Bexar County Sheriff's Office Policy Manual - Outside Employment PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number November 30, 2012 June 16, 2023 Thirty Subject Office Outside Employment...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number November 30, 2012 June 16, 2023 Thirty Subject Office Outside Employment Sheriff’s Administration References Enclosures Texas Transportation Code 546.002/551.101 None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 30, 2014 June 16, 2024 9 Approved by: Javier Salazar, Bexar County Sheriff 30.01 POLICY It is the policy of the Bexar County Sheriff’s Office (BCSO) to allow deputies to hold secondary outside employment when off-duty, with specific conditions and restrictions. The secondary employment must not interfere with a deputy’s performance of his/her official duties as an employee of this Office or cause conflicts of interest between the County and the secondary employment. 30.02 PURPOSE The purpose of this procedure is to regulate the outside employment of deputies and to ensure such employment complies with existing rules and regulations, policies, and procedures of the BCSO. 30.03 DEFINITIONS A. EXTENSION OF POLICE SERVICE IN OUTSIDE EMPLOYMENT - Engaging in outside employment, in regulation uniform or plainclothes, and utilizing the vested police powers and law enforcement- related training provided by the County for the purpose of providing a police-related service and includes, but is not limited to, preserving the peace, enforcing the law, effecting an arrest, security, controlling traffic and crowds, and performing other police-related activities B. NON-EXTENSION OF POLICE SERVICE IN OUTSIDE EMPLOYMENT - Outside employment of a non- police nature in which vested police powers are not related to employment. The work provides no real or implied police-related service to the outside employer. C. OUTSIDE EMPLOYER - A person or organization for whose benefit an individual performs a service or who may exercise control over the individual in the performance of the individual’s duties D. OUTSIDE EMPLOYMENT - Work or occupational activity for wages, salary, commission, percentage, or compensation of any kind, whether or not it is provided as a donation, charity, or otherwise, which is prohibited from being performed during assigned duty hours, and includes, but is not limited to, self- employment, contractual employment, or employment by an agency, business, enterprise, or others. Outside employment does not include the normal employment with the BCSO. E. SUPERVISORY DEPUTY - The highest ranking deputy at the particular outside employment location 1 30.02 GENERAL RULES A. Only those deputies that have a Texas Peace Officer license and are commissioned as such by the BCSO are eligible for outside employment that requires extension of police services. B. Deputies are subject to be called to report to duty at all times for any purpose, including but not limited to, emergencies, special assignments, or extra duty assignments. Outside employment may not infringe on this obligation to be available to report to duty. C. Engaging in outside employment, wearing the regulation uniform, and exercising police authority while engaged in outside employment are privileges granted by the Sheriff. The BCSO and the County maintain a vested interest in the personal business activities of each employee since an employee's judgment, performance, and attitude are a reflection on the BCSO and the County, regardless of the employee's duty status. D. Employees are considered career employees and are prohibited from accepting or engaging in outside business, employment, or work which may conflict or interfere with their responsibility to the BCSO or which may be considered detrimental to the professional law enforcement goals of the BCSO. E. While engaging in outside employment, the primary duties, obligations, and responsibilities of an employee are to the BCSO. While on-duty, an employee shall not devote time or attention to any activity related to outside employment or unrelated to his duty assignment. F. Working law enforcement related off-duty employment is not a right, but a revocable privilege extended to deputies. As such, the deputy who utilizes their official law enforcement authority of arrest, search, and seizure during the course of their off-duty employment is not on County time for the purposes of accumulated compensatory time or overtime. G. The Sheriff may deny, suspend, revoke, or restrict an employee's outside employment privileges at any time at his/her discretion. 30.04 EMPLOYMENT PERMIT A. An employee may not engage in outside employment or accept a position for outside employment without an approved electronic BCSO Off-Duty Employment Permit. B. An employee who desires to engage in off-duty employment must accurately complete and submit the electronic work permit for approval. Once submitted, the electronic work permit will be processed for approval through the employee’s chain of command. Each supervisor shall determine if the outside employment is prohibited prior to recommending approval of the request. If the supervisor disapproves the permit, an email will be sent to the employee indicating the reason for disapproval. If the supervisor approves the permit, it is forwarded to the Sheriff’s Administration for final approval. An email is then sent to the employee verifying approval of the work permit. C. When an employment permit is not approved, the employee who requested approval may appeal such denial by filing a written statement which details the reason(s) the employee thinks the permit should be approved in the Office of the Sheriff within five (5) business days from such denial. 