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EXTRA DUTY 5.7C TEQUESTA POLICE DEPARTMENT GENERAL ORDER TITLE: EXTRA DUTY AND OFF DUTY EMPLOYMENT GENERAL ORDER: 5.7D EFFECTIVE: September 5, 2012 RESCINDS: G.O. 5.7C PAGES: 5 CONTENTS: This order consists of the following numbered sections: I. PROHIBITED EMPLOYMENT II. OFF DUTY EMPLOYMENT III. EXTRA DUTY EMPLOYMENT IV. EMPLOYER RESPONSIBILITIES V. STATUS OF OFFICERS VI. AGENCY RESPONSIBILITY VII. EXTRA DUTY EMPLOYMENT, OUTSIDE OF JURISDICTION VIII. GLOSSARY PURPOSE: To establish guidelines to authorize, monitor, and control off duty and extra duty work by Tequesta Police Department members during off duty hours. SCOPE: This order applies to all certified law enforcement members. DISCUSSION: Self-employment or work performed by members for an employer other than the Tequesta Police Department is a privilege, not a right. Members are paid for full time service to the agency, and the Chief retains the right to approve work after normal duty hours by sworn, certified, or civilian members, as a condition of employment. This includes limiting the number of hours that can be worked on off duty time. POLICY: It is the policy of the Tequesta Police Department to monitor and regulate the nature and duration of extra duty and off duty employment as restricted by statute, and as it affects the operation of the agency. PROCEDURE: I. PROHIBITED EMPLOYMENT: Members may not work off duty in the following areas: A. Bail bondsman, runner, or employment under bail bondsman, or with any bail bond business. B. Store detective, night watchman, or security guard. G.O. 5.7C  C. Investigative work for attorneys, insurance firms, collection agencies, or security services. D. Employment that adversely affects the performance of official duties or creates a conflict of interest in violation of FS 112.313. E. Direct or indirect employment in connection with the operation of any business licensed under the Beverage Law. II. OFF DUTY EMPLOYMENT: Work of a non-law enforcement nature performed during off duty hours by sworn, certified, or a civilian member requires prior approval by the Chief. A. Members must submit a written request to the Chief, via the chain of command, with a brief description of the work, the name and address of the employer, the hours to be worked and the duration of the job. The request will include a statement that the off duty work will not affect the performance of agency duties; that the writer has read and understands the provisions of this general order regarding off duty injuries and disability coverage; and, has read the provisions of FS 112.313 regarding conflicts of interest. B. After approval or disapproval by the Chief, the original request will be filed in the member’s personnel jacket in the Village Manager’s office, and a copy sent to the member. C. Members will not use agency vehicles, uniforms, equipment, or resources while engaged in non-law enforcement related off duty work. III. EXTRA DUTY EMPLOYMENT: The Police Department receives many requests from public, private, and commercial operations to assign officers to law enforcement related part time work: traffic, and crowd control, or duty requiring a uniformed law enforcement presence. The Extra Duty Employment Coordinator is responsible for the approval, review, and revocation process of all extra-duty requests. A. Review and Revocation: Factors to be considered will include but not limited to: 1. Do Florida State Statutes prohibit law enforcement from such employment, such as an establishment licensed under the beverage law? 2. Does the employment conflict with department policy, procedures, or rules and regulations? 3. Would the employment reflect negatively on the department? B.Approval: 1. The signature of the Extra-Duty Coordinator on the application and/or the creation of an extra duty detail list will act as proof of agency authorization. C. Officers working extra duty assignments are subject to inspection by supervisors of the agency to ensure compliance with rules and procedures. Written directives of the agency will be applicable to officers engaged in law enforcement related extra duty assignments. Violations of written directives will be cause for prohibition of further extra duty work and/or disciplinary action. D. Officers working extra duty assignments will maintain the same standards of personal appearance, conduct, and performance, as if they were on regular duty. The complete uniform of the day will be worn on extra duty assignments including a reflective vest if vehicle traffic control is involved. E. Extra duty employment is available to law enforcement members and authorized reserve officers, who have completed the field-training program. F. An officer who wishes to be assigned extra duty work must submit a written request or sign extra duty notices as 2 G.O. 5.7C  they are posted by the Extra Duty Employment Coordinator. G. If an officer refuses the assignment for any reason other than being on duty at the time scheduled, the assignment will be offered to another officer. 1. Failure to return a call from the Extra Duty Employment Coordinator within 24 hours will be considered a refusal of the assignment. 2. An officer may be removed from the extra duty roster for violation of this procedure or for other disciplinary reason. H. Officers will not jeopardize their physical or mental health with extra duty work. 1. Officers will provide for a minimum of eight hours of rest within each 24-hour period. 2. Officers will limit their combined on duty and extra duty work time to not more than 16 consecutive hours within a 24-hour period, unless an exception is specifically authorized by the Chief. I. If an officer, due to negligence, fails to arrive on time for the detail, however, arrives before the expiration of the first hour of the detail, may be subject to an officer advisory warning in lieu of suspension from the eligibility roster. 1. If for some reason the officer cannot work the assignment, the officer is responsible for ensuring that a replacement officer is found to work in their absence. An officer who accepts an assignment must make every effort to give 48 hours notice to the Extra Duty Assignment Coordinator if unable to fulfill the assignment. Failure to give notice or to report for duty may result in removal from the eligibility roster. 