Omaha Police Department Outside Employment Policy PDF

OUTSIDE EMPLOYMENT POLICY: It is the policy of the Omaha Police Department (OPD) to grant permission for employees to engage in outside employment in compliance with Chapter §23-99 of the City of Omaha Municipal Code and applicable collective bargaining agreements (CBAs). Outside employment for al...

OUTSIDE EMPLOYMENT POLICY: It is the policy of the Omaha Police Department (OPD) to grant permission for employees to engage in outside employment in compliance with Chapter §23-99 of the City of Omaha Municipal Code and applicable collective bargaining agreements (CBAs). Outside employment for all employees must be approved by the Chief of Police or designee. PROCEDURE: I. Guidelines for Outside Employment A. OPD employees may engage in outside employment that is approved by the Chief of Police and/or designee. 1. This includes those who operate their own business or work for another employer, regardless of whether or not the work is law enforcement related. 2. Barter agreements, such as rent in return for security work, are subject to the same oversight as any outside employment. B. Outside employment will not be allowed if the nature may constitute a conflict of interest or adversely reflect upon the City of Omaha. C. All sworn employees who work outside employment shall be subject to all OPD rules and regulations. 1. Sworn employees shall be subject to line and staff inspections required of duly sworn employees while engaged in any outside employment. 2. Sworn employees will act in a professional manner and will avoid doing tasks that may detract from the professional image of the OPD. D. OPD employees who work outside employment shall not work more than 68 total hours in a seven (7) day period OR more than 12 hours in a 24-hour period, including their OPD working hours. E. Sworn employees who seek outside employment in the official OPD Standard Duty Uniform will be restricted to locations inside the official city limits of Omaha. 1. The Chief of Police, on a case-by-case basis, may grant approval to wear the official OPD Standard Duty Uniform for outside employment inside Douglas County. 2. The OPD Backgrounds/Inspections Unit will consult with the Chief of Police and City Law as needed when a request is received for an OPD sworn employee to work for another law enforcement agency. NOTE: Legal issues may arise if OPD sworn employees work for another law enforcement agency while still employed by OPD. OPD sworn employees working for another agency within the City of Omaha in their OPD uniform is likely to be acceptable, but an OPD sworn employee wanting to work for another law enforcement agency in the other agency’s full capacity (wearing the other agency’s uniform, answering their 911 calls, driving their vehicles, etc.) may be subject to additional limitations. 3. Sworn employees who are engaged in outside employment in uniform must wear the 1  complete “official” OPD Standard Duty Uniform. 4. Sworn employees who are engaged in outside employment in uniform will refrain from performing tasks that are generally not law enforcement related. 5. Sworn employees working in the Standard Duty Uniform will not be allowed to wear tactical team equipment or uniform(s) or uniform components, bicycle uniforms, or any other specialty uniform without prior written approval from the Chief of Police or designee. EXAMPLE: Tac/Raid vests, rifle plate vests, 5.11 pants and other specialty uniform equipment or uniform components may NOT be worn. An OPD authorized/approved optional outer vest carrier (MOLLE) MAY be worn. 6. Sworn employees are reminded that when they wear plain clothing, they are at an increased risk of misidentification by responding on-duty law enforcement employees. a. Such employees should have a plan in place and will notify 911 Communications that they are not in uniform when they request assistance. b. Such employees should comply with all commands given by responding on-duty law enforcement and understand that they may not be recognized as an OPD officer. 7. Sworn employees may engage in security type of work outside the City of Omaha limits. a. Such employees are reminded that they are not authorized to act as an OPD sworn employee and are not authorized by the Chief of Police to display the badge, wear any portion of any official OPD uniform, or display any other items that would identify them as an OPD officer. NOTE: Uniform items such as the 5.11 style pants or similar, and/or a generic “Police” polo shirt, or duty belt, may be worn for security type work outside of the City of Omaha. b. Such employees are working as agents of the employer and, as such, they or their employer could be held liable for any actions the sworn employee takes as a security employee. 8. Sworn employees may check out a portable radio during the hours of the outside employment if available, per the OPD “Radio Procedures – Assignments, Requests for Transcripts, and Portable Radios” policy. Sworn officers shall contact the 911 Dispatcher for the precinct in which their outside employment is located when using a portable radio in their outside employment. a. Officers shall utilize their portable radio or phone to inform the 911 Dispatcher of their location, serial number, and hours of work. b. At the end of their outside employment shift, officers shall again contact the 911 Dispatcher to notify them that they have ended their shift. NOTE: Failure to “hit in” with a 911 Dispatcher during an outside employment shift may result in a delayed response if assistance is needed by on-duty officers and could jeopardize officer safety. 