(A) Policy statement. Employees with law enforcement powers, including officers, special officers and reserve officers, are permitted to engage in off-duty or outside employment, including employment during which they may be called upon to exercise law enforcement authority and powers, unless that employment conflicts or interferes with the operation of the Police Department, and subject to limitations that will promote the efficiency of the Department and protect the officer, the Chief, the town and community.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CIVILIAN EMPLOYMENT.
Employment during which the officer is not reasonably expected to use or threaten the use of law enforcement powers or physical force. Examples would include landscaping, construction trades, or sales.
If there is any question or ambiguity, the employment shall be treated as “law enforcement employment”.
LAW ENFORCEMENT EMPLOYMENT.
Employment during which it is reasonably expected that the officer will use or threaten the use of law enforcement powers or skills, or physical force to restrain or control persons. Examples would include providing security or traffic control at a retail business, party, function or school event; or patrolling private property.
OFF-DUTY OR OUTSIDE EMPLOYMENT.
Provision of any labor or services for compensation or non-monetary consideration; or provision on a volunteer or unpaid basis of services that would be “law enforcement employment” as defined above.
OFFICER
or
OFFICERS.
Officers of the Police Department with law enforcement powers, including the Town Marshal, deputy town marshals, marshals with departmental rank, probationary officers, reserve officers, and part-time officers.
(C) Policies.
(1) General limitations on all outside employment.
(a) Officers may engage in outside employment, except for the following:
1. Employment that interferes with the officer’s ability to fully perform the officer’s regular duties, including employment that:
a. Extends the officer’s waking hours so that the officer is not fully rested when working.
b. Interferes with the officer’s regular working hours, or requires special consideration in scheduling the officer’s regular working hours.
c. Renders the officer unavailable to be summoned for response during times other than the officer’s regular working hours.
2. Employment that presents a conflict with the deputy’s regular duties, including employment that:
a. Requires the officer to have access to police information, files, records, databases or services as a condition of employment.
b. Uses the police uniform in the performance of tasks other than those of a police nature.
3. Puts the officer in conflict, or gives the appearance of a conflict, with the mission of the Department, judicial system or town, such as:
a. A bail bond agency.
b. An establishment or function at which illegal activity is not actively forbidden or prohibited (for example: underage drinking, nude dancing, prostitution, use of illegal drugs, or illegal gambling).
c. A private detective or investigative agency.
d. 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.
e. Employment that assists the case preparation for the defense of a criminal action, or for either side in a civil action or administrative proceeding.
f. Employment by either management or an employee organization during a labor dispute or strike.
4. Potentially brings the Department into disrepute, such as establishments that sell or provide pornographic materials, sexual devices, or that otherwise provide entertainment or services of a sexual nature.
5. Employment while the deputy is on leave for medical, disability or worker’s compensation.
(b) Officers must comport themselves in accordance with Departmental rules at all times.
1. Sworn employees wearing the Department’s uniform or badge, or otherwise presenting themselves as a member of the Department, are subject to all rules and regulations of the Department.
2. All officers are subject to inspection for compliance at all times.
3. Officers performing law enforcement employment shall not consume alcoholic beverages while so employed.
(c) The officer shall never be in a situation where the officer is being compensated by both the town and a private employer for the same time period or portion thereof.
(d) The town will not be liable for medical expenses, injuries, worker’s compensation expenses or losses, costs or civil liability arising from the officer’s off-duty employment.
(2) Procedures.
(a) All outside employment of deputies must be approved in writing and in advance, using a request for approval of outside employment form. For employment that began before adoption of this policy, a request must be submitted within 5 business days after adoption.
(b) For both law enforcement and civilian employment, the request must include:
1. Name, address and phone number of employer;
2. Primary contact person and phone number;
3. Nature of employment;
4. Hours of employment;
5. Method to contact officer for emergency response.
(c) For law enforcement employment only, the request must be accompanied by an agreement to defend, indemnity and hold harmless, signed by the employer, using the form provided by the Chief.
(d) The Chief or Assistant Chief shall act promptly on the request, in most cases within 5 business days of its submission, by approval, approval with additional conditions, or disapproval, and shall state the reasons. The Chief or Assistant Chief may ask for additional information or clarification of the employment before approval.
(e) The Chief or Assistant Chief may place reasonable conditions on the approval (for example: work hours, distance out of county).
(f) Approval can be withdrawn or amended at any time.
(g) The officer shall submit a revised request for approval if any of the information on the original request changes or is learned to have been inaccurate or incomplete. The revised request must be submitted within 5 business days of learning of revised information.
(Res. 2012-11, passed 8-20-2012)