2. Officers who fail to meet this requirement are subject to disciplinary action and suspension from eligibility roster. 3. First offenses will result in a thirty (30) day suspension from eligibility roster. 4. A second offense within a year of the first offense will result in a ninety (90) day suspension from the eligibility roster. 5. A third offense within a year of the first offense will result in a one (1) year suspension from the eligibility roster. 6. Officers with no offenses for one year after the end of their suspension period will restart the suspension process for future offenses. 7. During working hours, replacements will be arranged by the Extra Duty Employment Coordinator. After hours and on weekends, replacements will be arranged by the shift supervisor. 8.. Officers will not trade assignments or get substitutes for extra duty work without prior approval of the Extra Duty Employment Coordinator. . J. Officers on suspension or leave, other than vacation leave, will not work an extra duty assignment. K. Officers will not solicit extra duty employment or enter into agreements for such work with outside employers, except as provided herein. L. Agency uniforms, equipment, resources and vehicles may be used in law enforcement related extra duty assignments. 3 G.O. 5.7C  M. If an incident or a call for service originates at the extra duty site, the officer will be responsible for all law enforcement functions. The officer will document all significant incidents that occur while performing extra duty assignments. IV. EMPLOYER RESPONSIBILITIES: A. Public, private and commercial operations requiring uniformed officers for extra duty assignments must submit written requests to the Extra Duty Employment Coordinator. The request must contain the following information: 1. Date, time, duration, type of event, and expected attendance. 2. Number of officers needed. 3. Nature of duties to be performed by the officers. 4. Whether the assignment is a one-time job, or will be on a continuing basis. B. At large public events, extra duty employers are required to hire enough officers to ensure safe and efficient law enforcement coverage. The need for three or more officers requires the assignment of an off duty officer of supervisory rank. 1. One sergeant will be required for each assignment requiring three or more officers. C. Employers will be responsible for payment of services rendered, at a rate to be established effective October 1 of each year by the Village Manager. 1. Officers will receive a minimum of three hours pay for any work detail. 2. Payment for extra duty work is taxable earned income. V. STATUS OF OFFICERS: A. Officers will be considered on duty and eligible for on duty injury benefits regardless of scheduled hours when enforcing the criminal and traffic laws, such as off duty arrests and emergency action. VI. AGENCY RESPONSIBILITY: It is the responsibility of the Police Department to ensure that extra duty work by officers is in the best interest of the community and is performed in accordance with agency policy. A. Police Department assistance to individuals or organizations wishing to employ officers for extra duty work is limited to unofficial notifications concerning privately arranged work agreements. 1. The agency assumes no responsibility beyond notifying eligible officers of legitimate opportunities for extra duty work, and informing prospective employers of the names of officers who are assigned to work particular extra duty assignments. 2. The agency reserves the right to inspect and supervise uniformed officers engaged in extra duty assignments to ensure conformity with laws and with Police Department policy and Florida law. B. The agency reserves the right to cancel extra duty work assignments without notice or liability, and to recall officers for official duty when necessary for community safety. Regular work schedules and manpower requirements will not be compromised or adjusted to meet extra duty employment requests. C. All record keeping and notifications will be the responsibility of the Extra Duty Employment Coordinator. 4 G.O. 5.7C  VII. EXTRA DUTY EMPLOYMENT - OUTSIDE THE JURISDICTION OF THE VILLAGE OF TEQUESTA: A. Extra Duty Employment is permitted with the following restrictions: 1. The detail must be approved by the Chief of Police. 2. All regulations related to Extra Duty Employment are maintained. 3.not Department vehicles will be used. 4. Officers will receive payment directly from the outside organization or venders at the rate specified by ordinance and are responsible for all applicable taxes. 5. The officer is acting as an independent contractor and not covered by the Village of Tequesta for workers compensation or liability. 6. It is the officer’s responsibility to confirm insurance through the organization or vender. B. Authority outside of jurisdiction. 1. While working Extra Duty Employment outside of jurisdiction, the officer does not have arrest authority and can only work with regards to traffic control duties with the exception of a mutual aid request or the State Forcible Felony Rule. 2. All incidents requiring law enforcement authority will be turned over to the appropriate authority and documented. VIII. GLOSSARY: EXTRA DUTY EMPLOYMENT COORDINATOR - An agency member designated by the Chief to coordinate, schedule, and assign outside employer requests for officers to perform law enforcement related extra duty work. EXTRA DUTY WORK - Law enforcement related work that serves the public interest, performed by an officer during off duty hours, such as traffic and crowd control, or uniformed assignments for a public or private employer other than the Tequesta Police Department, as approved and authorized by the Chief or his designee. OFF DUTY WORK - Non-law enforcement related work, which is in no way dependent upon the uniform or the authority of the Tequesta Police Department, which may be performed by a sworn, certified, or a civilian member of the agency during off duty time for a private employer. INDEXING: EMPLOYMENT OFF DUTY EXTRA DUTY WORK OFF DUTY EMPLOYMENT PROHIBITED EMPLOYMENT DRAFTED: DJR/November 2008/Filed: Exduty5.7 APPROVED: 5 G.O. 5.7C  Pete Pitocchelli, Chief DATE: September 05, 2012 Tequesta, Florida 6