Off-Duty Employment Policy

Off-Duty Employment Policy

I. INTRODUCTION

The nature of law enforcement requires Department employees to work irregular duty schedules which are subject to change in meeting deployment needs. Additionally, it is necessary that an employee have adequate rest to be alert during his/her tour of duty. For these reasons, and because certain occupations inherently conflict with an employee’s primary responsibility to the Department, the Department may impose conditions on outside employment or may prohibit it altogether. Determination of the degree of limitation will be based upon the interest of the Department in furthering professionalism, protecting the reputation of the employee and the Department, and ensuring that the Department receives full and faithful service in return for employment.

II. PURPOSE
The Department allows officers and other employees to engage in outside employment so long as such outside employment does not interfere in any way with the performance of their duties and responsibilities. In addition, the outside employment shall not involve employees in any conflict of interest between employment with the Department and outside employment. It is the purpose of this procedure to set forth guidelines, conditions and restrictions relating to outside
employment.

III. DEFINITIONS

Outside Employment
This is the participation in any other calling or engaging in any other business for compensation or payment, either directly or indirectly, from any person, firm, company or corporation,
including self-employment other than the Cedar City Police Department which will not require the use or potential use of law enforcement powers by employees of this Department.
Special Off-Duty Employment is any off-duty work which is an extension to police service for officers who are able to exercise their police duties, performed for compensation from an outside employer, other than the Police Department. The officer receives pay for the service from the Police Department, according to the Department Overtime Procedure (Chapter 3 SOP 3-4). The Department is reimbursed by a contract agreement with the requesting employer at a fee determined by the Police Department to cover the overtime costs of the officer, use of police equipment, and liability and worker’s compensation coverage. Police Employment is secondary employment requiring the use of police authority by another law enforcement agency other than the Cedar City Police Department in which that agency hires and indemnifies the officer as a part time employee with them. The employing agency will also notify Police Officers Standards and Training (POST) they have hired the officer on a part time basis for
certification.

IV. RULES AND REGULATIONS

1. Applications

An outside employment application form must be submitted for outside and police employment. All requests for outside and police employment must be approved by the Chief of Police. The Chief of Police retains the authority to approve or disapprove all applications for outside and police employment.

2. Supervision

Any employee engaged in outside employment, police employment and/or special outside employment shall conduct him/herself in an appropriate manner. Any inappropriate conduct during this secondary employment that negatively reflects or impacts the Department, may result in departmental disciplinary action as well as termination of the approved outside employment.

3. Accountability

All outside employment is subject to investigation. If it is determined that the outside employment is not appropriate, the Chief of Police will be notified. The Chief of Police reserves the right to require any employee to discontinue any outside employment.

4. Limitations on Outside, Special Off-Duty and Police Employment
a. In order to be eligible for outside and off-duty employment, a police employee must be in good standing with the Department. Continued Department approval of a police employee’s outside and off-duty employment is contingent on such good standing.
b. Those officers who are on medical or other leave because of sickness,  temporary disability, or an on-duty injury shall not be eligible to engage in special off duty or police employment. They may engage in outside employment.
c. A police officer may work a maximum of 24 hours of outside or off-duty employment, or a total of 64 hours in combination with regular duty in each calendar week.
d. Work hours for all outside and off-duty employment must be scheduled in a manner that does not conflict or interfere with the police employee’s performance of duty.
e. 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 employment in such situations.

V. PROCEDURES

A. Outside Employment

Employees may engage in outside 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.
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:
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. Special Off-Duty Employment

Police Officers may engage in special off-duty employment as follows
1. Where a government, profit-making, or not-for-profit entity has a contract with the police department for 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 for sporting events, high school activities, concerts and other approved events and venues.
c. Security and protection of life and property.
d. Routine law enforcement for public authorities. 
e. Plainclothes assignments.

C. Police Employment

Police Officers may engage in police employment as follows
1. With another law enforcement agency, approved by the Chief of Police as follows:
a. The law enforcement agency has agreed to furnish all the equipment and supplies necessary to provide for safe and effective policing.
b. The law enforcement agency has provided proof of certifying the Cedar City Police Officer as a part-time officer for their agency.
c. The officer agrees to abide by our standards, policies and procedures as applicable while employed by the outside hiring agency. If there are conflicting standards, policies and/or
procedures between the agencies, the officer will bring these to the immediate attention of the Chief of Police for resolution.
d. The officer accepts that misconduct at the outside agency may also impact employment and/or result in disciplinary action with the Cedar City Police Department.
e. The outside agency agrees to provide workers compensation and liability insurance for the officer, and agrees, in writing, to hold Cedar City harmless for acts of the officer while he/she is in the outside agencies employ.