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HomeMy WebLinkAbout0043 - OFF DUTY OR SECONDARY EMPLOYMENTRed Wing Police Department Policy SUBJECT: POLICY NUMBER • SECONDARY EMPLOYMENT 43 EFFECTIVE DATE November 28, 2008 REFERENCE(S): APPROVED BY: CHIEF ROGER D. POHLMAN PURPOSE: The purpose of this policy is to set forth guidelines to govern secondary employment by members of the Red Wing Police Department. POLICY: Red Wing Police Department employees may engage in extra -duty and regular off-duty employment, or hold an outside business, if this relationship does not interfere in any way with the employee's regular assignment. The policy of this department is to provide guidelines to Red Wing Police Department employees to inform them of the types of secondary employment which are authorized; and to establish procedures to maintain accountability for the welfare of the department. These requirements are essential for the efficient operation of the Red Wing Police Department and for the protection of the community. 1. DEFINITIONS A. EMPLOYMENT: The provision of a service, whether or not in exchange for a fee or other consideration. Employment does not include volunteer charity work. B. EXTRA -DUTY EMPLOYMENT: Any employment that is conditioned on the actual or potential use of law enforcement powers by the police officer employee, including volunteer charity work. C. REGULAR OFF-DUTY EMPLOYMENT: Any employment that will not require the use, or potential use, of law enforcement powers by the off-duty employee. D. EXTRA -DUTY AND REGULAR OFF-DUTY EMPLOYMENT WAIVER: To ensure departmental regulations are followed, every Red Wing Police Department employee working extra -duty or regular off-duty employment together defined as "secondary employment" shall provide the Department with a signed waiver that will allow the department to verify her/his off-duty status, dates and number of hours worked with the private employer upon request. This waiver will be used for police department secondary Page 1 of 6 SECONDARY EMPLOYMENT employment inspection purposes only. Those employees who refuse to provide the department with a signed waiver when requested will have his or her secondary employment privileges suspended or denied. Employees shall submit his or her request to work secondary employment on a departmental form titled, "RED WING POLICE DEPARTMENT OUTSIDE EMPLOYMENT". This form shall be submitted to the employee's immediate supervisor for consideration and review. The employee's immediate supervisor shall make comments on the form as necessary and submit the form to the Captain. The Captain shall review this form and give a recommendation to the Chief of Police. The employee shall be notified in writing of the decision that is made. Any appeal to the decision made shall be made to the employee's immediate supervisor who in turn shall consult with the Captain. If the nature, dates, or quantity of hours for a previously authorized secondary employment position materially change, the employee shall submit a new employment request. Furthermore, the employee shall not consent to or engage in that new secondary employment until the new request has been authorized. 2. PROCEDURES: There are two types of secondary employment in which an employee may engage: A. Employees may engage in regular off-duty employment that is -approved by the Chief of Police or their designee and 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. The regular off-duty employment must not present a potential conflict of interest between the employee's duties as a police officer and the employee's duties for their secondary employer. The following are examples that may represent a conflict of interest: a. As a process server, repossessor, or bill collector, towing of vehicles, or in any other employment in which police authority might tend to be used to collect money or merchandise for private purposes. b. Personnel investigations for the private sector or any employment which might require the police officer to have access to police information, files, records or services as a condition of employment. Page 2 of 6 SECONDARY EMPLOYMENT C. Appearing in uniform during the performance of tasks other than that of a police nature. d. Assisting, in any manner, in the case preparation for the defense in any criminal or civil action or proceeding. Conducting activities for a business or labor group that is on strike. e. Working in occupations that are regulated by, or that must be licensed through the police department. Examples of employment presenting a threat to the status or dignity of the police profession are: f. Establishments which sell pornographic books, magazines, sexual devices, or videos, or that otherwise provide entertainment or services of a sexual nature as prohibited by law. g. Any gambling establishment not exempted by law. h. Licensed liquor establishments, on -sale, or the entire property to which an on -sale license has been issued, except in cases of events held in public facilities for which special licenses have been issued. i. An establishment where a labor dispute is occurring. These lists are not intended to be exhaustive, and each case is subject to a case by case determination by the Chief of Police or their designee. 