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This Directive is for internal use only, and other than as contraindicated here this Directive does not create or enlarge this Department's, governmental entity's, any of this Department's officers, and/or any other entities' civil, criminal, and/or other accountability in any way.  This Directive is not to be construed as the creation of a standard of safety or care in any sense, with respect to any complaint, demand for settlement, or any other form of grievance, litigation, and/or other action.  Deviations from this Directive, if substantiat­ed, can only form the basis for intra-Departmental administrative action(s) (including discipline and/or termination).

Primary Objective:  To establish Department regulations governing secondary employment for all sworn officers of this agency.

In all cases of outside employment, for all members of the Department, the primary duty, obligation, and responsibility of a Department employee is, at all times, to the Department.  Since the nature of law enforcement requires Department employees to work irregular duty schedules and certain occupations inherently conflict with an employee’s primary responsibility to the Department, the Department may impose restrictions on outside employment.

Sworn employees engaging in off-duty employment wearing the Department’s uniform presenting themselves as members of the Department are subject to the rules and regulations of the Department.  All such sworn employees are subject to inspection for compliance with Department rules and regulations.  If more than one Department officer is working at an off-duty job, the senior or superior officer (of this Department) is responsible for compliance with the Department’s rules and regulations by all Department officers working off-duty at that job.

1.       Definitions:

1.       Conflict of Interest: any secondary employment activity that is illegal, inconsistent, incompatible, or in opposition to the duties, functions, and/or responsibilities of employment with this Department.

2.       Department: refers to the officer’s law enforcement agency which issued his/her commission.  While technically (and legally) the officer’s employer is the governmental entity that actually employs/commissions the officer, for purposes of this policy, unless specifically indicated otherwise, the term “Department” means both the officer’s law enforcement agency and the officer’s employing governmental entity.  “Department” also refers to any agents, assigns, or others affiliated with the law enforcement agency or governmental subdivision that may experience any loss or expenditure as a result of the officer’s secondary employment.

3.       Department Executive: the Department Executive is the highest ranking sworn officer of the Department (chief, sheriff, director, etc.).  Or, his/her designee.

4.       Employment: any work performed or services provided for compensation, gain, income, or other personal benefit, including self employment.  This includes any employment in which another may financially benefit from the officer’s work, e.g., a family member or other person receiving compensation or benefit for the work of the officer.

5.       Law-Enforcement-Related Secondary Employment: secondary employment in which an officer is hired as a law enforcement officer and which may entail the use of law enforcement powers bestowed via the officer’s Department.

6.       Non-Law-Enforcement-Related Secondary Employment: secondary employment in which an officer is not expected to exercise any law-enforcement-related powers or skills, e.g., carpenter, lawn maintenance, truck driver, etc.

7.       Officer: any sworn member of this Department.

1.       Full-time Officer: any sworn full-time member of this Department.
2.       Part-time Officer: any paid sworn member of this Department who is not considered full-time by the Department.
3.       Volunteer, Reserve, and Auxiliary Officer: any member of this Department, who is not a full-time officer or a part-time officer (as defined by this Policy), who volunteers his/her time to the Department, except for paid select secondary employment.

8.       Probation: An officer on initial probation status, or one who has been returned to a probationary status for retraining of disciplinary reasons.

9.       Secondary Employment: is synonymous with off-duty employment.  Secondary (or off-duty) employment is any employment other than the officer’s employment with this Department.

10.   Security-Related Secondary Employment: secondary employment which is of the type where an officer is hired as a security guard, watchman, private investigator, or the like.

2.       Applicability of This Policy to Part-time, Volunteer, Reserve, and Auxiliary Officers:

1.       The Department recognizes that these categories of officers have primary jobs, other than with this Department.  Therefore, this Policy shall apply to these categories of officers as follows:

1.       Even though officers in these categories do not need to acquire approval for their other primary (non-departmental) employment, they may forfeit (at the Department Executive’s discretion) their positions with this Department if their other employment would not be approved under this Policy.

