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HomeMy WebLinkAboutPOLICY1023 OUTSIDE EMPLOYEMENT AND OUTSIDE OT Policy Jeffersonville Police Department 1023 Policy Manual Outside Employment and Outside Overtime 1023.1 PURPOSE AND SCOPE This policy provides guidelines for department members who seek to engage in authorized outside employment or outside overtime. 1023.1.1 DEFINITIONS Definitions related to this policy include: Outside employment - Duties or services performed by members of this department related to their law enforcement duties for another employer, organization or individual who is not affiliated directly with this department when wages, compensation or other consideration for such duties or services is received. Outside employment also includes duties or services performed by those members who are self-employed and receive compensation or other consideration for services, products or benefits rendered. Outside overtime - Duties or services performed by members of this department related to their law enforcement duties for a private organization, entity or individual, that are requested and scheduled directly through the Department. Member compensation, benefits and costs for such outside services are reimbursed to the Department. 1023.2 POLICY Members of the Jeffersonville Police Department shall obtain written approval from the Chief of Police or the authorized designee prior to engaging in any outside employment or outside overtime related to the member's law enforcement duties. Approval of outside employment or overtime related to the member's law enforcement duties shall be at the discretion of the Chief of Police in accordance with the provisions of this policy. Failure to obtain prior written approval for outside employment or overtime related to the member's law enforcement duties, or engaging in outside employment or overtime that is prohibited by this policy, may lead to disciplinary action. 1023.3 OUTSIDE EMPLOYMENT 1023.3.1 REQUEST AND APPROVAL Members must submit the designated outside employment request form to their Shift Commander. The request form will then be forwarded through the chain of command to the Chief of Police or his/her designee for consideration. If approved, the member will be provided with a copy of the approved request form. Unless otherwise indicated in writing on the request form, approval for outside employment for the requested employment will be valid for one (1) year. During the one (1) year approval period, if there is a break in services provided to the organization listed in the approval, prior to resuming the outside employment, an electronic notification to the member's supervisor will be accepted. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Outside Employment and Outside Overtime- 1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime 1023.3.2 DENIAL Any member whose request for outside employment has been denied shall be provided with a notification of the reason for denial within a reasonable amount of time. 1023.3.3 REVOCATION OR SUSPENSION Any member whose approval for outside employment is revoked or suspended should be provided with a written notification of the reason for revocation or suspension. Approval for outside employment may be revoked or suspended: (a) When a supervisor determines the member's performance is failing to meet standards and the outside employment may be related to the deficient performance. 1. Approval for the outside employment may be reestablished when the member's performance has reached a satisfactory level and with his/her supervisor's authorization. (b) When a member's conduct or outside employment conflicts with department policy or any law. (c) When the outside employment creates an actual or apparent conflict of interest with the Department or City. 1023.3.4 APPEAL If a member's request for outside employment is denied or if previous approval is revoked or suspended, the member may file a written notice of appeal with the Chief of Police within 10 days of receiving notice of the denial, revocation or suspension. A revocation or suspension will only be implemented after the member has completed the appeal process. If the member's appeal is denied, he/she may file a grievance as provided in the Grievances Policy. 1023.4 REQUIREMENTS 1023.4.1 PROHIBITED OUTSIDE EMPLOYMENT The Department reserves the right to deny any request for outside employment that involves: (a) The use of department time, facilities, equipment or supplies. (b) The use of the Jeffersonville Police Department badge, uniform or influence for private gain or advantage. (c) The member's receipt or acceptance of any money or other consideration for the performance of duties or services that he/she would be required or expected to render in the course or hours of his/her employment or appointment or as a part of his/her regular duties. (d) The performance of duties or services that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other member of this department. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Outside Employment and Outside Overtime-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime (e) Demands upon the member's time that would render the performance of his/her duties for this department deficient or substandard. (f) Activities that may conflict with any other policy or rule of the Department. (g) working in taverns or bars that serve alcohol beverages. 1023.4.2 DEPARTMENT RESOURCES Members are prohibited from using any department equipment or resources in the course of, or for the benefit of, any outside employment, without approval from the Chief or his/her designee. This shall include the prohibition against any member using his/her position with this department to gain access to official records or databases of this department or other agencies. 