Richmond, Virginia

Police Department

General Orders

Outside (Off Duty and Extra) Employment

Series: 105

Number: 1

Effective Date: 01/07/05

Review Date: 2008

Reviewing Office: Special Service

NOTE: This directive is for internal use only, and does not enlarge an employee's civil liability in any way. It should not be constructed as the creation of a higher standard of safety or care in an evidentiary sense, with respect to third party claims. Violation of this directive, if proven, can only form the basis of a complaint by this department, and then only in a non-judicial administrative setting.

References: City of Richmond Personnel Rules 2.15, 6.15; VLEPSC PER.04.01, PER.04.02; Administrative Regulation 5.5; Code of Virginia 46.2-812; Fair Labor Standards Act

I. PURPOSE

The purpose of this Order is to set forth guidelines to govern outside employment by civilian and sworn members of the Richmond Police Department.

II. POLICY

The Chief of Police must ensure the continued efficiency and effectiveness of the Department while simultaneously reducing or eliminating conflict of interest. To this end, the Chief shall manage, according to whatever reasonable controls he deems necessary, to restrict or regulate the conduct of employees. It is the policy of this Police Department to provide guidelines to employees regarding all types of outside employment and to establish procedures to maintain accountability for the welfare of the Department and its employees.

III. DEFINITION

A. OUTSIDE EMPLOYMENT -- The provision of a service, whether or not in exchange for a fee or other consideration, which is outside the normal job for which an individual is employed by the City. There are two types of outside employment -- "Off-Duty" and "Extra."

1. Off-Duty Employment -- Any outside employment that is conditioned on the actual or potential use of law enforcement powers by the employee. There are two types of off-duty employment:

a) Private Contract -- The employer enters into an agreement that requires the employer to handle all payroll issues and make payments directly to the officer. There are four classifications of private contracts:

(1) Short term -- one time or sporadic jobs coordinated by the Off-Duty Coordinator and posted on the Off-Duty Employment System (ODES).

(2) On-going/small -- Long-term jobs that have an assigned coordinator and have less than ten officers in its eligibility pool.

(3) On-going/large, OPEN -- Long-term jobs that have an assigned coordinator and have more than ten officers in its eligibility pool. Eligibility pools for these jobs must be developed following the random selection procedures outlined in Section IV.

(4) On-going/large, CLOSED -- Long-term jobs that have an assigned coordinator and have more than ten officers in its eligibility pool. These jobs must develop an eligibility pool. However, due to special hiring and training practices by the employers, the pool is closed after initial selection. Personnel are added on an as-needed basis.

b) City Contract -- Whenever another city agency is the employer the employee must be paid at his/her OVERTIME RATE through that agency's payroll.

2. Extra Employment -- Any outside employment that will not require the use or potential use of law enforcement powers by the employee. In the case of civilian employees, this will include any employment outside the regular assigned duties.

NOTE: Any self-employment, volunteer or bartered work that involves the actual, potential or implied use of law enforcement powers will be treated as "Off-Duty Employment". Otherwise, it will be treated as "Extra Employment."

B. ELIGIBILITY POOL -- This is the group of officers that has received authorization to work a particular long-term job. A coordinator will staff a job only with officers in this "pool". The size of the job and the amount of coverage needed will determine the size of the eligibility pool.

C. OFF-DUTY EMPLOYMENT SYSTEM (ODES) -- This is the web-enabled computer program that houses all off-duty employment records. Employees will be able to view all off-duty assignments, as well as sign-up to work short term jobs.

D. INITIAL TRAINING PERIOD -- The period of time a police recruit is under employment restrictions. This period ends one year after the employee's graduation from the basic police academy.

IV. PROCEDURE

A. Responsibilities:

Officers should be aware that outside employment is a privilege granted to employees. The Department may prohibit any and all officers from working in an outside capacity, particularly if such employment is detrimental to the Department.

1. In order to be eligible for outside employment, a police employee must be in good standing with the Department and have received at least a satisfactory rating on his/her last employee performance evaluation. Any employee who has an annual performance rating of less than "Satisfactory" shall be prohibited from working off duty for 12 months. Continued departmental approval of an employee's outside employment is contingent on such good standing.

2. Employees shall ensure their ability to perform (their regular work duties) and the quality of their work will not be adversely affected by any outside employment.

3. Personnel performing any type of outside employment are subject to Department Policies (General Orders, Operations Orders, and Executive Orders), City Administrative Regulations and City Personnel Rules.