2.       These officers agree to timely inform their Departmental supervisor in writing of any employment, or change in employment responsibilities which could reasonably forseeably be contrary to any aspect of this Policy.

2.       All other sections of this Policy shall apply to these officers when working any law enforcement-related or security-related secondary employment.

3.       General Guidelines Applicable to All Secondary Employment: the Department has a legitimate interest in regulating its officers’ secondary employment.  While the Department will not unreasonably restrict off-duty employment, it will require responsibility and accountability to the Department of officers engaged in secondary employment.

1.       Conformance with all Applicable Federal, State, and Local Laws and Regulations:   officers shall abide by all applicable and relevant federal, state, and/or local laws, rules, and/or regulations pertaining to their secondary employment.  This section includes, but is not limited to:

1.       The Internal Revenue Service and the applicable state revenue service.
2.       Workers’ compensation, federal and state wage and hour requirements.
3.       The Fair Labor Standards Act.
4.       Officers will not receive payment in cash, goods, barter, etc., unless the benefit (s)he receives is properly reported on applicable federal and state tax forms (e.g., officer will not engage in un (properly) documented cash activities).
5.       Officers who work off-duty jobs requiring special licenses, permits, registrations, etc., will acquire these licenses, permits, registrations, etc., and file copies with the Department, before commencing employment (e.g., if an officer works off-duty as a security guard in a jurisdiction that requires civilians to be licensed as security guards, the officer will acquire such a license prior to commencing work).

2.       Conformance to Existing Bargaining Agreements: nothing in this Policy shall supersede or invalidate any Departmental negotiated bargaining agreement(s) which may be in effect.

3.       Good Standing Requirement: approval for secondary employment will generally not be given if an officer is not in good standing with the Department.

4.       Post-Probation Requirement: approval for secondary employment will generally not be given to an officer until after (s)he has successfully completed the Department’s probationary period.

5.       Injury/Sickness-Related Leave Requirement: approval for secondary employment will generally not be given to an officer who is on medical, workers’ compensation, sick, temporary disability, or other similar leave.

6.       Scheduling Conflicts: secondary employment shall not be scheduled in a manner that interferes with, or conflicts with, the officer’s on-duty performance.

7.       On-Duty Call-Out: an officer engaged in secondary employment is subject to call-out in case of emergency (as determined by the Department) and is expected to leave his/her secondary employment in such situations.

8.       Employer Pay Limitations: Except by individual waiver for just reasons, no employee/officer shall be compensated by the Department (law enforcement employer) more than once for the same time period.  An employee shall not submit time documents that will result in being paid twice by the Department (law enforcement employer) (in any way) for the same hours on the Department’s payroll.  This limitation includes the use of vacation, compensatory, sick or other time off, allowed by the Department, of assigned working hours, in order to work during these same hours for other Department-funded program.

9.       Mandatory Approval of Secondary Employment:

1.       Prior Approval Requirement:  Prior to commencing any off-duty employment, including self-employment, officers must submit a written request and obtain written approval, through the chain of command, to the Department Executive.  The request and approval (if given) shall be filed in the officer’s personnel file.

2.       Request Renewal:  An approved request is subject to periodic review, and reconsideration for approval, by the Department Executive.  The off-duty employment request must be renewed prior to January 1^st of each year in which off-duty employment is requested.  Any such renewal request shall not be submitted prior to December 1^st (31 days before the due date).

3.       Employment Modification Request:  Officers shall communicate in writing any changes in their secondary employment that would invalidate, or substantially alter, the secondary employment approval request currently on file with the Department.  The change notice must be forwarded, through the chain of command, to the Department Executive within seven (7) calendar days of the change.

4.       Revocation: The Department Executive may revoke permission for any secondary employment if the officer fails to perform adequately on duty or receives disciplinary action in any way related to the secondary employment.

