Contracts
Review Employment Agreements: Audit contracts for employees who are retired DPS troopers.
- Non-Competes: Be advised that non-compete clauses are generally unenforceable against an individual accepting employment with a government entity for public safety purposes. Do not rely on these clauses to retain talent.
- Notice Periods: Ensure contractual notice periods are clearly defined and enforceable to guarantee an orderly transition of duties should an employee return to state service.
Hiring/Training
Succession Planning: Identify key roles currently held by retired DPS personnel (e.g., Executive Protection, Lead Investigators). If these employees return to DPS under the new streamlined rules, you must have a pipeline of replacement candidates ready.
Risk Assessment: If you replace seasoned former troopers with less experienced personnel, review your liability insurance and internal training protocols to ensure coverage requirements are maintained.
Reporting & Record-Keeping
None. This statute governs internal DPS personnel files and imposes no reporting requirements on private employers.
Fees & Costs
No Direct Costs. There are no new state fees. However, anticipate potential indirect costs associated with recruiting and training replacements for staff lost to this state recruitment initiative.