Commissioned Officers

All deputies assigned to a uniformed position will be required to dress in a uniform that is consistent with
the following standards. This policy applies to Patrol Deputies, Courthouse Security Deputies, Transport
Deputies and Civil Process Deputies. All uniforms will be cleanly, correctly tailored, and pressed. Prior to
purchasing or acquiring uniform clothing, the employee will consult with the supervisor on specifics
concerning design, colors and manufacturers. The acquiring officer must insure the color and design
requirements accurately match. When in doubt, the supervisor must be consulted. With the approval of a
supervisor, older less compliant uniforms may be worn for an extended amount of time.

Uniformed Officers On-Duty: Whenever a Uniformed Commissioned Deputy is on duty he must be in
uniform. Any time a uniformed deputy is required to be on duty such as a call-out, meeting, or special
event, the employee must be in uniform. At times, a uniformed deputy may be assigned to CID
assignments or other special duties. During these times, dress will be commensurate with the policy on
the non-uniformed or CID dress requirements (below).

Shirts: Shirts must be khaki in color, military style with flap pockets and epaulets. All buttons will be
fastened at all times. Patches will be sewn on both sleeves ! inch from the shoulder seam.

Trousers: Trousers will be tactical BDU style trousers, tundra in color.

Duty Gear: Duty gear will generally consist of the belt, holster, hand cuff holder, intermediate weapon
holster, radio holster, and must be constructed of either leather or tactical nylon fabric, black in color.
Belts and accessory gear will be maintained in functionally good order, clean and neatly polished
(leather). Duty gear must be matched in material of the same construction (leather on leather or nylon on
nylon)

Holsters: May be constructed of either leather or tactical composite or nylon fabric, black in color. Holsters
must be a minimum Retention Level II.

Footwear: Boots or shoes must be of construction compatible with police work. Footwear must be of
leather and/or nylon composition and black in color. Footwear will be functionally appropriate, clean and
polished.

Badge: The authorized badge will be pinned in the appropriated holes or centered above the left pocket.

Weapons and Intermediate Weapons: Approved firearm and handcuffs with at least one approved
intermediate weapon will be worn on the duty gear belt. An intermediate weapon will consist of at least
one or more of the following, ASP baton, Taser, or authorized pepper spray.

Rank Insignias: Chevrons for the rank of corporal or sergeant will be placed ! inch below the patches on
both sleeves. Lieutenant or Captain's rank bars will be centered on each collar, gold in color.

Name Plates: Name plate placement will be centered above the right pocket.

Swat Badges: Members of the SWAT Team will wear a SWAT badge centered on the left pocket flap.

Neck Ties: Neck ties will be worn with long sleeve shirts only.

Bullet proof vests: Will be worn by uniformed deputies at all times. Bullet proof vests will be worn by non-
uniformed deputies handling or transporting high risk suspects or inmates. Exceptions to this policy for
brief periods of time (such as for health reasons) will be requested in writing for approval by the Sheriff.

Hats: Summer hats will be western, light colored Shantung straw or an approved ball cap with the
Sheriff's Office badge. Winter hats will be will be western felt hat, light grey in color or an approved ball
cap with the Sheriff's Office badge.

Jackets: Jackets will be brown in color, complimenting the overall professional appearance of the uniform.
Jackets will have the badge embroidered on the left breast with the words "Brown County Sheriff's Office
near the badge.

Exceptions to dress policy: Exceptions to colors, such as brown for black shoes, or brown for tundra
will only be on an approved basis. Approvals for exceptions may be granted by the first line supervisor,
with concurrence of the chain of command.

Formal Uniform Dress and Formal Dress

Formal uniform dress will consist of freshly pressed long sleeve uniform shirt, uniform slacks or BDU's
and tie with shined shoes. Formal dress non-uniformed personnel for will consist of business or 'business
casual' freshly pressed oxford shirt and tie and slacks (for men) or business casual slacks and jacket and
blouse for women. Formal uniform dress will be worn for court and grand jury appearances. Formal
uniform dress will be worn for special public functions where Sheriff's Office personnel are visible for
special purposes such a parades, sporting events, or high profile events where a focus is on the Sheriff's

Office. Formal dress will be worn at funerals for past or present officers. Summertime exceptions may
be granted on a case by case basis by supervision.

Non-Uniformed Deputies

Male and female officers who work in a non-uniformed capacity, such as CID Officers, will dress in
pressed slacks and oxford type or button down shirts. This type of dress is termed as business or
business-casual dress. Officers who appear in court or in high visibility events will wear a tie, and coat if
appropriate. Clothing will be clean and pressed. Officers will wear a belt badge or shirt badge with a
holster and weapon that compliments professional dress and readily identifies them as officers. If
handcuffs are not worn, officers will keep knowledge of the close proximity of accessible handcuffs. CID
Officers will wear bullet proof vests during high risk events or as deemed by supervision. CID officers are
strongly encouraged to keep flex cuffs on or near their person. Officers who are assigned to
surveillances or undercover investigations will dress as deemed appropriate by the inline supervisor.

Support Personnel

Support personnel will wear clothing that is "business casual, modest, and appropriate for the office
environment. Commissioned support personnel (reserve officers) or jailers who have law enforcement
commission, may wear a uniform only as approved by the Sheriff.

Tactical Team

Members of the Sheriff's Office Tactical Team officers will wear Khaki tactical clothing that is clearly and
prominently marked as law enforcement with "SHERFF'S OFFCE wording on tactical clothing. Tactical
dress will consist of appropriate footwear, weaponry, and equipment as approved by the chain of
command.

Jailers and Road Crew

Jailers are required to dress in a uniform that is consistent with the following standards. All uniforms will
be cleanly, correctly tailored, and pressed. Approvals for exceptions may be granted only by the Jail
Administrator with consultation with the Sheriff and/or Chief Deputy.

Shirts: Shirts will be khaki in color. The shirt will be military style with flap pockets and epaulets. All
buttons will be fastened at all times. Patches will be sewn on both sleeves ! inch from the shoulder
seam.

Trousers: Trousers will be tactical BDU style trousers or jeans brown in color.

Hats: Summer hats will be western, light colored Shantung straw or an approved ball cap with the
Sheriff's Office badge. Winter hats will be will be western felt hat, light grey in color or an approved ball
cap with the Sheriff's Office badge.

Duty Gear: Duty gear will consist of the belt and intermediate weapon holder and must be constructed of
either leather of nylon fabric, black in color. Belts and accessory gear will be maintained in functionally
good order, clean and, if leather, neatly polished.

Holsters: Jailers and road crew who are authorized to carry a weapon must have holsters constructed of
either leather or nylon fabric, black in color. Holsters must be a minimum Retention Level III.

Footwear: Boots or shoes must be of construction compatible with corrections or construction work.
Footwear will leather and/or nylon in composition and black in color. Footwear will be functionally
appropriate, clean and polished.

Court Appearances

All court appearances will be formal dress (see above). In the event of unexpected request for a court
appearance, employees will appear in court as sharp as they can, considering time restraints. Employees
who are on standby for court or a grand jury appearance will be prepared to be in formal dress.
Employees are to be mindful that the court appearance is a time when the professional bearing of the
Sheriff's Office is never so visible, and they must dress accordingly.

Casual Dress

On certain occasions and with supervisory concurrence, employees may dress casually, in jeans, shirts
and shoes as deemed appropriate for the occasion or event. Examples would be firearms training,
tactical training, or manhunts where officers would need to dress in clothing appropriate for searching
through heavy brush. Casual dress must be approved by a supervisor.

Inspection

First line supervisors will monitor the professional appearance of employees and address concerns as
they arise. All employees are subject to casual or formal and unannounced inspections of uniforms.

Physical Appearance and Hygiene

All employees of the Brown County Sheriff's Office will bathe and maintain good personal hygiene on an
ongoing basis. Hair will be neat and groomed. Facial hair will be cleanly shaven. Side burns are not
permitted past the normal hairline. A moustache may be worn only with supervisory approval, and may
neatly trimmed to extend nor more than one-fourth inch past the outer corners of the mouth. Facial hair
such as beards or goatees is not permitted unless approved for surveillance(s) or undercover
assignments approved by a supervisor. Fingernails will be clean and neatly trimmed so as not to prevent
the efficient operation of police equipment.

Tattoos

Tattoos will be covered. Officers with tattoos will wear long sleeve shirts or cover the tattoos with
approved clothing. Some tattoos, such as a single military insignia, may be approved on a case by case
basis by the Sheriff.

Earrings and body piercing

Earrings and body piercing is strictly prohibited. Female employees may wear earrings complimentary of
professional dress.

Sunglasses

Officers may wear sunglasses that allow the eyes to be seen. Mirrored or dark reflective sunglasses are
strongly discouraged. A critical part of personal effectiveness is the ability to communicate with eye
contact. Officers are reminded that when on traffic stops or other short-contact events with citizens, it may
be wise to remove the sunglasses glasses at some point during the contact to make the communication
more effective. Use of wearing sunglasses during the night or low light times is strictly forbidden.

Contractors, Interns or Volunteer Employees

Contractors, interns, or volunteer employees will be subject to dress as deemed appropriate by the unit
supervisor affected by the service performed. For example, food service contractors for the jail must
dress as required by the Jail Administrator.



Directive Number
02.004

Effective Date
10/10/2011

Revised Date

Division: All

Supercedes: N/A


Title: News Media Guidelines

News Media

Statement: The news media has a responsibility to accurately and objectively communicate news and
actions of government to the public. Accurate news reporting is the responsibility of a free and
democratic society. Public service is enhanced when government is transparent and accountable to its
citizens. For these reasons, the Brown County Sheriff's Office (BCSO) will strive to maintain a positive
and cooperative relationship with news members and agencies. Members of the news media will be
treated courteously and respectfully as they go about their work. Sheriff's Office employees must be
mindful that the first impression can often become the public's impression of the entire organization and is
part of professional bearing.

Law enforcement will always be a source of news, media attention, and public scrutiny. It is our goal to
provide the news media with timely and factual information, with as much clarity as possible, and without
harming investigative goals. Ambiguous, speculative, or inaccurate information, no matter how
unintentional, will only embarrass the officer and the Sheriff's Office. When approached for information
by media representatives, employees will refer the media to a supervisor, commanding officer, or
appropriate case agent to respond to questions. No employee will comment on information unless there is
a very clear understanding of the event(s) and supervisory approval. No BCSO officer will intentionally
shield a media member from filming, photographing, or recording events lawfully covered.

Identification of Media Members

News media personnel will not be allowed access to a secured event unless they are properly
credentialed. When it is unclear if a person is associated with a viable news organization, media
members may be required to present identification that confirms employment by an established news
organization. Under some circumstances, media members may be requested to wear identification or
clothing such as a jacket by the news agency. An official identification card on a lanyard or identifying
clothing serves to eliminate confusion about the responsibilities of others at an event site.

Crime Scene

While a crime scene is secured, news media personnel will not be allowed to cross over any perimeter or
boundary secured by law enforcement. Media personnel are permitted immediate access up to a police
line or boundary as long as access does not impede emergency personnel or any aspect of the
investigation. With the approval of a supervisor, Investigators may allow for a more assessable or
intermediate staging area inside the tape or perimeter in order to aid the media with their efforts as long
as there is no impediment to the investigation or to emergency personnel. Officers are reminded that the
news media has a legal right to observe, video, photograph, or record any event(s) or any person(s)
during at an event. Officers do not have the authority to move a media representative away from an area
which is accessible to the general public.

Media Interviews

Media interview(s) concerning an event handled by the Sheriff's office will be conducted by the Sheriff or
his designee. When approached by media for an interview, the BCSO employee will refer the media
representative to the Sheriff or to a supervisor who will arrange for access to the Sheriff or the Sheriff's
designee. Officers at the scene may comment only to the readily obvious situation at hand. When it
comes to specific details, or investigative findings, media members will be referred to the Sheriff or the
Sheriff's designated officer. Officers who have limited or little knowledge of the situation must refrain from
comment on the specific matter. Under no circumstances will a BCSO employee speculate or make
presumptuous comments about a crime to media representatives. Deputies may not disclose specific
investigative details unless there is a clear benefit toward the investigation. Unless specifically authorized
to do so, Deputies will not comment on investigative details or methodology such as undercover, sensitive
investigative techniques, or tactics that are inadmissible in a court, such as the existence or results of
polygraph examinations. A BCSO employee will not comment to the media about matters of another
enforcement agency. Whenever the Sheriff's Office assists in a situation handled by another agency,
media members will be referred to the appropriate agency.
The lead officer(s) at a major event will inform the Sheriff or Sheriff's designee about the situation in order
to prepare for media inquiries. In some cases the Sheriff may designate a supervisor or deputy to provide
the media with the information in order to best provide the media information by those closest to the
event. This will be done only after the Sheriff is fully briefed. Approved/designated officers must
understand there are some questions or matters that may not be disclosed to reporters because of: (a)
law; (b) investigative confidentiality; or (e) the potential of harm to a witness or victim. Make sure the
reporter understands why a question cannot be answered.

Identification of Crime Suspects or "Person(s) of Interest" (prior to arrest)

Suspects will be identified to the media as suspects if the investigation has progressed in such a way that
suspect identification will serve the public interest or further aid in apprehension. A "person of interest is
person who may be a witness, or have plausible information that would aid in the investigation, or has the
potential to be elevated as a suspect.

Release of Photographs, Booking Information, and Reports

Upon request, information that is subject to the Public Information Act, such as booking, information, bond
amounts, arraignment, charges, initial reports, call logs, and booking photos may be released. Information
in an ongoing investigation must have the approval of the supervisor with direct authority over the
investigation or the administrative staff or the Sheriff prior to release. Under some circumstances, general
public information (such as booking photos) may be temporarily withheld if it is in the best interest of the
investigation. Generally, inquiries for information will be requested through the support staff of the front
office of the Sheriff's Office. Investigative information contained in CID investigative reports should have
the concurring approval of the prosecutor involved. Photographs and videos must have the approval of
the administrative staff. Questions or interpretations of this policy on the release of information will be
resolved by the administrative staff with the final approval of the Sheriff.

Defendants (In custody)

When providing the identifying information of a defendant, it will be consistent with lawful requirements
associated with public records and information, and/or with the authorization of the Sheriff. Defendants in
custody will be restrained and transported to and from court in accordance with transports policy. During
arrest, transport, or incarceration a defendant(s) will not be intentionally posed to the media. This does
not prohibit the media from strategically positioning themselves to photograph or video a defendant during
the natural course of an arrest or transport. Deputies or jailers will not permit access to a person in
custody during a transport or court proceeding. Under certain circumstances, the media may be allowed
to interview a defendant through the normal visitation hours and under the guidelines of the jail
administrator. Media representatives may request a release of a jail photograph.

Witnesses

The release of any information concerning a witness in a criminal investigation is strictly prohibited. If it is
determined that the release of witness information is in the best interest of an investigation by the
Sheriff's Office, it must have prior approval by the Sheriff, the Chief Deputy, or the Sheriff's administrative
staff. Regardless, any information released concerning the identity of a witness must have prior approval.
This does not prohibit a witness from independently commenting to the media about his or her
involvement in an event. Where possible, witnesses (who voluntarily chose to identify themselves or
report information to the media) will be reminded of lawful perimeters.

Official Media Release

The Official Media Release is designed to bring clarity to the media concerning the event or the crime for
which it addresses. Preparers of the Official Media Release must be mindful that the goal is to provide
the media, and ultimately the public, with information that is accurate, informative, and timely. This
ultimately saves time and provides clarity to the situation. It also serves to make the entire process
favorable for those who have an interest in the information. Generally, a release should be provided to the
media prior to a Formal Media Briefing. The release must be in strict uniformity with the rest of this policy.

The Official Media Release is a document on the letterhead of the Brown County Sheriff's Office. It will
contain a synopsis or overview of information for the media and will open and close with "Authority of
Sheriff Grubbs. t will contain pertinent information about dates, times, persons, and places that are
normally accessible through open records. When in the interest of the Sheriff's Office and the public,
photographs will be attached or provided. Generally, the release will provide the name of a designated
BCSO contact person who would be able to communicate additional details as they became available.
The release must be preapproved by the Sheriff or his designee.

Formal Media Briefing

On major events, the Sheriff may elect to announce and conduct a media briefing. Where possible, the
media briefing will be announced with at least 2 hours lead time to allow time for the media to arrive and
set up for the briefing. Where possible, members of the media will be provided with a written overview
(Official Media Release) of the event. Reporters and journalists will be given the opportunity to ask
questions pertinent to the issue at hand. The Sheriff or his designee will coordinate the meeting and may
designate other members of the Sheriff's Office to be present to assist in answering questions. Under no
circumstances will a BCSO employee comment to the media about matters completely confined to
another agency. Whenever the Sheriff's Office assists in a situation handled by another agency, media
members will be referred to the appropriate agency.

Media Requests under the Texas Open Records Act

All information that is accessible by the Texas Opens Records Act, Chapter 552 Government Code, is to
be released to the media upon request or within the time requirements of the Open Records Act.
Exceptions to this must be first cleared by the administrative command. No employee may arbitrarily
withhold information that falls in this area of the law. Concerns for information release should be directed
through the first line supervisor to the Operations Captain and Chief Deputy or Sheriff who will make the
determination about the release of information.

Improper or Unlawful Actions by Media Representatives

Media members will be allowed lawful access to events as long as the actions do not interfere with the
immediate goals of officers and emergency personnel. Sheriff's Office employees will not prohibit media
from actions on private property unless there is a clear lawful nexus, such as complainant and/or an
illegal act. If a property owner requests the removal of media from the property, the deputy will inform the
media of the reason they are asked to move. Deputies or Brown County personnel will not exclude media
access to private property when the same access is allowed by the general public.

f a media member engages in distasteful, repugnant or disrespectful manner, Sheriff's Office personnel
will not interfere unless the behavior is an illegal act. A media representative who is observed in
repugnant, rude, or disrespectful conduct will be identified and the behavior reported to the BCSO
supervisor. The BCSO supervisor will address it with the appropriate supervisor of the media agency. If a
media member behaves in a manner that is unsafe to himself/herself, the member may be verbally
cautioned but not prohibited. If the behavior causes any safety risk or harm to others, the member will be
removed or arrested. Any media member who disobeys a lawful directive, or otherwise violates the law,
may be arrested as any other person who violates the law. Misunderstandings with a media
representative will be resolved at the direction of supervisor or administrative staff. The Sheriff and Chief
Deputy will be kept apprised of any situation involving questionable, unlawful, or uncooperative acts of a
media representative.



Directive Number
02.005

Effective Date
02-01-2011

Revised Date
03-01-2012

Supercedes: N/A


Title: Employee Performance, Evaluations, Awards
and Commendations

Employee Performance

Statement: Good and formidable law enforcement is characterized by discipline, both positive and
negative. Internally, all employees have the responsibility to hold each other accountable for the mission
and the objectives of the Sheriff's Office while the responsibility of formal evaluation, commendation, or
discipline begins with the first line supervisor and continues up to the Sheriff. The first line supervisor will
observe employee performance in a number of ways; weekly activity reports, arrests, reports, assists,
criminal interdiction stops, traffic arrests and warnings, court testimony and dress are only a few. All of
these aspects are to be considered when formal employee evaluations and counseling is documented by
the first line supervisor. Commendations and awards are focused on an event or a sustained notable
performance over a period of time.

Performance Evaluations

Statement: Annually, a performance evaluation should be performed on each employee of the Brown
County Sheriff's Office. The ultimate objective of the performance evaluations is simply to improve the
employee and the Sheriff's Office. Throughout the year, supervisors should maintain an ongoing
objective to supervise employees toward a high level of achievement and effectiveness. The supervisor
must have in mind a number of job based performance indicators when evaluating employees. The
performance evaluation is also the opportunity for the supervisor and the employee to discuss the mission
and objectives of the Sheriff's Office and to make realistic efforts as they relate to the employee toward
the mission and objectives of the Sheriff's Office.

Policy

Formal performance evaluations must be completed annually and submitted no later than March 31 of
each year. The first line supervisor is responsible for the performance evaluation.

The first line supervisor of the employee will complete the form (Form number 02.005.01) and perform the
performance evaluation in a private setting. In the absence of the first line supervisor, the next in line
supervisor will perform the evaluation.