1023.4.3 CHANGES IN OUTSIDE EMPLOYMENT STATUS If a member terminates his/her outside employment, the member shall promptly submit written notification of such termination to the Chief of Police through the chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through the procedures set forth in this policy. Members shall also promptly submit in writing to the Chief of Police any material changes in outside employment, including any change in the number of hours, type of duties or the demands of any approved outside employment. Members who are uncertain whether a change in outside employment is material are advised to report the change. 1023.4.4 LEAVE OR RESTRICTED DUTY STATUS Members who are placed on leave or other restricted duty status shall inform their immediate supervisors in writing within five days as to whether they intend to continue their outside employment while on such leave or restricted status. The immediate supervisor shall review the duties of the outside employment, along with any related orders (e.g., administrative, medical), and make a recommendation to the Chief of Police regarding whether such employment should continue. In the event that the Chief of Police determines that the outside employment should be discontinued, or if the member fails to promptly notify his/her supervisor of his/her intention regarding outside employment, a notice revoking approval of the outside employment will be forwarded to the member and a copy attached to the original outside employment request form. Criteria for revoking approval due to leave or restricted duty status include, but are not limited to: (a) The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's medical professional advisers. (b) The outside employment requires performance of the same or similar physical ability as would be required of an on-duty member. (c) The member's failure to make timely notice of his/her intention to the supervisor. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. *** Outside Outside Employment and Outside Overtime-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime When the member returns to full duty with the Jeffersonville Police Department, a written request may be submitted to the Chief of Police to approve the outside employment request. 1023.5 OUTSIDE OVERTIME 1023.5.1 ARREST AND REPORTING PROCEDURE Any officer making an arrest or taking other official law enforcement action while working in an outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to the Report Preparation Policy. Time spent on the completion of such reports shall be considered part of the outside overtime assignment. 1023.5.2 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Assistant Chief, undercover officers or officers assigned to covert operations shall not be eligible to work outside overtime in a uniformed or other capacity that could reasonably disclose the officer's law enforcement status. 1023.6 SPECIAL CONSIDERATIONS Any officer taking official law enforcement action during outside employment or outside overtime sustaining injuries, should follow City of Jeffersonville work-related illness and injury reporting. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Outside Employment and Outside Overtime-4 Published with permission by Jeffersonville Police Department Policy Jeffersonville Police Department ' Policy Manual Outside Employment and Outside Overtime 1023.1 PURPOSE AND SCOPE This policy provides guidelines for department members who seek to engage in authorized outside employment or outside overtime. 1023.1.1 DEFINITIONS Definitions related to this policy include: Outside employment - Duties or services performed by members of this department related to their law enforcement duties for another employer, organization or individual who is not affiliated directly with this department when wages, compensation or other consideration for such duties or services is received. Outside employment also includes duties or services performed by those members who are self-employed and receive compensation or other consideration for services, products or benefits rendered. Outside overtime - Duties or services performed by members of this department related to their law enforcement duties for a private organization, entity or individual, that are requested and scheduled directly through the Department. Member compensation, benefits and costs for such outside services are reimbursed to the Department. 1023.2 POLICY Members of the Jeffersonville Police Department shall obtain written approval from the Chief of Police or the authorized designee prior to engaging in any outside employment or outside overtime related to the member's law enforcement duties. Approval of outside employment or overtime related to the member's law enforcement duties shall be at the discretion of the Chief of Police in accordance with the provisions of this policy. Failure to obtain prior written approval for outside employment or overtime related to the member's law enforcement duties, or engaging in outside employment or overtime that is prohibited by this policy, may lead to disciplinary action. 1023.3 OUTSIDE EMPLOYMENT 1023.3.1 REQUEST AND APPROVAL Members must submit the designated outside employment request form to their Shift Commander. The request form will then be forwarded through the chain of command to the Chief of Police or his/her designee for consideration. If approved, the member will be provided with a copy of the approved request form. Unless otherwise indicated in writing on the request form, approval for outside employment for the requested employment will be valid for one (1) year. During the one (1) year approval period, if there is a break in services provided to the organization listed in the approval, prior to resuming the outside employment, an electronic notification to the member's supervisor will be accepted. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved ***DRAFT*** Outside Employment and Outside Overtime-1 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime 1023.3.2 DENIAL Any member whose request for outside employment has been denied shall be provided with a notification of the reason for denial within a reasonable amount of time. 1023.3.3 REVOCATION OR SUSPENSION Any member whose approval for outside employment is revoked or suspended should be provided with a written notification of the reason for revocation or suspension. Approval for outside employment may be revoked or suspended: (a) When a supervisor determines the member's performance is failing to meet standards and the outside employment may be related to the deficient performance. 