UPPS 04.04.62 - Electronic Recording of Oral Communications in the Workplace

POLICY STATEMENT

Texas State University is committed to open communication and transparency in an environment that is conducive to building and maintaining trust.

1. SCOPE

   1. The purpose of this policy is to set parameters related to the permissibility of recording oral communications in the workplace. Specifically, this policy addresses:

      1. workplace rules and norms surrounding the recording of communications within the context of state one-party consent laws and regulations;

      2. situations in which recording of oral communications in the workplace may be exempted from general rules;

      3. specific exemptions applicable to the Texas State University Police Department; and

      4. applicable protocols pertaining to meetings that will be recorded and the maintenance of such recordings.

2. DEFINITIONS

   1. Administrative Meetings or Discussions – meetings that occur within the Texas State workplace that relate to the management/operation of the university or that pertain to the work relationships/administration of work duties within the course and scope of employees’ work for the university.

   2. Notice – actual written or verbal communication to the participants that a meeting is subject to recording.

   3. One-Party Consent – in the context of oral communication, one individual may record the communication if they are a participant in the conversation or if they have received permission from one participant in the communication in advance.

   4. Oral Communication – verbal communication that occurs within the Texas State workplace.

   5. Workplace – physical or electronic facilities owned by Texas State or provided by the university for the purpose of university operations or any other location where work on behalf of the university is being performed or from which an employee is attending a work-related meeting.

3. REFERENCED DOCUMENTS AND WEBPAGES

   1. Texas Penal Code Section 16.02

   2. Art. 18A.001, Texas Code of Criminal Procedure

   3. Texas Open Meetings Act

   4. Texas Government Code, Chapter 551

   5. UPPS No. 01.01.05, Committees

   6. Records and Retention Schedule

4. PROHIBITION OF RECORDING ADMINISTRATIVE MEETINGS OR DISCUSSIONS

   1. While pursuant to Texas Penal Code Section 16.02, the state of Texas is a one-party consent state as it relates to oral communications, Texas State has a keen interest in fostering trust, respect, and openness in the workplace. Therefore, as a matter of policy, electronic recordings of oral communications during administrative meetings or discussions within the university workplace are prohibited except in the specific circumstances outlined in this policy.

   2. The following exceptions have been approved to ensure compliance with Texas law and to further promote institutional transparency:

      1. subject to the applicability of UPPS No. 01.01.05, Committees, recordings subject to open meeting laws are permitted unless the presiding officer directs otherwise;

      2. administrative meetings or discussions where all parties thereto consent to the recording of the same;

      3. a supervisor holding a meeting may authorize the recording of a meeting if there is a legitimate university business reason for doing so. The meeting holder must notify participants that the meeting is being recorded;

      4. Meetings held electronically via modalities such as Zoom or Teams may be subject to recording provided that participants are given notice of such recording. If a participant objects to the recording, the final determination as to permission shall be made by the supervisor or member of management responsible for the meeting or the member of management in charge of the unit or department sponsoring the meeting;

      5. Administrative meetings or discussions may be recorded where a participant has an approved Americans with Disabilities Act (ADA) accommodation that permits such recording provided that notice is given to the other participant;

      6. An administrative meeting or discussion may be recorded, upon notice, as part of an official university or system investigation as directed by the offices of General Counsel, Internal Audit, Institutional Compliance, or Human Resources;

      7. University Police Department activities related to official police investigations or the use of devices approved by the university in the context of public safety (e.g., police body cameras, security cameras, patrol vehicle cameras, etc.);

      8. This policy is not intended to restrict or inhibit the recording of classroom or instructional sessions as determined by the responsible faculty member provided that such recording is consistent with other university policies, procedures, and guidelines.

   3. In the event that the recording of an administrative meeting or discussion is appropriate under this policy, an employee may not refuse to participate in the meeting or discussion after having been informed of such recording.

5. MAINTANCE AND DISPOSITION OF RECORDINGS

   1. A recording, by an employee, of an administrative meeting or discussion in a university workplace is considered a state record and property of Texas State.

   2. The holder of any recording authorized by this policy is responsible for adhering to the university’s Record Retention Schedule.

   3. If an authorized recording is made on a personal device the recording must be transferred for storage on a university device for retention purposes.

   4. If a recording is permitted under this policy for the purpose of later transcription of minutes, the recording may be disposed of once the minutes are approved in final form thereby becoming the official record of the meeting.

6. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Associate Vice President and Chief Human Resources Officer	May 1 E5Y
      Chair, Staff Council	May 1 E5Y
      Chair, Faculty Advisory Committee	May 1 E5Y

7. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedures from the date of this document until superseded.

   Associate Vice President and Chief Human Resources Officer; senior reviewer of this UPPS

   Executive Vice President for Operations and Chief Operating Officer