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