4. Permission for a police employee to engage in outside employment may be revoked if it is determined that the employment is not in the best interest of the Department. Upon request, the Chief of Police or designee will review revocations.

5. Unsatisfactory performance while engaged in outside employment may result in departmental sanctions as well as the employee or officer being restricted from all outside employment. The Off-Duty Employment Coordinator or the Job Coordinator will investigate and take the appropriate action. Personnel that are on suspension are ineligible to work off duty and must notify the Off Duty Coordinator of their suspension. Unsatisfactory performance includes, but is not limited to:

a) Unexcused tardiness

b) Failure to report for duty, after signing up to perform the duty

c) Improper performance or failure to perform the duties for which hired

d) Unnecessarily congregating with others

e) Failure to follow instructions of site supervisor

f) Failure to file a PD-57 as required

6. Any police officer engaged in outside employment is subject to being called back to work in case of an emergency. If so, he/she is expected to return to duty, regardless of prior outside employment arrangements.

7. Any officer engaged in off-duty employment who is injured or who uses force in any manner must report that fact to an on-duty supervisor immediately. All departmental procedures will then be followed. If the assignment has an off-duty supervisor, that individual should, if feasible, compile all necessary paperwork.

8. Any arrest made while off-duty must be reported to an on-duty supervisor. Court dates for arrests made while off-duty must be set on the officers assigned court dates.

B. Regulations:

The following regulations are applicable to all outside employment.

1. Conflict of Interest -- Outside employment will not be permitted if it constitutes a conflict of interest. Examples of some conflicts are:

a) A bail bondsman or bounty hunter, a process server, repossessor, bill collector, towing of vehicles, or any other employment in which police authority might tend to be used to collect money or merchandise for private purposes.

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

c) Any job in police uniform, requiring the performance of tasks other than that of a police nature.

d) Assistance (in any manner) in case preparation for the defense in any criminal or civil action or proceeding.

e) Employment by a business or labor group involved in a labor dispute or strike.

2. Status and Dignity -- Outside employment will not be permitted if it constitutes a threat to the status or dignity of the police as a professional occupation. Examples of some threats are:

a) Establishments that sell pornographic items, or provide entertainment or services of a sexual nature.

b) Any gambling establishments not exempt by law.

3. Work Hour Restrictions:

a) Employees may not engage in patrol overtime or outside employment (on-duty, off-duty, or a combination of both) for more than 16 hours in any consecutive 24 hours.

b) No officers will work any combination of jobs that will cause them to drive a vehicle over 13 hours in any consecutive 24 hours.

c) Department members must have at least eight hours rest during the 16 hour period prior to reporting to their regular Department assignment.

d) No member of the Department shall work any combination of on-duty, patrol overtime, off-duty or extra employment totaling more than seventy- six (76) hours in any consecutive seven days without prior approval from the Off-Duty Employment Coordinator. For the purposes of calculating the seven day total, the seven days will begin at midnight of the first day and end at midnight on the seventh day thereafter.

e) Employees may not work a combined total of more than 144 hours of outside employment or patrol overtime in any consecutive four-weeks. This includes hours worked while on vacation, compensatory, and other leave. The only exceptions will be for work performed due to a primary job related emergency and due to court overtime or with prior approval from the Off-Duty Employment Coordinator.

4. General Restrictions:

a) Any employee may be required to discontinue outside employment if such outside employment activity or enterprise interferes with the employee's performance, attendance, promptness, ability to work overtime or ability to work emergency hours.

b) Police recruits, shall not work off-duty in any capacity during their initial training period.

c) Police officers on probation are prohibited from working off-duty for private concerns. Police officers on probation may work department sponsored overtime (special initiatives, special assignments, patrol overtime, etc.) with the approval of the immediate supervisor. A supervisor should grant such approval only after he/she is sure the probationary officer has clearly demonstrated the ability to work without close supervision or guidance. This approval will be in writing and forwarded to the Training and Development Unit for file.

d) No supervisors will be allowed to work the same employment, at the same hours and be supervised by an employee of a lower rank regardless if the lower rank person coordinates that employment. (Any exceptions to this must be approved by the Off Duty Coordinator.)

e) Captains and above shall not engage in off-duty employment without the specific approval of the Chief of Police.

f) The wearing of plain clothes during any off-duty employment is prohibited without direct approval of the Chief of Police. Assignments will be performed in Class A or B uniform with all issued equipment.

g) Employees shall not engage in any outside employment during on-duty hours. This includes the sale of products, consulting, or scheduling appointments to meet with customers.

