Model Policy Effective Date Revised: October 1, 1996 Number Subject Secondary Employment Reference Special Instructions Distribution Reevaluation Date October 1, 1997 No. Pages I. PURPOSE The purpose of this policy is to set forth guidelines to govern secondary employment by members of this law enforcement agency. II. POLICY The policy of this agency is to provide guidelines to law enforcement employees to inform them of the types of secondary employment that are appropriate, and to establish procedures to maintain accountability for the welfare of the agency. These requirements are essential for the efficient operation of the agency and for the protection of officers, the agency, and the community. III. DEFINITIONS Employment: The provision of a service, whether or not in exchange for a fee or other service. Employment does not include volunteer work for charitable organizations. Extra-Duty Employment: Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee. Regular Off-Duty Employment: Any employment that will not require the use or potential use of law enforcement powers by the off-duty employee. IV. PROCEDURES There are two types of off-duty employment in which an employee may engage: A. Regular Off-Duty Employment Employees may engage in regular off-duty employment that meets the following criteria: 1. Employment of a non-police nature in which vested police powers are not a condition of employment; the work provides no real or implied law enforcement service to the employer and is not performed during assigned hours of duty. 2. Employment that presents no potential conflict of interest between duties as a law enforcement officer and duties for the secondary employer. Some examples of employment representing a conflict of interest include, but are not limited to, the following: a. Officers who work as a process server, repossessor, or bill collector; towing of vehicles; or any other employment in which police authority might be used to collect money or merchandise for private purposes. b. Work involving personnel investigations for the private sector or any employment that might require the police officer to have access to police information, files, records, or services as a condition of employment. c. Employment using the police uniform in the performance of tasks other than those of a police nature. d. Employment that assists (in any manner) the case preparation for the defense in any criminal action or for either side in any civil action or proceeding. e. Officers who work for a business or labor group that is on strike. f. Officers who work in occupations that are regulated by, or that must be licensed through, the police agency or its civilian board. 3. Employment that does not constitute a threat to the status or dignity of law enforcement as a professional occupation. Examples of such employment include the following: a. Establishments that sell pornographic books or magazines, sexual devices or videos, or that otherwise provide entertainment or services of a sexual nature. b. Any employment involving the sale, manufacture, or transport of alcoholic beverages as the principal business. c. Any gambling establishment. B. Extra-Duty Employment Police officers may engage in extra-duty employment as follows: 1. Where a government, profit-making, or not-for-profit entity has a contract agreement with the police agency for police officers in uniform who are able to exercise their police duties. 2. Types of extra-duty services that may be considered for contracting are as follows: a. Traffic control and pedestrian safety b. Crowd control c. Security and protection of life and property d. Routine law enforcement for public authorities e. Plainclothes assignments C. Limitations on regular off-duty employment and extra-duty employment are as follows: 1. In order to be eligible for off-duty employment, a police employee must be in good standing with the agency. Continued agency approval of a police employee=s off-duty employment is contingent on such good standing. 2. Those officers who have not completed their probationary period or who are on medical or other leave due to sickness, temporary disability, or an on-duty injury shall not be eligible to engage in regular or extra-duty employment. 3. Prior to obtaining off-duty employment, a police employee shall comply with agency procedures for granting approval of such employment or registration for extra-duty employment. 4. A police officer may work a maximum of 24 hours of off-duty-regular or extra-duty employment, or a total of 64 hours in combination with regular duty in each calendar week. 5. Work hours for all off-duty employment must be scheduled in a manner that does not conflict or interfere with the police employee=s performance of duty. 6. A police officer engaged in any off-duty employment is subject to call-out in case of emergency, and may be expected to leave his off-duty or extra-duty employment in such situations. 7. Permission for a police employee to engage in outside employment may be revoked where it is determined pursuant to agency procedure that such outside employment is not in the best interests of the agency. This project was supported by Grant No. 93-DD-CX-K009 awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. The Assistant Attorney General, Office of Justice Programs, coordinates the activities of the following program offices and bureaus: the Bureau of Justice Assistance, the Bureau of Justice Statistics, National Institute of Justice, Office of Juvenile Justice and Delinquency Prevention, and the Office of Victims of Crime. Points of view or opinions in this document are those of the author and do not represent the official position or policies of the United States Department of Justice or the International Association of Chiefs of Police. Every effort has been made by the IACP National Law Enforcement Policy Center staff and advisory board to ensure that this model policy incorporates the most current information and contemporary professional judgment on this issue. However, law enforcement administrators should be cautioned that no Amodel@ policy can meet all the needs of any given law enforcement agency. Each law enforcement agency operates in a unique environment of federal court rulings, state laws, local ordinances, regulations, judicial and administrative decisions and collective bargaining agreements that must be considered. In addition, the formulation of specific agency policies must take into account local political and community perspectives and customs, prerogatives and demands; often divergent law enforcement strategies and philosophies; and the impact of varied agency resource capabilities, among other factors.