Arlington County, Virginia

Police Department

Directives Manual

 

512.03 Off Duty Employment

 

I. Policy -- The Chief of Police shall exercise such control over off duty employment as deemed necessary to ensure on duty efficiency and to prevent possible conflicts of interest with an employee's duties and responsibilities. County Administrative Regulation 2.8, regarding Supplemental Employment ("Outside Employment"), is included as part of this procedure.

 

All law enforcement related off duty employment will be conducted within the confines of Arlington County. No Law enforcement related off duty work will be approved for sites outside of Arlington. Additionally, all off duty employment that is law enforcement related will be conducted in uniform while displaying a badge of authority unless a waiver is specifically granted by the Chief of Police.

 

II. Definitions

 

A. General Secondary Employment -- employment that is not related to law enforcement or security, does not require the use of law enforcement power or authority, and does not utilize any Police Department equipment, vehicles, uniforms, networks, or similar assets.

 

B. Police-related Secondary Employment - employment in which an employee is compensated by an entity other than the Arlington County Government for the performance of law enforcement duties, including (but not limited to) security, traffic direction, parking enforcement, and preventive patrol, etc.

 

For purposes of this definition, the above-cited compensation may include payments of money, free rent, and/or the barter of other goods or services.

 

C. County-related Secondary Employment - employment in which an employee is compensated by the Arlington County Government for the performance of law enforcement duties rendered in support of a County agency or County-sponsored event or program (e.g., school athletic events, special details, mutual aid events, etc.).

 

For purposes of this directive, an employee's personally owned small business or other self-employed business venture qualifies as secondary employment under either sub-section II.A or II.B above, depending upon whether or not the employee provides a law enforcement service.

 

III. Procedures

 

A. Prohibited Employment

 

Certain types of secondary employment conflict with the broader public interests of the Police Department, or may cause the ethics or reputation of the Police Department and its employees to be questioned.

 

In order to avoid such conflicts and questions, no employee shall work any general secondary employment or police-related secondary employment (see definitions in sub-section II.A and II.B) where:

 

a.       the employer charges a fee for, or earns money by, towing or repossessing vehicles, and/or stores such vehicles

 

b.      the employee collects bills or debts, attempts to convince any person to pay a bill or debt, or takes other actions in furtherance of a civil dispute involving financial payments and/or the possession of property

 

c.      the employee performs private investigation or assists in the preparation of any plaintiff's or defendant's case for civil or criminal court

 

d.      the employee administers or assists in the administering of a polygraph, voice stress analyzer, or other type of deception detection exam

 

e.      the employee serves or assists in the serving of any civil or criminal legal process (e.g., subpoenas, writs, eviction notices, etc.)

 

f.       the employer is a security guard company, armored car service, or similar provider of armed or protective services

 

g.      the employee performs personal security or bodyguard services for any individual person

 

h.      the employee provides security or police-related services to a business whose employees are on strike, or otherwise assists any party in the furtherance of a labor-management dispute

 

i.        the employee operates a taxicab or other transportation for hire

 

j.        the employer operates a gambling enterprise or sells tickets for a lottery other than the official Virginia state-sponsored lottery (NOTE: for purposes of this directive, "chances" and door prizes sold during a one-time charitable or community event do not qualify as lottery tickets)

 

k.      the employee participates in the preparation, delivery, or sale of alcoholic beverages, or is regularly stationed within the same room or enclosure where such activities occur

 

l.        the employer sells or distributes firearms to the public, and:

 

* the employee personally sells, rents, or delivers firearms, prepares firearms for sale or rent, or engages in the processing of gun registrations, gun permit applications, or other documents related to firearms, OR

 

* the employer's primary business is the sale of firearms, regardless of the nature of the ACPD employee's duties within that business

 

This sub-section does not prohibit an employee from privately selling a personally owned firearm, provided that the sale is not related to secondary employment and does not require the employee's registration as a gun dealer under Virginia or federal law.

 

B. Scheduling Limitations

 

Although off-duty coordinators have a significant role in the scheduling process, it is the responsibility of each individual employee to ensure his or her compliance with the below-listed scheduling limitations.

