Lone Star Police Department

	LONE STAR POLICE DEPARTMENT
	Policy 5.1.1 Personnel Records
	Effective Date: 25-SEP-2024
	_______________________________________________________ Ernest Hastings, Chief of Police

I. POLICY

It is the policy of the Lone Star Police Department to establish and maintain a file for each sworn officer containing all documents required by the Texas Commission on Law Enforcement (TCOLE).

II. PURPOSE

The purpose of this policy is to comply with the departmental requirements imposed by TCOLE.

III. DEFINITIONS

1. Personnel File:
   1. Any letter, memorandum, or document relating to a commendation, congratulation, or honor bestowed on the license holder by a member of the public or by this agency for an action, duty, or activity that relates to the license holder's official duties;
   2. Any misconduct (as defined by section 1.3, Misconduct Allegations model policy) by the license holder if the letter, memorandum, or document is from the employing agency and resulted in disciplinary action; and
   3. The periodic evaluation of the license holder by a supervisor. For reference, see Texas Local Government Code § 143.089(a); Texas Occupations Code § 1701.4535(a)(1).
2. Department File: Any information not included in the definition of Personnel File.

References: see Texas Local Government Code § 143.089(g); Texas Occupations Code §§ 1701.4522 and .4535(c).

IV. FILE CONTENTS

1. PERSONNEL FILE
   1. This agency shall maintain a personnel file on each license holder employed by the agency.
   2. If a negative letter, memorandum, document, or other notation of negative impact is included in a license holder's personnel file:
      1. The Chief of Police or his/her designee shall, not later than the 30th day after the date of the inclusion, notify the affected license holder by certified mail, or by departmental or personal email, or in person;
      2. Notice is considered to be received electronically by the license holder, provided it is sent to the department or personal email address listed in the license holder's personnel file and the license holder confirms receipt;
      3. If confirmation of receipt is not provided by the license holder within seven calendar days of being sent electronically, the Chief of Police or his/her designee must send the notification by certified mail; and
      4. The license holder may, on or before the 30th day after the date of receipt of the notification, file a written response to the negative letter, memorandum, document, or other notation.
   3. A license holder is entitled, on request, to a copy of any letter, memorandum, or document placed in the license holder's personnel file. This agency may charge the license holder a reasonable fee not to exceed the actual cost of any copies.
   4. The Lone Star Police Department may not release any information contained in a license holder's personnel file to any other agency or person requesting information relating to the license holder without the license holder's written permission, unless the release is required by law.
   5. As provided by Texas Occupations Code § 1701.451, a law enforcement agency hiring a license holder is entitled to view the contents of the license holder's personnel file.
   6. This agency shall provide a personnel file to TCOLE not later than the 30th day after the date the officer separates from the agency or on request by TCOLE as part of an ongoing investigation relating to the officer.
2. DEPARTMENT FILE
   1. Any letter, memorandum, or document relating to alleged misconduct by the license holder may not be placed in the license holder's personnel file if the agency determines that there is insufficient evidence to sustain the charge of misconduct.
   2. The Lone Star Police Department shall maintain a file on a sworn officer employed by the agency for the agency's use including all information not referenced in section 1.1, Definitions and References of this policy. This file should be marked "Designated as Confidential for Statewide Employment Database under Texas Occupations Code § 1701.168."
   3. The Lone Star Police Department may not release any information referenced in sections 3.1 and 3.2 to any other agency or person requesting information relating to the license holder without the license holder's written permission, unless the release is required by Texas Occupations Code § 1701.451.
   4. As provided by Texas Occupations Code § 1701.451, a law enforcement agency hiring a license holder is entitled to view the contents of the license holder's department file.

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