Topeka, Kansas
Police
Department
Standard
Operating Procedure
Subject:
Secondary Employment
Number: DM21
Code: S
Issued: 5 Jan 2004
Effective: 12 Jan. 2004
Review: 12 Jan. 2007
Rescinds: DM21 "Secondary
Employment" Issued 2 Jan 2002; SPO 03-11 Secondary Employment.
Other References: CALEA 22.3.3;
22.3.4.A,B,C,D,E; City Code 30-422; KAPE and FOP Contracts
Date Revised 9/30/1999; 8/7/2001; 7/31/03
POLICY
Officers working secondary employment in a
law enforcement capacity (extra duty employment) will abide by all Department
policies and procedures and are subject to Department supervision and command.
22.3.4.b The authority of sworn officers continues beyond their normal work
hours. Officers shall carefully consider the necessity of using police powers
while off duty, will defer such matters to on duty law enforcement personnel
when possible, and report any off duty intervention to the Watch Commander.
DEFINITIONS
D1 Secondary Employment -- Any outside
employment, which is either off duty or extra duty.
D2 Off Duty Employment -- Any employment
that is not conditioned upon the actual or potential use of law enforcement
powers by the officer/employee.
D3 Extra Duty Employment -- Any employment
that is conditioned upon the actual or potential use of law enforcement powers
by the officer/employee.
D4 Off Duty Use of Police Powers --
official acts in a law enforcement capacity taken at times other than the
officer's assigned duty. Such acts include, but are not limited to:
* Detaining, arresting, or citing persons
* Investigating incidents or offenses
* Using force in an official act, or
* Using the expressed authority of
position to perform an act
PROCEDURE
A. SECONDARY EMPLOYMENT IN GENERAL
1. The Secondary Employment application,
approval, and review process shall be handled by the Division Commander.
a. The Division Commander or designee
shall conduct an annual review of each officers secondary employment to ensure
compliance with this directive and verify that proof of liability insurance is
up to date. The designee may also make recommendations for revocation of any
secondary employment when an officer is found in violation of this policy.
22.3.4.c,d
2. Application -- Employees desiring to
work secondary employment must submit their application to the Division
Commander via the Chain of Command. The Secondary Employment Request form must
be approved by the Division Commander, if the Division Commander is not
available, the Watch Commander may approve the request. Division or Watch
Commander approval must be received prior to engaging in the specified
employment. 22.3.4.a
a. The application shall include a
Secondary Employment Request form, a proof of liability insurance, an extra
duty employment agreement and a copy of their merchant guard license.
b. The Secondary Employment Request form
shall be dated from the beginning of employment to the end of the current year,
or shall cover a calendar year (Jan - Dec).
c. A current Merchant Guard License fee
receipt from Records shall be submitted to comply with City Ordinances
requiring the security guard licensing fee. This should be attached and cover
the time period listed on the Secondary Employment Request form.
d. The proof of liability insurance shall
be in the amount specified in Section 30-422 of the City Code of Topeka, and
amendments thereto.
(1) The Division Commander, or designee,
shall submit the insurance policy to the City Attorney's Office for approval as
to form, pursuant to City Code Sec. 30-422 and amendments thereto. The Division
Commander shall not approve the Secondary Employment Request until the City
Attorney has approved.
(2) If exigent circumstances are present
and there is inadequate time to receive approval from the City Attorney's
Office the Division Commander may give a tentative approval until the City
Attorney's Office sends approval.
e. Officers shall not work for employers
after the proof of liability insurance in their file has expired.
f. No employee may work extra duty until
the employer provides a signed Extra Duty Liability Waiver agreement for each
officer they employ. The Extra Duty Liability Waiver releases the City from
liability, including legal fees defending the officer, resulting from the
officer's performance of duties expected as part of the extra duty employment.
It also commits the employer to accept liabilities not covered by their
insurance.
3. No legal authority is extended past our
jurisdiction. The officer may not perform extra duty employment outside the
jurisdiction of the city of Topeka.
4. A recruit Police Officer is not allowed
to work secondary employment of any type until successful completion of the
Recruit Academy.
a. Upon completion of the Academy, the
graduate who is assigned to a Field Training Officer may work off duty
employment, but is not allowed to do extra duty employment.
b. After the recruit is released from a
Field Training Officer the recruit may work extra duty employment, with the
approval of the Division Commander.
5. Secondary employment is prohibited in
any form of employment that may involve a potential conflict of interest
between the secondary employment and duties as a Topeka Police Officer, or when
the nature of the work is determined to be detrimental to the professional law
enforcement goals of the Topeka Police Department. Examples of prohibited
secondary employment includes work for: 22.3.3
a.
Private
investigative agencies (Any employee currently owning such licensed agency is
exempt from this provision),
b.
Establishments
whose primary business is to sell liquor or cereal malt beverage (Whether such
employment is to work inside the building or outside the building is not the
determining factor. Such work shall not be performed on the premises of such
establishment, including the parking area commonly used by the patrons of such
establishment. The Chief of Police, or his designee, will make final
determination of whether or not an establishment meets the criteria to allow
secondary employment.),
c.
