(a) Community police oversight board. The board in reviewing a personnel matter shall hold closed meetings in compliance with the Texas Open Meetings Act, acting in a nonjudicial capacity. The confidentiality of any file, record, or other data received by the board in its review of an incident or a complaint shall be strictly maintained by every member of the board.
(1) Board members commit an offense if they disclose to another person confidential information obtained in the course of their board duties.
(2) It is a defense to prosecution under Paragraph (1) that the disclosure was made:
(A) to another board member or to city staff assigned to the board; or
(B) as compelled testimony in a court proceeding.
(3) An offense under this section is punishable by a fine not to exceed $500.
(4) Any board member who discloses confidential information to anyone other than another board member or city staff member assigned to the board or as compelled testimony in a court proceeding shall forfeit membership on the board. Upon determination by the chairman of the board that a board member has disclosed confidential information, the chairman shall notify that board member and the city secretary. The city secretary shall then notify the city council that there is a vacancy on the board. A board member required to forfeit board membership under this section will be entitled to a public hearing in accordance with Section 17, Chapter XXIV of the city charter. If requested by the board member, the city council will immediately schedule a hearing to be held at the next regularly scheduled city council meeting. The board member may designate either a public or closed hearing.
(b) Office of community police oversight. The confidentiality of any investigative file, record, or other data received by the director or the director's staff during the briefing, review, or monitoring of an incident or a complaint shall be strictly maintained. The director shall not share any confidential information with the board that is obtained during the monitoring of a critical incident. Any staff member of the office who discloses confidential information to another person may be subjected to disciplinary action, up to and including termination of employment.
(1) The director or any member of the office commits an offense if they disclose to another person confidential information obtained in the course or performance of his duties.
(2) An offense under this section is punishable by a fine not to exceed $500.
(3) It is a defense to prosecution under Paragraph (1) that the disclosure was made:
(A) to the city manager, an assistant city manager, the director or a staff member of the office, the chief, or employees of the department authorized to receive the information;
(B) as compelled testimony in a court proceeding; or
(C) pursuant to a valid request from the district attorney's office. (Ord. Nos. 19818; 19903; 19983; 31192, eff. 10/1/19)