Policy 1040 New Orleans Police Department Policy Manual Outside Employment 1040.1 PURPOSE AND SCOPE To avoid actual or perceived conflicts of interest for department employees engaging in outside employment, all employees shall obtain written approval from the Superintendent of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Superintendent of Police in accordance with the provisions of this policy. The department may impose conditions on outside employment. Determination of the degree of limitation will be based upon the interest of the department and ensure that the department receives full and faithful services in return for its expenditure of resources. 1040.1.1 DEFINITIONS Definitions related to this policy include: Outside employment - The employment of any member of the Department by another individual, business, establishment, or organization, or on a self-employed basis, where the member is privately paid and is performing duties of a non-police function (e.g. - Accountant; Lifeguard; Attorney; Real Estate Agent; Sales Representative; etc). Due to the nature of outside employment services which may be authorized under this policy, any request to carry a weapon while working in an outside employment capacity must be approved in advance by the Superintendent of Police. An officer's employment status while on a paid detail/secondary employment assignment is not outside employment for the purposes of this policy. Such employment is governed by the Secondary Employment Policy and applicable law. Short term outside employment - Outside employment that is worked on a non-recurring schedule for the same employer. Permanent outside employment - Outside employment that is worked on a recurring schedule for the same employer. 1040.2 OBTAINING APPROVAL No member of this department may engage in any outside employment without first obtaining prior written approval of the Superintendent of Police. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy is grounds for disciplinary action. To obtain approval for outside employment, the employee must complete an Outside Employment Authorization Form (Form #22), attaching a printout of their attendance record for the previous 12 months, that shall be submitted to the employee's immediate supervisor. The application will then be forwarded through the appropriate chain of command to the Superintendent of Police for consideration and final approval. Members will not be allowed to work the requested outside employment until final approval of the Superintendent of Police has been given. There are no exemptions from this requirement. Each reviewing authority in the requesting member's chain of command shall consider the following when reviewing an Outside Employment Authorization form: Outside Employment - 684 Adopted: 2013/09/15 © 1995-2013 Lexipol, LLC New Orleans Police Department Policy Manual Outside Employment (a) (b) (c) (d) (e) (f) The nature of the outside employment requested; Any potential conflicts as outlined in this policy; The occupation and duties the member will engage in; The member's overall attendance record for the previous 12 months. All sick leave usage will be considered, including those instances which were documented. The member's performance; and The member's disciplinary record. If approved, the employee will be provided with a copy of the approved application. Unless otherwise indicated in writing on the approved application, an approved application will be valid for one year and shall be renewed each year in the month of the member's birth. Any employee seeking to continue outside employment shall submit a new application in a timely manner. Any employee seeking approval of outside employment whose application has been denied shall be provided with a written reason for the denial of the application at the time of the denial and within 30 days of the application. 1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT In instances where a reviewing authority disapproves an Outside Employment Authorization Request, he/she shall note the reasons for disapproval (e.g., poor attendance, poor performance, disciplinary problems) on an Interoffice Correspondence (Form #105). The Interoffice Correspondence shall be attached to the Outside Employment Authorization Request and continue routing the request through the chain of command for final approval/disapproval by the Superintendent of Police. A copy of the disapproval, along with a copy of the Interoffice Correspondence listing the reason(s) for disapproval, shall be forwarded to the requesting member by the supervisory officer disapproving the request. The member will have the option of submitting an Interoffice Correspondence in response to the disapproval to the Superintendent of Police and shall contain signature spaces with the designation  CONCUR / DO NOT CONCUR  for the appropriate personnel in the chain of command. If an employee's application is denied or rescinded by the Department, the employee may file a written notice of appeal to the Superintendent of Police within 10 days of the date of denial. 1040.2.2 REVOCATION/SUSPENSION OF AN APPROVED OUTSIDE EMPLOYMENT APPLICATION Any approved outside employment application may be revoked or suspended after the employee has received written notification of the reasons for revocation or suspension. Additionally, revocation or suspension will only be implemented after the employee has exhausted the appeal process. The outside employment may be revoked: (a) If an employee's performance declines to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of minimum acceptable competency, and the outside employment may be related to the employee's performance. The Superintendent of Police may, at his/her discretion, notify the employee of the intent to revoke any previously approved outside employment application. After the appeal process has concluded, the revocation will remain in Outside Employment - 685 Adopted: 2013/09/15 © 1995-2013 Lexipol, LLC New Orleans Police Department Policy Manual Outside Employment force until the employee's performance directly related to the outside employment has been re-established to the minimum level of acceptable competency. (b) If, at any time during the term of an approved outside employment application, an employee's conduct or outside employment conflicts with the provisions of department policy, or any law. (c) The outside employment creates an actual or apparent conflict of interest with the Department or the City. 1040.3 GENERAL INFORMATION The nature of the law enforcement task requires Department employees to have the ability to work irregular schedules which are subject to change in meeting deployment needs. Additionally, it is necessary that employees have adequate rest to be alert during their tours of duty. For these reasons, and because certain activities are inherently incompatible with an employee's primary responsibility to the Department, the Department may impose conditions on outside employment or may prohibit it altogether. Determination of the degree of limitation will be based upon the interest of the Department and ensure that the Department receives full and faithful services in return for its expenditure of resources. Outside employment shall not interfere with the member's performance of duty. While working outside employment, members shall conform to all departmental policies, procedures, rules and order. Members shall not perform or engage in outside employment during their regular tour of duty. Members shall not work outside employment that would render the performance of their duties to the department below minimum standards or render the member unavailable for reasonably anticipated overtime assignments. No employee, including Reserve officers, shall work more than 16 hours within a 24-hour period (the 24-hour period begins the first time the employee reports for either regular duty or secondary employment allowing for a minimum of eight hours of rest within each 24-hour period) These hours are cumulative and include normal scheduled work hours, overtime, off-duty secondary employment, and outside employment. 