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Commissioners adopt policy limiting unauthorized recordings by county employees; vote 4-1 amid privacy and enforcement questions
Summary
Kendall County adopted a policy prohibiting unauthorized personal-device recordings of county work activities and restricting posting of such material; the measure passed 4-1 after debate about exceptions and enforcement.
BOERNE, Texas — The Kendall County Commissioners Court adopted a policy Tuesday that prohibits county employees from using unauthorized personal recording devices to record county work activities and from posting such recordings on personal social media. The motion passed 4-1.
Acting general counsel Bob Lippo presented the policy, saying it is intended to protect privacy, comply with health and confidentiality rules (including potential HIPAA concerns) and avoid inadvertent public-disclosure violations — for example, posting identifiable license-plate images or patient care scenes. Lippo said recordings made on personal devices during work become county records and can create legal exposure for the county if released improperly.
Commissioner Carpenter raised concerns about employee free-speech and situations in which an employee might document unsafe or unlawful conduct. Lippo and other court members said the policy includes an exception process: employees may record county business with written authorization from general counsel or human resources or when using county-issued devices and apps that are authorized for work functions. Court members discussed the difference between personal phones and county-issued phones or county-run reporting apps; Lippo said the policy targets unauthorized personal-device recordings and online postings.
Vote and implementation: The court adopted the policy by roll call, with the county judge and Commissioners from precincts 1, 2 and 3 voting in favor and Commissioner 4 voting nay. Staff said the policy language can be clarified to explicitly distinguish personal/unapproved devices from county-issued phones and authorized departmental apps; the county’s HR office will incorporate the policy into employee materials and provide guidance on the written-authorization process.
Why it matters: County officials cited prior incidents in which an employee recorded a scene that included a license plate and posted it online; legal staff said license-plate information may be protected under the Texas Public Information Act in specific circumstances and that unauthorized recordings can expose the county to records-law and privacy liabilities.
Speakers quoted in this article include acting general counsel and commissioners during the June 10 meeting.