The first line supervisor will document notable accomplishments and special efforts of the employee, as
well as outstanding personality traits that contribute to good work. The supervisor will also use the
performance evaluation to inform the employee of policies or information in the organization that effect
the employee's position as well as receive input of the employee concerning the position.

Throughout the evaluation process, the supervisor must keep in mind that the ultimate goal is to improve
the employee. Positive and negative aspects of the employee's performance should be presented in an
objective manner.

Performance evaluations will be kept as a permanent record in the employee personnel file.

Performance Evaluation Report (Form 02.005.01) Guidelines

The performance evaluation form (Form number 02.005.01) should be thoroughly completed by the first
line supervisor as correlates to the position of the employee. The evaluation should be written with the
overall objective to improve the employee. It must be an objective and balanced assessment of the
employee's performance for the previous year. Most of the evaluation form is self explanatory.

Section B, C, D, and E should cross reference to the Section A, checklist listing 30 traits. Traits 31
through 41 should be only completed by supervisors who supervise supervisors.

Section B should document the employee's job strengths and areas of exceptional performance, awards,
or achievements. The supervisor will mention any formal awards that have been presented to the
employee over the past evaluation period. Section B will correspond with traits checked "Exceeds
Expectations in column 3.

Section C must list broad department goals and individual goals that have been set out by the
supervisor. These may be personal work goals or organizational goals or initiatives that will be pertinent
in the future. Section C will also correspond to traits checked "Some mprovement Needed in column 2.

Section D must comment on work deficiencies or job behavior needing improvement and also set out
constructive suggestions for accomplishing better performance. This section will comment on disciplinary
action that has occurred during the evaluation period and whether or not the goals of the disciplinary
action were met. Section D will correspond to traits checked "Unacceptable in column 1. Performance
deficiencies listed in this column must have immediate corrective behavior demonstrated on the part of
the employee. Prior to giving the performance evaluation with corrective or disciplinary points, or
contentious comments, the supervisor should review the evaluation with the next inline supervisor for
concurrence with the evaluation.

Employee Acknowledgement and Receipt

During the evaluation, the supervisor will discuss the aspects and goals of the evaluation in a
straightforward manner. Once the employee has read the evaluation and is fully apprised of the
evaluation, the employee is to sign the evaluation. While the employee may not agree with the some
parts of the evaluation, the signature serves to document that the employee has read the evaluation and
acknowledges the overall goals of the evaluation. Upon request of the employee, the employee may be
provided a photocopy of the evaluation by the first line supervisor.

Disagreement or contention of the Evaluation

If the employee disagrees with the evaluation, he may make comments concerning the point(s) of
disagreement above the signature. While the employee may not agree with the some parts of the
evaluation, the signature serves to document that the employee has read the evaluation and
acknowledges the overall goals of the evaluation.

If the employee desires to contend the evaluation (further than the evaluation form comments), the
employee may submit the contention on an interoffice memorandum, addressed to the supervisor within 3
days of the date the evaluation was given. The contention will be attached to the evaluation and kept in
the personnel file as an addendum to the evaluation.

Performance evaluations will be kept in the employees personnel file. A photocopy of the signed
evaluation will be provided at the employee's request.

Unscheduled Performance Evaluations

In addition to the formal annual performance evaluation, a supervisor may perform an unscheduled
evaluation. Unscheduled evaluations will have the concurrence of the next in line supervisor prior to
being given.

Probationary Evaluations

Newly promoted employees, new employees, or employees on disciplinary probation may have a
performance evaluation at 60 day intervals. Probationary evaluations may be by two general methods:
interoffice memorandum (narrative) or on the performance evaluation form.

Written or Verbal Counsel

When a supervisor sees it is in the interest of correcting work that needs improvement, the supervisor
should document the counseling session with the employee. On the written counsel form, the supervisor
should note the recommended steps to improve performance. Normally, written counsel should be within
3 days of the time of the action in need of correction. Written counseling must not be confused with the
written reprimand, a formal disciplinary action, that is composed on an interoffice memorandum as a
result of the disciplinary process. Written counseling should be documented on BCSO Form 02.002.04.
Verbal counsel is the ongoing approach the supervisor uses to suggest employee improvement.

Commendations and Awards

Statement: Professional Law Enforcement is demanding and dangerous. It requires good judgment and
sharp thinking in often difficult situations. Officers and employees, by nature of the employment, are
called to these high standards on a regular basis. Normally, a written request for a commendation should
be submitted by a supervisor or citizen. The administrative staff will evaluate the request and make
recommendations to the Sheriff for approval. Awards are normally given to citizens by the Sheriff.

Chapter 3
Reports, General Enforcement Provisions,
Reports, Operational Procedures, Civil Process,
Warrant Service



Directive Number
03.001

Establish Date
02/15/06

Revised Date
09/15/2011

Division: All Personnel Supersedes: 10/15/2009


Title: Reports, Security, Investigative Classifications and
Status

Reports

Statement: The written document, whether in a report form, memorandum, letterhead or other form, is a
permanent reflection on the writer's work, the writer's competence, and the professionalism of the
organization. All reports, including applicant investigations, criminal investigations, internal
memorandums, weekly reports, and internal investigations must be accurate and thoroughly well written.
The report writer must keep in mind that the goal is the accurate communication of information which is
comprehensive and objective. Thoroughly detailed, well written case reports are critical for investigative
integrity, equipping prosecutors, and ultimately serving the criminal justice process. Today, scrutiny on
the depth of law enforcement investigations is higher than ever before. Reports are reviewed extensively
in the course of legal and professional processes and are read by a variety of readers including
supervisors, secretaries, prosecutors, clerks, attorneys, judges, and citizens. Reports must be accurate
and professional and must follow the level of uniformity established by the Sheriff in this policy.

Reports Process and Supervisory Review: All reports must have supervisory review and approval.
Upon completion, the report must be submitted to the first line supervisor for final approval. When the
supervisor reviews the report and is satisfied that the final draft report meets compliance with this policy,
the report is to be approved by the supervisor to permanent status. Officers are strongly encouraged to
type reports into Net Data or use a word processor for reports. Officers who prefer to hand write reports
will submit the legible, hand-written, report for typing to the secretary and then on to final review to the
Sergeant. The final (typed) report must have the original signatures of the writer and supervisor prior to
filing or dissemination.

Patrol reports: Reports by Patrol Deputies must be first submitted to the first line supervisor for
approval. The Patrol Sergeant, or acting Patrol Sergeant, will review the report for conformity with this
policy. When the case needs follow-up from CID, the Sergeant, or his designee, will place a photocopy of
the report in the CID tray for further investigation. The Patrol Sergeant, after reviewing the report, will
give the report to the secretary for corrections (if needed) and permanent status filing. Once typed to final
draft, the original report, when approved will be a permanent status report and retained in the master files.
All reports and supplements in the master files are considered as permanent status reports and must
have the original signatures of the writer and approving supervisor.

CID reports: Reports generated by CID Deputies will be first submitted to the CID Sergeant or Acting
CID Supervisor. Generally, CID reports have a higher degree of scrutiny and therefore must be closely
reviewed by the supervisor for investigative thoroughness, completeness, and conformity with policy. CID
reports must thoroughly document criminal events, investigative details, lead progression, and case
elements. When satisfied with the state of the report, the writer of the report is to affix his/her signature
and submit to the supervisor for approval for permanent status. Permanent status (original) investigative
reports must have the original signatures of the writer and supervisor and are retained in the master files.

Investigative Report Minimum Format Requirements

At a minimum, all investigative reports will contain the following: Date of Report, Date of Offense, Offense,
Complainant, Suspect/Defendant, Synopsis, Details (primary body of the report). If an investigation
develops information such as more than 3 pieces of evidence, 3 witnesses, or 3 victims, the report must
have a section where the evidence, witnesses, or victims are listed. Lengthy reports may have summary
or conclusion statements if it serves to clarify the overall goals or conclusion of the investigation.

Secretary - The Patrol and CID Secretaries are to review for grammatical and spelling content and
conformity with this policy. If a report needs spelling or grammatical corrections, the secretary will make
the corrections and return the report for original signatures. Any change which affects an investigative
outcome or direction of the investigation is strictly prohibited except when approved by the writer and first
line supervisor. When the supervisor has approved the report, it will be placed in the master files as a
permanent status report. The CID secretary is responsible for the security and maintenance of the master
files and is responsible for file compliance (See report dissemination below). The CID secretary is also
responsible to document the dissemination of restrictive narrative reports in the master file. When a
request is made for access to a report, the secretary must document the request in the file jacket. Written
requests, such as Open Records Requests for reports will be placed in the file jacket. Review of a case
report or investigative file by the case agent, supervisor, or the administrative staff is not considered as
dissemination and not required.

Audit: The Patrol Sergeant, CID Sergeant, and Operations Captain will periodically inspect and audit
investigative files and will be ultimately responsible for file compliance. First line supervisors will affirm
that the status (see Status below) is established or updated.

Deadlines - Reports must be submitted within 5 (five) working days of the arrest or investigative activity.
The first line supervisor, upon justification, may grant extensions. Supervisors may require earlier
submission of reports when circumstances warrant. Normally, reports by patrol deputies will be
completed by the end of the shift.

Permanent Status - A report or supplemental report in permanent status is a final document, complete to
the date, approved by the supervisor, and which no further changes can be made. The permanent status
report is secured and maintained in the master file. The supervisor's signature indicates the supervisor
has reviewed and approved the report for accuracy and content. Each report, including supplemental
reports, must bear the writer's signature and the first line supervisor's approving signature before it can
be considered for permanent status. No report is to leave the Sheriff's Office if it is unfinished or
incomplete. Only reports that have reached permanent status may be disseminated. (Exception: when
the prosecutor needs a rough draft.) Changing a report after reaching permanent status is strictly
prohibited. If it is determined that a permanent status report needs to be changed because of
typographical or grammatical error or other clear justification, a change request must be made to the
Chief Deputy or Sheriff with an explanation of why the change is needed. Only then may a permanent
status report undergo a change.

Signatures Signatures must be on all final reports (permanent status) contained in master files. The
typed or printed name must be below the signature if the report does not identify the writer. The signature
should be easily identified as the original. It is suggested signatures be affixed in an ink different than
black to avoid confusion about the originality of signatures.

Report Security, Master Files, Restrictive Narrative Reports, Investigation Classifications

Security and Dissemination

All reports, supplements, and supporting documents of the Sheriff's Office will be secured in investigative
file jackets. Once reports are in permanent status, they will be stored in a master file and access carefully
monitored. Personnel who handle reports, investigative notes, or other sensitive paperwork must be
judicious to keeping items in their control secure at all times. Access to any form of sensitive information
will be kept to a minimum. All restricted narrative reports must have a dissemination sheet in the master
file. Each request to access a master file must be logged on the dissemination sheet (Form number
04.001.03). The originating report writer, at his/her discretion, may retain a photocopy copy and must be
responsible for the security of the report. Employees must not to leave sensitive information or reports in
work areas unattended. Employees are to keep offices, desks, and work areas tightly secured, locking
these areas when unattended.

Master Files

Sheriff's Office investigative reports are secured in master files which are secured in the CD Division.
When the supervisor has approved the report, it will be placed in the master files as a permanent status
report. The CID secretary is responsible for the security and maintenance of the master files and is also
responsible for file compliance. The secretary is also responsible to document the dissemination of
restrictive narrative reports in the master file. When a request is made for access to a report, the
secretary must log the request in the file jacket on the dissemination sheet. Written requests for access
to written reports will be placed in the file jacket. Review of a case reports or investigative file by the case
agent, or in-line supervision, or the administrative staff is not considered as dissemination and therefore,
not required.

Release of Reports, Open Records Requests for Investigative Reports

No reports or contents of investigative files may be released unless under lawful authority and
supervisory approval. Open Records requests will be granted only on a case by case basis on closed
files and with the concurrence of the County Attorney. The County Attorney is responsible for the
handling of Open Records Requests. Cases considered as open or open-inactive status (See Reports
and Investigative Status below) may not be released unless approved by the report writer and the
supervisor.

Restricted Narrative Reports

Restricted Narrative Reports are considered as the high priority investigative reports of the Sheriff's
Office. They are highly sensitive, and are to have the highest level of security. Restrictive Narrative
reports must always be handled in a closely guarded manner. All Class 1 and Class 2 Investigations
(Refer to Investigation Classifications in this policy) must be written under the restricted narrative format.
These investigative reports will have the heading "Restricted Narrative at the top of the report form and
will contain a "Sensitive notification at the bottom of the report as follows:

Sensitive
Brown County SheriII`s OIIice

This report is the property of the Brown County SheriII`s OIIice.
Neither it nor its contents may be disseminated without permission
outside the agency to which it was loaned.

Investigation Classifications

Statement: The purpose of an investigative classification system is to establish investigative priority,
sensitivity and security levels to investigations within the Sheriff's Office. All Class 1 investigations will
have the attention of and are subject to the oversight of the Sheriff and/or the Chief Deputy through the
chain of command. Officers conducting Class 1 investigations must keep the chain of command, and the
Sheriff and/or Chief Deputy, fully informed of the ongoing progress of the investigation. The investigative
classification level is assigned by the first line supervisor of the investigation and is designated on the
investigative report. Class 1 and 2 investigations will be in the restrictive narrative format.

1. Class 1 Investigation. All investigative files and reports pertaining to a capital, first-degree or
second-degree felony investigation, or has a high probability of state or national public attention.
Any investigation involving a public official or that is highly sensitive based on its merits or
unusual circumstances.

2. Class 2 Investigation. All investigative files and reports pertaining to a third-degree felony and
state jail felony investigation or has a probability of extensive public attention in Brown and/or
surrounding counties.

3. Class 3 Investigation. All investigative files and reports pertaining to a misdemeanor with a public
attention in Brown County.

4. Class 4 Investigation. A BCSO report that is taken or initiated which is primarily used for
documentation purposes with no, or very minimal, investigative work assigned.

Investigative File Status

First line supervisors will affirm that the status (see Status below) is established or updated. There are
four status (4) levels of investigative files, categorized as follows:

1. Open. Open investigative files are considered as open when investigative activity is active and
ongoing.

2. Open-Inactive. Open files which have the bulk of investigative activity documented to date but
with investigative potential that has yet to develop.

3. Closed. Investigative files in which investigative measures are complete and judicial proceedings
are concluded.

4. Archive. Closed investigative files, which is 3 years old or older, that are placed in archive file
storage. Open investigative files over 5 years old in which all investigative efforts have been
exhausted may be placed in archive file storage upon supervisory approval. The five year
requirement begins from the report of the date documenting the last investigative activity. Class
1 Investigative files will not normally be archived.

Basic Report Writing and Content Guidelines

1. Synopsis. Every enforcement or investigative report with a narrative of more than one full page
should open with a synopsis. The synopsis is a brief statement that concisely describes who,
what, when, and where about the investigation and the information documented in the report. As
a general rule, the synopsis should be between 2 and 5 sentences and be written in third person
(see examples).

2. Numbered detailed narratives. In reports consisting of more than a half page of narrative, the
narrative details should be in numbered sequence. Normally, each numbered detail should be
between 2 to 7 sentences. As the report focuses on critical elements or critical evidence of a
case, the writer should consider representing each element or evidentiary matter clearly and
thoroughly in one numbered detail (or paragraph), consisting of 1 to 3 sentences.

3. 1
st
or 3
rd
Person Narratives. The narrative of the report may be written in first person or third
person, depending on the writer's style. Generally, in police reports, reports written by patrol
deputies are more frequently written in the 1
st
person while investigative reports by CID are
normally in 3
rd
person. The writer needs to determine which syntax best communicates the
information and use this throughout the report. Do not mix between first and third person on the
same report unless it in some way enhances the goal of the report. When in doubt, use third
person (see examples below).

4. Introductions and identifications of persons. In the narrative, when any person (officer,
victim, suspect, witness, person of interest, etc.) is first mentioned, the person must be minimally
identified with the full name, race, gender and date of birth (see example). If the person has a
neutral or a case-positive roll (officer, witness, victim, physician, or chemist), refer to the person
by the appropriate title and last name i.e. Mr. Jefferson, Sergeant Bastardo, Judge Cavanaugh,
Dr. Martinez. Case positive rolls should always proceeded by their respective titles. All persons
must be identified by physical identifiers and roll, if necessary, at first mention in the narrative. If
the person is not identifiable, use the acronyms LNU, FNU (i.e., Last Name Unknown, First Name
Unknown).

5. Suspects or defendants (primarily in CID reports). In the synopsis and throughout the
narrative, suspects and defendants should have entire last names in the upper case. This is an
aid to the reader when scanning the document. There must be basic identifying elements such as
race, gender, date of birth, and driver's license number only at first mention of a suspect of
defendant in the narrative. Once suspect(s) or defendant(s) are fully introduced (identified) in the
narrative, they only need to be mentioned by last name, in upper case, through the remainder of
the report, provided the roll is clear. If two suspects or defendants have the same last name, use
the full name in upper case throughout the report. Additionally, if a person has the roll of a
suspect or defendant, the writer must at some point in the report, clarify how the suspect or
defendant was identified (see example).

6. Clarification of rolls and investigative status. When a roll (i.e. suspect, complainant,
defendant, victim, witness, person of interest, etc.) of a person is not readily obvious in the
narrative, the writer should clarify this by stating the roll in parentheses only at first mention of the
person in the narrative (see examples). If a roll changes at a later date, the roll-change will be
mentioned in the new report, with a clarification comment that the person had been earlier
referred to with a different roll in a previous report. If a roll is not determined and the writer feels it
is detrimental to the report, the roll should not be mentioned until it becomes clear. There is no
need to put a roll in parenthesis if the roll matches the title of the person introduced, i.e. Dr.,
Reverend, Officer, etc. If a roll(s) is two fold, the writer may also consider mention this in
parentheses, i.e. (Dr.-witness), (Reverend-witness), (victim-neighbor), or (suspect-witness),
(defendant-neighbor). The goal of mentioning rolls of a person is only for early clarification in the
report. Once a roll is established there is no need to mention the roll again. If it is certain that
additional investigative reports will be written by the case agent, the comment "This investigation
is continuing should be at or near the end of the body of the report.

7. Evidence, Establishment and Chain of Custody. Evidence seized or taken into Sheriff's
Office custody must be fully identified and the chain of custody documented as it was established.
When evidence is first mentioned it should be mentioned as an exhibit number (see example).
Normally, when more than 3 exhibits are secured, an evidence list should follow the narrative.
The evidence list should fully describe exhibits, the date and time of seizure, custodial officer, and
the location where the exhibit is secured. Any change of status in the evidence (transfer to
another officer and/or agency) must be reported in a supplemental report.

8. Seized Property. Property seized or otherwise taken into Sheriff's Office custody must be fully
described and identified with the chain of custody documented as it was established. When
property is first mentioned it should be mentioned as an alphabetical exhibit (see example).
Normally, when more than 3 exhibits are secured, there must be an evidence list following the
narrative. The evidence list should fully describe exhibits, the date and time of seizure, custodial
officer, and the location where secured. Any change of status in the evidence (transfer to another
officer and/or agency) must be reported on a supplemental report.

9. Acronyms and Abbreviations. Acronyms in the narrative, at first mention must be first fully
spelled out, with the acronym following in parentheses before using through the rest of the report
(see example). Common used acronyms such as "BCSO, "DEA, "CD, or "FB are permissible
in the synopsis and report body if the acronym is readily clear to the reader. Repetitive words in
a narrative may be abbreviated if identified at first mention in the report.

10. Lists. When an investigation has numerous witnesses, exhibits, victims, seized property, and/or
defendants, the writer should create list(s) of such following the narrative. The list should be in
numbered details. Each detail must give a full description of the person or exhibit. Evidentiary
seizures should be in numbered exhibits and property exhibits should be in alphabetical exhibits.