2 D. When one or more of the following occurs, any previously approved employment permit expires and the employee must refrain from engaging in the previously approved employment: 1. The expiration of the calendar year; 2. A change in the employee's outside employment, including but not limited to, a change in the employer, location, job category, duties, pay, dates, or hours; 3. A change in the employee's BCSO status, including but not limited to, a change in position, duties, assignment, unit, division, section, or hours; or 4. A change which makes the information on the previously approved permit incorrect, misleading, or obsolete. E. When payment is facilitated through the County payroll system an approved employment permit is not required to engage in the activity. F. It is realized that exceptional circumstances may arise where an employee, on a very short notice, may be contacted for off-duty work (which falls within the Sheriff's approved guidelines) when the employee is not then on duty. In these rare situations, the employee may telephone the shift/section supervisor who, after obtaining the Division Administrator's approval, can authorize such off-duty employment. It will then be the responsibility of the employee to provide a completed electronic work permit to the shift/section supervisor for the employment as soon as the employee returns to their regular work assignment. This work permit will then be processed through the same approval channels as under ordinary circumstances. 30.05 EXTENSION OF POLICE SERVICES IN OUTSIDE EMPLOYMENT A. Deputies shall wear a full Class A or Class B uniform while engaged in outside employment that consists of an extension of law enforcement services. No customized uniforms shall not be worn. SWAT, SERT, or other tactical style uniforms shall not be worn. B. Deputies working lane closures or traffic direction must wear an appropriate high visibility vest that clearly identifies them to the public as a Texas Peace Officer. C. Only bicycle certified deputies may wear the regulation BCSO bicycle patrol uniform for off-duty employment assignments when the assignment(s) requires bicycle patrol duties. BCSO bicycle patrol uniforms shall conform to the Chapter 7 Personal Appearance and Attire section on Sheriff’s Bike Uniform. D. Usage of issued radios shall conform to Chapter 25.03 Radio Issuance and Usage. E. Deputies will provide police services commonly associated with and expected of a Texas Peace Officer and shall not perform any function that would not be expected of an on-duty employee such as enforcing private policies or house rules. F. Deputies shall carry only the approved.40 caliber Glock and shall be current in weapons qualification. Pepper spray, Taser, and the ASP Baton may also be utilized with proper certification. 3 G. The following are examples of acceptable forms of extended police-related services in outside employment for deputies if said work location is within Bexar County: 1. Outside employment in which the main responsibility consists of controlling crowds at public events: If five (5) or more deputies are working at the same time, at least one (1) deputy must hold the rank of Sergeant or above; ten (10) or more deputies requires a Lieutenant or above; twenty (20) or more deputies requires a Lieutenant or Captain and Chief Deputy approval; 2. Outside employment for the purposes of rendering security for multiple dwelling complexes (i.e., apartments, condominiums, housing projects, etc.) where the deputy is required to perform patrol duties in the complex or parking lot, provided the deputy takes action only if a violation of the law has been or is about to be committed and the action is consistent with BCSO policy; 3. Outside employment for the purpose of traffic control, if the deputy's actions do not seriously impede the normal traffic flow; 4. Outside employment for the purpose of furnishing motorcycle escorts, provided: a. The deputy shall possess a valid Class M Texas driver's license permitting the deputy to operate a motorcycle; b. The motorcycle is properly registered, insured, inspected, and in proper condition to allow the deputy to perform the escort safely; c. The deputy has proper knowledge and experience in operating a motorcycle to engage in motorcycle escort service; d. The deputy obeys all state traffic laws and all city traffic ordinances; and e. The deputy’s actions do not seriously impede the normal traffic flow. 5. Outside employment for the purpose of preventing criminal offenses from occurring at any public or private place, unless prohibited by section 30.07, below. 6. Outside employment for the purpose of supplying personal protection for citizens is an acceptable form of extended law enforcement related services in outside employment for deputies under the following conditions: a. Deputies shall successfully complete an executive protection course prior to engaging in personal protection outside employment; b. The employment location is within the limits of the County of Bexar; b. The deputy's activity is in the best interest of the BCSO; c. The citizen to whom the service is provided is not suspected of, connected with, or involved in any criminal activity or activity that would bring discredit upon the BCSO; 4  d. The deputy’s police powers or official position is not used to advance private interests, nor does the deputy’s involvement suggest the BCSO endorsement of any activity; and e. Deputies shall take action only if a violation of the law has been or is about to be committed and action is consistent with BCSO policy. f. Deputies engaged in providing personal protection for citizens may wear a suit or other civilian attire in lieu of a uniform and in doing so must utilize concealed carry. In this case deputies shall display their BCSO badge directly next to their issued or BCSO approved firearm and shall also carry their BCSO credentials on their person. Deputies shall openly display their BCSO badge and announce their identity as a Texas Peace Officer before taking any action when not wearing a uniform. 7. Outside employment for the purpose of supplying inside security or traffic control for a church or other place of worship. Deputies providing inside security are allowed civilian attire and will comply with the requirements above in 30.05 (G) (6f). 