1. Approval for the outside employment may be reestablished when the member's performance has reached a satisfactory level and with his/her supervisor's authorization. (b) When a member's conduct or outside employment conflicts with department policy or any law. (c) When the outside employment creates an actual or apparent conflict of interest with the Department or City. 1023.3.4 APPEAL If a member's request for outside employment is denied or if previous approval is revoked or suspended, the member may file a written notice of appeal with the Chief of Police within 10 days of receiving notice of the denial, revocation or suspension. A revocation or suspension will only be implemented after the member has completed the appeal process. If the member's appeal is denied, he/she may file a grievance as provided in the Grievances Policy. 1023.4 REQUIREMENTS 1023.4.1 PROHIBITED OUTSIDE EMPLOYMENT The Department reserves the right to deny any request for outside employment that involves: (a) The use of department time, facilities, equipment or supplies. (b) The use of the Jeffersonville Police Department badge, uniform or influence for private gain or advantage. (c) The member's receipt or acceptance of any money or other consideration for the performance of duties or services that he/she would be required or expected to render in the course or hours of his/her employment or appointment or as a part of his/her regular duties. (d) The performance of duties or services that may later be subject directly or indirectly to the control, inspection, review, audit or enforcement of any other member of this department. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved ***DRAFT*** Outside Employment and Outside Overtime-2 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime (e) Demands upon the member's time that would render the performance of his/her duties for this department deficient or substandard. (f) Activities that may conflict with any other policy or rule of the Department. (g) working in taverns or bars that serve alcohol beverages. 1023.4.2 DEPARTMENT RESOURCES Members are prohibited from using any department equipment or resources in the course of, or for the benefit of, any outside employment, without approval from the Chief or his/her designee. This shall include the prohibition against any member using his/her position with this department to gain access to official records or databases of this department or other agencies. 1023.4.3 CHANGES IN OUTSIDE EMPLOYMENT STATUS If a member terminates his/her outside employment, the member shall promptly submit written notification of such termination to the Chief of Police through the chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through the procedures set forth in this policy. Members shall also promptly submit in writing to the Chief of Police any material changes in outside employment, including any change in the number of hours, type of duties or the demands of any approved outside employment. Members who are uncertain whether a change in outside employment is material are advised to report the change. 1023.4.4 LEAVE OR RESTRICTED DUTY STATUS Members who are placed on leave or other restricted duty status shall inform their immediate supervisors in writing within five days as to whether they intend to continue their outside employment while on such leave or restricted status. The immediate supervisor shall review the duties of the outside employment, along with any related orders (e.g., administrative, medical), and make a recommendation to the Chief of Police regarding whether such employment should continue. In the event that the Chief of Police determines that the outside employment should be discontinued, or if the member fails to promptly notify his/her supervisor of his/her intention regarding outside employment, a notice revoking approval of the outside employment will be forwarded to the member and a copy attached to the original outside employment request form. Criteria for revoking approval due to leave or restricted duty status include, but are not limited to: (a) The outside employment is medically detrimental to the total recovery of the disabled member, as indicated by the City's medical professional advisers. (b) The outside employment requires performance of the same or similar physical ability as would be required of an on-duty member. (c) The member's failure to make timely notice of his/her intention to the supervisor. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved ***DRAFT*** Outside Employment and Outside Overtime-3 Published with permission by Jeffersonville Police Department Jeffersonville Police Department Policy Manual Outside Employment and Outside Overtime When the member returns to full duty with the Jeffersonville Police Department, a written request may be submitted to the Chief of Police to approve the outside employment request. 1023.5 OUTSIDE OVERTIME 1023.5.1 ARREST AND REPORTING PROCEDURE Any officer making an arrest or taking other official law enforcement action while working in an outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to the Report Preparation Policy. Time spent on the completion of such reports shall be considered part of the outside overtime assignment. 1023.5.2 SPECIAL RESTRICTIONS Except for emergency situations or with prior authorization from the Assistant Chief, undercover officers or officers assigned to covert operations shall not be eligible to work outside overtime in a uniformed or other capacity that could reasonably disclose the officer's law enforcement status. 1023.6 SPECIAL CONSIDERATIONS Any officer taking official law enforcement action during outside employment or outside overtime sustaining injuries, should follow City of Jeffersonville work-related illness and injury reporting. Copyright Lexipol,LLC 2017/07/25,All Rights Reserved. ***DRAFT*** Outside Employment and Outside Overtime-4 Published with permission by Jeffersonville Police Department