Examples

1. Synopsis. On Wednesday, February 1, 2011, at 12:30 am, BCSO Patrol Deputies Nathan Land
and John Harper were dispatched to a domestic disturbance call at a residence on CR 455 near
Lake Brownwood. John CRUMB was subsequently arrested for Family Violence/Assault and
Possession of Marijuana (less than 4 oz) and was booked in the Brown County Jail.
2. Synopsis. On November 7, 2010, at about 6:30 AM, CID Investigators Scott Bird, Vance Hill,
James Stroupe, and Jason Benefield conducted a homicide investigation at a residence located
at 10158 County Road 807 near Brookesmith. Inside the residence, the deceased, Tom Blank,
was found with four gunshot wounds to the head and gang graffiti spray painted and through the
living room. Investigators completed an exhaustive crime scene wrap. A number of evidentiary
items were secured, including seven spent .45 caliber rounds (Exhibit #4) and a spray paint can
with fingerprints (Exhibit #8).
3. 1
st
Person in narrative. On September 12, 2011, I, Michele Holder, a BCSO Patrol Deputy,
responded to a 911 call of an accident at the location of...The suspect, Bill MOOSETWIT, made
the res gestae statement "He paid the hard way on that one. to me as approached.. I found
3 bags of an off white substance, believed to be a controlled substance in the vehicle...
secured the evidence in my locker at the Sheriff's office until submission could be made to....
4. 3
rd
Person in narrative. On August 25, 2011, BCSO Patrol Sergeant John Fincher was on routine
patrol in May... Deputy Ramirez discovered a .357 semi-automatic pistol on the passenger..
The driver and 3 passengers were placed under arrest for robbery by CID Investigator Stroupe.
Deputy Billy Arp contacted the owner, Rich Wilson, of the residence and informed him of the
evacuation location.
5. Introduction and identification of persons (narrative). On August 21, 2011, at 5:45 PM, Brown
County Sheriff's Office (BCSO) CD Investigator Jason Benefield arrested Cynthia MULLET, W/F,
DOB 5-6-53, TX DL 06766814, for Possession of Marijuana. or, CID Investigator Gover met
with complainant William Barker, B/M, DOB 4-24-63, TX DL 41866760 concerning ...or, On
March 3, 2011, John Hernandez, H/M, DOB 3-26-71, TX DL 1874977, and requested an
officer..
6. Mention of suspects and/or defendants. CID Investigator Scott Bird separately interviewed Joe
FRAUDMEN, Jack BIRDBRAIN, and Debra MOOSEHEAD about their possession of a stolen
tractor and welder. FRAUDMEN and MOOSEHEAD later gave statements confessing and
detailing their participation in the theft. On July 7, 2011, Patrol Deputy Kelly Marsh responded to
911 call of a family violence assault at 104 Sailboat in the Harbor Point subdivision. Upon arrival,
Jeanne Jones and Daryl JONES were arguing in the yard. Jeanne Jones was bleeding from the
nose and Daryl JONES was standing in an aggressive posture yelling obscenities at Jeanne
Jones...Daryl JONES was placed under arrest by Deputy Marsh... CID Investigator Bird
obtained Don THCKHEAD's driver's license and learned that THICKHEAD still resided in Bangs
near where the victim lived. Deputy Fincher submitted a driver's license and wanted check
through the Dispatch and learned that Mohammad BONEHEAD was wanted by Early PD for theft
of service.
7. Clarification of rolls. When BCSO Sergeant Pete Bastardo arrived at the bank parking lot, James
Blakemore, the bank president, pointed to where his receptionist, Kim Wilson (witness), was
sitting.. Ms. Wilson observed Bart FENGOLD (defendant) enter the building.. Mrs. Wilson
stated she recognized Robert CRUMB (suspect) lounge about the lobby without doing business
about 30 minutes prior to FENGOLD's entry. Ms. Wilson had cashed a check for CRUMB just
prior to closing on the day before. BCSO Deputy Valton Posey secured the perimeter to preserve
evidentiary matters.
8. Establishment of Evidence. CID Investigator Carlyle Gover seized approximately 4 grams of
suspected methamphetamine (Exhibit # 1), approximately 2 ounces of white powered material
suspected as a cutting agent (Exhibit # 2), and $1500.00 in US currency (Exhibit # 3) from
SMTH's residence. All exhibits were initialed, timed, and dated by Investigator Benefield,
witnessed and approved by CID Sergeant Guthrie, and secured at the Brown County Sheriff's
Office. Exhibits #1 and #2 were submitted to the Texas Department of Public Safety Crime
Laboratories in Abilene for analysis and preservation. Exhibit # 3 was counted, in Investigator
Benefield presence by Sergeant Guthrie and Deputy land. Exhibit # 3 was turned over to Sam
Moss, the Assistant DA at the District Attorney's Office on August 20, 2011, by Benefield. CID
Investigator James Stroupe secured the video tape (Exhibit # 7) from the Chevron Station
Manager, Patty Hedges on January 3
rd
, 2011. Investigator Gover retained the DVD at his LEC
office for further review and until stored as evidence in his (Gover's) evidence bin at the Brown
County Sheriff's Office.
9. Seized Property. CID Investigator Scott Bird determined, by the serial number, that the Ingersol-
Rand Industrial compressor (Exhibit A) was stolen. Investigator Bird took it into custody and a
receipt was provided to Joe Barter, the owner of the pawn shop. The compressor (Exhibit A) was
photographed and secured in the covered port of the Brown county Jail until arrangements could
be made to release it to the owner. After seizing drug exhibits 1 and 2, and a .45 Colt
Commander (Exhibit B), Investigator Jason Benefield had the 2003 Black Ford Thunderbird
(further described in Exhibit C) towed to the Brown County Sheriff's Office, by Brownwood Ford,
where seizure paperwork was initiated.



Directive Number
03.002

Effective Date
March 28, 2007

Revised Date
June 6,2007
Division: All Enforcement Personnel
Supersedes: N/A


Title: Traffic Enforcement

Traffic Enforcement Policy

Statement: Traffic law enforcement is an important aspect of law enforcement because it saves lives
and protects property. It provides for a safe environment for the motoring public and is a remedy to those
who pose a risk or hazard to those who willfully obey the traffic laws. Traffic law enforcement is also an
excellent means to interdict criminal offenders and protect the community from criminal enterprise. When
exercised in good judgment, traffic law enforcement is a tool to facilitate high opinion for law enforcement
and the objectives of community policing. When exercised with poor judgment and unreasonable
strictness, traffic law enforcement frustrates the citizens, erodes the noble image of law enforcement, and
fosters negative attitudes toward traffic compliance.

Enforcement

As with all aspects of law enforcement, Brown County Sheriff's Office Deputies are expected to enforce
traffic laws with a great deal of discretion. Deputies have a responsibility to enforce traffic laws in unison
with the spirit and ultimate purpose of the law, which is safety. This policy is established bring into
concert the objectives of the traffic laws and the enforcement priorities of the Sheriff's Office. Because of
the unique problems currently facing Brown County, criminal law enforcement is the highest priority of the
Sheriff's Office. Officers must use sound discretion in all traffic contacts and will meet the public (traffic
violator) with courtesy and respect. There can be a number of situations that effect traffic enforcement
and good discretion is paramount. For this reason, this policy is intended to give deputies a wide range of
discretion as they enforce the traffic laws. Traffic law enforcement is important, but is clearly a secondary
roll to the criminal law enforcement objectives of the Sheriff's Office.

Traffic violations will be enforced under the following guidelines:

1. Violations which are flagrant or hazardous and which pose a hazard to life or property.

2. School bus and school zone area enforcement.

3. As a nexus for criminal law enforcement including drug interdiction and interdiction of known
criminal violators.

4. In compliance with the objectives of STEP or special enforcement projects, with supervisory
concurrence and approval.

5. As a tool to track or document the movements and activity of known criminals or suspects in
criminal activity.

6. As a tool for curbing criminal behavior.

7. As a tool to initiate a contact with or the investigation of persons suspected in criminal activity.

Routine traffic enforcement or traffic laws in general will not be enforced or citations will not be issued
under the following circumstances, unless there is a clear justification:

1. When the above circumstances are not in place.

2. When the violator is under corroborative circumstances which constitute an emergency.

3. During hazardous weather conditions, such as during a rain storm or ice.

4. When a criminal law enforcement investigation or event is imminently at hand.

5. When terrain or circumstances contribute to a higher probability of human oversight to modest
increases in speed. For example, setting up radar on a long gradual downward grade or at the
bottom of a hill.

6. In circumstances where a negative image of law enforcement could be construed. For example;
hiding behind a bridge or sign to create a "trap appearance to the public.

Warning Citations

Deputies may, at their discretion, issue warning citations in the following circumstances:

1. Nominal traffic violations.

2. Traffic violations which are non-hazardous in circumstance.

3. Where compliance, behavior, and respect for law will obviously be accomplished. For example: a
person with a good driving record has the driving reputation and motivation to keep the record
clear, and may or should be considered for a warning.

Application

This policy is to be uniformly applied across the county. Because of the wide array of traffic statutes and
circumstances, this policy cannot address all matters. During all traffic stops, deputies are to use a high
degree of discretion, respect, and courtesy to the citizens with whom they contact. Traffic enforcement
issues not covered in this policy will be addressed and approved by a supervisor on an individual basis.
Supervisors will regularly monitor traffic stops of patrol deputies for professionalism during violator
contacts.

Marked Patrol Vehicles

Unless exigent circumstances exist or justified elsewhere in this policy, a traffic stop must me made by a
marked unit and handled by a properly equipped, uniformed deputy. Professionally dressed uniformed
deputies in well-equipped and well-marked units enhance the professional bearing of the stop and
eliminate a number of potential problems.

Unmarked Vehicles

Unmarked vehicles will not normally be used to make traffic stops. Deputies in unmarked vehicles who
observe flagrant or hazardous violations must call for a marked vehicle to handle the stop. In the event
an emergency requiring immediate intervention, the officer will notify the communications center and a
supervisor prior to making the stop. Unmarked vehicles may be used to stop suspects for investigative
detention when in conjunction with an ongoing felony investigation. CID Deputies involved in an ongoing
felony investigation will use marked vehicles where the opportunity affords.

Probationary Officers and Supervision

New or probationary officers will not enforce traffic violations unless under the supervision of an
experienced Field Training Officer (FTO) or supervisor. Supervisors must insure new officers have had
training from an FTO as part of the deputy's break in and orientation to the job. Additionally, supervisors
must observe the new deputy's handling violator contacts prior to allowing a new officer to conduct
routine traffic enforcement alone. Probationary officers may make traffic stops after completing FTO
training. Supervisors will continue to monitor videos of probationary officer stops to insure courteous and
professional violator contacts.

Safety

Traffic stops pose a potential for a vast array of very dangerous circumstances. Deputies must be alert
for suspects involved in criminal activity as well as the numerous traffic hazards posed by passing vehicle
traffic and road conditions. Deputies are to control the stop, with respect, professionalism and courtesy
to the violator and observant public. Emergency lights will be engaged during traffic stops. Deputies will
make every effort to place the marked patrol units in a strategic manner that affords maximum visibility
toward the violator, passing traffic, and the deputy. It is imperative that deputies make every effort to stop
vehicles in a location and position which affords room for a safe violator contact. During the stop,
deputies must strive to insure the violator(s) and officer(s) are kept as safe as possible.


Directive Number
03.003

Effective Date
03/01/2007

Revised Date

Division: All

Supersedes: N/A


Title: Vehicle Pursuits

Vehicle Pursuits

Statement: The Brown County Sheriff's Office places the highest value upon the life and safety of the
public, emergency personnel, and fellow officers. Value for life must be in focus and accomplished when
attempting to apprehend fleeing persons who have committed criminal laws. The methods the department
establishes to enforce the laws are intended to minimize the risk of injury to officers and citizens alike.

The Texas Motor Vehicle law states, "The driver of an authorized emergency vehicle will drive with due
regard for the safety of all persons and is responsible for the consequences of reckless disregard for the
safety of others.

Definition: Motor Vehicle Pursuit. A motor vehicle pursuit occurs when an officer in a police vehicle
attempts to apprehend a suspect in another motor vehicle. In this situation, the suspect is exhibiting one
of the following types of conduct:

A. A willful disregard for his safety or the safety of others in an attempt to avoid arrest.

B. Compliance with the speed limit, but refusal to obey the officer's repeated signal to stop.

Authorized Pursuits

Officers will only initiate or continue a pursuit when all the following are true:

A. There is reasonable suspicion that the suspect has or is committing a violation of the law.

B. The police vehicle is believed to be in sound mechanical condition, including but not limited to
brakes, steering and police radio systems.

C. Existing weather, roadway, and traffic conditions permit.

Officers must constantly evaluate the risk involved in initiating or continuing a pursuit. When there is a
clear and unreasonably dangerous hazard to the officer or other persons, a pursuit should not be initiated.
If a pursuit is already in progress, it should be discontinued. Whenever a pursuit is initiated, the police
vehicle's emergency lights and siren will be activated and will remain in use during the pursuit.

Vehicles Eligible To Engage In Pursuits

Only Sheriff's vehicles equipped with emergency lights and sirens will participate in the pursuit of a fleeing
vehicle.

Vehicles transporting prisoners, witnesses, suspects, complainants, or other non-police personnel will
not engage in pursuits.

Restrictions

Officers will NOT engage in the following conduct:

A. Pursue a fleeing vehicle while operating any vehicle without emergency equipment.

B. Drive along the side of or in front of a fleeing vehicle in an attempt to force the vehicle from the
roadway.

C. Bump or ram a fleeing vehicle in an attempt to force it from the roadway.

D. Pursue a fleeing vehicle if the primary unit, on scene any supervisor orders the pursuit
discontinued.

E. Discharging a firearm, at a fleeing vehicle, is permissible only if it is in compliance with the
Deadly Force provisions in chapter 9 of the Texas Penal Code.

Notifying Dispatcher

Officers initiating a pursuit will notify the dispatcher that a pursuit situation exists. All other officers will
immediately refrain from non-emergency radio transmissions. The information transmitted to the
dispatcher should include:

* Unit number

* Present location

*Where the pursuit began

*Direction of travel

* Reason(s) for the pursuit

* Description of the fleeing vehicle (e.g., make, model, color, license-plate number)

* Description and number of occupants in the fleeing vehicle

* Estimated speed of the fleeing vehicle

Participating Units

When notified of a pursuit, the dispatcher will designate the initial pursuing vehicle as the primary unit. A
secondary unit and a field supervisor unit will also be designated by the dispatcher. These units will be
the only police vehicles to pursue the fleeing vehicle, unless the field supervisor approves additional units.
A field supervisor will approve additional units in the following situations:

A. There is not a sufficient number of officers in the primary and secondary units to safely arrest the
suspect.

B. The primary unit is unable to continue the pursuit, and the dispatcher has been informed that the
unit is terminating it's involvement. Then the secondary unit becomes the primary unit.

Field Supervisor

The designated field supervisor will:

A. Be in command of the pursuit.

B. Monitor all radio communications related to the pursuit and ensure only authorized units
participate in the pursuit.

C. Order any response which is necessary, appropriate, and within department policy to conclude
the pursuit.

D. Become involved in the pursuit if in close proximity, provided the supervisor's police vehicle has
emergency equipment.

At the conclusion of every pursuit, the supervisor will go to the scene and will take command.

The Brown County Sheriff Office Interoffice Memo (Form 01.003.02) will be completed at the conclusion
of each pursuit by the supervisor assigned to the pursuit. The original form will be forwarded throughout
the chain of command to the Sheriff. In the event vehicle(s) or property is/are damaged as a result of the
pursuit, that involve county owned vehicle(s), refer to Fleet Vehicle Accident policy 07.007 for accident
documentation.

Stopping Techniques

The following stopping techniques may be used, if necessary, provided they have been authorized by the
field supervisor:

A. Standard Roadblocks. Barricades or other obstructions placed across a roadway to stop or
prevent the escape of a fleeing vehicle. Under no circumstance will officers use private or
occupied vehicles in a roadblock.

B. Rolling Roadblocks. Moving police units placed in front of and behind the fleeing vehicle in an
attempt to stop it. This method will only be used if the suspect is not speeding but is refusing to
stop.

C. Tire Deflation Devices. Devices such a Stingers and Stop-Sticks designed to cause the
controlled deflation of a fleeing vehicle's tires. Tire deflation devices will only be deployed by
Deputies who have been certified to use such devices. Deflation devices must be utilized in
accordance with current department training and procedures.

Interjurisdictional Pursuits

The Emergency Communications Division, with the approval of the field supervisor, will notify outside
agencies when this department is involved in a pursuit in their jurisdiction. The person notifying the other
agency will specify whether the call is a request for assistance or a courtesy notification with no
participation requested.

Officers will not become involved in another agency's pursuit unless specifically authorized by a
supervisor, or unless it is clear that the other agency's unit is unable to request assistance, or the
emergency nature of the situation dictates the need for assistance. In these instances, all departmental
pursuit policies are in effect.



Directive Number
03.005a

Effective Date
02/18/2009

Revised Date

Division: Prisoner Transport

Supersedes: N/A


Title: Stun Cuff Magnum

Stun Cuff Magnum

Purpose: To establish a procedure for proper issuance and use of the Stun-Cuff Electronic Restraint
Device (ERD).

Policy: It is the policy of the Brown County Sheriff's Office to provide less-lethal options to
its members to subdue violent or potentially violent subjects. t is also the Agency's goal to
prevent serious injury to the subject, staff, and the public. The goal in using the Stun-Cuff Magnum is to
provide the safe and effective restraint of inmates during court proceedings, transportation, jail
movement, and extradition of inmates. The use of electronic stun devices is considered Intermediate
Force on the Use of Force Continuum. The Stun-Cuff Magnum shall be used judiciously and in
compliance with all existing laws, directives and manufacturer's guidelines.

Definitions:

LESS-LETHAL WEAPON: Less-lethal weapons are weapons, when used properly, is less likely to result
in serious physical injury or death than other available force options. As with other "less-lethal force
options, the Brown County Sheriff's Office is committed to reducing the potential for injury to staff and
detainees during violent confrontations.

STUN-CUFF MAGNUM: The Stun-Cuff Magnum is a 3.25 long, 2.25 wide, and 1.5 in depth wireless
electronic restraint device (ERD) that attaches to the wrist or ankle and locks into place by an adjustable
strap. The strap can be released or adjusted with a standard handcuff key. The Stun-Cuff Magnum
produces a (2) two second shock of 80,000 volts, when activated by the radio transmitter trigger.

WIRELESS TRANSMITTER: The wireless transmitter is a wireless keypad that can be programmed to
control any Stun-Cuff device. The wireless transmitter can control a Stun-Cuff device up to 100 yards
away. The wireless transmitter is 3.25 long, 2 wide, 1 in depth and weighs 3.5 ounces. The wireless
transmitter has a two button trigger safety system.

Procedure: All Stun-Cuff Magnum devices will be issued by the Watch Commander or their designee.

Issurance

Only sworn personnel who have completed certified training in the use/handling/firing of the Stun-Cuff
Magnum will be authorized for its use.

Sergeant of Warrants and Transportation Division shall assure an adequate number of deputies are trained
to use the Stun-Cuff Magnum. Sergeant of Warrants and Transportation Division shall maintain a list of
deputies authorized to use the Stun-Cuff Magnum.

During storage, the Stun-Cuff Magnum and wireless transmitter shall be returned to the charging base to
ensure the device has an adequate charge for the next use. The maximum amount of charge time is two
hours. The Stun-Cuff Magnum will not be allowed to set on the charger with a continuous charge.

Each assigned member shall conduct a pre-service inspection of the Stun-Cuff Magnum and the wireless
transmitter to confirm its condition. The deputy shall inspect the device, locking strap and the transmitter to
ensure it is clean, charged, and in good working order.

Prior to going into service, members shall conduct a spark test of the Stun-Cuff Magnum to check for proper
operation. This test should be conducted in front of the prisoner that it will be placed on. This will insure the
prisoner has prior warning, and understands how the Stun-Cuff Magnum will be used to bring a prisoner into
compliance, in the event that a problem may arise.

In the event the Stun-Cuff Magnum fails the pre-service inspection or the spark test, the assigned deputy
shall notify their Sergeant of Warrants and Transportation Division. The device shall be taken out of service
until necessary repairs are made.

Usage

Sworn personnel are authorized to use the Stun-Cuff Magnum without prior approval, in cases where the
threat is both credible and imminent. All personnel who have been assigned a Stun-Cuff Magnum must
comply with the Brown County Sheriff's Office Policy - Use of Force. The Stun-Cuff Magnum may be
applied to a detainee under the following circumstances:

a. Restraint of violent inmates during court appearances.

b. Transportation of high risk or violent detainees.

c. During extraditions.

d. As a deterrent to control detainees with histories of disruptive behavior.

e. As needed, with Sergeant of Warrants and Transportation Division approval.