h) Employees who are on injury leave shall not engage in off-duty or extra employment. Employees who are on leave without pay, light duty, have had their police powers suspended or on military leave or are on a probationary status may not engage in off-duty employment.

i) Employees who are on leave without pay, have had their police powers suspended, are on military leave or are on a probationary status may not engage in Department scheduled overtime.

j) Employees who are not prohibited from working beyond the physician recommended light duty status may engage in department scheduled overtime for any positions: 1) that do not require the use of sworn police powers and 2) as long as the employee has the requisite skills required by the position.

k) The determination of whether an employee on light duty may engage in extra employment will be made on a case by case basis by the Major of the affected service.

l) Employees who are on light duty may be restricted from extra employment depending upon the nature of the injury, the nature of the restrictions placed upon the employee for medical reasons and the nature of the extra employment.

m) Whenever an employee utilizes sick leave for personal illness, he/she is prohibited from working any outside employment for a 24-hour period, e.g., an officer working 2100-0700 shift calls in sick, the officer is then prohibited from working any outside employment until 2100 hours the next day. Any employee who will miss an off-duty assignment due to illness must contact the Off-Duty Coordinator (or the job coordinator) and the employer no less then one-hour before the assignment.

n) No employment outside the City limits for the purpose of law enforcement is allowed without prior approval from the Chief of Police or designee.

o) Employees assigned to the Narcotics Unit of the Organized Crime Division shall not be permitted to perform any patrol overtime or any off-duty employment.

p) No employee will work any job for cash.

q) A City employee may not use his/her City position as a referral for outside employment. An example of abuse would be a police officer referring the victim of a burglary to the officer's self-employed business for installation of new locks or an alarm system.

r) City equipment, facilities, vehicles and supplies cannot be used as a support mechanism for employees relating to any outside employment, except with the approval of the Off-Duty Employment Coordinator. This does not include standard uniform and equipment, i.e.) weapon, handcuffs, radio. Vehicles, horses, bicycles, motorcycles, etc. may be approved if they provide a significant benefit to the Department.

s) No Department member will be permitted to work in an establishment where "on premise" alcoholic beverages are sold, regardless of the type of employment. Exception: Certain establishments may be approved for officers to work the exterior of a business with a valid ABC license, but officers will respond to the interior only in response to a call for assistance and only for the time needed to handle the incident. This does not include special events sponsored by the City, City facilities, private events, or with the approval of the Off-Duty Employment Coordinator.

t) Officers are prohibited from initiating civil action against off-duty employers relating to payment of fees. Off-duty employment is a service the Department provides and the Department will initiate all recoveries. Any pay dispute must be brought to the Department's attention. Officers will receive compensation for all Department-approved jobs.

C. Administration:

1. The Richmond Police Off-Duty Employment System (ODES):

a) The Richmond Police Off-Duty Employment System will be the official depository for all outside employment data. This will include employee and employer records. The department's Off-Duty Coordinator will maintain and administer the system.

b) All officers will have access to this system via Department computers. Officers should refer to the ODES user guide for navigation instructions.

c) The Department must approve all outside employment. All jobs listed on the ODES have been approved. If a job is not listed in the ODES it should be assumed it has not been approved and cannot be worked. It is the officer's responsibility to check the ODES to ensure a job is approved.

d) All "Short-term" jobs will be posted on the ODES and coordinated through that system. The system will allow all officers to view and immediately sign-up for posted short-term jobs. Officers that are assigned short-term jobs through the ODES are approved electronically and do not need to submit any paperwork.

e) All "On-going/small" jobs and "On-going/large" jobs will be posted on the ODES. The system will allow officers to view job information. Officers interested in becoming part of the eligibility pool for any particular job should contact the Department's Off-Duty coordinator. (See Section C for selection procedures)

2. Coordinators:

a) The Off-Duty Coordinator will determine which off-duty jobs require a coordinator. If a job qualifies for a coordinator, the Off-Duty Coordinator will assign one after posting the assignment.

b) Coordinators will be responsible for the smooth operation of the off-duty assignment. Responsibilities will include the scheduling of officers, ensuring all paperwork is current and that all policy and procedures are followed.

c) An employer may request that a particular officer be the job coordinator. Such requests will be taken into consideration but will not be binding.

d) If an individual officer is approached by a business, organization or individual and asked to be their coordinator, the officer must make written application to the Off-Duty Coordinator.

e) All coordinators shall maintain a written record of officers who work and the actual times and dates of their assignments. These records must be available, upon request, for a minimum of three years. Job coordinators will also submit monthly a written report to the Department's Off-Duty Employment Coordinator. The report will document which officers worked during the previous month and the actual dates and times of their assignments. This report is due by the 10th of each month. In the case of a one time job or assignment, the report is due within 10 days after the job or assignment.

f) Coordinators will be permitted to assign themselves to as many job opportunities as they wish (within stated time limitations).

g) Coordinators are not employment agents and will not receive additional payments from an employer. Employees shall not profit or attempt to profit from the off-duty work of any other employee of the Department.

h) The Off-Duty Employment Coordinator, with approval from the Chief of Police, will determine if particular jobs require a coordinator to receive an administrative fee. Individual officers will not negotiate such arrangements.