 

a. An employee shall not work more than 17 hours during any 24-hour period

 

a.       b. A rest period consisting of a minimum of 7 hours (where no secondary employment of any type is performed) shall occur at either the beginning, or at the end, of every scheduled ACPD tour of duty

 

b.      An employee shall not work more than 10 consecutive days without a complete day off

 

c.      If an employee misses a court appearance or fails to work an entire ACPD tour of duty as a result of illness of the use of sick leave (except "family" sick leave), the employee shall not thereafter work any secondary employment for the remainder of that same calendar day

 

d.      An employee shall not work police-related secondary employment while on light duty, while on restricted or limited public-contact duty as a result of an operational incident (e.g., departmental shooting, etc.), or while in any paid leave status other than vacation or compensatory leave.

 

Limitations "a" through "d" shall be calculated to include all categories of scheduled work, including standard ACPD duty, general secondary employment, police-related secondary employment, and County-related secondary employment, except that they shall not apply:

 

* if the employee is on extended vacation or compensatory leave and the only work performed is general secondary employment, OR

 

* when the Chief of Police issues a written waiver during a time of emergency

 

C. General Secondary Employment

 

An employee seeking to work general secondary employment (see definition in sub-section II.A) shall submit a memorandum to the Chief of Police requesting permission to be so employed.

 

The memorandum shall identify the proposed employer (business name, address, and telephone number), the type of work to be performed, and the approximate number of hours to be worked each week.

 

At the discretion of the HRMS commander, newly hired employees who are already working general secondary employment at the time of their hiring may continue such employment pending action by the Chief of Police on an above-described approval request.

 

All employees are eligible to apply for permission to work general secondary employment. However, approval is unlikely if the requesting employee is a recruit officer attending the Academy, is still in the field training process, or has recently performed unsatisfactorily at his or her regular ACPD assignment.

 

The Chief of Police retains ultimate authority to approve or disapprove any application for general secondary employment, and may deny any such employment that does not promote the best interests of the Police Department, the County Government, or the public. This prerogative applies regardless of whether the denied employment is included among the prohibitions previously identified in sub-section III.A.

 

Unlike with police-related secondary employment, annual re-approval is not required unless the employee's secondary employment duties change.

 

D. Police-related Secondary Employment

 

1. Application Process

 

a.       With the exception of the residential rental properties described in sub-section III.D.1.b (below), any individual or business (hereafter referred to as the "employer") desiring to hire an ACPD employee for police-related secondary employment shall submit an application to the Office of the Chief of Police.

 

b.      Employees who establish a primary residence at a property offering free or reduced rent in exchange for police-related services shall inform the Office of the Chief, in writing, of the arrangement. This notice shall identify the property and describe any services the employee is expected to render. This notice shall be re-submitted each January that the rental agreement remains in effect.

 

c.      Each of the applications required by sub-section III.D.1.a (above) shall be accompanied by documentary proof that the employer:

 

·        is insured against civil liabilities arising from any and all actions taken by the ACPD employee on behalf of the employer, AND

·        maintains worker's compensation coverage for the ACPD employee

 

The Office of the Chief of Police shall identify the minimum acceptable dollar values for the aforementioned liability insurance and worker's compensation coverage. These values shall be stated on the application form, and must be maintained by the employer throughout the life of the current application.

 

d.      The Office of the Chief of Police shall establish (and periodically revise) a minimum hourly pay rate for all police-related secondary employment. Any private-sector employer desiring to hire ACPD personnel shall agree to pay at least that rate, or the application will not be approved.

 

e.      The application cited in sub-section III.D.1.a shall be renewed annually. An employer's failure to submit a renewal application shall be considered by the Police Department as notice that the employer no longer wishes to continue the secondary employment in question.

 

f.       Employees are prohibited from soliciting any individual or business in order to obtain police-related secondary employment. All parties interested in hiring an ACPD employee for police-related secondary employment shall be referred to the Office of the Chief of Police.

 

The Chief of Police retains ultimate authority to approve or disapprove any application for police-related secondary employment, and may deny any such employment that does not promote the best interests of the Police Department, the County Government, or the public. This prerogative applies regardless of whether the denied employment is included among the prohibitions previously identified in sub-section III.A.