Due to the Stun-Cuff Magnum's potential to cause serious injury, this weapon shall only be used in the
following circumstances.

a. To overcome active resistance.

b. To overcome a subject whose active aggression is an immediate or credible
threat to the safety of the deputy(s), the public, or in cases when a subject
poses a credible threat to their own safety.

Whenever possible, a verbal announcement of the intended use of the Stun-Cuff Magnum should
precede the application of the device in order to:

a. Provide the individual with a reasonable opportunity to voluntarily comply.

b. Provide other deputies and individuals with warning that a Stun-Cuff device may be deployed.

Deputies should consider the potential for serious consequences before deploying the Stun-Cuff Magnum
in the following situations:

a. In potentially flammable or explosive environments.

b. On individuals who are passively resisting.

c. On individuals operating a moving vehicle or machinery.

d. On individuals who could fall from a significant height.

Use Caution: Deputies should carefully evaluate the circumstances and use of force options before using
the Stun-Cuff Magnum. In cases listed below, a decision must be made as to the appropriate use of force
and other options considered prior to immediate deployment of the Stun-Cuff Magnum.

a. Availability and effectiveness of alternative means to gain compliance.

b. The severity of the aggressive behavior versus the potential harm.

c. The Stun-Cuff Magnum shall not be used on individuals who may be at a greater risk of harm
including:

1. Pregnant women
2. Elderly persons
3. Persons with known health problems
4. An individual who has been recently sprayed with an alcohol based O.C. Spray or in
close proximity to any combustible material.

When activating the Stun-Cuff Magnum, deputies shall use it for one standard cycle then stop to evaluate
the situation (a standard cycle is two seconds). If subsequent cycles are necessary, the cycles should
not exceed three activations when possible. The number of cycles will be documented in a report and
include an explanation for why the additional cycles were necessary and how the person responded after
each cycle. An evaluation shall / must be done after each cycle.

The Stun-Cuff Magnum shall not be used on a subject who was previously subdued by a Taser or other
type of Conductive Energy Device within the last 24 hours.

Following the use of the Stun-Cuff Magnum, deputies should use a restraint technique that does not
impair the subject's respirations.

THE SERGEANT OF WARRANTS AND TRANSPORTATION DIVISION SHALL BE NOTIFIED
IMMEDIATELY WHEN THE STUN-CUFF MAGNUM HAS BEEN DEPLOYED:

a. The location and type of incident shall be reported to the Sergeant of Warrants and
Transportation Division and a supervisor will respond to the scene.

b. Upon compliance of the subject, photographs will be taken of the electrode contact area and /
or any subsequent injuries.

c. Whenever the Stun-Cuff Magnum is used, a criminal or incident report shall be generated in
addition to a Use of Force report in accordance with Policy.

A detailed description of each method of force utilized in attempting to control the subject will be
documented in each of the reports.

A Sergeant will approve all reports. A copy of the report and Use of Force report will be forwarded via the
Chain of Command to the Sheriff.

In the event of an accidental discharge, the Sergeant of Warrants and Transportation Division shall be
immediately notified. A report will also be written.

Medical Treatment

Persons who have been subjected to the Stun-Cuff Magnum electronic restraint device shall be treated
as follows:

a. IF THE SUSPECT LOSES CONSCIOUSNESS, DEPUTIES SHALL IMMEDIATELY SUMMON
EMS TO RESPOND TO EVALUATE THE SUSPECT.

b. Once in custody, the subject shall be examined by EMS or Jail Health Services. If necessary,
the subject may be transported to a local hospital emergency room or other approved medical
care facility. The transporting deputy shall advise the medical staff that the person was
subjected to the Stun-Cuff Magnum electronic restraint device, the approximate time the
action occurred and number of cycles.

c. The transporting deputy shall obtain medical clearance for incarceration from the appropriate
medical facility physician prior to booking the suspect.

ACCEPTING INTO CUSTODY: The use of the Stun-Cuff Magnum will be noted in a Incident Report and
Jail Staff will be advised that the Stun-Cuff Magnum was used to control or arrest the subject. Jail Staff
will initiate an observation log on the inmate.

Training

The Stun-Cuff Magnum shall only be used by sworn members of the Brown County Sheriff's Office
trained in its deployment and use. Trained personnel shall use the Stun-Cuff Magnum in a manner that is
consistent with all Brown County Sheriff's Office written directives.

a. Members shall be selected for this specialized training based upon the specific needs of the
Brown County Sheriff's Office.

b. Training shall emphasize that multiple activations and continuous cycling of the Stun-Cuff
Magnum may increase the risk of injury and should be avoided.

c. Training will include the proper use of and deployment of the Stun-Cuff Magnum.

d. Training shall include the limitations of the Stun-Cuff Magnum and instruction on transitioning
to other force options as needed.

e. All members must receive annual training in the use of the Stun-Cuff Magnum as required by
Policy.

The Sergeant of Warrants and Transportation Division will maintain a current list of all personnel certified to
deploy the Stun-Cuff Magnum.

Documentation and Review:

Reports regarding the use of the Stun-Cuff Magnum will be forwarded to the Sheriff via the chain of
command.

The Sheriff or his designee(s) will determine the following:

a. Whether the suspect sustain any injuries.

b. Whether or not there was a deviation from training.

c. Whether the use of force justified.

d. If the agency policy was followed.

Upon successful review of the incident, the report will be maintained per the Brown County Sheriff's
Office Records Retention Policy.



Directive Number
03.006

Effective Date
01/01/2009

Revised Date

Division: Civil Process

Supercedes: N/A


Title: Service of Civil Process

Service of Civil Process

Statement: The Brown County Sheriff's Office Civil Process Department serves a vital and important role
in the overall success of many criminal and civil court proceedings. It is a goal of this Sheriff's Office to
efficiently and expediently serve any and all civil process directing us to do so. Without achieving this
goal many delays in court proceedings can occur and further delay the justice that many citizens of this
and other counties deserve. This Sheriff's Office will work with the Brown County Constable's Offices and
any other law enforcement to accomplish the service of the many civil process papers received. Although
the Civil Process Department of this Sheriff's Office is assigned the task of serving civil process, a main
goal of the Sheriff's Office is the proactive enforcement of all state laws and the protection of citizens and
their property. While performing the duties of Civil Process each employee should be mindful of this goal.
In the performing the duties of Civil Process the following policies should be met.

Policy

It is the policy of this department that the service of civil process should be executed following these
guidelines.

1. All civil process papers received, with the exception of subpoenas will be entered into the
department's computer system.

2. The responsibility for entry is that of the Warrants/Civil secretary or his/her designee.

3. A photocopy will be made of the civil process paper and the copy will be forwarded to the Civil
Process Deputy for service.

4. Attached to the copy will be a Civil Process Attempts sheet to make note of attempts and final
service.

5. On citations that are not issued from Texas Probate Court and that do not require the seizure of
persons or properties, a true copy of the citation to include the petition attached thereto shall be
mailed by registered or certified mail, return receipt requested to the address of the respondent,
as authorized by Texas Rules of Civil Process Rule 106. This will serve as personal service if
return receipt is received showing the citation has been received by the respondent.

6. The Warrant/Civil secretary shall process this mailing if they are so authorized to serve the civil
process by Texas Rules of Civil Process, rule 103.

7. Whether the civil process is served by registered or certified mail, or in persons, the first process
completed will act as legal service.

8. The original will be held back for return after the service of the paper.

9. Person(s) who may serve civil process is defined in Texas Rules of Civil Process Rule 103.

10. Civil Process ordering the seizure of real property, personal property, or any person shall be
supervised by the Civil Process Deputy and shall follow strictly the rules set out by the Texas
Rules of Civil Process.

11. The Deputy or civilian employee serving civil process will make note of any attempts and any
information that may have changed as to the location of the person to be served.

12. The Deputy or civilian employee serving the civil process will make a diligent effort to locate the
person(s) named in the civil process and serve the civil process.

13. Attempts should be made at all times of the day, to include times before 8:00 a.m. and after 5:00
p.m. If a person(s) can not be located in normal working hours the employee attempting the
service should adjust their hours to meet the needs in serving the civil process.

14. Citations shall not be served on Sundays unless otherwise directed in Texas Rules of Civil
Process Rule 6.

15. If numerous attempts to serve the civil process has been made at various times and no service
has been completed or if attempts to located the person(s) named in the civil process reveal that
they no longer live in the county or are unable to be located, the civil process should be returned
unserved. Only in limited situations should this process take more than one month.

16. If the residence of a person(s) to be served is confirmed and service is delayed due to a person
avoiding service the Civil Process Deputy should request for alternative service. Requirements
may be located in Texas Rules of Civil Process Rule 106.

17. Once the civil process papers have been served the person completing the service should fill out
the return on the original civil process papers and return them to the appropriate location with
jurisdiction.

18. The responsibility for clearing the civil process from the department's computer system is that of
the Warrants/Civil secretary.

19. Subpoena(s) maybe served by any employee of the Sheriff's Office over the age of 18 and not a
party to the suit or criminal case.

20. In civil cases the subpoena(s) shall be served in person or to the attorney of record for the
witness.

21. In criminal cases the subpoena(s) shall be served by reading the subpoena to a witness,
delivering a copy to the witness or by mailing a copy certified mail, return receipt requested at
the last known address.

22. If service is made by reading the subpoena to the witness the return shall be filled out to detail
how and when contact was made.

23. It will be the primarily responsibility of the Warrant/Civil secretary to serve subpoenas to law
enforcement and courthouse employees.

24. Each employee will keep stats on the number of civil process they received and served.

25. The Warrant/Civil secretary will keep stats on the number of civil process received and served
by the department.

26. State law supersedes this policy and any civil process not addressed in this policy will be
handled as outlined by the Texas Rules of Civil Process and other applicable laws.



Directive Number
03.007

Effective Date
10-21-2009

Revised Date

Division: All Enforcement Personnel

Supercedes: N/A


Title: Drug Enforcement Tactical Operations,
Dissemination, Deconfliction, and Limitations

Drug Enforcement Operations

Tactical Operations

Whenever an investigation progresses to the point of a tactical operation, the Brown County Sheriff's
Office (BCSO) investigating officer (case agent) will keep his/her first line supervisor informed of the
aspects and goals of the investigation. The strategy and planning of the tactical event will be developed
in tandem by the case agent and the first line supervisor, who will arrange for sufficient manpower and
equipment, as well as thorough dissemination of safety concerns. The first line supervisor is to insure the
soundness for the strategy and the operational plan of the tactical event. The Sheriff, or the Chief Deputy
in the Sheriff's absence, is to be kept informed of and must approve all BCSO tactical operations.

If a tactical operation develops to the point that additional or significant resources are needed, the first
line supervisor will notify the BCSO Operations Captain concerning the increased need for manpower or
equipment. The BCSO Operations Captain will arrange for additional support.

f another agency requests the tactical assistance of the Sheriff's Office, the first line supervisor must
insure the strategy and operation is in concurrence with Sheriff's Office guidelines and sound procedural
practices. No tactical operation will be initiated without the Sheriff's approval.

Deconfliction

Deconfliction is imperative in drug enforcement. It serves to minimize the duplication of investigative
efforts and enhances officer safety. Whenever a BCSO tactical operation within a co-jurisdiction is
planned, the first line supervisor will notify the first line supervisor of the appropriate agency, who will be
informed of the general goals of the operation. Notification will be far enough ahead of the tactical
operation to allow input and support of the co-jurisdictional agency(s). The BCSO case agent, with
concurrence of the first line supervisor, will maintain the investigative lead of the operation, with respected
input from other officers. Unless there is a clear and mitigating justification, the first line supervisor will
ensure the investigative strategy is sound and that deconfliction of the investigative goals has occurred. If
deconfliction or notification cannot be accomplished, the first line supervisor will notify the chain of
command to the Sheriff prior to the tactical operation.

Often, numerous agencies are involved in cooperative investigations against criminal organizations or
larger traffickers. Prior to any tactical operation on a large scale violator, deconfliction must be
accomplished with the U.S. Drug Enforcement Administration (DEA) and the Texas Department of Public
Safety (DPS). Deconfliction concerning investigations, suspects, undercover, and tactical operations is
best accomplished with leading state, local and federal agencies through the FBI/DPS Fusion Center.

Dissemination

Any deputy who obtains drug trafficking information must treat the information as sensitive and
confidential and as the property of the Sheriff's Office. Drug investigations, suspects, objectives and

strategies, are expressly confidential. No officer will disclose matters concerning the existence of an
ongoing drug investigation or any criminal investigation that is sensitive in nature. Dissemination to an
officer(s) or agency is authorized only under a strict "need to know basis. Criminal or drug intelligence
released without a clear justification is subject to disciplinary action up to and including termination.

When a nexus exists between ongoing investigations by the Sheriff's Office and another agency, the
deputy must inform the case agent(s) of the other agency of the ongoing BCSO investigation. At a
minimum, an 'ongoing investigation' is defined as an investigation having the elements documented in
current and completed reports and formally established investigative files. Lead officers will communicate
essential information to accomplish the respective goals of the investigation. When pertinent, reports will
be disseminated to participatory officers and dissemination noted in the investigative file. Disagreements
over investigative lead or strategy should be resolved at the first line supervisor level. Preference to
strategy should weighed by ultimate violator impact (in concurrence of the District Attorney's Office). The
respective chain of commands should be kept apprised of disagreements.

Jurisdictional Limitations (Outside of Brown County)

A Brown County deputy will not work outside of Brown County without authorization from the first line
supervisor and approval of the Sheriff. No investigation will be pursued outside of Brown County unless it
is also cleared with the appropriate jurisdictional enforcement agency. Any deputy working outside of
Brown County must have the approval and must be in cooperation with the appropriate federal, state, or
local jurisdiction. While statutory authorization may allow a deputy to lawfully work outside of the county
boundaries in Texas under narrow circumstances, the investigation will not be furthered until the
appropriate federal, state, or local agency is fully apprised of the existence and goals of the investigation.

When an investigation progresses outside of Brown County boundaries, the deputy will keep the first line
supervisor fully informed of the investigation, the investigative goals, and an approximate arrival back to
Brown County. The affected Sheriff's Office or the primary agency with jurisdiction must be immediately
notified and fully informed of the investigation. Additionally, when a deputy, acting in pursuit of an
investigation, leaves the county, the BCSO deputy or first line supervisor will request that the jurisdictional
agency assume the lead in the investigation as it pertains to that jurisdiction. If at any time a Brown
County Deputy has to make an arrest outside of the Brown County Jurisdiction, the deputy must
immediately notify the agency having jurisdiction. Arrests and tactical operations must be handled by the
receiving agency, if circumstances allow. No investigation will be followed out of Brown County without
the Sheriff's approval. No tactical operation will be initiated or participated with outside of the Brown
County without the Sheriff's approval.

Exceptions

Certain investigations and/or officers are placed under a lawful protocol such as a federal deputation or
directive by a U.S. Attorney, District Attorney, Federal or State Judge, or court order are exempt from the
applicable dissemination and disclosure directives of this policy. Any deputy who falls under this rare
exemption must make every effort to see that reasonable investigative practices are followed and that
officer safety is frontal during the course of the investigation.

The Sheriff may also allow temporary or limited exceptions upon justification. The requesting deputy
must have factual reasoning and a clear articulate justification for the need of an exemption of any part of
this policy. The request to be exempted must be brought by the first line supervisor through the chain of
command to the Sheriff. Any officer who conducts an investigation outside the knowledge and/or
approval of the first line supervisor will be subject to disciplinary action.



Directive Number
03.008

Effective Date
10/25/2011

Revised Date

Division: All

Supersedes: N/A


Title: Duty Weapons / Lethal and Less-Lethal

Duty Weapons / Lethal and Less-Lethal

General Specifications:

Only weapons and ammunition that meet agency authorized specifications, approved by the Sheriff, and
registered with the department may be used by officers in the performance of their responsibilities while
on and off-duty.

All uniformed officers are required to carry at least one form of a less-lethal weapon system in addition to
a lethal weapon system while on duty unless otherwise restricted by law or policy.

All weapons will be inspected and approved before issuing. When officers discontinue employment with
the department:

A. The departmental issued pistol will be turned in to the immediate supervisor for inspection and
function testing prior to being stored. Prior to a pistol being issued to an officer, the immediate
supervisor will function test and approve the firearm for issue. Pistols that do not pass inspection
will be repaired before being stored or reissued.

B. The A.S.P. baton will be inspected the immediate supervisor for proper operation before being
stored. Before being reissued, the immediate supervisor will inspect the baton for proper
operation. If a baton does not pass inspection, it will be repaired if possible, or destroyed.

C. The canister of O.C. spray will be inspected the immediate supervisor for leaks, damage, and
expiration. Prior to being issued, the immediate supervisor will inspect the canister for leaks,
damage, and expiration. If a canister does not pass inspection, it will be used for training
purposes or destroyed.

D. The TASER will be inspected the immediate supervisor to ensure that is functioning properly. The
stored information will be downloaded, and the memory will be cleared before storing. The
immediate supervisor will inspect the TASER before it is reissued.

Officers are required to receive training on any weapon system and demonstrate proficiency with the
weapon before being authorized to carry the weapon. For handgun, shotgun, patrol rifle, baton, and
chemical spray, this requirement is satisfied by qualification of and/or documentation of the completion of
a certified training course for these weapon systems.

The administrative staff may authorize officers to carry personally owned weapons on duty once the
officer has demonstrated proficiency with that weapon and a firearms instructor has inspected and
function tested the firearm. The inspection and proficiency qualification will be documented on.
Ammunition carried in personally owned firearms for on duty use must be ammunition that meet agency
authorized specifications.

When off-duty, officers may carry a weapon provided by the Sheriff's Office or personal as long as
complying with applicable laws for off duty carrying. Officers will refrain from carrying a firearm while
engaged in activities that would make the carrying of a firearm inherently dangerous, improper, or
impractical.
The above provisions pertain to normally carried sidearms and not to weapons that may be carried during
events such as, but not limited to, hunting, target practice, or competitive shooting.

Nothing in this policy shall be construed to prevent officers from using any weapon at their disposal to
protect themselves or third parties from death or serious bodily injury in a bona fide emergency.

All officers will ensure that their firearms are safely and properly stored both on duty and off duty. This
may be accomplished many ways with some examples being trigger locks, cable locks, lockable boxes, or
gun safes. Officers are reminded; it is against the laws of the state to leave a firearm accessible to a child.

Inspection and Care of all Firearms Carried in the Line of Duty.

Care of both department issued and personal firearms should meet recommend manufacture
specifications.

All weapons will be inspected by a firearms instructor during firearms proficiency qualification. Any firearm
deemed unsafe by a firearms instructor, immediate supervisor, or administration will be removed from
service until that firearm is repaired or replaced.

Officers will not, in any way, alter or modify the trigger or any other part of a firearm without written
permission from the administrative staff. Personally owned weapons approved to be carried on duty, may
not be altered or modified after approval without being re-inspected by the firearms instructor or
administrative staff to approve the alterations.

No attachments, alterations or configuration to either department issued or personal fire arms that require
federal licensing may be used or conducted without lawful authority or approval of the Sheriff.

Each employee will, by every practical means, secure all weapons from unauthorized access.

A record of firearm type, model, description, and serial number for each authorized firearm shall be
maintained by the department.

For department issued firearms and personally owned firearms that data will be maintained by
administrative staff.

All repairs to departmental or personal firearms must be made by a certified armorer or authorized
gunsmith. Repairs shall always be within manufacturer specifications. In the event that a departmental or
personally owned firearm is deemed unsafe and not suitable for duty carry, the officer must cease
carrying the firearms and notify the immediate supervisor as soon as practical.

Training

In compliance with Texas Commission on Law Enforcement Officer Standards and Education, all
personnel authorized to carry firearms are required to fire a qualifying score with all firearms authorized to
be carried on duty at least one time per year. Proof of such qualification will be documented by the
department's firearms instructor on the departments firearms qualification form 03.008.01 and placed in
that employees personnel file.

In-service training for baton and OC spray will be conducted annually. In service training for TASER will
be conducted annually.

Uniformed Duty Handguns

Department Issued- Will be determined at the time of purchase and on a case by case basis as
authorized by administrative staff.