3. Selection Process:

a) "Short term" -- Short-term jobs will be posted on the ODES and are open to all officers on a first come-first serve basis

b) "On-going/small" -- On-going/small jobs that have a coordinator assigned will maintain an eligibility pool. The Department's Off-Duty Coordinator will fairly and impartially select officers for this pool on an "as needed" basis.

c) "On-Going/Large" and "City Contract" Jobs:

(1) These jobs will have a coordinator assigned. This coordinator will, once a year, advertise the job to the Department. This notice will list job specifications and indicate the number of officers needed to fill the "employee pool" for that job.

(2) Officers interested in working the job will notify the Department's Off-Duty Coordinator in writing.

(3) If the coordinator gets more applications than there are positions in the pool, he/she will randomly select the names needed. This "pool" will work that job for one year. The selection process will be repeated each year.

(4) Once the "pool" of officers is developed, the job coordinator will be required to distribute jobs equally among those officers. Any future vacancies will be filled by the Department's Off-Duty Coordinator, giving preference to any employee who had applied for the pool but was not selected. The number of times a coordinator may work is unrestricted, within stated time limitations.

4. Approval/Paperwork Requirements:

a) No paperwork required.

"Short-term" jobs procured through the ODES will require no paperwork. These jobs will be administered through the ODES and approvals will be done electronically.

b) Secondary Employment Requests (SER) -- The SER form must be compiled and routed through the immediate supervisor for initial approval and forwarded to the Off-Duty Employment Coordinator for final approval. The SER is required in the following circumstances:

(1) "Short-term" jobs that are being coordinated by an officer not using the ODES will require the submission of a SER.

(2) "On-Going/small" and "On-Going/large" jobs require a SER. This form will archive an officer's placement in the "eligibility pool" for a particular job.

(3) Extra employment and self-employment requires the submission of a SER.

(4) Volunteer work where the actual or potential use of law enforcement powers exists, will require a SER.

NOTE: No officer is permitted to work any outside employment until an approval has been received from the Off-Duty Coordinator (either electronically, verbally, or by hard copy of the SER). In emergencies, the Watch Commander may grant temporary approvals.

c) Request for Off-Duty Police Officers (PD-12):

This form is used to capture information on employers for later input into the ODES. The form can be submitted by the employer or an officer acting for the employer.

d) Overtime Report (PD-57):

(1) This form will be required until such time that the CAD system has been developed to capture all off-duty assignments.

(2) Department members, both sworn and civilian, who perform outside employment, shall report all hours worked, through channels, to the Financial Management Division -- Accounting and Payroll section, on the PD-57 (Overtime Report). This report will cover all general overtime, court overtime -- Type II and outside employment. Employees who did not work outside employment or patrol overtime that month need not submit a report.

(3) Employees that work extra employment must submit on the PD-57 the total number of hours worked at the end of each month.

(4) Employees that work off-duty employment must submit the PD-57 immediately following the first day the officer return to regular duty and forwarded to the employee's immediate supervisor for signature.

(5) Employees must sign the PD-57 certifying the information is true, accurate and complete.

(6) Employees who fail to submit the PD-57 for all jobs worked will face disciplinary action including restricted off-duty privileges.

NOTE: Refer to O.O. 102-2, Police Overtime for guidelines governing Compensatory Leave and Time Requirements.

e) Employment Agreements (PD-119):

All off-duty employment requires an executed PD-119 to be submitted. The Department's Off-Duty Coordinator will deliver the employment agreement to the potential employer in person, by mail or facsimile. The Department's Off-Duty Coordinator shall ensure that the employer clearly understands the form before it is executed and officers are permitted to work.

f) Distribution and Filing:

(1) The Off-Duty Employment Coordinator will maintain hard copy files as back up to computer files for PD-12, PD-119 and Secondary Employment Requests.

