Police Policy on Secondary Employment

415 Secondary Employment

  1. The purpose of this policy is to set forth guidelines to govern secondary employment by members of this Department.
  2. The policy of this Department is to provide guidelines for 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 Department. These requirements are essential for the efficient operation of the Department and for the protection of officers, the agency, and the community.
  3. Definitions
    1. Employment: Providing a service, whether or not in exchange for a fee or other service. Employment does not include volunteer work for charitable organizations.
    2. Extra-Duty Employment: Any employment that is conditioned on the actual or potential use of law enforcement powers by the employee.
    3. Regular Off-Duty Employment: Any employment that will not require the use or potential use of law enforcement powers by the off-duty employee.
  4. Procedures
    1. 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 an officer and duties for the secondary employer. Some examples of employment representing a conflict of interest include, but are not limited to the following:
        1. Work as a process server, vehicle repossessor, bill collector; towing of vehicles; or any other employment in which police authority might be used to collect money or merchandise for private purposes.
        2. 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.
        3. Employment using the police uniform in the performance of tasks other than those of a police nature.
        4. 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.
        5. Working for a business or labor group that is on strike.
        6. Employment 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 employment that constitute such a threat and should be denied include, but are not limited to:
        1. Establishments that sell pornographic books or magazines, sexual devices or videos, or that otherwise provide entertainment or services of a sexual nature.
        2. Any employment involving the sale and on site consumption, manufacture, or transportation of alcoholic beverages as a principal business.
    2. Extra-Duty Employment
      Police officer 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:
        1. Traffic control and pedestrian safety
        2. Crowd control
        3. Security and protection of life and property
        4. Routine law enforcement for public authorities
    3. Limitations on regular off-duty employment and extra-duty employment are as follows:
      1. In order to be eligible for off-duty employment, the requesting employee must be in good standing with the Department. Continued Department approval of an employee’s off-duty employment is contingent on such good standing.
      2. Those employees 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, an employee shall comply with Department procedures for gaining approval of such employment or registration for extra duty employment.
      4. An 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 employee’s performance of his or her duty with Murray City Police Department.
      6. An officer engaged in any off-duty employment is subject to call out in case of emergency, and may be expected to leave his or her off-duty or extra duty employment in such situations.
      7. Permission to engage in off-duty employment may be revoked where it is determined pursuant to Department procedure that such off-duty employment is not in the best interests of the Department.
    4. Use of City Vehicles
      1. Permission for an employee to use a city vehicle while engaged in regular off-duty employment or extra-duty employment must be applied for and approved by the Chief of Police. This includes employment within city boundaries and other jurisdictions.
    5. Application for Outside Employment
      1. All members of the Department must apply yearly to the Chief of Police for written approval to accept off-duty employment.
    6. Financial Responsibility
      1. The business or entity employing a City police officer for off-duty work shall comply with state and federal income reporting and withholding requirements regarding the off-duty officer’s wages.
      2. When a city police officer exercises law-enforcement authority in performing off-duty work, the city police officer and the actions taken by the officer are subject to the Utah Governmental Immunity Act and the City’s retained risk.