Personally Owned Handguns

Commissioned officers may choose to carry a personally owned handgun for uniformed and civilian
clothing duty. Officers who choose to use an authorized personal handgun will not be issued a
department handgun and must return any issued handgun. A personally owned handgun must be worn
anytime a departmental handgun would be worn. The department will supply the same authorized
ammunition issued with departmental handguns for regular duty carry and scheduled qualifications of
personally owned handguns.

Commissioned officers may choose to purchase their own holster and double magazine pouch to be worn
with the duty belt. Holsters must be a level two retention or higher for uniformed officers, and level one for
civilian clothed officers. All purchase of duty gear must be approved by administrative staff.

Personally owned handguns may not be carried until the officer has demonstrated proficiency with that
weapon and a firearms instructor has inspected and function tested the firearm.

A. The inspection and proficiency qualification will be documented and filed in the personnel file. A
copy of the completed form will be supplied to the officer if desired.

B. The department is not responsible or liable for any wear, damage, or repair to any personally
owned weapons. The department is not responsible or liable for any reimbursement due to
denying authorization of a weapon, or seizure or loss of a personal weapon. The department will
not pay for any personal weapon or related equipment required by this policy. All personal
weapons are subject to inspection at any time and bound by all department policies and
procedures.

Patrol Rifle

The departmental issued patrol rifle is an AR-15 type carbine. Authorized ammunition will be provided
from and approved by the department. Patrol rifles are to be stored in the trunk of patrol vehicles or
secured in a gun lock in the front of the vehicle.

The administrative staff may authorize officers to carry personally owned patrol rifles on duty once the
function tested the firearm. The inspection and proficiency qualification will be documented. Ammunition
carried in personally owned patrol rifles for on duty use must be ammunition that meet agency authorized
specifications.

The weapons are to be kept in the following condition:

A. Chamber empty.

B. Hammer forward on an empty chamber.

C. Magazine loaded and inserted in the weapon.

Deployment:

A. The patrol rifle may be deployed at the discretion of the officer in any situation where drawing the
handgun or deploying a shotgun in the anticipation of using deadly force would be appropriate.

B. The operator will then perform the following pre-operation functions:
1. Chamber a round.
2. Place selector lever in SAFE position.

Manual Safety Protocols: The following procedure will be followed by officers operating the weapon in a
tactical environment:

A. Carry the weapon on SAFE until ready to fire the weapon.

B. Engage the safety when carrying the weapon in a non-tactical situation.

C. Engage the safety anytime both hands are removed from the weapon (i.e. slinging the weapon or
handing the weapon to another officer).

Returning the weapon to ready condition using the following procedure:

A. Ensure the selector lever is in SAFE position.

B. Remove the magazine.

C. Eject the chambered cartridge.

D. Visually and manually ensure the chamber is empty.

E. Point the muzzle in a safe direction and pull the trigger allowing the hammer to go forward on an
empty chamber.

F. Re-insert the magazine after topping off with ammunition.

G. Place the weapon in the vehicle after reloading.

Maintenance:

The patrol rifle will be cleaned by the officer assigned at least once a month and after any live fire. The
immediate supervisor will inspect and log the cleaning. Supervisors may direct additional cleaning as
needed.

When a police unit is removed from the line for repair, it will be the responsibility of the officer driving the
unit to ensure that the rifle is removed from the unit.

Safety Function Check:

A. Officers performing maintenance on the patrol rifle will perform the following safety function check
upon reassembly:
WARNING: If the rifle fails any of the following tests, immediately remove the rifle from service.
Forward the rifle and a memo describing the failure to the department armorer.

B. Remove magazine if installed. Pull Charging Handle assembly to rear. Visually and manually
check that chamber is clear. Let bolt and bolt carrier close. Do not pull trigger. Leave hammer in
cocked position.

C. Place selector lever in SAFE position. Point the muzzle in a safe direction. Pull trigger. The
hammer should not fall.

D. Place selector lever in FIRE position. Pull Trigger. The hammer should fall.

E. Hold trigger to the rear, pull charging handle to the rear, and release pressure on the trigger with
a slow, smooth motion, without hesitations or stops, until the trigger is fully forward. An audible
click should be heard - the hammer should not fall.

F. Repeat the FIRE position test three times. The rifle must not malfunction during any of these
three tests.

G. Make ready prior to placing the carbine in the vehicle.

Shotgun

The departmental issued shotguns will be determined at the time of purchase and on a case by case
basis as authorized by administrative staff. Ammunition for shotguns will be "00 Buckshot. Substitutions
may be authorized by fire arms instructor and/or administrative staff if supplier(s) cannot provide this
ammunition.

The administrative staff may authorize officers to carry personally owned shotguns on duty once the
function tested the firearm. The inspection and proficiency qualification will be documented. Ammunition
carried in personally owned patrol rifles for on duty use must be ammunition that meet agency authorized
specifications.

Shotguns are to be stored in the trunk of patrol vehicles or secured in a gun lock in the front of the
vehicle.

Shotguns are assigned to most marked police units and to individual officers as needed.

Prior to leaving for assignment, the officer having control of a shotgun is responsible for ensuring that
there is no shell in the chamber, the hammer is not cocked, and the weapon is on safe, unless being
readied for immediate use. Always ensure the muzzle is pointed in a safe direction while performing these
checks.

Maintenance

A. The shotgun will be cleaned by the officer assigned at least once a month and after any live fire.
The immediate supervisor will inspect and log the cleaning. Supervisors may direct additional
cleaning as needed.

B. When a police unit is removed from the line for repair, it will be the responsibility of the officer
driving the unit to ensure that the shotgun is removed from the unit.

Chemical Agents and Munitions

Oleoresin Capsicum (OC) Spray [a.k.a. Pepper Spray]

A. OC spray is an optional piece of equipment that officers may carry.

B. Officers designated to be issued OC spray must be properly trained in its use before being
authorized to carry or use it.

C. Only department approved OC spray is authorized for use when on-duty or in a Department
uniform.

Chemical munitions weapons, impact munitions weapons, hand thrown tear gas canisters, and hand
thrown colored smoke canisters are considered specialized equipment for use by specifically trained
personnel only.

Specialized chemical munitions weapons and munitions are assigned to, and under the control of, the
tactical supervisor and/ or the Captain of Operations.

Batons

A. The baton is an optional piece of equipment that officers may carry.

B. Only department issued or authorized batons may be carried.

C. Officers will not be allowed to carry a baton until they have successfully completed a department
approved training program and have been specifically authorized to carry it.

D. Officers shall not alter or modify an approved baton. (A replacement end cap does not constitute
a modification.)

TASER / Models M-26 / X-26

The TASER is deployed as an additional police tool and is not intended to replace firearms or self-
defense techniques. The TASER may be used to control a dangerous or violent subject when deadly
force does not appear to be justified and/or necessary; or attempts to subdue the subject by other
conventional tactics have been, or will likely be, ineffective in the situation at hand; or there is reasonable
expectation that it will be unsafe for officers to approach within contact range of the subject.

Qualification and Certification.

A. Officers must successfully complete a department approved training program before they carry or
use the TASER.

B. Authorized officers will only carry a department issued M-26 / X-26 Advanced TASER, M-26 / X-
26 TASER cartridges and equipment.

C. Officers shall not, in any way, alter or modify these weapons.

Duties after Deployment of TASER.

A. TASER probes that penetrate the skin should be removed by medical personnel.

B. Photographs will be taken of probe impact sites and any other related injuries and placed into
evidence.

C. Probes, which have penetrated the skin, should be treated as biohazards. Probes should be
carefully placed, sharp tip first, back into the expended cartridge bores and secured with tape.

D. Cartridge should be labeled, secured and placed into the evidence locker.

Reporting Procedures.

A. Use of the M-26 / X-26 Advanced TASER is considered a use of force and is subject to the same
reporting requirements as other uses of force required by this agency.

B. With the exception of training, all instances of TASER usage, including accidental discharges,
shall be reported in a use of force offense/incident report.

Maintenance

A. Testing and maintenance of the TASER shall be consistent with manufacturer's specification.
Officers shall check the TASER at the start of their tour of duty to insure that the weapon has a
full battery charge.

Situations when the TASER should generally not be deployed.

A. A handcuffed person should not be subjected to a TASER unless they are exhibiting active
aggression, or to prevent individuals from harming themselves or others.

B. The "fleeing" of a subject should not be the sole justification for the use of the TASER. The
severity of the offense, threat to one's self, or threat to others should be considered before
officers use a TASER on a fleeing person.

C. The TASER should not be used against persons displaying passive resistance (passive
resistance means a subject offers no physical resistance to arrest, simply goes limp, or makes no
overt act of aggressive behavior). This does not preclude the use of "drive stuns" on an individual
actively resisting arrest by locking arms or using mechanical devices to impede the arrest
procedure at mass arrests.

D. The TASER should not be used when an officer believes flammable liquids or gases are present.
If OC spray has been used, it will be deemed that a flammable liquid is present.

E. The TASER should not be used on the following individuals unless exigent circumstances exist:

1. Obviously pregnant females.
2. Young children, which by physical stature and size appear to be under the age of 14.
3. Elderly or disabled persons as defined by section 22.04 of the Texas Penal Code.

F. The TASER should not be used on people positioned on an elevated surface because they
cannot control their fall (i.e., ledges, balconies, bridges, or steep embankments).

G. The TASER should not be used on people positioned in water deeper than 1" because they may
not be able to keep their airway above the water's surface to prevent the inhalation of water.

Records of issuance for every weapon will be kept in the officers inventory file.

A. A separate sheet for each firearm will be kept.

B. A list will be kept of each TASER serial number and the officer it is issued to.

C. A list will be kept of each TASER cartridge serial number and the officer it is issued to.

D. A list of officers issued an A.S.P. Baton will be kept.

E. A list of officers issued O.C. Spray will be kept.

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Directive Number
03.009

Effective Date
09/01/2012

Revised Date
09/01/2012

Division: All

Supercedes: N/A


Title: Eyewitness Identification

Eyewitness Identification

Purpose- The purpose of this policy is to outline proper protocol for eyewitness identification procedures
for photographic, show-up, and live lineup identifications which maximize the reliability of identifications,
protect innocent persons, and establish evidence that is reliable and conforms to established legal
requirements.

Policy

Eyewitness identifications are a significant component of many criminal investigations. The identification
process must be carefully administered to minimize the likelihood of misidentifications. Moreover,
constitutional safeguards must be observed in the process. The goal of reducing erroneous convictions
can be furthered in many ways. Employing the most rigorous eyewitness identification methods is one
way of doing this, but there are others. The eyewitness identification process is only one step in the
criminal investigative process, albeit an important one. Corroborative evidence, for example, will lessen
the impact of an erroneous eyewitness identification. The more other evidence that is available, the less
risk there is of conviction based solely on erroneous eyewitness identification. There is no substitute for a
competent and thorough criminal investigation.
This model policy was written to provide guidance on eyewitness identification procedures based on
credible research on eyewitness memory and best practices designed not only to reduce erroneous
eyewitness identification but also to enhance the reliability and objectivity of eyewitness identifications.
Evidence-based and best practices surrounding the collection and preservation of eyewitness evidence
are addressed, as are procedures to be employed where witnesses or victims are unable to read or write,
are non-English speaking, or possess limited English language proficiency.

Procedural Guidelines

Definitions

Blind Procedure A procedure wherein the person administering the live lineup or photo array does not
know who the suspect is.

Blinded Photo Array Procedure A procedure wherein the person who administers the photo array
knows who the suspect is, but each photo is presented so that the administrator cannot see or track
which photograph is being presented to the witness.

Folder Shuffle Method A method of administering a photo array such that the administrator cannot see
or track which photograph is being presented to the witness until after the procedure is completed. This
method is employed when a blind procedure is not possible.

Fillers Non-suspect photographs or persons. Fillers are selected to both fit the description of the
perpetrator provided by the witness and to ensure that no individual or photo stands out.
Illiterate Person An individual who speaks and understands English but cannot read and write in
English.

Interpreter An interpreter is a person who is fluent in English and the language of the witness or victim
and who facilitates communication between two parties in two different languages. The term includes
persons who facilitate communication with persons who are deaf, hearing impaired, or speaking impaired.

Live lineup An identification procedure in which a group of persons is displayed to the witness or victim
in order to identify or exclude the suspect.

Person with Limited English Proficiency An individual who is unable to communicate effectively in
English with a level of fluency that is typical of native English speakers. Such a person may have difficulty
speaking, reading, or writing in English and includes persons who can comprehend English, but are
physically unable to talk or write.

Photo Array An identification procedure in which a series of photographs is displayed to the witness or
victim in order to identify or exclude the suspect.

Sequential Live Lineup or Photo Array An identification procedure in which the persons in the live
lineup or the photographs in the photo array are displayed one by one (sequentially).

Show-up An identification procedure in which a single suspect is shown to a victim or witness soon
after the commission of a crime for the purpose of identifying or eliminating the suspect as the
perpetrator.

Witness Certification Statement A written statement that is read out loud to the witness or victim
describing the procedures of the identification process.

Selecting the Best Identification Method
1. Photo arrays are preferred over other techniques because: (a) they can be controlled better, (b)
nervousness can be minimized, and (c) they are easier to manage logistically.

2. Because they involve multiple persons under relatively controlled circumstances, a properly
conducted live lineup, like a properly conducted photo array, is preferable to a show-up.

3. Because they are highly suggestive, show-ups are vulnerable to challenges to their validity.
Consequently, a show-up should be employed only where other indicia of guilt are present (e.g.,
suspect located relatively close in time and place to the crime).

4. Because witnesses may be influenced, however unintentionally, by cues from the person
administering the procedure, a blind administrator should be used. This can be achieved through
the use of a blind procedure or a blinded photo array procedure (e.g. the folder shuffle method).

5. Because research shows the sequential presentation of live lineups and photo arrays is less likely
to result in misidentification and carry very little risk of increasing the likelihood of failure to identify
the suspect, a sequential presentation should be used.

Selecting Fillers

All persons in the photo array should be of the same sex and race and should be reasonably similar in
age, height, weight, and general appearance. Ideally, the characteristics of the filler should be consistent
with the description of the perpetrator provided by the witness(es). Where there is a limited or inadequate
description of the perpetrator provided by the witness(es), where the description of the perpetrator differs
significantly from the appearance of the suspect, where a witness has provided a highly detailed
description, or where the witness's description of the perpetrator or the suspect has a highly distinctive
feature, fillers should be chosen so that no person stands out in the photo array.
Explaining that the Perpetrator May or May Not Be Present
Because witnesses may be under pressure to identify a suspect, they should be informed that the
suspect may or may not be present in a live lineup or photo array and that the person presented in a
show-up may or may not be the perpetrator.

Explaining that the Investigation will Continue

The administrator should also explain to the witness that the investigation will continue, regardless of
whether an identification is made, as another way of alleviating pressure on the witness to identify a
suspect.

Witness Contamination
Precautions must be taken to ensure that witnesses do not encounter suspects or fillers at any time
before or after the identification procedure. Avoid multiple identification procedures in which the same
witness views the same suspect more than once. When showing a different suspect to the same witness,
do not reuse the same fillers from a previous live lineup or photo array shown to that witness. Witnesses
should not be allowed to confer with each other before, during, or after the identification procedure.
Ensure that no one who knows the suspect's identity is present during live lineup or photo array
procedure. In some live lineups, exceptions must be made to allow for the presence of defense counsel.

Documenting the Procedure
In order to strengthen the evidentiary value of the identification procedure, it should be documented in full.
Video documentation is the preferred method. Audio recording is the preferred alternative. If neither
method is employed, then the reason for not video or audio recording should be documented.

Procedures

The procedures which follow have been designed to: (a) reduce erroneous eyewitness identifications, (b)
enhance the reliability and objectivity of eyewitness identifications, (c) collect and preserve eyewitness
evidence properly, (d) respect the needs and wishes of victims and witnesses, and (d) address the needs
of witnesses with limited English proficiency, where applicable.

In order to choose among the various identification methods, a brief description of each method follows in
order of most preferred method to least preferred. Once the appropriate method is selected, the
administrator should go directly to the Sample Standard Operating Procedures for that particular method.
In any given situation only set of Sample Standard Operating Procedures applies.

Descriptions of Eyewitness Identification Methods

1. Sequential, Blind Photo Array photo arrays where the photographs are presented one at a time to
the witness or victim by a person who does not know who the suspect is. This method requires a
preparer who may be familiar with the case and an administrator who does not know the identity of
the suspect.

2. Sequential, Blinded Photo Array photo arrays where the photographs are presented one at a time
to the witness or victim by a person who knows who the suspect is, but who takes steps (putting the
photographs in folders and shuffling them) to avoid knowledge of which person the witness or victim
is looking at. This method typically involves an administrator who is familiar with the case and knows
who the suspect is.

3. Sequential Live Lineup live lineups where the persons in the live lineup are presented one at a
time to the witness or victim. This method requires a preparer who may be familiar with the case and
an administrator who does not know the identity of the suspect.

4. Show-up procedure where the witness or victim is presented with a single suspect and asked to
identify whether that suspect is the perpetrator. This procedure can be carried out by any officer.
Standard Operating Procedures for Sequential, Blind Photo Array Administrations

1. Preparation

A. Designating a Preparer- Preparing the photo array should be undertaken by someone other
than the person who will administer the photo array. Ideally, the investigating officer will prepare

the photo array as this ensures that others who might be involved in the case are not used as
fillers. Moreover, because the investigating officer knows who the suspect is, he or she should
not be conducting the actual administration of the photo array.

B. Selecting Suspect Photograph- If multiple photos of the suspect are available, choose the
photo that most resembles the suspect's appearance at the time of the crime. Do not include
more than one photograph of the same suspect. If you do not know what the suspect looked
like at the time of the crime, choose the photo that most resembles the victim's or witness's
description of the perpetrator. f there are multiple suspects, include only one suspect's photo in
the array.

C. Selecting Fillers- All persons in the photo array should be of the same sex and race and
should be reasonably similar in age, height, weight, and general appearance. Ideally, the
characteristics of the filler should be consistent with the description of the perpetrator provided
by the witness(es). Fillers should be chosen so that no person stands out in the photo array. Do
not mix color and black and white photos. Use photos of the same size and basic composition.
Never mix mug shots with other types of photographs.

D. Choosing Number of Fillers- Wherever possible, include a minimum of five fillers. Because
increasing the number of fillers tends to increase the reliability of the procedure, one may have
more than the minimum number of fillers.

E. Ensuring Similarity- Assess the array to ensure that no person stands out from the rest. Cover
any portions of the photographs that provide identifying information on the suspect and similarly
cover other photographs used in the array.

F. Placing Subject Photographs in Order
1) Place a filler in the lead position.
2) Place the remaining photographs which will comprise the photo array in random order.

G. Presenting the Photo Array to the Independent Administrator- Present the ordered photo
array to the independent administrator. Do not tell the independent administrator which
position the suspect is in.

2. Administration-The administrator of the photo array presentation should be an independent
administrator who does not know the identity of the suspect and the witness should be informed of
this. n a blind procedure, no one should be present who knows the suspect's identity.

A. Blinded Administration- If the blind procedure described above is not followed, then the photo
array administrator should document the reason why and the administrator should be blinded.
That is, he or she should conduct the photo array in a manner such that he or she does not
know which person in the array the witness is looking at. There is a separate sample standard
operating procedure for blinded photo array administration in this model policy immediately
following this sample standard operating procedure.

B. Instruct Witness- Each witness should be instructed outside the presence of the other
witnesses. The independent administrator should give the witness a written copy of the
following Witness Certification Statement and should read the instruction statement aloud at the
beginning of each identification procedure:

In a moment, I am going to show you a series of photos. The person who committed
the crime may or may not be included. I do not know whether the person being
investigated is included.
Even if you identify someone during this procedure, I will continue to show you all
photos in the series.
The investigation will continue whether or not you make an identification.
Keep in mind that things like hair styles, beards, and mustaches can be easily
changed and that complexion colors may look slightly different in photographs.

The photos will be shown to you one at a time. Take as much time as you need to
look at each one. After each photo, I will ask you "Is this the person you saw [insert
description of act here]?" Take your time answering the question. If you answer
"Yes," I will then ask you, "In your own words, can you describe how certain you
are?"
Because you are involved in an ongoing investigation, in order to prevent damaging
the investigation, you should avoid discussing this identification procedure or its
results.
Do you understand the way the photo array procedure will be conducted and the
other instructions I have given you?