(2) One copy of the Secondary Employment Request form will be maintained in the office of the Off Duty Employment Coordinator, a second copy will be forwarded to the Personnel and Recruitment Unit to be maintained in the employee's personnel file.

(3) The Off-Duty Employment Coordinator will ensure that City Administrative Regulation #5.5 is met as he/she distributes all Secondary Employment Requests.

5. Requests for Off-Duty Police Services:

a) All businesses, organizations or individuals requesting the services of off-duty police officers must make a request for these services to the Off-Duty Employment Coordinator.

b) Police employees may obtain information from a requesting business. This information should be recorded on an "Employment Request for Off-Duty Police Officers" (PD-12) and forwarded to the Department's Off-Duty Coordinator.

c) In emergency cases, the Watch Commander may temporarily approve off-duty employment requests and may execute PD-119s for the Department.

d) All employers must submit a signed "Employment Agreement" (PD-119) form before a request can be processed and any officer(s) assigned. No officer may work for an employer who has not executed a PD-119.

6. Compensation:

a) The Chief of Police will set the rate of pay for off-duty Richmond Police Officers. The rate of pay for department off-duty employment will be calculated at approximately one and one half times the base hourly rate for a Police Officer I at pay step #1. On site supervisors' pay rates will be three dollars above the off-duty base rate. Command Officer's pay will be six dollars above the off-duty base rate. These rates will be posted via Executive Order and will be adjusted proportionately with yearly changes in the Police Officer I base salary.

b) All off-duty employment will be compensated at this pay rate. Individual officers will not negotiate pay rates. The Off-Duty Coordinator must approve any deviation from this standard rate of pay.

c) Employers of off-duty officers will be required to pay time and one half the hourly rate on all legal City of Richmond holidays and New Year's Eve. This includes functions at City owned facilities, as well as other employers.

d) Employers will be required to compensate officer(s) a minimum of four hours, even if the assignment is of a shorter duration.

e) If officers remain on assignment longer than originally contracted, the employer will compensate each officer a full hour pay for any portion of an hour worked beyond 15 minutes.

f) Payment will be made at the time service is rendered unless prior approval has been granted by the Off-Duty Coordinator.

g) Employers will pay either by check or money order. If standard deductions are not withheld, the employer will follow all appropriate Federal and State tax-reporting requirements.

h) All employees will report all earned income to the proper entities.

7. Supervision Requirements:

a) Whenever more than two and less than five police officers are employed off-duty, at least one officer must function and be paid as an event supervisor and will function as the point of contact for the event.

b) Organizations employing five or more officers (more than five officers) at the same time, at the same site, will be required to hire at least one first-line supervisor in addition to the five officers. The first line supervisor will provide direct supervision of the assigned officers, to provide direct supervision of the assigned officers. An additional supervisory officer shall be required for each multiple of five patrol officers assigned to such sites. A Command Officer will be required for assignments that require three or more on-site supervisors.

Note: On-duty supervisors should be aware of what off-duty assignments are active in their areas and should make efforts to periodically conduct checks. The Watch Commander should report any off-duty site checks to the Off-Duty Employment Coordinator.

8. Radio Procedures:

a) All officers working any off-duty job will be required to mark in-service with the Division of Emergency Communications (D.E.C.) via radio at the beginning of each assignment. Code numbers will be used preceded by the preamble "Off-duty", (Example: Off-duty 994, Off-duty 2412, etc.). Officers will give their location, the type of assignment and their expected end of tour time.

b) Officers are required to monitor the radio while working off-duty assignments. If the nature of the assignment makes monitoring the radio impossible, the officer is required to have a pager or cell phone so D.E.C. can make immediate contact if needed.

c) At the end of the off-duty assignment, officers will mark 10-7 and advise D.E.C. of any actions taken.

d) In any off-duty assignment where there are three or more officers working, the site supervisor will notify D.E.C. by telephone and relay all appropriate information (code numbers, locations, EOT times). The site supervisor will also mark the detail 10-7 after ensuring all officers are accounted for. Individual officers will not need to mark in and out of service, but must still monitor the radio.

e) A dispatcher from D.E.C. shall notify the police supervisor in D.E.C. of those officers who have failed to clear their off-duty assignments as scheduled. The police D.E.C. supervisor will then contact a patrol supervisor in the precinct where the assignment is located. It will be that supervisor's responsibility to ensure the well being of the officer who was working the off-duty assignment and take appropriate corrective action.

f) Officers working any patrol overtime must identify that fact to D.E.C when marking in-service. Court overtime is excluded.

Richmond Police Department

200 West Grace Street, Suite 204

Richmond, VA 23220