 

2. Officer Eligibility

 

All sworn officers below the rank of Captain who have completed FTO training are eligible for police-related secondary employment, except that:

 

a.       Officers who were supervised by a Field Training Officer within the previous six months are restricted to County-related secondary employment and/or police-related secondary employment at the rental property where they live.

 

The Deputy Chief of the Operations Division may waive this restriction in writing for officers with prior police experience at other agencies.

 

 

b.      The Chief of Police may suspend the police-related secondary employment privileges of any employee:

 

 

·        recently disciplined for unsatisfactory performance or violation of any departmental or county regulation, OR

 

·        whose on-duty work has been judged by a supervisor to be substandard or in need of improvement, OR

 

·        whose performance on a secondary employment assignment has been judged unsatisfactory by that assignment's off-duty coordinator, OR

 

·        who has been found to have violated this directive (512.03), regardless of whether formal discipline was imposed

 

The duration of suspensions shall be at the discretion of the Chief of Police, and may be imposed indefinitely, where appropriate.

 

Suspension of secondary employment privileges is automatic in any case where the employee's normal ACPD status, certification, or arrest powers, etc., are suspended or otherwise interrupted. Officers in such situations shall not work police-related secondary employment, regardless of whether secondary employment privileges were mentioned in the primary ACPD suspension notice.

 

3. Supremacy of Employee's Departmental Obligations

 

Permission to work police-related secondary employment is contingent upon the following requirements:

 

a. An employee's primary employment responsibility remains with the Police Department at all times, even during periods when the employee is actually on-site at a secondary employment assignment.

 

Accordingly, an employee at a secondary employment assignment may be called back to duty with ACPD at any time, regardless of whether the secondary employer agrees. Upon notification of such call back, the employee shall immediately cease work for the secondary employer and report to a location designated by ECC or by an on-duty ACPD supervisor.

 

b. While engaged in police-related secondary employment, employees shall adhere to all applicable ACPD directives, procedures, and regulations, etc., as well as Administrative Regulation 2.8 and all other applicable regulations of the Arlington County Government.

 

4. General Procedures

 

Employees working police-related secondary employment shall comply with the following requirements:

 

a. All secondary employment shall be worked in uniform (in accordance with the provisions of directive 518.01) unless written permission to work in plainclothes has been granted by the Chief of Police.

 

b. Upon arrival at a secondary employment site, the employee shall notify ECC, preferably by police radio on the main dispatch channel for the area being worked. The information conveyed to ECC shall include:

 

·        the assignment location(s)

·        the assignment's scheduled start and stop times

·        any unusual or unique conditions about which ECC or on-duty patrol units should be aware (e.g., special event occurring at the site, or the presence of non-uniformed police personnel at the site, etc.)

 

The employee shall similarly notify ECC when leaving the site at the conclusion of the assignment.

 

Notification to ECC is not required if an employee engages in unscheduled, routine patrol and/or enforcement on the grounds of a rental property where he or she lives as part of a free or reduced rent arrangement.

 

c. If an incident occurs at the secondary employment site that would normally require the writing of a police report(s), the employee working the secondary employment assignment shall write the report(s) rather than request an on-duty unit to perform the task.

 

This requirement does not preclude the employee from calling for appropriate assistance from on-duty units, nor does it prevent an on-duty supervisor from assigning an on-duty officer to handle an incident in lieu of the secondary employment officer, if the supervisor so prefers.

 

d. Unless instructed otherwise by an on-duty supervisor, an officer who makes an arrest while working police-related secondary employment shall perform all booking and arrest-related tasks, and shall document the arrest on the appropriate police report form(s).

 

e. The police reports required by sub-sections III.D.3.c and III.D.3.d (immediately above) shall be submitted to an on-duty supervisor before the off-duty employee completes the secondary employment assignment.

 

f. Employees shall immediately notify an on-duty supervisor of any police-related secondary employment incident involving an injury, use of force, damage to departmental property, damage to private or public property that was caused by the officer, or any incident reasonably likely to be of interest to the news media.

 

The employee shall also notify the off-duty coordinator with responsibility for the assignment in question. This notification should occur at the earliest practical opportunity.