Establishments
selling pornographic books, magazines, sexual devices or videos, or that
otherwise provide entertainment or services of a sexual nature,
d.
Any gambling
establishment not exempted by law,
e.
Collection
agents,
f.
Pawn Shops,
g.
Taxi cab
companies driving a cab,
h.
Tow truck
operators,
i.
Firms or
organizations conducting personnel investigations for the private sector or any
employment that might require the officer to have access to police information,
files, records or services as a condition of employment,
j.
Any firm or
organization that assists, in any manner, the case preparation for the defense
in any criminal or civil action or proceeding,
k.
Bail
bonding/bondsman, and
l.
Any other
work that presents a conflict of interest question as determined by the Chief
of Police.
6. Any employee, who is off duty due to
any type of "Sick Leave" status, shall not engage in secondary
employment during assigned duty hours.
7. Employees on active duty military leave
may engage in secondary employment if approved by the military, provided they
comply with this SOP and maintain required Department training.
8. Employees may not work more than 16
hours in any 24-hour period including Department duties and secondary
employment duties. Time begins on their regular shift time every day of the
week. Exceptions to this may be:
a.
If an
officer is on approved leave time, and the secondary employment is off duty
(not law enforcement related).
b.
Revoke/prohibit
the specific secondary employment at issue. 22.3.4.c
B. OFF DUTY EMPLOYMENT (Employment not
requiring actual or potential use of police powers by the employee)
1. Employees will not wear Department
uniforms or department identification while performing off duty employment. See
Definition 2.
2. If off duty services are rendered in
exchange for free or reduced rent:
a.
Services
will be performed while off duty; and
b.
The employee
will not become engaged in the eviction process.
C. EXTRA DUTY EMPLOYMENT (Employment which
uses or potentially may use police powers.)
1. No Topeka Police Department employee
may own, operate, or have a financial interest in a Security Company operating
in the City of Topeka.
a.
Employees
currently owning such companies, licensed as of the effective date of this
order, are exempted for as long as the currently licensed company maintains a
City of Topeka Merchant Guard company license naming the employee as owner.
2. The above provisions must be met
whether or not a uniform is worn at extra duty employment. 22.3.4.b,c
3. Sworn officers are permitted to wear
the Department standard issued uniform if requested by the extra duty employer.
a.
Officers are
not permitted to wear the Topeka Police Department uniform nor utilize any city
owned equipment while working for any security company
4. Except when working for a security
company, Officers may use their assigned hand held radios while working extra
duty employment. 22.3.4.b
a.
Officers are
not required to monitor or use these radios during extra duty status.
b.
If used,
Officers will practice radio discipline and keep transmissions to a minimum.
c.
The radios
are to be used ONLY in emergency situations in which immediate police
assistance is needed.
d.
Officers
will not be compensated for off duty use of the police radio.
e.
If the
officer uses the radio while off duty and is not assigned a personal unit
number, the officer will use his IBM Number preceded by "1".
(Example: if IBM # is 101, identify yourself as Unit 1101).
5. Use of Police Powers -- Officers
working extra duty in uniform or plain clothes may take law enforcement action
in the same manner as on duty officers. 22.3.4.b
6. Any sworn officer who is on "Light
Duty" status shall not engage in Extra Duty Employment until returned to
full duty.
7. Employees on active duty military leave
may engage in extra duty employment if approved by the military, provided they:
a. Comply with Department policy and
procedures, and
b. Do not suspend their professional
liability insurance coverage as allowed by U.S. Code.
c. Maintain required Department training.
D. USE OF POLICE POWERS WHILE IN OFF DUTY
STATUS 22.3.4.b
1. Weigh the risks/hazards before taking
any off duty law enforcement action. Some of these risk/hazards are:
a. Difficulty of identifying one's self as
an officer;
b. Possibility of mistaken identity by the
public and/or other law enforcement personnel;
c. Lack of radio communications;
d. Confusion which may result from
third-party phone calls to law enforcement agencies and/or the CECC;
e. Lack of back up; and
f. Unavailability of equipment, which may
be needed.
2. Unless it is a condition of extra duty
employment, off duty law enforcement action should ONLY be taken if there is an
immediate threat of significant harm to persons or property, no reasonable
alternative exists, and when immediate action is required.
3. Unless it is a condition of extra duty
employment, off duty law enforcement action should NOT be taken in the
following cases:
a. Traffic infractions or minor
misdemeanor crimes;
b. Mere disturbances, when there is no
threat to public safety;
c. Any incident where on duty law
enforcement personnel can be summoned without jeopardizing public safety; and
d. Circumstances where the risk created by
the officer's intervention appear greater than the hazard created by the
incident itself.
4. Officers shall not take any law
enforcement action pertaining to their own personal disputes or affairs unless
there is an immediate threat of significant harm to persons or property and no
reasonable alternative exists.
5. Officers shall announce their identity
and authority whenever taking any law enforcement action, and should display
their badge and ID Commission card. Officers should consider possible problems
and alternatives before they intervene in incidents when they do not have their
official ID and sidearm.
Topeka
Police Department
320 South
Kansas Avenue
Topeka, KS
66603