8. Other outside employment as approved by the Sheriff or his/her designee. H. Deputies may be employed off-duty outside Bexar County under with the following conditions: 1. Deputies are required to wear a uniform when working outside Bexar County jurisdiction. This shall consist of either a full Class A or Class B uniform. Bicycle certified deputies may wear the regulation BCSO bicycle patrol uniform for off-duty employment when the assignment(s) requires bicycle patrol duties. SWAT, SERT, or other tactical style uniforms will not be worn. 2. BCSO policies will be adhered to. 3. If an arrest is made in accordance with the Texas Penal Code and Code of Criminal Procedure, the BCSO deputy will turn the offender over to the local agency. 30.06 NON-EXTENSION OF POLICE SERVICES IN OUTSIDE EMPLOYMENT A. Generally, employees are allowed to own, operate, or work in any place of business in an outside capacity if the involvement, employment, activity, or enterprise is not inconsistent, incompatible, or in conflict with the policies of the BCSO or the duties of the employee. B. An employee, when engaged in outside employment which is not an extension of police service, shall not wear a regulation uniform, use BCSO credentials, nor represent themselves as an employee of the BCSO. Furthermore, employees shall not use prestige or influence of their official position for private gain or advantage. 30.07 PROHIBITED OUTSIDE EMPLOYMENT A. Employees of the BCSO are perhaps the most conspicuous representative of government, and, as a result, their conduct is likely to be scrutinized more severely than others. Therefore, when engaged in outside employment, employees must avoid becoming involved in conduct which is, or might appear to be, censurable. 5 B. There are particular types of employment which generate a high potential for a conflict of interest or reflect an abuse of official position, or which could give rise to illegal or unethical practices or the appearance of the same. (Refer to paragraph C below for prohibited employment.) C. Outside employment, in any capacity, is prohibited in the following categories or job classifications: 1. Employment at any location subject to regulation by the Texas Alcoholic Beverage Commission where alcoholic beverages are consumed on the premises; however, with the approval of the Sheriff, the following are exceptions to this prohibition: a. Employees may work in security or other capacities which do not directly or indirectly involve the handling, sale, or serving of alcoholic beverage in hotels, resort properties, or facilities which are specifically designed for the presentation of participant or spectator sports, concerts, theatrical productions, or similar activities where the sale of alcoholic beverage is incidental to such activities. Employees shall not work in the bars, lounges, or other portions of such establishments where alcoholic beverages are regularly served and result in 48% of profits or more for the business. The Office of the Sheriff shall be the final authority in determining if the sale of alcoholic beverages is a substantial part of a business. b. Employees will not work off duty assignments at any bars or nightclubs. This will include bar and nightclub parking lot security, and strip malls/shopping centers where bars and nightclubs are located. c. Employees may work in security or other capacities which do not directly or indirectly involve the handling, sale, or serving of alcoholic beverages in publicly owned facilities. d. Employees may work at an event for which the employee donates his time and services to a bona fide charitable organization. e. Employees may work security at an event where, because of its size, location, or other considerations, the Sheriff determines that the work promotes the BCSO's interest in public safety, enhances the collective welfare for public order, and the employee's duties are substantially the same as those which would be performed if the employee was assigned on duty. The Office of the Sheriff shall be the final authority in determining if the employee's duties are substantially the same as those which would be performed if the employee was on-duty. 2. Employment by credit agencies for the purpose of investigating or collecting accounts or by a repossession agency, including repossession of automobiles and collection of bad debts. 3. Employment which requires as a criterion for employment to have access to police information files or records, facilities, equipment, or informational systems and requires furnishing any of this information as a condition of employment, without specific authorization for the Sheriff. 4. Employment with or by a bondsman or bonding company. 5. Employment which assists, in any manner, the case preparation for the defense in any criminal action or proceeding. 6  6. Employment with or by any agency or in any business enterprise which investigates the domestic affairs of citizens for purposes of a civil nature or which might be highly controversial in nature. 7. Employment with or by any enterprise, the subject of which is illegal or under investigation by a law enforcement agency. 8. Employment in any category of job or job location which might bring the BCSO or the employee into disrepute or for any event of a potentially compromising nature that could bring discredit upon the employee or the BCSO, or impair the operation or efficiency of the BCSO. 9. Employment in any job category which the Sheriff or the employee's division commander determines to constitute a conflict of interest. 10. Employment in any job category under conditions where an employee confers a special advantage to a private interest at the expense of a public interest. 11. Employment which might expose an employee of the BCSO to a substantial and unnecessary risk of injury. NOTE: This list of prohibited outside employment is not all-inclusive. 