RANDOLPH COUNTY SHERIFF'S OFFICE

1.32.1 Purpose
 

The purpose of this policy is to ensure compliance with Alabama and federal laws governing eavesdropping, surveillance, and the interception of communications, and to protect the integrity, safety, and orderly operation of the Detention Center. This policy applies to all detention officers, supervisors, command staff, civilian employees, contractors, and volunteers assigned to or working within the Detention Center.

1.32.2 Policy Statement

All personnel are strictly prohibited from the unauthorized recording, interception, or dissemination of confidential, sensitive, or private communications within the Detention Center. Compliance with all applicable state and federal laws is mandatory, and violations of this policy shall result in disciplinary action up to and including termination, as well as potential criminal and civil liability.

1.32.3 General Compliance Requirement

All personnel shall comply with Alabama Code § 13A-11-30 through § 13A-11-37, as well as all applicable federal laws regulating the interception, recording, monitoring, use, or disclosure of oral, wire, or electronic communications.

1.32.4 Statutory Authority

Alabama law defines and regulates eavesdropping, surveillance, and the interception of oral and electronic communications. Unauthorized recording of private communications may constitute a criminal offense under state law and may also violate federal wiretapping statutes.

1.32.5 No Authorization Created by Policy

Nothing in this policy shall be interpreted as authorizing any employee to record conversations or communications in violation of Alabama or federal law.

Approval, knowledge, or failure to object by a supervisor does not override statutory prohibitions and does not create immunity from criminal prosecution, civil liability, or administrative discipline.

1.32.6 Internal Privacy and Institutional Standards

Although Alabama is a one-party consent state, the Detention Center adopts more restrictive internal standards to preserve institutional order, security, and professional integrity.

1.32.6(A) Prohibited Recordings

Employees shall not audio or video record any workplace conversation involving:

• Other detention officers or employees

• Supervisors, shift commanders, or command staff

• Internal Affairs personnel

• Any discussion related to Detention Center operations or agency business

Without prior written authorization from the Sheriff or Chief Jail Administrator.

This prohibition applies regardless of whether state law might otherwise permit the recording.

1.32.6(B) Presumption of Privacy

The following communications are presumed private and protected:

• Internal investigations or Internal Affairs interviews

• Disciplinary meetings or counseling sessions

• Performance evaluations or corrective action conferences

• Supervisory instructions, coaching, or corrective discussions

• Any communication related to employee conduct, compliance, or discipline

Employees shall not independently determine that such communications are exempt from legal or policy restrictions.

1.32.6(C) Recording of Supervisory or Investigative Personnel

Subordinates are strictly prohibited from secretly or independently recording supervisors, command staff, or Internal Affairs personnel during:

• Internal investigations

• Administrative interviews

• Disciplinary proceedings

• Counseling or performance-related discussions

Unauthorized recording in these circumstances constitutes a serious breach of institutional trust and chain of command.

1.32.6(D) Prohibition Regardless of Intent

Unauthorized recording is prohibited regardless of the stated purpose, including but not limited to:

• Self-protection

• Documentation

• Evidence gathering

• Defense against discipline

• Whistleblower activity

Intent does not excuse violations of law or this policy. All unauthorized recordings shall be treated as major violations.

1.32.6(E) Criminal, Civil, and Administrative Consequences

Violations of applicable law or this policy may result in:

• Criminal prosecution

• Civil liability

• Administrative discipline, up to and including termination

Administrative discipline may be imposed regardless of the outcome of any criminal or civil proceedings.

1.32.6(F) Duty to Seek Authorization

Any employee who believes recording may be legally required or operationally necessary must obtain prior written authorization from:

• The Chief Jail Administrator or 

• Assistant Jail Administrator

Absent express written authorization, all recording within the Detention Center is prohibited.

1.32.6(G) Discipline Independent of Legal Outcome

Disciplinary action for violations of this policy may be imposed regardless of whether:

• Criminal charges are filed, dismissed, or declined

• A recording is later deemed lawful or unlawful

• The recording is admissible or inadmissible in any proceeding

1.32.7 Conclusion

The unauthorized recording of confidential information undermines institutional integrity, violates trust, and exposes personnel and the agency to significant legal risk. Strict adherence to this policy is required of all personnel at all times.