5.       Application: The officer’s request for secondary employment approval shall be on the Application for Secondary Employment Request Form.  The form shall include the following information:

(1)     the secondary employer’s name, address, phone number, and type of business;

(2)     completed in full with accurate, unambiguous, and sufficient detail;

(3)     include a reasonably complete narrative of the work to be performed;

(4)     include the number of anticipated hours of work;

(5)     include a routine schedule;

(6)     include the name, numbers, and expiration dates of any required licenses; and

(7)     include a list of any law enforcement-type equipment the officer must use on the job.

10.   Revocation or Denial of Off-Duty Employment Request: Supervisors are responsible for monitoring work performance of their personnel. If an employee is found to be performing below acceptable standards, the supervisor shall not authorize any off-duty employment request and may rescind or limit any off-duty employment requests previously authorized. The following may also be grounds for denying or revoking permission to work in an off-duty capacity:

1.       Performance of outside employment while on duty.

2.       Work which interferes or conflicts with police duties or availability for Department emergency duty.

3.       Work affecting the officer’s ability to perform Department duties efficiently.

4.       When excessive sick days or other evidence indicates off-duty employment impairs the officer’s ability to perform assigned duties.

5.       When working off-duty while on sick leave.

6.       Work which requires an officer to work in uniform when the officer is not able to work in uniform for the Department.

11.   Conflicts of Interest: secondary employment which involves a conflict of interest with the Department will normally not be approved.  Employment that would involve a conflict of interest includes, but is not limited to, secondary employment where:

1.       The officer’s actual, perceived, or symbolic authority may be used improperly to serve the secondary employer, such as:

(1)     repossession;

(2)     employment in which law enforcement authority might tend to be used to collect money, merchandise, and/or other property for private purposes;

(3)     any employment in which the officer may use his/her access to law enforcement information, files, records, services, etc.; and

(4)     where the officer investigates and/or prepares the defense in any criminal or civil action or proceeding.

2.       The officer’s sworn authority would confer a special advantage to a private interest at the expense of the public interest.

3.       Inherent problems are foreseeable because the secondary employment involves a closely-regulated (licensed) industry; examples would include employment where:

(1)     alcoholic beverages are sold and/or consumed;

(2)     guns, lottery tickets, and the like are sold, traded, and/or bartered; and

(3)     any gambling enterprise.

4.       It is important to reasonably protect the Department’s image and avoid discredit and/or disrespect to the Department (examples include: where pornographic or sexually-oriented materials, entertainment, and/or services are sold, observed, or generally engaged in); and

5.       The officer may obtain some additional benefit because of his/her status as an officer, such as:

(1)     secondary employment connected with the towing or storage of vehicles where such firm is contracted by the Department for such services, or where the officer is in a position to solicit or recommend business to the towing or storage company;

(2)     bill collector,

(3)     bodyguard;

(4)     private investigator;

(5)     private process server; or

(6)     taxi cab driver.

12.   Working Hours: the Department has a legitimate interest in regulating secondary employment to avoid a detrimental decrease in job performance resulting from the officer’s secondary employment.  While the Department Executive shall exercise approval judgment on a case-by-case basis, the following shall be considered general guidelines for approval (for the purposes of computing allowable work time, court appearances constitute on-duty time):

1.       Secondary employment shall not exceed twelve (12) hours per day, including on-duty time (e.g., an officer working an eight (8) hour tour may work four (4) hours of off-duty employment the same day) or

2.       Secondary employment shall not exceed twenty four (24) hours, or a total of sixty-four (64) hours in combination with on-duty hours in each calendar week.

3.       These requirements are somewhat flexible and restrictions based upon this section shall take into account an officer’s on-duty schedule in relation to his off-duty work request.  The purpose of this section is to avoid a situation where an on-duty officer is overly fatigued or stressed because the officer has worked too many off-duty hours in close proximity to reporting for on-duty shifts.  The purpose of this section is not to unreasonably scrutinize the officer’s time.

13.   Secondary Employment Solicitation Restrictions:

1.       No officer shall solicit any person, business, or other entity for secondary employment while in an on-duty status;

2.       No officer shall serve as an employment agent and/or receive compensation for procurement of secondary employment for other officers without prior written Department approval.