C. Document Consent to Participate- Witnesses should then be asked to read the following
additional paragraph and sign and date below.

I have read these instructions, or they have been read to me, and I understand the
instructions. I am prepared to review the photographs, and I will follow the
instructions provided on this form.

I. Some witnesses may decline to sign. When a witness declines to sign, it is
sufficient for the investigating officer to document that the witness was
appropriately instructed.

D. Presentation of Photographs- Present each photo to the witness separately (one at a time),
in order. When the witness is finished viewing the photo, have the witness hand the photo
back.

E. Question Witness- After the witness has looked at a photo and handed it back to you, ask: "Is
this the person you saw [insert description of act here]?" If the witness answers "Yes,"
ask the witness, "In your own words, can you describe how certain you are?"

F. Document Witness's Responses- Document the witness's response using the witness's own
words. Have the witness complete the appropriate section of the Witness Certification
Statement to reflect the outcome of the procedure.

G. Show All Photographs- Even if the witness makes an identification, show the witness the next
photo until you have gone through all the photographs. If a witness asks why he or she must
view the rest of the photos, despite already making an identification, simply tell the witness that
to assure objectivity and reliability, the witness is required to view all of the photographs.

H. Avoid Feedback During the Procedure- Do not give the witness any feedback regarding the
individual selected or comment on the outcome of the identification procedure in any way. Be
aware that witnesses may perceive such things as unintentional voice inflection or prolonged
eye contact, in addition to off-hand words or phrases, as messages regarding their selection.
Avoid casual conversation comments such as "very good. Be polite but purposeful when you
speak.

I. Additional Viewings- Only upon request of the witness, the witness may view the photo array
again after the first photo array procedure has been completed. If the witness requests an
additional viewing, the photo array administrator should present the entire photo array in the
same order as the original presentation, a second time. If this occurs, it must be documented.
The photo array administrator should never suggest an additional viewing to the witness. It is
recommended that the witness not be allowed to view the photo array more than two times.

J. Subsequent Use of Materials- Ensure that if the witness writes on, marks, or in any way alters
identification materials, those materials are not used in subsequent procedures.

K. Multiple Identification Procedures With Same Witness- Avoid multiple identification
procedures in which the same witness views the same suspect more than once.

L. Multiple Identification Procedures With Different Witness- If you need to show the same
suspect to a new witness, have the preparer remix the photo array and renumber them
accordingly.

M. Multiple Suspects- When there are multiple suspects, a separate photo array should be
conducted for each suspect. There should not be more than one suspect per photo array.

N. Reuse of Fillers- When showing a different suspect to the same witness, do not reuse the
same fillers from a previous array shown to that witness.

O. Contact Among Witnesses- To the extent possible, prevent witnesses from conferring with
each other before, during, and after the photo array procedure.

P. Identification of Special Features- Only after an identification is made, a follow-up interview
should assess any relevant factors that support the identification, such as: special facial
features, hair, marks, etc.

3. Special Procedures are Required for Illiterate Persons or Persons Who Possess Limited English
Proficiency

A. Be Alert to People Who do not Speak English or Possess Limited English Proficiency-
Given the diversity of communities, police officers may encounter persons who do not speak
English or who possess limited English proficiency in the course of a criminal investigation.
When presented with this situation, officers should carefully consider the ethical and legal
ramifications of how to handle the case when there is a language barrier.

B. Using an Interpreter- Unless the administrator speaks the victim's or witness's language
fluently, an interpreter should be used for persons who do not speak English. The interpreter
shall sign the Witness Instruction Statement on obtaining consent of a non-English speaking
person to assist in the eyewitness identification process. Law enforcement personnel should
consider arranging for an interpreter if a person interviewed:
1) Is unable to communicate in English
2) Has a limited understanding of English
3) Is deaf, hearing impaired, or speaking impaired
4) Is otherwise physically challenged to communicate in English

C. Review and Explain Forms- If the person is unable to read, the administrator, in the presence
of the witness, will give the explanation, read any forms, and obtain consent and acknowledge
the consent on the Witness Certification Statement, stating why the person was unable to sign
the form.

4. Documentation- In order to strengthen the evidentiary value of the administration it should be
documented in full. Video documentation (with audio) is the preferred method. Audio recording is
the preferred alternative. If neither method is employed, then the reason for not video or audio
recording should be documented. Preserve the photo array, together with all information about the
identification process.

Sample Standard Operating Procedures for Sequential, Blinded Photo Array Administrations

1. Preparation

A. Select Suspect Photograph- If multiple photos of the suspect are available, choose the photo
that most resembles the suspect's appearance at the time of the crime. Do not include more
than one photograph of the same suspect. If you do not know what the suspect looked like at
the time of the crime, choose the photo that most resembles the victim's or witness's
description of the perpetrator. f there are multiple suspects, include only one suspect's photo in
the array.

B. Selecting Fillers- All persons in the photo array should be of the same sex and race and
should be reasonably similar in age, height, weight, and general appearance. Ideally, the
by the witness(es). Fillers should be chosen so that no person stands out in the photo array. Do
not mix color and black and white photos. Use photos of the same size and basic composition.
Never mix mug shots with other types of photographs.

C. Choosing Number of Fillers- Whenever possible, include a minimum of five fillers. Because

D. Ensuring Similarity- Assess the array to ensure that no person stands out from the rest. Cover
any portions of the photographs that provide identifying information on the suspect and similarly
cover other photographs used in the array.

E. Placing Subject Photographs in Order
1) Place a filler in a folder and set it aside for placement in the lead position.
2) Place the remaining photographs which will comprise the photo array in separate folders
and place them in random order (mix them up) so you do not know which photograph is in
which folder.
3) Take the folder you set aside in step 1), above and place it in the lead position.
4) Number the folders.

2. Administration

A. Blinded Administration- The purpose of a blinded administration is to conduct the photo array
in a manner such that the administrator does not know which person in the array the witness is
looking at.

B. Instruct Witness- Each witness should be instructed outside the presence of the other
witnesses. The blinded administrator should give the witness a written copy of the following
Witness Instruction Statement and should read the instruction statement aloud at the beginning
of each identification procedure:

The folders in front of you contain photos. In a moment, I am going to ask you to
look at the photos. The person who committed the crime may or may not be
included in the photos. I do not know whether the person being investigated is
included.
Although I placed the photos into the folders, I have shuffled the folders so that right
now I do not know which folder contains a particular photo.
Even if you identify someone during this procedure, I will continue to show you all
photos in the series.
Keep in mind that things like hair styles, beards, and mustaches can be easily
changed and that complexion colors may look slightly different in photographs.
You will look at the photos one at a time. When you open a folder, please open it in a
manner that does not allow me to see the photo inside the folder. Take as much time
as you need to look at each one.
When you have finished looking at a photo, close the folder and hand it to me. I will
then ask you, "Is this the person you saw [insert description of act here]?" Take your
time answering the question. If you answer "Yes," I will then ask you, "In your own
words, can you describe how certain you are?"
Because you are involved in an ongoing investigation, in order to prevent
compromising the investigation, you should avoid discussing this identification
procedure or its results.
Do you understand the way the photo array procedure will be conducted and the
other instructions I have given you?

C. Document Consent to Participate- Witnesses should then be asked to read the following
additional paragraph and sign and date below.

I have read these instructions, or they have been read to me, and I understand the
instructions. I am prepared to review the photographs, and I will follow the
instructions provided on this form.

I. Some witnesses may decline to sign. When a witness declines to sign, it is
sufficient for the investigating officer to document that the witness was
appropriately instructed.

D. Present Folders- Present each folder to the witness separately (one at a time), in order. The
blinded administrator should not be in a position to view the photographs while the witness is
viewing the photographs. The eyewitness should be the only person viewing the photographs.
When the witness is finished viewing the photo, have the witness hand the folder back.

E. Question Witness- After the witness has looked at a photo and handed it back to you, ask: "Is
this the person you saw [insert description of act here]?" If the witness answers "Yes,"
ask the witness, "In your own words, can you describe how certain you are?"

F. Document Witness's Responses- Document the witness's response using the witness's own

G. Show All Folders with Photos- Show all folders containing photos to the witness. Even if the
witness makes an identification, show the witness the next photo until you have gone through
all the photographs. If a witness asks why he or she must view the rest of the photos, despite
already making an identification, simply tell the witness that to assure objectivity and reliability,
the witness is required to view all of the photographs.

H. Avoid Feedback During the Procedure- Do not give the witness any feedback regarding the
individual selected or comment on the outcome of the identification procedure. Be aware that
witnesses may perceive such things as unintentional voice inflection or prolonged eye contact,
in addition to off-hand words or phrases, as messages regarding their selection. Avoid casual
conversation comments such as "very good. Be polite but purposeful when you speak.

I. Additional Viewings- Only upon request of the witness, the witness may view the photo array
again after the first photo array procedure has been completed. If the witness requests an
additional viewing, the photo array administrator should present the entire photo array in the
same order as the original presentation, a second time. If this occurs, it must be documented.
The photo array administrator should never suggest an additional viewing to the witness. It is
recommended that the witness not be allowed to view the photo array more than two times.

J. Subsequent Use of Materials- Ensure that if the witness writes on, marks, or in any way alters
identification materials, those materials are not used in subsequent procedures.

K. Multiple Identification Procedures with Same Witness- Avoid multiple identification

L. Multiple Identification Procedures with Different Witness- If you need to show the same
suspect to a new witness, remix the photo array as before and renumber them accordingly.

M. Multiple Suspects- When there are multiple suspects, a separate photo array should be
conducted for each suspect. There should not be more than one suspect per photo array.

N. Reuse of Fillers-When showing a different suspect to the same witness, do not reuse the
same fillers from a previous array shown to that witness.

O. Contact Among Witnesses- To the extent possible, prevent witnesses from conferring with
each other before, during, and after the photo array procedure.

P. Identification of Special Features- Only after an identification is made, a follow-up interview
should assess any relevant factors that support the identification, such as: special facial
features, hair, marks, etc.

Proficiency

Where presented with this situation, officers should carefully consider the ethical and legal

shall sign the Witness Certification Statement on obtaining consent of a non-English speaking

C. Review and Explain Forms- If the person is unable to read, the administrator, in the presence
of the witness, will give the explanation, read any forms, and obtain consent and acknowledge
the consent on the Witness Instruction Statement, stating why the person was unable to sign
the form.

recording should be documented. Preserve the photo array, together with all information about the
identification process.

Standard Operating Procedures for Sequential, Blind Live lineups

1. Preparation

A. Designating a Preparer- Preparing the live lineup should be undertaken by someone other
than the person who will administer the live lineup. Ideally, the investigating officer will prepare
the live lineup as this ensures that others who might be involved in the case are not used as
fillers. Moreover, because the investigating officer knows who the suspect is, he or she should
not conduct the actual administration of the live lineup

B. Selecting Fillers- All persons in the live lineup should be of the same sex and race and should
be reasonably similar in age, height, weight, and general appearance. Ideally, the
by the witness(es). Fillers should be chosen so that no person stands out in the live lineup.

C. Choosing Number of Fillers- Whenever possible, include a minimum of five fillers. Because

D. Ensuring Similarity- Assess the lineup to ensure that no person stands out from the rest.

E. Placing the Subjects in Order- Place a filler in the lead position and place the remaining
persons who will comprise the live lineup in random order.

F. Presenting the Live lineup to Administrator- Present the ordered live lineup to the
administrator. Do not tell the administrator which position the suspect is in.

2. Administration- The administrator of the live lineup should be an independent administrator who
does not know the identity of the suspect and the witness should be informed of this. In a blind
procedure, no one should be present who knows the suspect's identity. In some live lineups,
exceptions must be made to allow for the presence of defense counsel. Once the live lineup
commences, defense counsel's role is limited to that of observer.

A. Instruct Witness- Each witness should be instructed outside the presence of the other
witnesses. The live lineup administrator should give the witness a written copy of the following
Witness Certification Statement and should read the instruction statement aloud at the
beginning of each identification procedure:

In a moment, I am going to show you a series of individuals. The person
who committed the crime may or may not be included. I do not know
whether the person being investigated is included.


Even if you identify someone during this procedure, I will continue to show
you all individuals in the series.

Keep in mind that things like hair styles, beards, and mustaches can be
easily changed.

The individuals will be shown to you one at a time. Take as much time as
you need to look at each one. After each individual, I will ask you "Is this
the person you saw [Insert description of act]?" Take your time answering
the question. If you answer "Yes," I will then ask you, "In your own words,
can you describe how certain you are?"

Because you are involved in an ongoing investigation, in order to
prevent damaging the investigation, you should avoid discussing this
identification procedure or its results.

Do you understand the way the lineup procedure will be conducted and
the other instructions I have given you?

B. Document Consent to Participate- Witnesses should then be asked to read the
following additional paragraph and sign and date below.

I have read these instructions, or they have been read to me, and I
understand the instructions. I am prepared to view the individuals who will be
presented to me, and I will follow the instructions provided on this form.

I. Some witnesses may decline to sign. When a witness declines to
sign, it is sufficient for the investigating officer to document that the
witness was appropriately instructed.

C. Presentation of Subjects- Begin with all live lineup participants out of the view of the
witness. Present each subject one at a time in the order presented to the administrator by
the preparer. Present each individual to the witness separately, removing those previously
shown from the field of view.

D. Question Witness- After each individual is shown, ask the witness: "Is this the person

you saw [insert description of act]?" If the witness answers "Yes," ask the witness, "In
your own words, can you describe how certain you are?" Document the witness's
response using the witness's own words.

E. Document Witness's Responses- Document the witness's response using the witness's own

F. Show Every Subject- Even if the witness makes an identification, show the witness the
next subject until all subjects have been shown. If a witness asks why he or she must
view the rest of the subjects despite already making an identification, simply tell the
witness that to assure objectivity and reliability, the witness is required to view all of the
subjects.

G. Consistency of Actions- Ensure that any identification actions (e.g., speaking, moving)
are performed by all members of the live lineup.

H. Avoid Feedback During the Procedure- Do not give the witness any feedback regarding
the individual selected or comment on the outcome of the identification procedure in any
way. Be aware that witnesses may perceive such things as unintentional voice inflection
or prolonged eye contact, in addition to off-hand words or phrases, as messages regarding
their selection. Avoid casual comments such as "very good. Be polite but purposeful
when you speak.

I. Additional Viewings- Only upon request of the witness, the witness may view the lineup
again after the first live lineup has been completed. If the witness requests an additional
viewing, the independent administrator should present the entire live lineup a second time.
If this occurs, it must be documented. The live lineup administrator should never suggest
additional viewing. It is recommended that the witness not be allowed to view the live
lineup more than two times.

J. Multiple Identification Procedures With Same Witness- Avoid multiple identification

K. Multiple Identification Procedures With Different Witness- If you need to show the same
suspect to a new witness, have the preparer change the order of the subjects in the lineup.

L. Multiple Suspects- When there are multiple suspects, a separate live lineup should be
conducted for each suspect. There should not be more than one suspect per lineup.

M. Reuse of Fillers- When showing a different suspect to the same witness, do not reuse the
same fillers from a previous lineup shown to that witness.

N. Contact Among Witnesses- To the extent possible, prevent witnesses from conferring with
each other before, during, and after the live lineup procedure.

O. Contact between Witnesses, Suspects, and Fillers- Take precautions to ensure that
witnesses do not encounter suspects or fillers at any time before or after the identification
procedure.

P. Identification of Special Features- Only after an identification is made, a follow-up
interview should assess any relevant factors that support the identification, such as:
special facial features, hair, marks, etc.

Proficiency


Where presented with this situation, officers should carefully consider the ethical and legal

shall sign the Witness Certification Statement on obtaining consent of a non-English speaking
3) Is deaf, hearing impaired or speaking impaired

C. Review and Explain Forms- If the person is unable to read or write, the administrator, in the
presence of the witness, will give the explanation, read any forms, and obtain consent and
acknowledge the consent on the Witness Certification Statement, stating why the person was
unable to sign the form.

4. Documentation- In order to strengthen the evidentiary value of the administration, it should be
recording should be documented. A still photograph of each individual in the live lineup should be
taken and details of all persons present during the live lineup should be documented.

Standard Operating Procedures for Show-ups

Show-ups should be avoided whenever possible because of their suggestiveness. Photo arrays and live
lineups are preferred. However, where circumstances require the prompt display of a suspect to a
witness, the following procedures should be followed to minimize potential suggestiveness.

1. Preparation

A. Contact Among Witnesses- Separate witnesses and do not allow communication between
them before or after conducting a show-up.

B. Document Witness's Description of Perpetrator- Document the witness's description of the
perpetrator prior to conducting the show-up.

C. Temporal and Spatial Proximity to the Offense- Use show-ups only where the suspect is
detained within a reasonably short time frame following the offense and is found in relatively
close proximity to it. Although this is dependent on the individual circumstances of each case,
courts have generally held that a two-hour time lapse is acceptable.

D. Transport Witness to Suspect- Transport the witness to the location of the suspect whenever
practical, rather than bringing the suspect to the witness. The suspect may be taken to a
location where the witness can view the suspect for possible identification.

E. Do not Return Suspect to Crime Scene- Suspects should not be taken to the scene of the
crime.

F. Disclosure of Location of Witness's Home- Consider carefully whether to take the suspect to
the witness's or victim's home.

G. Avoid Appearance of Guilt- Do not conduct show-ups when the suspect is in a patrol car,
handcuffed, or physically restrained by police officers unless such protective measures are
necessary to ensure safety.

H. Minimize Reliance on Show-ups- If one witness identifies the suspect, you are strongly urged
to use a photo array or a live lineup with any remaining witnesses.

2. Administration
A. Instruct Witness- Each witness should be instructed outside the presence of the other
witnesses. The show-up administrator should give the witness a written copy of the following
Witness Certification Statement and should read the instruction statement aloud at the
beginning of the show-up identification procedure:

In a moment, I am going to show you a person who may or may not be the person
who committed the crime.
You should not feel you have to make an identification. It is as important to exclude
innocent persons as it is to identify the perpetrator. The investigation will continue
whether or not you make an identification.
Because you are involved in an ongoing investigation, in order to prevent damaging
the investigation, you should avoid discussing this identification procedure or its
results.
Do you understand the procedure and the instructions I have given you?

B. Presentation of Suspect and Questioning of Witness- Present the suspect to the witness
and ask the witness whether the person they are looking at is the person they saw commit the
crime. If the witness answers "Yes," ask the witness to describe, in their own words, how
certain they are.

C. Document Witness's Response- uocumenL Lhe wlLness's response uslng Lhe wlLness's own
!"#$%&

D. Multiple Identification Procedures With Same Witness- Avoid multiple identification

E. Avoid Requirement of Performance by the Suspect- Do not require show-up suspects to put
on clothing worn by, speak words uttered by, or perform other actions of the perpetrator.

F. Avoid Conduct Suggestive of the Suspect's Guilt- Officers should avoid words or conduct
that may suggest to the witness that the individual is or may be the perpetrator.

G. Contact Among Witnesses- Remind the witness not to talk about the show-up to other
witnesses until police or prosecutors deem it permissible.

Proficiency
(& Be Alert to People Who do not Speak English or Possess Limited English Proficiency-
)*+,- ./, $*+,#%*.0 "1 2"334-*.*,%5 6"7*2, "11*2,#% 380 ,-2"4-.,# 6,#%"-% !/" $" -". %6,89
:-;7*%/ "# !/" 6"%%,%% 7*3*.,$ :-;7*%/ 6#"1*2*,-20 *- ./, 2"4#%, "1 8 2#*3*-87 *-+,%.*;8.*"-&
</,#, 6#,%,-.,$ !*./ ./*% %*.48.*"-5 "11*2,#% %/"47$ 28#,14770 2"-%*$,# ./, ,./*287 8-$ 7,;87
#83*1*28.*"-% "1 /"! ." /8-$7, ./, 28%, !/,- ./,#, *% 8 78-;48;, =8##*,#&

B. Using an Interpreter- Unless the show-up administrator speaks the victim's or witness's
language fluently, an interpreter should be used for persons who do not speak English. Law
enforcement personnel should consider arranging for an interpreter if a person interviewed:

documented in full including the time, date, and location of the procedure, identities of persons

present, and the outcome of the procedure. Video documentation (with audio) is the preferred
method. Audio recording is the preferred alternative. If neither method is employed, then the reason
for not video or audio recording should be documented.

