A. Purpose: It is the purpose of this Section to:
1. Define secondary employment.
2. Delineate Department policy relating to secondary employment.
3. Outline procedures to be followed by members when requesting approval to engage in secondary employment.
4. Enumerate general restrictions pertaining to secondary employment.
5. Provide information regarding expiration or cancellation of a member's permit to engage in secondary employment.
6. Prescribe responsibilities of members and supervisory officers relating to secondary employment. (1970 Code §3-3.1)
B. Definition: "Secondary employment" shall mean the performance of any service which results in, or is anticipated to result in, payment of money or goods; or participation and/or exercise of control in any enterprise, public or private, which results in, or is anticipated to result in, profits of money, goods or services. Financial investments in an enterprise which do not entail the performance of service are excluded from this definition. (1970 Code §3-3.2)
C. Policy: Officers who wish to engage in secondary employment or business enterprise will recognize that their primary professional responsibility is to the Police Department. Officers are subject to call at any time for special assignments or emergencies; and are responsible for the thorough, efficient performance of their official duties. Neither secondary employment nor business enterprise will be permitted to infringe on these professional obligations.
1. Personnel performing services for a secondary employer shall provide this Department with a letter from said employer stating:
a. Secondary employer is liable for workmen's compensation benefits while such employee is working for said employer.
b. Secondary employer provides indemnity for said employee against damage suits, or other legal expenses incurred as a result of duties.
c. The Police Department has first option on services of said employee.
2. A member of the Department will not exercise the authority of a Countryside police officer as a function of secondary employment in a security capacity without the express written permission of the Chief of Police and the Board of Fire and Police Commissioners. Employment must be within the City limits.
3. Members performing priority functions shall not wear any part of a Countryside police uniform, badge or insignia while performing said duties.
4. Permission will be granted for secondary employment that does not exceed twenty (20) hours' work per week.
5. All secondary employment must be cleared through the office of the Chief of Police and forwarded to the Board of Fire and Police Commissioners for action. (1970 Code §3-3.3)
D. Procedures:
1. A member seeking approval to engage in secondary employment at any time, including during annual and time-due furloughs, will complete a secondary employment request, filling out a form which shall be provided by the Police Department.
a. The Department member will submit the secondary employment request to the Chief of Police at least five (5) days prior to the requested effective date.
b. The requesting member will describe, in detail, the exact nature of employment in the "Remarks" section of said request form. This will include the actual work location, work schedule, and the number of hours per day and type of work.
c. If the request is to engage in secondary employment with more than one employer, complete information relating to each secondary employment position will be entered on an individual request.
d. Whenever there is a change in the condition of any approved secondary employment, a new request will be prepared to report such changes.
2. The Chief of Police will review the request, may consult with the member's immediate supervisor to ascertain that the individual's work activity is satisfactory (a poor work record during a member's normal duty assignment will result in disapproval of the request), will verify that the member is not disqualified by any of the restrictions contained in this directive, and will indicate his approval or disapproval. A copy of the request will be retained by the officer and the original will be forwarded through channels to the Board of Fire and Police Commissioners for their approval. The decision of the Board of Fire and Police Commissioners will be transmitted to the Chief, and the Chief will advise the member, in writing, of the decision, and in the case of disapproval the reasons the request was disapproved.
3. In the event that an immediate "one day only" secondary employment arises, such as acting as a guard at a church affair, social event or business affair, the member must submit a completed request form within forty eight (48) hours of said event and it will be retained for a three (3) month period. All requests for secondary employment must be submitted to the Chief of Police with a copy forwarded to the Board of Fire and Police Commissioners. The Chief shall approve or disapprove all such requests. (1970 Code §3-3.4; 1986 Code)
E. Restrictions: A request for secondary employment will be denied/revoked under any of the following conditions:
1. Where there is an actual use of official police authority or services to solicit or conduct business for a fee.
2. When a member is classified as a probationary employee for one year.
3. When it appears from a member's medical absence record, or other evidence, that secondary employment will impair the member's ability to carry out his assigned duties.
4. When the secondary employment would exceed twenty (20) hours per week. (This does not apply to annual or time-due furlough periods.)
5. When the working conditions, hours of work, or location where the secondary employment is performed tend to impair the member's efficiency or capabilities as an employee of the Department or interfere with the member's response to emergency calls. A member should provide a sufficient amount of time between secondary employment and the start of a tour of duty to allow for ample rest and relaxation (4 hours).
6. When the secondary employment would involve any connection whatsoever with any establishment where the primary business is the sale of intoxicating liquor.
7. When the secondary employment would require the member to avail himself of official police equipment, records, documents or files.
8. When the secondary employment would result at any time in a conflict of interest (e.g. conduct a defense investigation for a litigant in a suit against the City Police Department).
9. When a member is on the medical roll for any reason (temporarily revoked until the member is restored to duty), unless authorized by the Chief of Police and the Board of Fire and Police Commissioners. (1970 Code §3-3.5)
F. Expiration of Authorization and Renewal of Requests:
1. Permission to engage in secondary employment automatically expires after twelve (12) months, if it is not renewed.
2. A request for renewal will be filed at least ten (10) days prior to the expiration date of the currently approved request.
3. A request for renewal of secondary employment with more than one employer will include all information pertaining to each secondary employment position on individual request forms. (1970 Code §3-3.6)
G. Cancellation:
1. The Chief of Police may cancel a member's permit to engage in secondary employment at any time for good cause, a copy to be forwarded to the Board of Fire and Police Commissioners.
2. When secondary employment interferes with a member's ability to perform his duties, supervisory officers shall request cancellation of the member's permit to engage in secondary employment. A written request, setting forth reasons for requesting cancellation, will be forwarded to the Chief of Police and the Board of Fire and Police Commissioners.
3. A member of the Department engaged in secondary employment with a company which is on strike could become involved in a conflict of interest or labor dispute. Accordingly, secondary employment approval will automatically be suspended during the term of the strike or when, by the nature of the secondary employment, the member would be required to cross picket lines of an organization on strike.
H. Responsibilities:
1. Member:
a. A member will insure that an accurate description of his secondary employment is up-to-date at all times. When the nature of the member's duties or business on his secondary employment changes, the member will notify the Chief of Police by submitting a secondary employment request reporting such changes. A copy is to be forwarded to the Board of Fire and Police Commissioners.
b. All members who desire to engage in secondary employment will recognize that their primary responsibility is to the City Police Department. Members are subject to call at any time for emergencies, special assignments or overtime duty. Secondary employment will not infringe on this obligation.
2. Supervisory Officers: Supervisory officers will continuously review the performance of their subordinates who have authorization to engage in secondary employment to insure that such employment is not interfering with the member's responsibilities or obligations to the Department. (1970 Code §3-3.8)