 

g. An employee who has reason to believe that he or she has become involved in a police-related secondary employment incident which may result in an official departmental complaint, civil suit, or similar consequence shall notify his or her District/Section commander no later than the next business day (Mon-Fri). Notification may be via memo or voice mail.

 

The employee shall also notify the off-duty coordinator with responsibility for the assignment in question. This notification should occur at the earliest practical opportunity.

 

h. Employees working police-related secondary employment shall not accept tips, gratuities, gifts, loans, or any other compensation beyond the standard, contracted secondary employment compensation.

 

This prohibition does not apply to meals or light refreshments provided by the employer at the site, if such items are a normal part of the secondary employment arrangement.

 

i. Employees working police-related secondary employment are permitted to use any issued ACPD equipment that may be appropriate for the assignment, including vehicles.

 

Where vehicles are concerned, the employee shall use his or her take-home vehicle, or shall attempt to obtain a fellow officer's take-home vehicle. If a take-home vehicle cannot be secured, the employee may use a fleet vehicle, provided that a sufficient number of such vehicles remain for on-duty purposes, and the Watch Commander grants explicit approval.

 

j. Employees shall not disclose any RMS, DMV, VCIN, NCIC, criminal history, or other confidential law enforcement data to a secondary employer. Neither shall employees personally access or use such data during the course of secondary employment, except as necessary to process an arrest or otherwise conduct a legitimate law enforcement investigation.

 

5. Payment

 

The following regulations apply to all police-related secondary employment:

 

a.       Payment shall be made by check, cash, or other means agreed upon by the employer and the off-duty coordinator. Payments are not facilitated through the Arlington County payroll system.

 

b.      Employees shall work only one secondary employment assignment at a given moment, and shall accept payment from only one secondary employer for services rendered during any given period of continuous work.

 

c.      Employees shall not perform secondary employment while on-duty with ACPD. This prohibition encompasses off-duty coordinator work, as well as on-site police or security work.

 

c.      If an employee is called back or otherwise diverted from a secondary employment assignment in order to perform ACPD duties, that employee shall not apply for ACPD overtime pay or earned compensatory leave unless the secondary employer's compensation was discontinued during the period of the diversion.

 

d.      Off-duty coordinators shall bill employers only for the actual amount of time they devote to coordination duties, and shall be paid at the same hourly rate that is paid to the officers whose on-site police or security services they schedule or supervise.

 

e.      Payments from police-related secondary employment are likely to be taxable at both the federal and state levels. Accordingly, employees shall declare all taxable secondary employment income on their respective tax returns. Employees are strongly encouraged to maintain accurate personal income records during the course of the year in order to ensure compliance with this sub-section.

 

6. Employee Deployments

 

Officers seeking to work police-related secondary employment may browse the available employment offerings posted on the "Off-Duty Board" maintained by the Police Department in the Operations Division work area.

 

Police-related secondary employment opportunities are normally posted from the 1st through the 7th of the preceding month, with unfilled opportunities re-posted after the 15th.

 

To sign-up for a specific opportunity (or opportunities), an officer shall complete a blank "request calendar" indicating which of the available slot for a given job he or she desires to fill. The officer shall time-stamp the request calendar and submit it to the off-duty coordinator designated for that job.

 

The officer will subsequently be notified via a published schedule (posted on the Off-Duty Board) whether his or her requests were granted.

 

Officers who are given assignments in this manner are departmentally obligated to fulfill those assignments. If the officer becomes unable to work due to illness or some other difficulty beyond the officer's control, the officer shall inform the off-duty coordinator as soon as the difficulty is discovered.

 

Officers who report for duty at police-related secondary employment shall properly discharge all required duties, as those duties are identified by the "Duties & Expectations Notice" published on the Off-Duty Board, or as otherwise instructed by the off-duty coordinator.

 

Failure to perform satisfactorily may result in the loss of further secondary employment opportunities and/or departmental discipline.

 

7. Off-Duty Coordinators

 

Except as provided in sub-section III.D.8 later in this directive, the Office of the Chief of Police shall designate one sworn employee to serve as the "off-duty coordinator" for each police-related secondary employment application that is approved.