9. Sworn officers who are issued a Body Worn Camera (BWC) shall utilize it for uniformed outside employment and shall adhere to the BWC policy while working their off-duty 2  assignment. 10. Officers who are in the Early Deferred Retirement Option (EDRO) are not able to work outside employment wearing an official OPD Standard Duty Uniform. F. Probationary Sworn Employees. 1. New-hire probationary sworn employees are not allowed to engage in any type of outside employment until four months after completion of their Field Training Program with the OPD. a. Once the four months have passed, new-hire probationary sworn employees will be allowed to engage in outside employment with proper approval, and per OPD policies and procedures. 2. Lateral-hire probationary sworn employees shall not engage in any type of outside employment until completion of their Field Training Program with the OPD. a. Once the Field Training Program is complete, lateral-hire probationary sworn employees will be allowed to engage in outside employment with proper approval, and per OPD policies and procedures. G. Part-time OPD sworn employees who seek to work outside employment are obligated to follow this policy in full with no exceptions. They are bound by all the same requirements and parameters as full-time OPD sworn employees. II. Requests and Approval for Outside Employment for Sworn Employees A. All sworn employees who intend to work off-duty will submit a “Request for Approval of Outside Employment” form (OPD Form 89) or “Review of Non-Uniform Outside Employment” form (OPD Form 89A) to the Backgrounds/Inspections Unit (BIU) via chain of command to request review and approval for each outside employment activity. Sworn employees must receive approval in writing before they can begin working. 1. “Request for Approval of Outside Employment” form (OPD Form 89) or “Review of Non- Uniform Outside Employment” form (OPD Form 89A) do not expire; however, the Chief of Police reserves all rights to rescind any/all approval(s). 2. Sworn employees are required to submit a new “Request for Approval of Outside Employment” form (OPD Form 89) or “Review of Non-Uniform Outside Employment” form (OPD Form 89A) when any information on the approved form changes, such as the employer name or outside employment location. 3. Sworn employees who contract through a security company shall provide a list of each business and address at which they will provide services. 4. Sworn employees who provide security services to a single business with several business locations, such as supermarkets, shall list each address at which they will provide services. 5. Sworn employees will provide a detailed explanation of what activities they will perform while working in an outside employment capacity. 6. For outside employment that is in OPD uniform or is security related, sworn employees will complete and submit OPD Form 89 for approval and confirm the establishment is approved in the Off-Duty Employment Tracking System (ODETS). 3  a. The business name shall include any “Doing Business As (DBA)” name(s). b. The location shall be the location(s) where the sworn employee will be working, not the corporate office or business office address. 7. For outside employment that is non-uniform and non-security related, sworn employees will complete and submit OPD Form 89A for approval. a. "Non-uniform" will mean no part of the OPD uniform will be worn or used. If the outside employment requires the sworn employee to use a gun or badge, then OPD Form 89 will be completed and submitted for approval. 8. If a sworn employee desires to work at a location that is not on the approved list in ODETS, the sworn employee will submit an OPD Form 89 through the appropriate command to the BIU for approval prior to working the assignment, or will obtain emergency approval from a command officer at the rank of Lieutenant or above. B. The BIU, as the designee of the Chief of Police, is responsible for review and approval of outside employment. The Chief of Police reserves all rights to review and approve outside employment. 1. The BIU shall maintain an electronic file of all forms, and will email an approved copy to the requesting sworn employee as soon as possible. a. All original OPD forms that have been approved will be scanned and the original will be destroyed. 2. Denied requests will be returned to the requesting employee with an explanation of why the request was denied and instructions for resubmission, if appropriate. C. Command officers at the rank of Lieutenant or above are responsible for granting emergency approval, when appropriate. 