Appendix A
Witness Certification Statement for Photo Array

Reference No.: Offense: Date of Offense:
Witness:
Time, Date, and Place of Photo Array:
Persons present:
Instructions:
In a moment, I am going to show you a series of photos. The person who committed the crime may or
may not be included. I do not know whether the person being investigated is included.
The investigation will continue whether or not you make an identification. Even if you identify someone
during this procedure, I will continue to show you all photos in the series. Keep in mind that things like hair
styles, beards, and mustaches can be easily changed and that complexion colors may look slightly
different in photographs.
You should not feel you have to make an identification. It is as important to exclude innocent persons as it
is to identify the perpetrator. The photos will be shown to you one at a time. Take as much time as you
need to look at each one. After each photo, I will ask you "Is this the person you saw [insert description
of act here]?" Take your time answering the question. If you answer "Yes," I will then ask you, "In your
own words, can you describe how certain you are?"
Because you are involved in an ongoing investigation, in order to prevent damaging the investigation, you
should avoid discussing this identification procedure or its results.
Do you understand the way the photo array procedure will be conducted and the other instructions I have
given you?
Consent to Participate:
I have read these instructions, or they have been read to me, and I understand the instructions. I
am prepared to review the photographs and I will follow the instructions provided on this form.

Signed: _________________________
(Witness)

I certify that I have translated and read the instructions to the witness.

Signed: ______________________________
(Translator, if applicable)

Signed: ______________________________
(Photo Array Administrator)

Identification Result:
I have picked photo number ______ Signed: _________________________
(Witness)

I did not pick anyone from the photo array Signed: _________________________
(Witness)
Witness Confidence Statement:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
_________________________________________________

Administrator Certification:
The photo that was picked from the photo array by the above-named witness has been identified
as ________________________________

Signed: _________________________
(Photo Array Administrator)

Identification Result:
I have picked number ______ Signed: _________________________
(Witness)

I did not pick anyone _______ Signed: _________________________
(Witness)

Witness Confidence Statement:
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
_________________________________________________

Administrator Certification:
The individual who was picked from the live lineup by the above-named witness has been identified
as ________________________________

Signed: _________________________
(Lineup Administrator)


Directive Number
03.010

Effective Date
01/16/2013

Revised Date

Division: All

Supercedes: N/A


Title: Use of Force

Use of Force

Statement:The purpose of this policy is to provide officers with guidelines on the use of deadly and less-
lethal force. This department recognizes and respects the value and special integrity of each human life.
In vesting police officers with the lawful authority to use force to protect the public welfare, a careful
balance of all human interests is required. Therefore, it is the policy of this department that officers shall
use only the force necessary to accomplish lawful objectives.

Definitions

Deadly force: (Penal Code Sec. 9.01): Force that is intended or known by the actor to cause, or in the
manner of its use or intended use is capable of causing, death or serious bodily injury.

Less-lethal force: Any use of force other than that which is considered deadly force.

Reasonable belief: (Penal Code Sec. 1.07): A belief that would be held by an ordinary and prudent man in
the same circumstances as the actor.

Serious bodily injury: (Penal Code Sec. 1.07): Bodily injury that creates a substantial risk of death or that
causes death, serious permanent disfigurement, or protracted loss or impairment of the function of bodily
member or organ.

Parameters for Use of Deadly Force

Officers may use deadly force only when the officer reasonably believes that the action is in defense of
human life, including the officer's own life, or in defense of any person in imminent danger of serious
physical injury.

Officers are not authorized to fire their weapons in order to subdue an escaping suspect who presents no
immediate threat of death or serious injury.

An arresting officer is required to identify themselves as a police officer and to state their purpose before
affecting an arrest. The officer should communicate this in a clear, audible voice.

When possible, before using a firearm, officers shall identify themselves and their intent to fire.

An officer may also use a firearm under the following circumstances:

A. During range practice and qualification or competitive sporting events.

B. To destroy an animal that represents a threat to public safety, or as a humanitarian measure
where the animal is seriously injured.

Officers shall adhere to the following restrictions when their weapon is exhibited:

A. Except for maintenance or during training, officers shall not draw or exhibit their firearm unless
circumstances create reasonable cause to believe that it may be necessary to use the weapon
in conformance with this policy.

B. Warning shots are prohibited. Officers shall not fire their weapons at or from a moving vehicle
except in defense of life.

Firearms shall not be discharged when it appears that an innocent person may be injured.

Parameters for Use of Less-Lethal Force

Where deadly force is not authorized, officers should assess the incident in order to determine which
less-lethal technique or weapon will best de-escalate the incident and bring it under control in a safe
manner.

Officers are authorized to use department approved less-lethal force techniques and issued equipment
for resolution of incidents to protect themselves or another from physical harm, or bring an unlawful
situation safely and effectively under control.

Training and Qualifications:

Deadly weapons: Ref. 03.008

Less-lethal force weapons and methods:

A. An officer is not permitted to use a less-lethal weapon unless qualified in its proficient use as
determined by training procedures.

B. In-service training for less-lethal weapons will be conducted annually.

C. The following issued less-lethal weapons are authorized: ASP baton and OC spray, Taser, or
Stun-cuff.

Reporting Uses of Force

Whenever an officer uses a weapon, has drawn a firearm in a display of deadly force, or takes an action
that result or is alleged to have resulted in injury or death of another person, they shall immediately notify
a supervisor who will report directly to the scene. This applies to force through the use of lethal or less-
lethal weapons and/or application of physical force by use of the hands or by any other means to
overcome unusual resistance.

For the purpose of this policy, a weapon may include a firearm, ASP baton, OC spray, any object used as
an impact weapon, Taser, or Stun-cuff.

The supervisor shall promptly notify the Sheriff through the chain of command.

The officer involved in a use of force incident shall document the incident in and offense/incident as
instructed in 03.001 as well as fill out use of force form 03.010.01. The supervisor shall conduct an
investigation of the incident, set forth findings and recommendations as to the professional conduct of the
officers concerned on an interoffice memorandum 01.003.02 and forward the findings through the chain
of command to the Sheriff.

A report should be submitted whenever an employee:

A. discharges a firearm for other than training or recreational purposes;

B. takes an action that results in, or is alleged to have resulted in, injury or death of person;
applies force through the use of lethal or less-lethal weapons and/or; applies physical force by
use of the hands or by any other means to overcome resistance.

Medical Aid

When officers use any form of force, deadly or less-lethal, appropriate medical assistance should be
provided. Emergency Medical Services should be called to the scene in instances where person(s) have
been injured as a result of the application of deadly or less-lethal force.

Departmental Response - Deadly Force Incident

When an officer's use of force causes death, or a person is injured as a result of an officer's firearm, a
supervisor will respond immediately to the scene. The weapon used will be handled as evidence, with the
supervisor taking control of the weapon at the most opportune time at the scene.

Debriefing of the officer should be coordinated by a supervisor and documented.

Once the officer and supervisor have returned to police headquarters, the officer shall be issued a
replacement weapon. Debriefing will include any investigative action taken by the department and any
verbal or written statements by the officer as to what occurred. The officer shall be placed on
administrative leave after completing all internal investigation requirements and until it is determined by a
mental health professional that the police officer is ready to return to duty.

The department shall conduct both an administrative and criminal investigation of the incident.

Death in Custody

Code of Criminal Procedure Article 49.18 (b) requires: If a person dies while in the custody of a peace
officer or as a result of a peace officer's use of force or if a person incarcerated in a jail, correctional
facility, or state juvenile facility dies, the director of the law enforcement agency of which the officer is a
member or the facility in which the person was incarcerated shall investigate the death and file a written
report of the cause of death with the attorney general no later than the 30th day after the date on which
the person in custody or the incarcerated person died. The director shall make a good faith effort to obtain
all facts relevant to the death and include those facts in the report.

"n the custody of a peace officer means: Under arrest by a peace officer or under the physical control or
restraint of a peace officer.

Chapter 4
Complaint and Grievance Procedures,
Sensitive Investigations, Information Security
Policy



Directive Number
04.001

Effective Date
10/01/2011

Revised Date
12/07/2012

Division: All Personnel Supercedes: N/A


Title: Complaint and Grievance Procedure

Complaint and Grievance Procedures

Complaint Guidelines

Statement: t is the policy of the Sheriff's Office to courteously receive and to investigate complaints on
actions or behavior of employees. This policy is to provide a uniformed procedure for receiving complaints
and is to serve as a guide for employees and supervisors when involved in the complaint process.
Exceptions to this policy will only be made by the Sheriff or the Sheriff's Chief Deputy, with the Sheriff's
concurrence.

A complaint is a formal written allegation against a member of the Sheriff's Office, which could result in
disciplinary action up to and including termination, and which alleges one or more of the following:

1. An infraction of Sheriff's Office rules, regulations, or policies.

2. An illegal act.

Receiving Complaints, Written Complaints and Initial Procedures

A person desiring to make a complaint may contact the Sheriff's Office at the Law Enforcement Center in
Brownwood and will be furnished the name of the immediate supervisor of the effected employee. The
supervisor will professionally and courteously receive the complaint. Persons desiring to make a
complaint must be instructed to submit the complaint in writing with the complainant's signature affixed.
(The Texas Government Code, Section 614.022, provides that all complaints to be considered on law
enforcement officers must be in writing and signed by the complainant.) Complaints will normally be
received on the BCSO Complaint form (Form Number 04.001.01). If the form is not accessible, the written
complaint may be in a written statement form.

The employee who receives a written complaint will immediately notify the first line supervisor of the
employee subject to the complaint or the next supervisor in the chain of command. The written complaint
will be given to the first line supervisor, in line supervisor, or commanding officer. The first line supervisor
will communicate the preliminary details pertaining to the appropriate commanding officer. The Sheriff will
be immediately notified on all complaints involving Sheriff's Office employees, without exception.

If a complainant refuses to submit a written complaint, the complainant will be reminded of the lawful
requirements on complaints against police officers. A person who refuses to make a written complaint or
makes an anonymous complaint does not necessarily prevent an investigation from being initiated on the
facts provided, but does cause the matter to be more difficult to process to an effective conclusion. The
first line supervisor will seek out as much initial information as possible concerning the allegation(s) and
reduce the complaint to writing. If the information received appears to be false, maliciousl y structured, or
speculative, the Sheriff may determine to invalidate the complaint based on insufficient or overtly false
information.

Complaints should not be considered in the normal course of employee supervision for minor infractions,
unless they become repetitive. Internal supervisory complaints should be only used when the nature of
the complaint clearly meets the above mentioned criteria. Administrative avenues for discipline or
termination for poor work and performance evaluation provisions (See Chapter 02.005) are not
necessarily bound by all of the provisions of policy, so long as those avenues are well documented.

Anonymous or 3
rd
Party Complaints

Anonymous complaints are often based on false or speculative assumption, rumor, or malicious hearsay
and for this reason must be evaluated on a case by case basis by the administration. Generally,
investigative efforts will not be wasted on these types or complaints, especially if they are third party in
nature and has no corroborative elements. When a complainant is anonymous, the first line supervisor
will advise the Sheriff or Chief Deputy concerning whether or not sufficient information merits a complaint
and/or an investigation. Only the Sheriff, or the Chief Deputy at the Sheriff's discretion, may authorize or
dismiss a complaint investigation from anonymous information. The (anonymous) complainant should be
informed of the lawful requirement that the complaint be in writing. If the complainant desires to remain
anonymous, yet sufficient information supports an investigation, the first line supervisor will initiate a
written complaint, upon the Sheriff's approval.

False, Maliciously Structured, or Speculative Complaints

Unfortunately, it is not uncommon for malicious complaints to be filed against a law enforcement officer.
False complaints waste resources and time and have a tendency to demoralize or cause hardship to a
well meaning employee and coworkers. When a supervisor receives a complaint which is obviously false,
maliciously speculative, the supervisor receiving the complaint must make every effort to see the
complaint is placed in writing on a sworn document. When an investigation brings to light sufficient
elements to support prosecution for a false report case, criminal charges will be levied against the
complainant. The Sheriff must be kept informed of the details of these investigations as they progress.

Notification and Response

The affected employee will be notified in writing of the complaint no later than 10 working days of receipt
of the written complaint. Notification will consist of an interoffice memorandum from the first line
supervisor or chain of command supervisor. The interoffice memorandum will inform the employee of the
allegation(s) of the complaint.

The employee will be directed to respond to the allegations in writing within 3 working days of notification
of the complaint. The employee may not discuss the complaint with anyone other than the assigned
investigator(s) or the involved supervisor or administrator. The response must be in specific detail to
answer questions surrounding the allegations.

If a complaint alleges criminal conduct, the Sheriff may elect to postpone notification until the investigation
is completed. If the complaint supports grounds for termination, the Sheriff may suspend the employee
during the investigation. If a suspension is initiated, the first line supervisor will secure all county keys,
equipment, or vehicles issued to or possessed by the suspended employee.

On events that are serious, meriting termination, and/or that bring great harm or embarrassment to the
Sheriff's Office or the law enforcement profession, notification will be sufficiently met on the termination
notice to the employee.

Investigation

Statement: The goal of a complaint investigation is to document and objectively examine the activity in
question and determine the truth. The investigation should be independent, objective, and thorough. On
some occasions, a complaint investigation can confirm that an employee acted within the scope of duty
and thereby affirm the strength and integrity of the Sheriff's Office. All complaint investigations are

considered strictly confidential. No employee may disseminate any facet of an investigation except under
the approval of the Sheriff or Commanding Officer. Because a complaint and subsequent internal
investigation has a potential for civil litigation or criminal prosecution, the County Attorney or District
Attorney will be notified and kept abreast of the progress and findings of the investigation. Internal
investigations are sensitive and for the purview of legal counsel representing the Sheriff's Office.

Assignment and Timeline

Depending on the severity of the complaint, the Sheriff may assign one of several avenues for
investigating complaints. Investigations may be assigned to a first line supervisor, a CID Investigator, or
the Operations Captain. Additionally, the Sheriff may request investigative assistance from another
agency or an independent investigation from another agency. If a complaint investigation becomes a
criminal investigation, the County Attorney and/or District Attorney will be kept apprised. The Sheriff will
be kept apprised of all developments in the investigation.

Notice of complaint will be given to the employee within 10 days of receipt of the complaint. The Sheriff
or his designee may extend service of the complaint upon investigative justification. The original
complaint will be received on the Personnel Complaint - Initial Complaint Report (BCSO Form number
04.001.01). This two page form is foundational to the complaint process.

Generally, there are two types of internal investigations, Personnel Complaint Investigations and
Administrative Inquiries. A formal complaint investigation may involve an administrative investigation of a
policy violation or a criminal investigation of a violation of the law. An Administrative Inquiry may be
conducted prior to the filing of a formal complaint and may be conducted to determine the necessity of a
formal complaint.

The complaint investigation must be completed within 10 working days of assignment to an investigator
or receipt of the written response by the effected employee. An extension to the investigation time
requirement may be allowed upon justification by the investigator to a commanding officer.

Dates of the complaint process will be noted on the Complaint Investigation Checklist form (BCSO Form
04.001.02). From the conclusion date of the investigation, the employee will be notified of the findings of
the complaint within 7 days or at a date determined by the Sheriff. If the time goes past the 7 days
required, the first line supervisor will inform the effected employee of the delay and reasons for the
delay(s).

If, during a complaint investigation, additional information is developed that merits a second complaint,
the supervisor may elect to initiate an independent and separate complaint or include the information and
continue the complaint investigation in one package.

An internal complaint investigation will remain as an active investigation for a period of one year past the
date of findings. Additional information related to the original investigation will normally be included under
the originating investigation. The investigation will be considered closed after a period of one year is
concluded. The Sheriff may extend this period if additional investigative reports are filed after the final
conclusions.

Investigation Report

The investigation must be documented on an interoffice memorandum by the first line supervisor or
assigned investigator. The Investigation report will be attached to the initial complaint form. Depending
on the nature and extent of the complaint, statements of witnesses, including employees and law
enforcement officers will be listed as attachments to the investigative report. The investigator will submit
the investigation with the Complaint Investigation Checklist form (BCSO Form number 04.001.02) as a
cover sheet.

Complaint Findings

The findings of a complaint investigation will be documented on the summary (checklist) sheet. Complaint
findings will be established by the complaint investigator and have the concurrence of the chain of
command. Allegations contained in a formal complaint investigation may have one of four outcomes:

A. Unfounded. The allegation is false, not factual.

B. Exonerated. The incident occurred, but was lawful and proper or was justified under the existing
conditions.

C. Not sustained. There is insufficient evidence to prove or disprove the allegation(s).

D. Sustained. The allegation is supported by sufficient evidence.

A sustained complaint may result in disciplinary action of one or more of the following:

A. Verbal reprimand

B. Formal written reprimand

C. Disciplinary probation

D. Time off without pay (days off without pay or removal of paid leave)

E. Reduction of salary rate

F. Demotion

G. Discharge

At the conclusion of a sustained investigation, supervisors and Commanding Officers will make
recommendations to the Sheriff concerning the investigation, outcome, and disciplinary action (if any) to
be leveled to the employee. The employee will be notified in writing of the outcome and of the disciplinary
action. The disciplinary report will set out the disciplinary action given to the employee.

Statutory Reference

614.022. COMPLAINT TO BE IN WRITING AND SIGNED BY COMPLAINANT. To be considered by
the head of a state agency or by the head of a fire department or local law enforcement agency, the
complaint must be:

(1) in writing; and
(2) signed by the person making the complaint.

Added by Acts 1993, 73rd Leg., ch. 268, 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch.
507, 1, eff. Sept. 1, 2005.

614.023. COPY OF COMPLAINT TO BE GIVEN TO OFFICER OR EMPLOYEE.

(a) A copy of a signed complaint against a law enforcement officer of this state or a fire fighter,
detention officer, county jailer, or peace officer appointed or employed by a political
subdivision of this state shall be given to the officer or employee within a reasonable time
after the complaint is filed.

(b) Disciplinary action may not be taken against the officer or employee unless a copy of the
signed complaint is given to the officer or employee.
(c) In addition to the requirement of Subsection (b), the officer or employee may not be
indefinitely suspended or terminated from employment based on the subject matter of the
complaint unless:
(1) the complaint is investigated; and
(2) there is evidence to prove the allegation of misconduct.

Added by Acts 1993, 73rd Leg., ch. 268, 1, eff. Sept. 1, 1993. Amended by Acts 2005, 79th Leg., ch.
507, 1, eff. Sept. 1, 2005.

Grievances

Statement: t is imperative that aspects of the Sheriff's Office administrative process in policy matters and
supervisory instruction are honorable and fair. In any human organization, the probability of misjudgment
or error exists across the spectrum of the organization. To be fair, employees must have an established
procedure and forum by which to voice concerns or grievances. A grievance may arise from an actual or
perceived wrong, unfairness, disagreement, or injustice by employees, supervision, or the administration.
A grievance may also arise from actual or perceived unfairness with disciplinary actions on employees.

Disagreements or Perceived Unfairness: When an employee believes his or her treatment in a certain
matter has been unfair, the employee may seek an audience with each supervisor in his or her chain of
command for a resolution. If an employee disagrees with a directive by a supervisor, the employee must
follow the instructions or directive of the supervisor. At the earliest opportunity, the employee should seek
an independent audience with each supervisor in the chain of command for a resolution or reasoning on
the directive. If an employee disagrees with a policy, the disagreement should be reduced to writing, with
constructive suggestions presented for consideration. A written notification of disagreement must be on
the interoffice memorandum.

Disciplinary Action Appeal: If an employee has been subject to disciplinary action, the employee may
appeal by making a written request for a chain-of-command review. This request must be submitted in
writing on an interoffice memorandum. The appeal request must be submitted within 15 days of being
notified of disciplinary action. The employee may request the chain-of-command review with one
supervisor at a time, or all at the same time. Each supervisor in the chain will make comments or
recommendations to the Sheriff or Chief Deputy (with the Sheriff's concurrence) concerning elements of
the appeal and recommendations for lessening, modification, or increasing disciplinary action. At the
earliest opportunity, the first line supervisor will make arrangements for the appeal meeting(s).