30.08 RESTRICTIONS ON OUTSIDE EMPLOYMENT A. The following restrictions limit the number of hours an employee may work in outside employment: 1. In any seven (7) day period in which the employee performs forty (40) hours of regular duty outside employment does not exceed twenty four (24) hours; 2. In any seven (7) day period in which the employee does not perform any tour of regular duty, outside employment does not exceed sixty four (64) hours; 3. In any twenty four (24) hour period in which the employee works a regular tour of duty, outside employment does not exceed eight (8) hours; 4. In any twenty four (24) hour period in which the employee does not work a regular tour of duty, outside employment does not exceed fifteen (15) hours. B. While an employee is on unscheduled leave: 1. The employee may not engage in outside employment if he is on sick leave, injury leave, or light duty assignment; and 2. The employee, after having been out on sick or injury leave, shall complete one (1) regular tour of duty before engaging in any outside employment. C. Outside employment that appears to physically or mentally exhaust the employee to the point that his on-duty performance is adversely affected is prohibited. An employee's immediate supervisor is responsible for reporting evidence of the employee's inability to perform their regular duties when 7  the supervisor believes there is a correlation between this ability and their outside employment responsibilities. D. Outside employment that would require any special consideration be given to the scheduling of the employee's regular duty hours is forbidden. E. An employee engaged in outside employment with a company or organization that appears likely to be involved in a labor dispute, such as a strike, picketing or lockout, must notify the Office of the Sheriff in writing, through the employee’s chain of command. An employee performs no act which infringes upon or interferes with the BCSO role of neutrality in a labor dispute. The employment permit may be suspended while the labor dispute exists. F. If a statue requires a license or permit, to engage in an occupation, business, or profession, an employee is required to obtain the necessary license or permit before engaging in the occupation, business, or profession. G. An employee who enters into contract with an attorney or any person with the use of a BCSO learned skill, such as expert testimony, shall not use knowledge of police incident files or knowledge of a police incident gained from police employment in areas of civil litigation, nor suggest by their presence or otherwise that they, the BCSO, or the County are party to and might support one litigant over another in civil proceedings. H. An employee engaged in outside employment will not act or fail to act in any way that may bring the BCSO or themselves into disrepute or impair the operation or efficiency of the BCSO. I. Probationary deputies who are licensed Texas Peace Officers and commissioned as such by the BCSO may engage in outside employment; however, should the Sheriff rule that the deputy’s actions or conduct was wrongful while engaging in off-duty employment, that may be grounds for dismissal. J. It is vital that the public never doubts, when dealing with a deputy, that the deputy is performing a public function and is not misusing or appearing to misuse their position for private purposes. K. It is the policy of the BCSO to prevent a deputy’s private use of police powers to conceal or avoid reporting criminal offenses or the identity of criminal offenders. Whenever a criminal incident arises during outside employment, the deputy’s responsibility is to the public and to the BCSO. L. Since a deputy engaged in outside employment must conduct themselves as though they are on-duty and is subject to the BCSO rules and regulations, they should avoid appearances of wrongdoing or of a conflict of interest. M. The Internal Affairs section may check outside employment locations to ensure deputies are complying with the directives of this procedure. 30.09 PROCEDURES FOR ARRESTS DURING OUTSIDE EMPLOYMENT A. Deputies engaged in outside employment who encounter a situation(s) requiring the temporary detention, interview, questioning, or arrest of a person, in a criminal or civil matter must obtain a case number from the BCSO Public Safety Communications Center (PSCC) and generate the proper reports. 8 B. In situations dealing with the arrest and transport of prisoners and the handling of physical evidence, the off-duty deputy will generate all reports, booking slips, and complaint forms. An on-duty deputy will be dispatched to the scene to transport any and all prisoners and will be required to submit a supplement report. All physical evidence gathered by the off-duty deputy, and not requiring the assistance of a crime scene unit, will be handled by the off-duty deputy and placed in evidence and property room by the arresting deputy in accordance with this Manual. C. Supervisory deputies engaged in outside employment maintain responsibility for the performance, attitude, and judgment of subordinate deputies engaged in outside employment and on-duty subordinates under their immediate control until they are relieved by an on-duty supervisor. D. Deputies shall immediately report in writing to the Sheriff, through their chain of command, any incident arising from or connected with their outside employment which might adversely affect the BCSO or County. Deputies shall prepare and submit the required reports according to BCSO procedures. 30.10 USE OF BCSO CANINES FOR OFF-DUTY EMPLOYMENT BCSO canines, with the express consent of the Sheriff or Chief Deputy, and when in the best interest of public safety or at county parks/facilities, may be used for off-duty employment only upon receiving written authorization. 30.11 OFF-DUTY REPORTS All reports shall be written and provided to a supervisor by the next working day. The approving supervisor shall send copies of the reports to the Off-Duty Employment Coordinator on the day the reports are approved. The approving supervisor will ensure the reports are time stamped before sending to the Off- Duty Employment Coordinator. 9