1. Emergency approval will only be granted if the written request is made by the sworn employee within 72 hours (or less) prior to the commencement of the outside employment. a. Emergency approvals will only be in effect for 48 hours after the employment is to commence. After 48 hours, the sworn employee must receive approval in writing from the BIU. 2. Emergency approval may only be granted if the nature or type of employment has been previously approved by the BIU. 3. Emergency approval will only be granted if the outside employment does not conflict with any current City or Departmental order, policy, rule, or ordinance. D. All matters that concern the revocation of outside employment will be forwarded to the Executive Services Bureau (ESB) Deputy Chief for resolution. III. Inspection and Approval of Businesses for Off-Duty Employment A. The BIU, as the designee of the Chief of Police, is responsible for the inspection and approval of business for inclusion on the Off-Duty Employment Tracking System (ODETS). 4  1. The BIU will conduct inspections of outside employers. a. The BIU will have the authority to deny any outside employment request and to revoke the authorization of the outside employer to hire OPD officers upon review of the establishment’s background record that would indicate a conflict of interest. 2. The BIU shall maintain a list of all approved outside employment businesses and locations. a. All employees may verify approved business and locations via ODETS. IV. Prohibited Locations and Activities A. Prohibited Locations and Establishments. 1. Certain locations and establishments have been deemed to be a conflict of interest or classified as adversely reflecting upon the City of Omaha. All employees are prohibited from outside employment at the following establishments and locations: a. Any place of illegal operation. This includes all non-licensed establishments. b. Any establishment or company previously convicted of the illegal sale of liquor after hours. This includes any establishment or company that has a proprietor or manager with such a conviction. c. Any establishment or company whose proprietor or manager has previously been convicted of the illegal sale of contraband or narcotics. d. Any establishment or company whose proprietor or manager has previously been convicted of illegal gambling. 2. Requests for any outside employment at prohibited locations or establishments will be denied, whether the request is for uniform or non-uniform employment. B. Prohibited Activities. 1. At any establishment with a liquor license, or function where alcoholic beverages are served, sworn employees WILL NOT perform any service in the immediate area or room where the alcoholic beverages are being served. 2. Sworn employees will not physically collect debts, bad checks, or replevin of property (with or without a court order). This does not prohibit non-physical debt collection activities when the sworn employee does not identify themselves as a law enforcement officer, such as telephone bill collection or legal services. 3. Sworn employees will not perform any service involving interaction with the public that would be classified as non-law enforcement while wearing any official OPD uniform. Some examples include, but are not limited to: a. Selling a service or product. b. Soliciting funds or material. c. Waiting on or serving people (service concept type of employment). 5  d. Driving of public hire vehicles. e. General area of labor or craft-oriented work. NOTE: This prohibition does not apply to sworn employees who are volunteering their time to support a charity. 4. Regardless of whether or not outside employment has previously been approved, sworn employees will not work outside employment during any of the following time periods: a. A time period of Sick Leave. b. Short or Long Term Military Leave. c. Administrative Leave, Administrative re-assignment, or Critical Incident Review Administrative Leave. d. Limited Duty, or while in an Injured On Duty (IOD) status, until the employee returns to a regular duty shift or work. e. While serving a suspension. NOTE: This prohibition applies to both uniformed and non-uniformed outside employment authorized by a “Request for Approval of Outside Employment” form and/or “Review of Non- Uniform Outside Employment” form. 5. If a sworn employee is dispatched or assigned by a command officer to a specific investigation at a location or establishment where the sworn employee is employed in an outside employment capacity, the supervisor and/or 911 Dispatch should be advised of this fact at the time of assignment/dispatch. If possible, another officer will be assigned to avoid any potential or perceived conflict of interest. C. Special Restrictions apply when sworn employees work for Liquor Licensed Contractors at a Licensed Establishment as follows: 1. Sworn employees will not be in locations where alcohol is served and will remain in the parking, lobby, or vestibule area(s) of the establishment. a. Sworn employees may only enter the establishment in case of an emergency (an issue requiring immediate official police response) or to use the restroom. 2. Sworn employees will call 911 for on-duty officer assistance as OPD policy dictates. 3. Sworn employees are prohibited from working as the only law enforcement officer on duty at any bar or nightclub with an official capacity of more than 100 patrons. EXCEPTION: In rare circumstances, a sworn employee may be granted permission to work alone at such a bar or nightclub when it is reasonable to believe that far fewer than 100 patrons will be present at the specific time of outside employment. In this circumstance, the employee shall obtain prior approval from the BIU Lieutenant. D. Fair Labor Standards Act (FLSA) Compliance. 