14.   Department Liability: (Parts of this section may be overridden by applicable state law and/or collective bargaining agreements.)  (This section does not apply to Law-Enforcement-Related Secondary Employment (Department Contract Model) as outlined below.)  In accepting secondary employment, the officer fully understands and agrees to the below-listed terms and conditions.  The officer also agrees that (s)he shall not file any claim of any kind or nature with the Department.  Further, if the officer, anyone at the officer’s direction, or on the officer’s behalf, or any third party or entity, does file a claim, the officer agrees to defend and fully indemnify the Department for any costs, losses, reasonable attorney fees, and/or expenditures incurred by the Department.  The officer understands that it is his/her sole responsibility to negotiate with the officer’s secondary employer for the protection of liability insurance, health insurance, workers’ compensation, pension/retirement coverage, and the like. [The following as within the parameters of applicable federal and state law.]

1.       The Department shall not be responsible for medical expenses, losses, and/or costs incurred from injuries sustained while the officer is working in any secondary employment.

2.       The Department shall not be responsible for workers’ compensation expenses, losses, and/or costs incurred from injuries sustained while the officer is working in any secondary employment.

3.       The Department shall not be responsible for any expenses, losses, and/or costs associated with injury leave incurred from injuries sustained while the officer is working in any secondary employment.

4.       The Department shall not be responsible for any retirement, pension, or other type of expenses, losses, and/or costs incurred from injuries sustained while the officer is working in any secondary employment.

5.       The Department shall not be responsible for any third party liability incurred or created while an officer is working in any secondary employment.

6.       The Department shall not be responsible for any expenses, losses, and/or costs incurred for defense of any criminal prosecution against the officer as a result of any secondary employment.

4.       Procedures for Special Circumstances:

1.       Non-Law Enforcement-Related Secondary Employment: see General Guidelines Applicable to All Secondary Employment.

2.       Security-Related Secondary Employment:

1.       Regardless of whether the security-related secondary employment is located within the Department’s jurisdiction or not, such employment is not a function of the law enforcement powers vested in officers by virtue of their oath of office with this Department.  The officer will have no more authority than a civilian while working security-related secondary employment.

2.       The officer’s law enforcement uniform, equipment, radios, vehicles, etc., shall not be used while working security-related employment.

3.       Law Enforcement-Related Secondary Employment (Department Contract Model):

1.       Law enforcement-related secondary employment includes, but is not limited to:

(1)     traffic control and pedestrian safety,

(2)     crowd control,

(3)     security and protection of persons and property

(4)     routine law enforcement for public authorities, and

(5)     plainclothes assignments.

2.       Law enforcement-related secondary employment will only be allowed through this Department.  When a request for law enforcement-related off-duty employment is received, that request must be channeled through the chain of command to the Department Executive.

3.       The contract fee for officers employed in a law enforcement-related off-duty capacity will be established by the Department based on the reasonable cost of providing the services, and the anticipated benefits to the community and the department.

4.       Law enforcement-related off-duty employment is restricted to the geographical limits of the Department’s jurisdiction.  Officers may not perform law enforcement duties beyond their jurisdiction except as allowed by written applicable mutual aid agreements with this Department, or otherwise allowed by law.

5.       While engaging in law enforcement-related off-duty employment, the officer’s uniform (to include firearms, handcuffs, baton, chemical aerosol, etc.) is to be worn.  Also, if available, the officer shall have a radio, vehicle, and other necessary equipment.

6.       Officers, while engaged in law enforcement-related employment, shall be subject to the orders of the on-duty watch commander.

7.       Officers working law enforcement-related off-duty employment shall notify dispatch of their tour-of-duty status just as though they would while on-duty.

8.       When sufficient numbers of officers volunteer for the assignments, the Department Executive may make such assignment as required.

