Syracuse, N.Y.

Police Department

General Rules and Procedure Manual

 

16.00 Policy: Secondary Employment

 

The purpose of this policy is to establish guidelines and procedures for secondary employment. It is the policy of the Syracuse Police Department to permit members to engage in secondary employment, when such employment does not violate existing law, ordinance and departmental policies, procedures and rules, or that would tend to constitute a conflict of interest or bring discredit upon the department.

 

Any employee who desires to engage in secondary employment must recognize their primary duty, obligation and responsibility is to the Syracuse Police Department.

 

No employee may engage in other employment, including self-employment during duty hours or outside such hours to the extent that such extra work affects or is likely to affect the usefulness of that employee to the department.

 

16.10 DEFINITIONS

 

A. Employment -- The provision of a service, whether or not in exchange for a fee or other service.

 

B. Secondary Employment Any long or short-term secondary employment, including self-employment and department volunteer overtime details.

 

16.11 PROCEDURE

 

16.12 GENERAL PROVISIONS

 

No member of the Syracuse Police Department may engage in any secondary employment, including self-employment, without prior written approval of the Chief of Police. Employees may not engage in any secondary employment without an approved secondary employment permit that is filed with the Personnel Division.

 

The Chief of Police may waive the requirement for written authorization for certain secondary employment.

 

Secondary employment may not exceed twenty (20) hours per week. A week shall be defined so as to ensure that sixty hours total shall not be exceeded in any one hundred and sixty eight-hour or seven -day periods.

 

All department overtime details for which a police officer volunteers, with the exception of outside carrier dome details and any other extra-duty work ordered by the Chief of Police, will be considered temporary secondary employment and shall be included in the twenty hours that a police officer may engage in such employment.

 

Secondary employment shall not relieve officers of their obligation to respond when called to duty at any time of the day or night for emergency situations, special assignments, overtime duty, or to promptly investigate law violations observed by them or that are called to their attention while in the performance of secondary employment.

 

Members are prohibited from engaging in secondary employment while on medical leave or limited duty status.

 

Members will be prohibited from engaging in secondary employment while attending the police academy or while on probationary status.

 

An exception may be made provided a probationary officer will work directly with an experienced officer who is not on probation.

 

Members shall not engage in secondary employment that would require special scheduling of the member's on-duty working hours, without the approval of the Chief of Police.

 

Members shall not wear or use police department uniforms or equipment in connection with any secondary employment without the approval of the Chief of Police. When the wearing of the police uniform is authorized:

 

Such uniforms shall be worn in accordance with departmental directives and standards.

 

Officers shall be responsible for any uniforms or equipment damaged in the course of the employment. Exceptions may be made, at the discretion of the Chief of Police, when damage to the uniform was inflicted while the officer was actually involved in making an arrest or enforcing the law.

 

The police uniform shall not be worn when officers are employed as Flagmen. Employers shall comply with the Standards for Occupational Safety and Health, U.S. Department of Labor.

 

The department will not compensate members for court appearances resulting from secondary employment other than those directly related to police duties and responsibilities.

 

Members shall not devote any portion of their on-duty time to the pursuit of any personal or private business or enterprise or charitable association.

 

For the purpose of promoting Officer Safety, when a police officer or community service officer engages in secondary employment that is within the geographic boundaries of the City of Syracuse and when the nature of the employment places the member in view of public citizens, the member must, prior to the start of the employment, notify the Police Department Information Desk and provide the following information:

 

* Name and IBM number

* Portable Radio Number

* Address and/or location of the secondary employment

* Time period that the secondary employment will encompass.

 

During periods of secondary employment as described above, a police officer and community service officer is responsible for monitoring their assigned portable radio on the radio channel designated for location of the secondary employment.

 

16.13 SPECIAL PROVISIONS & PROHIBITIONS REGARDING SECONDARY EMPLOYMENT

 

Employees are required to be familiar with and abide by all applicable laws, ordinances, statutes, rules and regulations as existing or as amended, regarding secondary employment including the following:

 

·        New York State General Municipal Law, Article 10, Section 208-d.

·        Alcohol Beverage Control Law, Article 8, Section 128.

·        Racing, Wagering and Breeding Law, Section 107.

 

Any other applicable statute as existing or amended.

 

The following are some of the types of employment or employment situations that police officers are prohibited from engaging in, as governed by the aforementioned statutes.

 

·        Any employment involving bail bond agencies.

 

·        Investigative work for insurance companies, private guard services, collection agencies or attorneys.