3. EXTRA -DUTY EMPLOYMENT: A. The Chief of Police or their designee must specifically approve employment as a police officer or other law enforcement officer for any other law enforcement agency. Employees working for any law enforcement agency, other than the Red Wing Police Department, shall not use the uniform or any equipment issued or owned by the City of Red Wing. Any violation of policy may subject the employee to discipline including termination. B. Types of extra -duty services which may be considered for approval are: 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. Plain clothes assignments Page 3 of 6 SECONDARY EMPLOYMENT 4 REQUIREMENTS AND LIMITATIONS: Secondary employment shall not interfere with the ability of an officer to respond to an emergency call -out to regular duty, nor should secondary employment interfere in any way with the proper performance of an officer while on -duty. If at any time an employee's secondary employment is determined by the Chief of Police or their designee to interfere with the employee's ability to perform his or her regular duties, the secondary employment will be revoked. Those officers that are on suspension or administrative leave from the Red Wing Police Department shall not work extra -duty employment If an employee chooses to engage in secondary employment, the employee agrees to inform the Red Wing Police Department of any disciplinary action or investigative action taken against the employee by the secondary employer. Failure to report such action may subject the employee to discipline. Prior to beginning any secondary employment, the employee must sign a waiver allowing the Red Wing Police Department access to any and all records relating to alleged incidents of misconduct. Furthermore, the employee agrees and understands that the secondary employment misconduct may subject the employee to discipline by the Red Wing Police Department. Any disciplinary action by the Red Wing Police Department against the employee will be subject to the same procedures and policies as if the alleged misconduct occurred while working for the Red Wing Police Department. A. Requirements and limitations on regular off-duty and extra -duty employment are as follows: 1. Any member wishing to engage in secondary employment will submit the proper departmental form to their immediate supervisor and receive permission from the Chief of Police or their designee to engage in secondary employment before starting such employment 2. In order to be eligible for extra -duty employment, a police employee must be in good standing with the department. Disciplinary actions will be taken into consideration when determining standing. The Chief of Police will have authority and control over secondary employment. Continued departmental approval of a police employee's extra -duty employment is contingent on such good standing. 3. 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 extra - duty employment. 4. A police officer may work a maximum of 20 hours of secondary employment, or a total of 60 hours in combination with regular duty in Page 4 of 6 SECONDARY EMPLOYMENT each calendar week. (The total hours does not include overtime and court hours, but shall not exceed a maximum of 65 hours total). 5. Work hours for secondary employment must be scheduled in a manner that does not conflict or interfere with the police employee's performance of duty. 6. Those officers that are on suspension or administrative leave from the Red Wing Police Department shall not work extra -duty employment 7. Permission for a Red Wing Police Department employee to (reduce size of space) engage in secondary employment may be revoked where it is determined that such employment is not in the best interest of the Department. 5. LIABILITY: The City of Red Wing is not responsible or liable for any misconduct or injury by a Red Wing Police Department employee while the employee is engaged in secondary employment. Any injury sustained or caused by the employee while engaged in secondary employment will be the sole responsibility of the employee, or the employee's secondary employer. By accepting secondary employment, the employee expressly waives any right to damages, indemnification or other benefits from the City of Red Wing for which the employee may otherwise have been eligible if the incident occurred while working in the capacity of a Red Wing Police Department employee. If this provision in any manner conflicts with the collective bargaining agreement, the terms of the collective bargaining agreement apply. Page 5 of 6 SECONDARY EMPLOYMENT RED WING POLICE DEPARTMENT OUTSIDE EMPLOYMENT (REQUEST AND WAIVER FORM) EMPLOYEE MAKING REQUEST: TYPE OF EMPLOYMENT EMPLOYER/BUSINESS: ADDRESS: SUPERVISOR: START DATE: DATE: _REGULAR OFF-DUTY EXTRA -DUTY (non -law enforcement) (law enforcement) END DATE: PHONE: PHONE: HOURS PER WEEK: WAIVER: `I UNDERSTAND THAT THE POLICE DEPARTMENT MAY VERIFY WITH THE ABOVE MENTIONED EMPLOYER WORK STATUS AS WELL AS DATES AND NUMBER OF HOURS WORKED UPON REQUEST. " EMPLOYEE SIGNATURE: SUPERVISOR RECEIVING REQUEST: DATE REQUEST RECEIVED: SUPERVISOR COMMENTS: SUPERVISOR SIGNATURE: DATE RECEIVED BY CAPTAIN: CAPTAIN COMMENTS AND RECOMMENDATION: CAPTAIN SIGNATURE: DATE RECEIVED BY CHIEF: APPROVED DENIED COMMENTS: CHIEF SIGNATURE: DATE: REQUESTING OFFICER NOTIFIED: PERSON PHONE E-MAIL DATE NOTIFIED: Page 6 of 6 SECONDARY EMPLOYMENT