Staff involved in legal proceedings against Sheriff Lyde put on leave

A sheriff embroiled in legal troubles is putting on leave staff members who are involved in proceedings against him, according to a notification letter obtained Thursday by the Times Record News.

Four employees at the Sheriff's Office have been placed on paid administrative leave, sheriff's Capt. Randy J. Hanson said in an interview Thursday afternoon. That total number includes three sworn peace officers and one member of the administrative staff.

Hanson declined to release the names of those placed on leave, saying he was going to err on the side of caution.

The Times Record News submitted an open records request Thursday evening to the Sheriff's Office to obtain the identities of the employees placed on leave.

Lyde Administrative Leave L... by Denise Nelson

Their leave is an attempt to comply with a temporary restraining order for the sheriff regarding his staff and meet his bond conditions for criminal charges while allowing him to perform his official duties, according to the letter with Thursday's date.

Clay County Judge Mike Campbell said the leave situation was very concerning.

"It will be addressed," Campbell said Thursday afternoon. "The safety of our deputies and our citizens is of utmost concern."

Lyde is accused of sexually harassing three women on his staff, as well as assaulting one of them by slapping her on the buttocks. He faces four recent charges of official oppression in connection with those allegations.

A temporary restraining order was granted in civil court after a second petition to remove him from elected office was filed Jan. 3. The order lays out prohibitions regarding the treatment of his staff members.

Hanson said the Sheriff's Office will be able to carry out its business and take care of jail inmates while having some workers on leave.

"The primary concern was the function of the Sheriff's Office and the fulfillment of the duties of the sheriff and the sheriff's office," Hanson said.

Lyde obtained legal advice from the Texas Municipal Police Association and does not view putting the workers on leave as violating his bond conditions or the restraining order, according to Hanson.

“The sheriff consulted with a TMPA attorney for a legal opinion about the best way to proceed given the rather vague language of the TRO and given the bond conditions," Hanson said.

The TMPA lawyer, Randall D. Moore, said it's common practice to put employees alleging an adverse or hostile work environment on paid administrative leave.

Moore of Fort Worth said paid leave with full benefits is not recognized as an adverse employment action or retaliation by the Fifth Circuit Court of Appeals.

Hanson, who is the second in command under the sheriff, said he recommended the four employees be placed on leave after two days of consideration during which Moore was consulted, and the sheriff approved the recommendation.

Being put on paid administrative leave in these conditions will not adversely impact the license of a sworn peace officer nor should it be considered a disciplinary action, according to the letter. The staff members on leave are not being penalized and their change in status can't be appealed under the disciplinary process.

How long will these staff members be on leave?

"That is going to have a great deal to do with the legal proceedings — the TRO, the bond conditions, et cetera," Hanson said.

In addition, their leave is ongoing until Lyde changes or rescinds it, according to the letter. The staff on leave are not to contact Lyde or the Sheriff's Office unless told to, cannot be on SO property and must contact Hanson daily.

A judge's temporary restraining order in effect through Jan. 31 prohibits Lyde from firing, demoting, altering his staff members' pay, doing anything to impact their law-enforcement credentials or retaliating against them, court records show.

And the employees are to leave their county vehicles and the keys at the SO, according to the letter signed by Hanson.

The Sheriff's Office has approximately 28 workers altogether.

There are 16 sworn peace officers total, including Hanson and Lyde, the sheriff's captain said.

In addition, the SO has four reserve deputies who are peace officers, Hanson said. They are paid an hourly wage if called in to work a shift.

There are also two administrative workers and 11 jail staff members, Hanson said. One peace officer, who facilitates transports, is assigned to the jail.

Ninety-seventh District Judge Jack McGaughey granted the order at the request of a private attorney, Frank Douthitt, and two officials, 97th District Attorney Casey Hall and Clay County Attorney Seth Slagle. Douthitt, Hall and Slagle submitted a petition in civil court to remove the sheriff from elected office.

Douthitt was not immediately reachable Thursday afternoon. TRN also reached out to Hall and Slagle via email.

A suspension hearing for Lyde was delayed Tuesday because Moore filed a motion that day to remove McGaughey as judge in the civil case.

The motion must be dealt with before a hearing can take place for a judge to consider suspending the sheriff, appointing an interim sheriff and making the restraining order an injunction to last until the petition-for-removal case is concluded.

Bond conditions for the recent official oppression charges against Lyde bar him from having contact with the three women accusing him, including being around their workplace.

Lyde faces another two charges of official oppression in connection with allegedly holding a man and woman in jail in July 2021 without a finding of probable cause from a magistrate.

Moore contends the latest official oppression allegations are politically motivated. Lyde has maintained his innocence of the 2021 charges.

Official oppression is a class A misdemeanor punishable by up to a year in jail and a $4,000 fine.

Lyde was free Thursday on $15,000 in bonds for the recent charges, according to online jail records.

Check back with www.timesrecordnews.com for more on this developing story.

Trish Choate, enterprise watchdog reporter for the Times Record News, covers education, courts, breaking news and more. Contact her with news tips at tchoate@gannett.com. Her Twitter handle is @Trishapedia.

This article originally appeared on Wichita Falls Times Record News: Staff involved in legal proceedings against Sheriff Lyde put on leave