9.       While performing law-enforcement-related off-duty employment the officer must follow the Department’s policies, rules, regulations, procedures, and standards, in addition to any others that may be imposed by the secondary employer.  Where there is a conflict, the Department’s rules will supersede.

5.       Due Process– Appeals Process: Should the Department take a position contrary to the requesting employee, the requesting employee may appeal the Department’s decision under the procedure herein.

1.       First Level of Appeal - the Department Executive:

1.       The requesting employee may (within thirty (30) calendar days of the employee receiving written notification of the request denial) request, in writing, to meet with the Department Executive and state his/her case for reconsideration.

2.       The Department Executive, or his/her designee, shall meet with the requesting employee within five (5) business days of receiving the employee’s written request.  The Department Executive shall treat this appeal as a de novo request, and shall be free to consider all relevant factors brought forth by the employee or any other interested party.

3.       After meeting with the employee, the Department Executive shall, within five (5) business days) issue a written statement to the employee.  The statement shall clearly delineate the Department’s decision and reasons supporting the decision.

2.       Second Level of Appeal - Department Personnel Manager:

1.       In the event that the employee’s appeal request is denied by the Department Executive, the requesting employee may (within ten (10) business days of the employee receiving written notification of the request appeal denial) request, in writing, to meet with the Department Personnel Manager and state his/her case for reconsideration.

2.       The Department Personnel Manager, or his/her designee, shall meet with the requesting employee within five (5) business days of receiving the employee’s written request.  The Department Personnel Manager shall review the employee’s request, the Department Executive’s denial, and any other relevant information.  The Department Personnel Manager shall only overrule the Department Executive if the Department Personnel Manager finds that the Department’s denial of the employee’s request was unreasonable.

3.       After meeting with the employee, the Department Personnel Manager shall, within five (5) business days) issue a written statement to the employee.  The statement shall clearly delineate the Department’s decision and reasons supporting the decision.

Application for Secondary Employment Request Form

Request Type: ¨ New Request  ¨ Unmodified Renewal Request ¨ Request Due to Job Modification
If this is a New Request - Anticipated Off-Duty Job Starting Date:                                                       
¨ This employment is ongoing – Or, anticipated employment completion date                                       
¨ Yes  ¨ No   Is it reasonably foreseeable that this employment will involve your sworn status?
            hours/week – Anticipated number of work hours per week for the off-duty employment

Date of This Request:                                              

Name of Employee/Officer:                                                                  

Present Assignment:                                                                  

Prospective Off-Duty Employer:                                                                                                          

Address:                                                                                                                                              

Business Telephone:                                                                                                                             

Prospective Immediate Supervisor:                                                                                                      

Nature of work to be performed (general and specific)

I hereby state, that if this employment will forseeably involve my sworn status, law enforcement skills or expertise, then:

6.       I fully understand that pursuant to the Department policies, I will not be granted injury leave with pay if I become injured while on this off-duty employment.  I shall advise my off-duty employer of this policy and his potential responsibility if I am injured.

7.       I fully understand that if my off-duty employment is situated outside of the primary jurisdiction of my law enforcement employer that I will not represent myself as a law enforcement officer during the performance of these duties while outside my primary jurisdiction.

8.       I accept the condition that I am not to use any of my law enforcement employer’s equipment or utilize the facilities of the Department’s records in connection with my off-duty employment, without specific prior written approval.

9.       I hereby acknowledge that I am not to be employed by any special law enforcement agency or consulting agency that provides law enforcement services, without specific prior written approval.

I (the requesting Officer) hereby request permission to participate in the above-described secondary employment opportunities.  I hereby certify that, pursuant to all applicable policies of this Department, I am eligible to participate in off-duty employment.  I understand that working secondary jobs is a privilege, not a right of employment, and my immediate supervisor and the Department have the authority to reasonably prohibit outside employment under policy.

Date:                                        Employee Signature:                                                                             

Approval:
Immediate Supervisor:    Date             Approved _____ Disapproved_____                                       
Chief Executive:       Date             Approved _____ Disapproved_____