 

·        Employment that is connected with the towing of vehicles.

 

·        The performance of tasks other than those of a police nature while in police uniform.

 

·        As a participant in any professional fighting, boxing or wrestling matches.

 

·        As a process server or bill collector or in any other employment in which police authority might tend to be used for private purposes of a civil nature.

 

·        Employment that aides or assists in the preparation of a case for the defense, in any criminal action or proceeding.

 

·        Employment with any establishment, organization or business that sells or dispenses alcoholic beverages is prohibited.

 

The Chief of Police may grant special permission under certain circumstances such as Carrier Dome details, community festivals and charitable functions.

 

·        Employment associated with any event or in any establishment where illegal, immoral, pornographic, or questionable sexually explicit activity is being conducted.

 

·        Any employment which may require access to police information, files records or services as a condition of employment

 

·        Any employment that:

 

·        Causes or may cause an officer to compromise their official position or duty as a police officer.

 

·        May bring the employee or department into disrepute or impair the operation or effectiveness of the employee or department.

 

·        The member knows, or should know, might result in a conflict of interest.

 

Secondary employment requiring more than three police officers for a specific event must have a supervisor actually present.

 

Officers performing secondary employment are acting in the capacity of a Syracuse Police Department police officer and shall at all times act in accordance with department rules, regulations, procedures, policies, guidelines and standards established for police officers during performance of their duties. The police officer will act as a reasonably prudent officer would under like circumstances while engaged in on-duty employment.

 

Only police officers may wear the departmental uniform while working secondary employment. Officers are not authorized to wear the departmental uniform for any secondary employment that is outside of the geographic boundaries of the City of Syracuse.

 

Employees are not permitted to engage in any form of secondary employment during any period of medical leave (sick, injured-on duty, injured-off duty or assigned lightduty status). An employee assigned to light duty status may request permission to engage in secondary employment by submitting a detailed interdepartmental memo (10.1) to the Chief of Police through the chain of command. The memo will be processed like a secondary employment request. The employee must include the following in the request:

 

* Type of injury/illness and extent of physical limitation(s)

* Type and nature of the secondary employment

* Specific activities/conditions of employment

 

Employees engaged in secondary employment are solely responsible for expenses incurred for treatment and care of injury, illness, or damage to uniforms, equipment, or personal articles resulting from such employment.

 

The Chief of Police may make exceptions in cases where an employee may be actually involved in making an arrest or enforcing a law.

 

Loss of pay or vacation time may result from any absence from duty due to injury or illness caused through any secondary employment.

 

All officers engaging in secondary employment are required to notify and ensure that their secondary employer is made aware of the departments policy and procedures governing secondary employment.

 

16.14 SECONDARY EMPLOYMENT REQUESTS

 

All requests from prospective employers for the services of off duty employees must be referred to the Personnel Division. This includes long-term as well as limited or temporary employment.

 

Requests for secondary employment must be made by completing the “Secondary Employment Request/Permit” (Form 9.3a). Employees are prohibited from engaging in secondary employment unless the Permit is approved and filed with the Personnel Division.

 

The Personnel Division shall maintain a list of employees desiring to engage in secondary employment. Employees interested must request to be placed on the list by submitting a 10.1 to the Personnel Division. The 10.1 must list the following:

 

* Officers Name

* Rank

* IBM

* Date of Appointment/Promotion

* Portable Radio #

* Assignment

* Rest Days

* Duty hours

* Home Phone Number/Pager

 

When a request for police service is received, the Personnel Division will distribute such employment evenly so all officers have an equal opportunity for employment.

 

An employee may decline to accept employment. However, refusals may be considered in future delegation of employment opportunities.

 

If an employer requests the service of a particular employee, such request may preclude the canvassing of the list of available employees.

 

Employees receiving personal requests for their services in any temporary part-time employment must notify the Personnel Division of such request prior to acceptance.

 

If requests are received when the Personnel Division is not normally open, the employee may seek approval from the Duty Chief, and must notify the Personnel Division in writing on Form 10.1 of the circumstances no later than their next tour of duty.

 

The report must include the employers name, date, location, type of employment, hours worked, amount of pay per hour and whether the employment is in uniform or plainclothes.

 

16.15 SECONDARY EMPLOYMENT REQUEST PROCEDURE

 

Employees who desire to engage in secondary employment shall submit a completed Secondary Employment Request/Permit (Form 9.3a original only) to their respective command officers.

 

The information required on the Form 9.3a, excluding signature, shall be typed.