 

Selection of coordinators shall be entirely at the discretion of the Chief of Police, with decisions generally predicated upon the stated needs and desires of the private-sector employer, the reliability and workload of a given coordinator, and the Police Department's interest in allocating coordination opportunities equitably among qualified personnel.

 

The following duties and responsibilities are assigned to all off-duty coordinators:

 

a. The coordinator shall maintain close, frequent consultation with the secondary employer, in order to:

 

·        define the deployed officer's duties

·        clarify the employer's expectations

·        identify the dates and times when deployments should occur

·        verify that assignments were satisfactorily performed

·        attempt to resolve employer complaints, if any

 

b. The coordinator shall post a "Duties & Expectations Notice" on the Off-Duty Board maintained by the Police Department in the Operations Division work area. This notice shall describe all of the duties and expectations associated with a given secondary employment assignment, and shall remain continuously posted as long as the secondary employment assignment remains active.

 

c. The coordinator shall post available work dates and times for the upcoming month on the Off-Duty Board maintained by the Police Department in the Operations Division work area. These announcements shall normally be posted on the 1st of the month and remain posted until at least the 7th of the month.

 

At this same time the coordinator shall post blank "request calendars" to be used by officers seeking assignments (NOTE: the officers' use of these calendars is described in sub-section III.D.6).

 

d. Using the request calendars submitted by individual officers, the coordinator shall craft an initial schedule that seeks to be fair and equitable to all officers requesting to work the assignment.

 

Generally, the coordinator shall assign officers to this schedule on a first-come, first-served basis, as determined by the time-stamps appearing on the officers' request calendars. This requirement is not absolute, however, and may be ignored where necessary to ensure fair treatment of all applicants.

 

The initial schedule shall be posted on the Off-Duty Board around the 15th of each month, with any unfilled slots identified as such. Officers may then request to fill any remaining slots by submitting new time-stamped request calendars.

 

The coordinator shall use these additional request calendars to fill all remaining open slots, but shall now strictly follow the first-come, first-served sequence dictated by the time-stamps.

 

e. The coordinator shall submit payroll reports to the employer for hours actually worked by ACPD personnel. These reports shall be submitted at intervals identified by the employer. The coordinator shall also facilitate or assist with the delivery of payments to individual officers, in accordance with procedures stipulated by the employer.

 

f. If requested by the employer, the coordinator may perform quality assurance and/or supervisory duties at the site. If such arrangements are made, the coordinator shall perform the duties in a satisfactory manner.

 

The Police Department does not automatically require such duties of coordinators, however, recognizing instead that the work of many coordinators will be limited to scheduling and bookkeeping.

 

g. The coordinator shall maintain detailed records of the amount of time he or she devotes to coordination and supervision tasks, and shall retain personal copies of all bills or invoices submitted to the employer for off-duty coordination and supervision work.

 

The coordinator shall retain the above documents for one year, along with all Duties & Expectations Notices, posted schedules, request calendars, employer payroll reports, and/or related materials used in the off-duty coordination process during the one-year period. The coordinator shall make these materials available to Inspectional Services and/or Internal Affairs, upon request.

 

8. Short-Term Assignments

 

Occasionally, the Chief of Police may receive an application to provide police-related secondary employment at a one-time event (e.g., a dance or concert) or for a very short duration of time (e.g., a non-recurring weekend antiques fair).

 

At the discretion of the Chief of Police, the coordination function for these types of short-term assignments may be delegated to a District Commander rather than being assigned to a subordinate-rank off-duty coordinator.

 

Where such delegation occurs, the District Commander may post the job offerings and accept request calendars in accordance with the procedures described in sub-section III.D.7 above. The District Commander also has the option to solicit individual officers directly if time constraints and/or other logistical and operational needs so require.

 

Finally, the District Commander may perform the coordination function for these short-term assignments while on duty, as part of his or her departmentally assigned managerial responsibility. District Commanders shall not, however, receive or accept any compensation for off-duty coordination work, regardless of when such work was performed.

 

Chief of Police

Arlington County Police Department

1425 North Courthouse Road

Arlington, VA 22201