Final Appeal: The Sheriff is the final authority on all matters of disciplinary action, including appeal of
disciplinary action. An employee who wishes to forgo a chain-of-command review may appeal directly to
the Sheriff. Once the employee has chosen to voice an appeal directly to the Sheriff, no other method of
appeal is available as an option. Once the Sheriff has heard and acted on the appeal, the disciplinary
action is final.
Chapter 5
Handling and Disposition of Entrusted
Properties, Evidence Handling, Seized and
Forfeited Property



Directive Number
05.006

Effective Date
11/01/2008

Revised Date
01/16/2012

Division: All Enforcement Divisions

Supercedes: N/A


Title: Handling of Admitted Exhibits in a Criminal
Proceeding (release of firearms or contraband from
Court Reporter)

Handling of Admitted Exhibits in a Criminal Proceeding

The Courthouse Security Deputy(s) primary responsibility is to provide security to the courthouse, the
public at the courthouse, and to its employees. There are other responsibilities that also fall to these
Deputies that help in streamlining the Court process. One of these is assisting the Court Reporter in
the handling of admitted exhibits of evidence, with special emphasis on firearms and contraband.

Policy

t is the policy of this Sheriff's Office that during court hearings and trials that it is the primary
responsibility of the Investigating Officer and the Court Reporter to maintain possession of admitted
exhibits of evidence. However there are times in the proceeding that the investigating officer may be
required to leave the courtroom for other witnesses' testimony. During this time the Courthouse
Deputy should be mindful of the admitted exhibits and take diligent efforts to insure their security
during the proceeding.

Although firearms may be evidence in the case they should be considered to be fully functional and a
potential threat to the security of the courthouse. In many cases ammunition may also be present as
an exhibit and could be readily accessible to persons in the court room.

Other items such as contraband can also pose a security threat and should be handled accordingly.

During recess of the proceedings the Courthouse Deputy should insure that if all possible that the
investigating officer is present to assist the Court Reporter with the security of these items.

Although it is not the responsibility of the Courthouse Deputy to maintain chain of custody on these
items it is however their responsibility to maintain a safe courthouse. The Courthouse Deputy shall
enlist the help of any available officer to assist them in carrying out this task.

At the conclusion of these proceedings the Court Reporter is instructed by the Code of Criminal
Procedure 2.21 to release firearms and other contraband to the Sheriff's Office. Contraband is
defined in chapter 59.01 of the Code of Criminal Procedure. It is the Courthouse Deputy's
responsibility to insure that the investigating officer return at the conclusion of the proceeding assist
with this transfer of custody.

f the investigating agency is the Brown County Sheriff's office the investigating officer will sign for
and retain custody of the admitted exhibits from the Court Reporter.

If the investigating agency is from another agency the Courthouse Deputy will sign for the admitted
exhibits and transfer custody of said items from the Court Reporter to the Investigating Officer from
the investigating Agency.

The Courthouse Deputy shall instruct the Investigating Officer receiving custody of the exhibits that
they should maintain these items in accordance with CCP 2.21 and 18 until the appeal process has
been exhausted, all co-defendants cases have received final judgment, and they are authorized to do
otherwise by the court having jurisdiction over the proceeding.

A department property release form will be filled out by the parties transferring custody and copies will
be maintained by the Court Reporter, the investigating officer, and the Courthouse Deputy if they
transferred custody to the investigating agency.

In cases when the Courthouse Deputy transferred custody of the exhibits to an investigating agency
other than that of the Brown County Sheriff's Office, a copy of this form will be forwarded to the Brown
Count Sheriff's Office Records Clerk to be filed.

This policy in no way supersedes State or Federal law and all exhibits should be handled in according
to these laws over Brown County Sheriff's Office Policy.

Chapter 6
Estray Livestock, Dangerous Animals,
Environmental Enforcement



Directive Number
06.001

Effective Date
10/01/2011

Revised Date

Division: All

Supercedes: N/A


Title: Esttray and Loose Livestock

Estray Livestock

Statement: Estray livestock accounts for a large number of calls received by the Brown County Sheriff's
Office and is a problem that has gone on for decades. In 1952, a public election was held to deal with the
ongoing problem of estray animals. By a majority vote, the election designated Brown County as a "fence
in county rather than a "fence out county. The election prohibited livestock defined as horses, mules,
jacks, jennets, cattle, hogs, sheep, and goats to run at large within the limits of Brown County. By this
designation, it required that the livestock owner provide sufficient fencing to keep livestock confined within
the property they are placed on. Most ranchers and farmers are very good about helping each other with
livestock problems and deputies are encouraged to foster good relations between neighboring property
and livestock owners to resolve issues. This policy outlines procedure in dealing with calls for service on
livestock in violation of this statute. This policy has a twofold purpose.

1. A public safety concern to keep stray or loose livestock from becoming a threat or hazard to
citizens by keeping livestock off of public property or right of ways such as county roads and
highways.

2. To keep livestock owners accountable for livestock containment.

Estray Calls for Service

1. Estray livestock occurs in a vast array of circumstances. Deputies are instructed to evaluate and
respond to each situation accordingly. Livestock on a roadway during night hours would be an
example of when a more expeditious response would be merited.

2. Upon arrival the responding deputy will make diligent effort to locate the origin of the property and
owner of the livestock in question.

3. If the originating property is confirmed by reasonable assumption, the deputy will place the
livestock on the property.

4. After removing the livestock from the public right of way or property, the deputy will attempt to
identify the property owner and/or livestock owner.

5. The property owner and/or owner of the livestock will be informed of the location, number of
animals, and description of the livestock.

6. When contact is made to either the livestock or land owner, the deputy will inform them of the
laws prohibiting loose lives stock in Brown County as determined by public election in 1952.

7. If the property owner or livestock owner cannot be readily determined, an estray card notification
will be placed at or near the property entrance where the livestock is believed to have originated.
Dispatch will be notified of the card placement details.

8. The deputy will notify dispatch of all identifying information of the livestock, property, and owners
for documentation and referral for future calls.

9. When, in the interest of public safety, livestock is placed on property where the property or
livestock owner is unknown, the deputy will note to dispatch that the property or livestock owner
was not fully confirmed.

10. The deputy will attempt to identify the property owner where the livestock were contained. If the
property owner cannot be identified the deputy shall place the notification of estray card (Form #
06.001.01) on or near the property entrance where the livestock were contained. The deputy
shall notify dispatch of all identifying information of the livestock, property, and the owner of the
property where the livestock are contained.

Livestock Impoundment

1. When it is determined estray livestock is to be removed by impoundment from public right of way
or property, the deputy will begin the process of impounding of the livestock as set out in
Agriculture Code 142.009. The first line supervisor will be contacted and informed of the situation
at hand and must approve the impoundment.

2. The deputy will then notify the Road Crew Supervisor who will coordinate efforts and
arrangements to impound the livestock, and insure proper care of the livestock while the custody
of the Brown County Sheriff's Office.

Care of Impounded livestock

1. The Road Crew Supervisor will authorize payments to cowboys and feed and veterinary costs
related to impounding of livestock. The Road Crew Supervisor will also keep track of fund
balances available for estray livestock handling.

2. The Road Crew Supervisor will keep track of livestock in custody and coordinate efforts to return
livestock to their owners or schedule for public sale as authorized by statute.

Reports

1. The deputy will notify dispatch of all identifying information of the livestock, property, and owners
for documentation and referral for future calls.

2. Details of the livestock owner, description, location, and land owner will be indicated on the call
log as directed by the deputy.

3. When livestock is impounded, copies of all related reports must also be expeditiously given to the
Road Crew Supervisor who will keep as a secondary record of estray impoundments.

4. All call sheets and impoundment reports shall be placed in the patrol report box.

Investigation

1. The day shift patrol supervisor and/or his or her designee are responsible to conduct follow up
investigations on loose livestock calls. When livestock is impounded, the Road Crew Supervisor
will be kept apprised of the investigation.

Enforcement

1. Enforcement options will be at the discretion of the deputy receiving the call and shall be based
on lawful authority and the totality of circumstances known to the deputy at the time of the call. To

include the repetitive nature of the particular loose livestock call. Deputies are instructed to be
diplomatic and emphatic on estray livestock where it is readily apparent that human error or
unforeseen circumstances contributed to the estray. On the other hand, deputies are to take
decisive action, when it is readily apparent that the estray owner has no intent to comply with the
law.

2. Enforcement authority is authorized by the Agriculture Code section 143.034

Chapter 7
Fiscal Matters, Travel, Building Use, Energy
Conservation, Fleet Vehicles, and Fleet Safety,
Property Inventory, Technical Equipment



Directive Number
07.002

Effective Date
01-01-07

Revised Date
10/01/2011

Division: All Personnel

Reference(s): N/A


Title: Travel Procedures

Travel Guidelines

Statement: Funds for travel are appropriated by the Brown County Commissioner's Court for approved
travel on official county business. Travel expense is a means of reimbursing the employee for actual
expenses incurred in performance of official county business and is not a supplement to salary. All travel
must have the advanced approval of a supervisor and expenses must be justified and accounted for as
required by this policy. Eligibility for travel advances or reimbursements is determined in the following.
Exceptions to this policy may be granted by the Sheriff.

Partial Per Diem

1. Employees on travel away from Brown County for more than five (5) hours are eligible for
meal reimbursement as follows.
a. Leave no later than 7:00 am Breakfast up to $9.00
b. Away during the day Lunch up to $14.00
c. Away at 6:00 pm or later Dinner up to $17.00
2. Partial Per Diem rates apply only to partial day travel up to a 24 hour period maximum of
$40.00. When the county credit card is used, signed receipts will be attached to the Travel
Report. The county credit card will not be used for small purchases or snacks such as candy
bars or cokes.
3. Partial per diem travel may be claimed by submitting the Brown County Sheriff's Office Travel
Report form (Form number 07.002.001) documenting the purpose of the trip, leave and
arrival times, number of hours away, and the amount claimed.
4. Allowable expenses may be subject to reduction for budgetary purposes. Expenses incurred
that exceed the above guidelines must be approved by the Sheriff or Chief Deputy, upon
justification in the Travel Report (07.002.001).

Full Per Diem, In-State Travel

1. Full per diem is generally defined as travel out of Brownwood requiring overnight lodging.
2. Partial per diem rates (meals) apply on the first and last day of out of county travel for two or
more consecutive calendar days. The county reimbursement rate for out of town meals is set
at $40.00 per day maximum (excluding out of state travel). There is no provision in the Brown
County Personnel Policy Manual for reimbursement of meals that exceeds $40.00 per day.
3. Employees may be reimbursed for the actual cost of lodging not to exceed eighty dollars per
day ($80). Lodging in excess of eighty dollars per day must have justification and prior
supervisory approval. Actual lodging must have the receipt attached to the Travel Report
(07.002.001).
4. Employees of the same sex at the same destination will double up in rooms. Employees may
stay in a single room if there is a health issue and/or as approved by the supervisor.

5. When multiple employees claim shared expenses, such as a shared room meal expense,
each person who claims the expense must have a copy of the receipt and note their share of
cost and the person with whom they shared on the receipt noted on the travel report.
6. If an employee is accompanied by a spouse on an overnight trip, reimbursement will be made
for the single rate only.
7. A travel request may be submitted as an advance or a reimbursement. Travel requests for
out-of-town travel expenses must be detailed and submitted on the Travel Report. Lodging
receipts must be stapled to the Travel Report. The purpose of the trip, departure and arrival
times, number of days, and amount claimed must be clearly detailed on the Travel Report. If
an employee receives a travel advances and circumstances change such as an early return,
the employee must reimburse the county for the difference affected in the maximum
allowable amounts.

Out-of-State Travel

1. Employees who travel out of state, within the continental United States, may receive
reimbursement for actual meals and lodging expenses or reimbursed at federal travel rates
(which ever is less) with approval of the supervisor.

Mileage Expenses

1. Mileage reimbursement rate. (Note: with the exception of tolls and parking, mileage
reimbursement is inclusive to all expenses associated with employees' operation of a
personally owned or leased vehicle.) The rate of reimbursement for Sheriff's Office
employees' use of their personally used vehicle for out of county travel shall be fifty one
cents ($0.51) per mile. Employees may not use the county gas cards when claiming
mileage.
2. Mileage will be paid at the approved rate from the Law Enforcement Center to destinations
based on Texas State Mileage Guide. http://www.window.state.tx.us/comptrol/texastra.html
3. Claims for additional mileage must be justified on the travel report and is subject to
supervisory approval.

Prisoner Transports

1. Expenses related to transporting prisoners, (inmates and MHMR patients) must be kept to a
minimum and receipts will be signed, kept and logged on the travel report (aka 'Trip Sheet').
2. In addition to receipts, expenses (miles traveled, work hours, meals etc.) relating to prisoner
transports will also be recorded on the travel report.

Travel Report (Form number 07.002.001)

1. The Brown County Sheriff's Office Travel Report (Form number 07.002.001) is the primary
report for documenting travel. All travel will be justified and approved on the travel report.
The travel report must be submitted within five (5) working days of arrival back to Brown
County or two days prior to the end of the month, which ever applies first. Exceptions to the
time requirement may be granted by the first line supervisor.
2. Travel Reports are an official document of the Sheriff's Office and must have the original
signatures of the employee and first line supervisor to be complete.
3. County credit card receipts, must be stapled to the travel report.
4. Transports of inmates and MHMR patients must detail the inmate/patient's name, warrant
number, charge, and destination.
5. Travel Reports and accompanying receipts must coincide with weekly reports or time sheets
submitted by employees.
6. Advances and reimbursements must balance on the report. In other words, if an employee
receives a partial advance for travel, it must balance correctly with documentation and claims
for reimbursement on the Travel Report.

7. Employees will submit the original travel reports to the first line supervisor for approval who
will then submit to the Sheriff's Administrative Assistant to reconcile with the budget and then
filed. After supervisory approval, reimbursement may be completed.


Directive Number
07.003

Effective Date
09-24-09

Revised Date

Division: All

Supercedes: N/A


Title: Training Requests

Training Requests

Training requests (Form number 07.003.01) must be submitted in advance of training.
Employees who must obtain training must request training no later than 5 days in advance
of the training event. The training request must have a full description of the school and a
breakdown of actual or projected approximated costs including tuition, lodging and partial
per diem.

Employees will seek approval for training through the Training Request form (number
07.003.01). The form must be originated by the employee or the employee's supervisor and
submitted for approval through the chain of command. Each supervisor's signature
indicates approval concerning the cost and permission to attend training. The Training
Request must have the Texas Commission on Law Enforcement Officer Standards and
Education (TCLEOSE) number along with the number of hours that will be received in the
school.

Original Training Request forms will be kept on file with the Sheriff's Administrative
Assistant.

At times, budget constraints may prohibit approval for training schools or conferences.
Should an employee have a desire to attend such a school or conference, it will be attended
as an employee-only expense on the employee's personal time. The employee must submit
the training request in order to keep track of the employee's level of training. The travel
request must indicate that the employee wishes to attend the training on his/her own
personal time and at his/her personal expense.



Directive Number
07.004

Effective Date
01/07/07

Revised Date

Division: All

Supercedes: N/A


Title: Cell Phone Usage

Cell Phone Usage

Statement: Cell phones are tools used to increase the speed, efficiency, and professional
response of the Sheriff's Office in its overall mission. Cell phones issued to Brown County Sheriff's
Office employees will be based on a clear justification, to the Sheriff and are considered as
Sheriff's Office property to be used for Sheriff's Office business only. Personal use of phones
under the Sheriff's Office contract is not permitted unless specifically authorized by this policy.

Phone Assignments

Cell phones will be assigned to commissioned officers when there is a clear need for law
enforcement purposes. Cell phones will also be assigned to supervisors and Sheriff's Office
Administrators for administrative purposes. Support personnel will be assigned phones on a case
per case basis, upon written justification.

Cell Phone Contracts

Annually, the Brown County Auditor's Office will enter a contract with a cell phone carrier. The
contract is determined by a number of factors, including number of officers, competitive pricing,
needs of the organization, and special packages provided by the carrier. Cell phone contracts are
negotiated to minimize costs to the Sheriff's Office and employees must be familiar with the terms
of the existing contract and insure usage so as to minimize costs to the county. No changes or
additions to service or the phone contract will be made unless approved by the administration.

Personal Usage

Employees will use the phone for official business only. Employees who use the county phone for
personal reasons will do so minimally and must not allow usage to interfere with county business.
Personal use of the Sheriff's Office phone must be on a limited basis. Employees are reminded
that all texts, data, voice, and all other electronic information is considered as Sheriff's Office
information. All county cell phones and usage is strictly considered as county property and/or
county business and is subject to review, usage, investigation, cost analysis, or audit by the
administration. If at any time a supervisor requests an employee to surrender his/her cell phone,
that employee must do so upon demand. Employees are permitted to use the cell phone for
personal business only when there is no cost to the county. For example, when the phone contract
allows for unlimited calls on a weekend, the employee will not be penalized for use of the phone.
Any personal use which costs the Sheriff's Office will be paid for by the employee.
All usage of county cell phones must be on a professional and/or ethically decent level. Any
usage construed as inappropriate and unprofessional, such as sexually suggestive or coded
communications is strictly prohibited and subject to disciplinary action up to termination.

Additional Services and Fees

Ring tones, text messaging, and other additional services provided by the carrier is prohibited
unless specifically provided for in the contract or approved by the Sheriff's Office Administration.
Any costs incurred by additional services will be paid for by the employee.

Reimbursement of Personal Phone

Employees may be reimbursed for use of their personal phone when it is demonstrated the
personal phone is used to benefit the county to a substantial degree. Reimbursements for the
basic monthly service charge by the carrier may be made if the employee elects to use a personal
phone in lieu of a county phone where policy provides. Reimbursements may also be made for air
time of a personal phone when it is shown the airtime is clearly on county business.
Reimbursements are subject to supervisory approval will be made on a case by case basis and
only where there is a clear financial benefit to the county.

Stored Electronic Information

All texts, data, voice, and all other electronic information is considered as Sheriff's Office property.
When the phone service is paid in full by the count, the cell phone and/or usage is strictly
considered as county property and/or county business and is subject to review, usage,
investigation, cost analysis, or audit by the administration. If at any time a supervisor requests an
employee to surrender his/her cell phone, that employee must do so upon demand.

Unauthorized Use of Cellular Phone

Employees will refund any unauthorized use of a cellular phone immediately after the charge
shows up on the monthly statement to the Sheriff's Office. The employee will submit a personal
check or to the Sheriff's Administrative Assistant which will be deposited and leveraged against the
phone bill in question. Repetitive unauthorized use will be subject to disciplinary action.



Directive Number
07.005

Effective Date
04/01/2007

Revised Date
01/16/2013

Division: All

Supercedes: N/A


Title: Clothing Allowance

Clothing Allowance

Policy: All sworn officers of the Brown County Sheriff's Office will receive a $600.00 clothing allowance
divided up into monthly payments throughout the fiscal year. In order to receive the clothing allowance,
officers are required to keep and maintain a uniform and equipment at all times as detailed in section
02.003. All officers are subject to uniform service at any time. Clothing that is appropriate for court is
considered as a uniform for non-uniformed personnel and is a reimbursable allowance.

Taxable Allowance

Clothing allowance provided to individual officers is considered a benefit and therefore is subject to an
applicable income tax.

Uniform and Equipment Up Keep

Officers will not be required to keep receipts for uniforms, dry cleaning, and maintenance of uniforms and
equipment in order to receive a this benefit. However failure to properly maintain uniforms and other
equipment according to section 02.003 will result in possible disciplinary action and or removal of this
benefit being directly distributed to the individual officer.

Form # 01.003.01

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_____________________________________________

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Form # 01.003.02
BROWN COUNTY SHERIFF`S OFFICE
I NTEROFFI CE MEMORANDUM

DATE:

TO:

FROM:

RE:

Form # 01.003.03

From:

To:

Regarding:

Date Sent: Date Due:

For Your Information Read & Become Familiar
Please Handle Provide Update & Return
Edit & Return Brief Me On This
Sign & Return Contact Me On This
Return With Comments For Your Approval
File Appropriately Prepare For My Signature
Please Type Route Through Staff

Comments:
Routing Slip

Form # 01.003.04


Directive Number

Effective Date

Revised Date

Division: All

Supercedes: N/A


Title: Fitness for Duty

Brown County General Orders

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