National Criminal Justice
Institute
Model Policy
Section 67
Off Duty: Police Activity, Neighborhood Disputes
Policy:
Due
to the nature of law enforcement activities, it is necessary for employees to
be subject to call out at all times. It is the policy of this department to
allow the highest ranking supervisor or senior officer on duty, at the time a
situation occurs, to evaluate the circumstances and determine what additional
resources, (personnel, equipment, etc.), if any, are needed.
Purpose:
The
purpose of this policy is to establish guidelines for all employees to follow
concerning call out procedures, and actions to be taken by off duty officers in
certain situations.
Definitions:
A.
Conflict of Interest: A conflict of interest, concerning police activities
within this agency, occurs when an employee of this department becomes involved
in a situation, (acts or intervenes in a case), for which the employee has a
particular interest in the outcome.
Procedures:
a. It
shall be the responsibility of the highest ranking supervisor/officer on duty
to notify the Chief of Police in the event that a call out is being
contemplated. An exception to this rule will apply in situations such as a
minor felony offense, (battery, burglary, theft, etc.), for which an
investigating officer is needed to perform a follow up investigation. The Chief
of Police will always be notified concerning any major crime, event, or
catastrophe.
b.
All employees of this agency will be considered as being "off duty"
at any time other than during regularly scheduled working hours.
c.
All employees of this agency will be subject to call during their "off
duty" time.
d.
Employees shall be subject to emergency stand-by as deemed necessary by the Chief
of Police or his/her designee.
e.
Law Enforcement Action While Off Duty:
1. An
officer shall act in his official capacity, whether on or off duty, if he
observes an incident requiring law enforcement action in which time is of the
essence, or if his action will safeguard life or property or prevent the escape
of a criminal.
2. An
officer shall not take action, other than to safeguard life and property, in
any situation for which he/she would be considered to have a conflict of
interest.
3. An
off duty officer in plain clothes will not place themselves in a situation,
because of their appearance, which would create a substantial risk of injury to
the officer or others. Intervening in a domestic dispute for which no physical
altercation is occurring is an example of this type situation. An officer
should, however, contact the department for deployment of uniform personnel.
4. An
off duty officer will carry his/her official police department identification
and duty weapon at all times when off duty and away from home.
c.
Neighborhood Disputes
(1)
Officers shall not intentionally become involved in or attempt to intervene in
neighborhood quarrels or disputes involving their neighbors. These disputes
shall be handled by disinterested persons, and the officer assigned to patrol
the area shall be called when necessary.
(2)
Officers shall not make arrests in their personal quarrels or those of their
family or neighbors unless such action is warranted by the immediate threat of
serious bodily harm or property damage.
d. In
any situation requiring the utilization of additional resources, the Chief of
Police will have the responsibility of contacting the mayor/city manager as
soon as it is reasonably possible.
e.
Call out in all situations involving off duty personnel will require the use of
discretion by the supervisor/highest ranking officer in charge and will depend
on the circumstances associated with each incident.
Criminal
Justice Institute
7723
Asher Avenue
Little
Rock, AR 72204-7503
Phone: (501) 570-8000