Naperville, Illinois

Police Department

General Order

Off-Duty and Extra-Duty Employment

Order Number: 22.4

Effective Date: 01/01/97

Revised Date: 02/05/03

Reference: CALEA 22.3.3 and 22.3.4

Index as:

22.4.1 Off-Duty/Extra-Duty Employment

22.4.2 Limitations 0n Employment

22.4.3 Conduct During Employment

22.4.4 Personnel Selection

22.4.5 Extra-Duty Employment for Special Events

PURPOSE:

The purpose of this order is to set forth guidelines to govern off-duty or secondary employment by Department employees.

DEFINITIONS:

Employment: The provision of a service, whether in exchange for a fee, service or product. Employment does not include volunteer charity work.

Extra-Duty Employment: Any employment that is conditional on the actual or potential use of law enforcement powers by the police officer employee. The service is rendered during a period of time not within the employee's assigned hours of duty (including training, holdovers and court).

Good Standing: The status of an employee who is not on suspension and whose overall job performance has been rated as satisfactory or better.

Regular Off-Duty Employment: Any kind of employment not within regular working hours. This employment does not require the use, or potential use of law enforcement powers by the off-duty employee. Both sworn and civilian employees are covered by this definition.

Special Event: An activity, such as a parade, festival, athletic contest, or public demonstration, that results in the need for control of traffic, crowds, or crimes.

ORDER:

22.4.1 OFF-DUTY/EXTRA-DUTY EMPLOYMENT

A. There are two types of off-duty employment in which an employee may engage:

1. Regular off-duty employment.

Employees may engage in off-duty employment that meets the following criteria:

a. Employment in which vested police powers are not a condition of employment; the work provides no real or implied law enforcement service to the employer, and is not performed during assigned hours of duty.

b. Employment that presents no potential conflict of interest between their duties as an employee of the department and their duties for their secondary employer. Some examples of employment representing a conflict of interest are:

1) Process server, repossessor, or bill collector, towing of vehicles, or in any other employment in which police authority might tend to be used to collect money or merchandise for private purposes.

2) Personnel investigations for the private sector or any employment which might require the police employee to have access to police information, files, records or services as a condition of employment.

3) In police uniform in the performance of tasks other than that of a police nature.

4) Assisting (in any manner) the case preparation for any civil action in which the City of Naperville is involved, or for the defense in any criminal proceeding.

5) Employment by a business or labor group that is on strike.

6) Occupations that are regulated by, or that must be licensed through the Police Department or the City of Naperville.

c. Employment that does not constitute a threat to the status or dignity of the police as a professional occupation. Examples of employment presenting a threat to the status or dignity of the police profession include, but are not limited to:

1) Employment selling pornographic books, magazines, sexual devices, or videos, or that otherwise provide entertainment or services of a sexual nature.

2) Any employment involving the sale, manufacture or transportation of alcoholic beverages as the principal business.

2. Extra-duty employment.

Employees may engage in extra-duty employment as follows:

a. Where a government, profit-making or not-for-profit entity has a contract (oral or written) with the police department for police officers in uniform who are able to exercise police duties.

b. Employees may only participate in extra-duty employment which is authorized and scheduled by the Department.

c. Types of extra-duty employment which may be considered for contracting include:

1) Traffic control and pedestrian safety.

2) Crowd control.

3) Security and protection of life and property.

4) Routine law enforcement for public authorities.

5) Plainclothes assignments.

22.4.2 LIMITATIONS ON EMPLOYMENT

A. Limitations on regular off-duty and extra-duty employment are as follows:

1. In order to be eligible for off-duty employment, a police employee must be in good standing with the Department. Continued Department approval of a police employee's off-duty employment is contingent upon such good standing.

2. Those employees who have not completed their probationary period, or who are on medical or other leave due to sickness, temporary disability or an on-duty injury, shall not be eligible to engage in regular off-duty employment.

3. Requests for off-duty employment may be denied if the employee's use of sick leave for the year prior to application is in excess of the department average.

4. Prior to obtaining off-duty employment, a police employee shall submit via the chain of command an Off-Duty Employment form (NPD Form #506) and obtain the approval of the division commander.

a. All employees engaged in off-duty employment will resubmit an Off-Duty Employment Approval form annually by February 1 and will resubmit this form any time there is a change in status.

b. The original form will be returned to the requesting employee and will indicate whether the application has been approved or denied.

5. An employee may work a maximum of 24 hours of off-duty and/or extra-duty employment in each calendar week.

6. Work hours for all off-duty employment must be scheduled in a manner which does not conflict or interfere with the police employee's performance of duty.

7. A police officer engaged in any off-duty employment is subject to call-out in case of emergency, and will be expected to leave the off-duty or extra-duty employment in such situations.

8. Permission for a police employee to engage in outside employment may be revoked where it is determined, pursuant to Department policy, that such outside employment is not in the best interests of the Department.

9. Uniforms, Department issued equipment, or city equipment of any kind shall not be used while the employee is in the actual performance of regular off-duty employment.

10. The Traffic Section Supervisor shall serve as the extra-duty employment coordinator and is responsible for the planning, staffing and coordinating of all police extra-duty employment (excluding emergency situations). All requests for police services for special events will be forwarded to the coordinator. The Patrol Division Commander will decide whether or not to approve the police services request.

22.4.3 CONDUCT DURING EMPLOYMENT

A. Sworn and non-sworn employees are deemed to be acting within the course and scope of official duties while fulfilling extra-duty assignments. They will conform to all directives of the Department.

B. In the event a sworn employee working an extra-duty assignment effects an arrest, he is responsible for completing the initial reports, with the exception of the arrest report and associated booking reports. An on-duty beat officer will respond to the scene, transport and book the prisoner, and check in any associated evidence or property.

C. In the event the employee is requested to work beyond the projected time period by the employing organization, the employee will notify the duty watch commander of the request for extension of duty and receive approval prior to extending the assignment.

22.4.4 PERSONNEL SELECTION

A. Personnel selection for extra-duty employment will be conducted pursuant to the provisions of any labor agreement between an authorized employee bargaining unit and the City of Naperville. Employees who are not covered by the provisions of an agreement will be selected on the basis of seniority.

1. Volunteers will be selected based upon seniority.

2. Exceptions to #1 are as follows:

a. Special events approved with prior notice of less than one week.

1) The method used to make assignments will be at the discretion of the Patrol Division Commander.

b. The Chief of Police may set minimum standards to be met by the officers for a specific event that includes specific skills, ability, experience or any other criteria set forth by the Chief. The Chief of Police reserves the right to personally choose officers for any event.

c. Once an employee accepts an assignment, he is committed to performing that assignment or is responsible for obtaining a replacement in advance. Approval of the substitution must be received from the extra-duty coordinator at least 24 hours in advance of the assignment.

22.4.5 EXTRA-DUTY EMPLOYMENT FOR SPECIAL EVENTS

A. When six officers or more are simultaneously engaged in extra-duty employment at the same time, one of the six officers must be the rank of sergeant or higher and must be present at all times.

Naperville Police Department

1350 West Aurora Avenue

Naperville, IL 60540