1. Employees are not permitted to engage in any outside employment at any City facility for another employer in the same capacity as they work for the City. 6  2. This prohibition does not apply to City facilities managed and operated by the Metropolitan Entertainment and Convention Authority (MECA) or the Omaha Performing Arts Association. EXCEPTION: An outside employer may request to utilize OPD officers for an event at a City facility (i.e., Memorial Park) if they have prior approval and a signed agreement with the City of Omaha. This agreement will state that the officers employed will be working in an “on-duty” status and will submit overtime slips to the OPD Police Personnel Unit at the conclusion of the event. The outside employer must agree to reimburse the City for the officers’ overtime wages paid, as well as FICA and pension contributions. V. Overtime/Court Pay A. Any time or expense incurred from court appearances as the result of an arrest made during outside employment will be the responsibility of the sworn employee and/or the outside employer. Generally, any time or expense incurred or necessitated by the performance of outside employment will be the responsibility of the sworn employee and/or the outside employer. B. If a sworn employee believes they are entitled to overtime pay that originates from a contact that occurred while working outside employment, including court appearances, they should complete the appropriate Overtime Form (OPD Form 158). The Overtime Form and any supporting documents and reports will be forwarded to the Deputy Chief of the Bureau for which the employee is assigned along with a memo explaining the justification for the overtime request. C. The sworn employee’s Deputy Chief, or designee, will determine whether or not the overtime is compensable and will inform the sworn employee if they determine it is not compensable. VI. Role of On-Duty Officers A. When sworn employees are involved in an incident at their place of outside employment which they believe will require the physical arrest, detention, and/or citation of a suspect, they will contact 911 as soon as reasonably possible to request that on-duty officers be dispatched. B. The suspect(s) will be turned over to on-duty officers upon their arrival at the scene. The on-duty officers will perform and complete any investigation necessitated by the arrest, including completing all reports and interviewing the off-duty officer, unless an on-duty OPD supervisor determines otherwise. VII. Reports A. When an off-duty situation leads to a physical arrest, or a criminal citation, and/or an OPD Incident Report is required, an on-duty officer will complete the report and, if appropriate, a Tavern Report (OPD Form 2). The off-duty officer initiating the contact will complete an OPD Supplementary Report indicating probable cause and actions taken during the arrest during their next on-duty shift, unless required immediately by written policy or directed by an OPD supervisor to complete the report at that time. 1. This rule applies to periods of outside employment and to periods when a sworn employee exercises their law enforcement authority while off-duty. B. Officers who work outside employment must remember that they are acting as agents of their employer. Simultaneously, while wearing the OPD uniform or while exercising law enforcement authority, officers represent the City of Omaha and maintain the powers and authority of a law enforcement officer. The off-duty officer must follow the same reporting procedures as stated in OPD policy. If an off-duty arresting officer should, in the interest of time, complete an original 7  Incident Report and an OPD Continuation/Supplementary Report, those reports will be signed and approved by an on-duty OPD command officer. The reports and/or citations will then be forwarded via inter-office mail to the OPD Data Unit for processing. VIII. Requests and Approval for Outside Employment for Non-Sworn Employees A. Non-sworn employees who intend to work off-duty will submit a City of Omaha Request for Approval For Outside Employment or Activity form to the BIU via chain of command to request review and approval for all outside employment. Approval must be received in writing before they can begin working. 1. Non-sworn employees are required to submit a new City of Omaha Request for Approval For Outside Employment or Activity form when any information on the approved form changes, such as the employer name or phone number. 2. Non-sworn employees will comply with City of Omaha Human Resources Outside Employment policy. REFERENCES: I. Laws A. City of Omaha Municipal Code: §23-99. II. Previous OPD Orders A. Previous General Orders: #33-74, 10-77, 33-78, 23-87, 69-87, 105-88, 8-90, 81-90, 17-92, 64- 94, 83-00, 83-00 Supplement #1, 13-01, 13-01 Supplement #1, 19-02, 19-02 Supplement #1, 36-06, 4-07, 4-07 Supplement #1, 3-08, 23-11, 2-15, 79-17, 37-18, 67-21, 42-22, 50-23, and 19- 24. III. City of Omaha Human Resource Policies A. City of Omaha Human Resources Outside Employment policy (#22) is referenced in this policy. IV. Accreditation Standards A. Relevant CALEA Accreditation Standards: 4.3.1, 22.2.4, and 22.2.5. V. Other A. PPM Monthly Updates #07-2015, 06-2017, 02-2018, 08-2021, and 06-2024. 8