 

The submitting employee will sign the request after the employer has signed it. The signatures acknowledge that both employee and employer understand all provisions related to secondary employment and that they have read the reverse side of form 9.3a and authorizing the Chief of Police or his designee to examine secondary employment records.

 

Command Officers will review the requesting employees application. Command Officers will have a thorough understanding of the type of secondary employment being considered in order to determine whether or not the employment is of a prohibited type. After such review, the command officer shall recommend either approval or disapproval of the secondary employment request/permit.

 

If a command officer recommends disapproval, an Inter-departmental memo (form 10.1) will be completed indicating the reason. The 10.1 will be forwarded with the secondary employment request/permit to the next appropriate command officer.

 

The Command Officer shall forward the request to the Commanding Officer of the Personnel Division who shall review and verify the information, attach a 10.1 with comments if necessary, and forward the request to the Chief of Police or Deputy Chief of Police.

 

The Chief of Police or respective Bureau Deputy Chief of Police will approve or disapprove the request, and may add certain conditions or stipulations relating to the employment in accordance with General Municipal Law Section 208-d.

 

The Secondary Employment Request/Permit, whether approved or disapproved, shall be forwarded to the Personnel Division with all supporting documentation where the original shall be retained on record.

 

Two copies of the request/permit shall be forwarded to the requesting employees command officer. The command officer will forward one copy to the requesting employee.

 

The requesting employee, upon receipt of an approved Secondary Employment Request/Permit, is then authorized to begin such employment.

 

The procedure for obtaining a Secondary Employment Request/Permit shall apply for position changes of secondary employment.

 

16.16 RENEWAL OR CANCELLATION OF SECONDARY EMPLOYMENT

 

Approved Secondary Employment Request/Permits will be valid until March of each year and only for the employment specified in an originally approved request. Changes require the processing and approval of additional work permits.

 

Employees shall notify the Personnel Division, in writing, whenever any of the following conditions or change occurs:

 

* When the scope and nature of duties of secondary employment change.

* When the hours of secondary employment change.

* When either the employer or employee terminates employment.

 

Secondary Employment Request/Permits are valid until March 31 of each year and must be renewed annually if the employee desires to continue such employment beyond the expiration date. The procedure for renewal is the same as for obtaining an original permit (Section 16.15), except that Form 9.3a will indicate renewal rather than original.

 

The Department will notify employees that Secondary Employment Request/Permits are due to expire at least thirty days prior to March 31. An employees request for renewal must be submitted at least ten days prior March 31 and must be approved by the expiration date before employment may continue.

 

Upon an employee requesting renewal, command officers will review the requesting employees medical leave for the period to determine if there is reasonable cause to believe that a pattern of abuse of the use of medical leave exists. If a pattern is discernable, then the employee will be notified and asked to provide an explanation which may include a comparison of the days and hours worked with the days and hours of medical leave used. If the employees explanation is unsatisfactory and there is reasonable cause to believe that the employees use of medical leave is related to secondary employment, the command officer shall prepare a 10.1 describing the facts as they exist and recommend either approval or disapproval. The request and 10.1 will be forwarded to the Personnel Division.

 

The Chief of Police, Deputy Chief of Police or Command Officer may cancel approved secondary application requests at any time for cause. If a permit is so cancelled the Personnel Division will be notified immediately.

 

16.17 PERSONNEL DIVISION RESPONSIBILITIES

 

The Personnel Division shall have staff control over secondary employment and shall maintain records relating to such employment.

 

Whenever an employee notifies the Personnel Division that a secondary employment permit has been terminated, the Personnel Division shall make notation void on the Permit. Should an employee wish to renew the permit it will be necessary to reapply for a new permit.

 

Whenever an employee notifies the Personnel Division of changes in the nature and scope of duties of a secondary employment position, the Personnel Division shall ensure that the new duties do not violate departmental policy, procedure or rules.

 

The Personnel Division will review secondary employment files regularly to ensure that departmental policy and procedures are being followed.

 

The Personnel Division shall monitor the sick leave records of employees engaged in secondary employment to ensure that employees are not working beyond their physical or mental capabilities to the extent that their primary responsibility to the Department and City, and the well being of the employee, are jeopardized.

 

When there is an indication that an employee is working beyond physical or mental capabilities, the Personnel Division shall consult with the concerned employees Command Officer to determine an appropriate course of action, including but not limited to:

 

* Suggesting the number of hours of secondary employment be reduced.

* Ordering the secondary employment be discontinued.

 

Syracuse Police Department

511 South State Street

Syracuse, NY 13202