1040.3.1 OUTSIDE SECURITY EMPLOYMENT Due to the potential conflict of interest, no member of this department may engage in any outside employment as a private security guard, private investigator or other similar private security position. No officer may engage in outside employment as a law enforcement officer for any other public agency without prior written authorization of the Superintendent of Police. 1040.3.2 RESTRICTED OUTSIDE EMPLOYMENT Members shall not work in the following occupations as outside employment: (a) Any occupation where a conflict of interest with the City of New Orleans or the New Orleans Police Department can reasonably be demonstrated; (b) Bartenders, cocktail waiters or waitresses; (c) Doormen, bouncers, barkers, or ticket takers; (d) Bail or bonding companies, or agents for same (Bounty Hunters); or Outside Employment - 686 Adopted: 2013/09/15 © 1995-2013 Lexipol, LLC New Orleans Police Department Policy Manual Outside Employment (e) (f) Collection agents for any private person or entity. Any facet of land-based or river boat casino style gaming as listed below: 1. No member shall work as a shuttle operator for any location owned or leased by a casino consortium; 2. No member shall provide security for patrons attending or departing a gaming establishment; 3. No member shall engage in outside employment where their duties include supervising casino employees, managing casino employees, background investigations of casino employees, or providing private security for any gaming establishment; or 4. No member shall engage in outside employment as a dealer, croupier or other such employment in any gaming establishment. (g) Any facet of the Electronic Gaming Industry as listed below: 1. Employment as a wholesale/retail technician who repairs, delivers, installs, or in any manner services video poker machines, slot machines, or any other electronic gaming industry machines or equipment. 2. Employment in any manner as a security officer for the wholesale/retail, repair or servicing divisions of the Electronic Gaming Industry; 3. Employment as a wholesale/retail route agent responsible for the collection of monies generated by electronic gaming machines; 4. Employment as a wholesale/retail route agent responsible for selling electronic gaming equipment, or any other facet for the sole purpose of providing security for wholesale/retail electronic gaming machines or equipment. Members who are qualified as an  Expert Witness  shall not engage in employment in any proceeding involving an official New Orleans Police Department report in Criminal District Court, Traffic Court or Municipal Court, or when the City of New Orleans is an adverse party in a Civil Suit and such employment would create a conflict of interest. Situations raising a question of a potential conflict of interest will be resolved by the Superintendent of Police. 1040.3.3 TRAINING AND HANDLING OF CANINES - OUTSIDE EMPLOYMENT Members engaging in the training and handling of canines as outside employment are subject to the following restrictions: (a) Members shall not use, nor allow to be used, any equipment belonging to the New Orleans Police Department. This shall include, but shall not be limited to, department canines and all dogs authorized to be used as NOPD canines, and those owned by members and trained on department time). (b) No department canine shall be used for stud services; and (c) Members shall not use, nor allow others to use, their positions as members of the New Orleans Police Department as a selling point for the procurement of business. 1040.3.4 ATTORNEYS - OUTSIDE EMPLOYMENT Members who are attorneys are permitted to practice law subject to the following restrictions: (a) No licensed attorney who is a member of the New Orleans Police Department shall be permitted to represent any person in criminal proceedings which were instituted by or on behalf of the City of New Orleans or the New Orleans Police Department. Outside Employment - 687 Adopted: 2013/09/15 © 1995-2013 Lexipol, LLC New Orleans Police Department Policy Manual Outside Employment (b) No licensed attorney who is a member of the Department shall represent any individual in any cause of action which was the subject of any official New Orleans Police Department report, including Administrative Reports. (c) No licensed attorney who is a member of the Department shall represent any individual, corporation, partnership, association or other entity in any civil litigation in which the City of New Orleans or the New Orleans Police Department is an adverse party. (d) No licensed attorney who is a member of the Department shall illegally compensate any person for having referred any cause of action to that member. 1040.4 DEPARTMENT RESOURCES Employees are prohibited from using any department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of this department or other agencies through the use of the employee's position with this department. 1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS If an employee terminates his/her outside employment during the period of an approved application, the employee shall promptly submit written notification of such termination to the Superintendent of Police through the appropriate chain of command. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Employees shall also promptly submit in writing to the Superintendent of Police any material changes in outside employment including any change in the number of hours, type of duties or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material shall report the change. Outside Employment - 688 Adopted: 2013/09/15 © 1995-2013 Lexipol, LLC POLICY 1041 New Orleans Police Department Policy Manual SECONDARY EMPLOYMENT 1041.1 PURPOSE AND SCOPE The purpose of this directive is to establish departmental policy and procedures regarding secondary employment (previously referenced as “paid details”). 1041.2 POLICY It shall be the policy of the New Orleans Police Department to afford members in good standing the ability to supplement their income by engaging in authorized secondary employment as assigned through the City’s Office of Police Secondary Employment (“OPSE”). Members providing secondary employment services to an individual or business shall be governed by those policies and procedures established by both NOPD and OPSE as it relates to their employment. Permission to work secondary employment is not an inherent right; but rather a privilege that can be granted at the discretion of the department to those commissioned police officers and certain non-commissioned employees who maintain high professional standards. Any attempt to circumvent or circumventing the requirements of this policy governing secondary employment or procedures established by the OPSE shall subject officers to discipline as warranted, up to and including dismissal. Employees or Reserve members working secondary employment do so as representatives of the New Orleans Police Department. Since public perception, moral character, and public associations are affected by the overall professional appearance of its’ members, it shall be the policy of the Superintendent of Police to require all secondary employment coordinated through the OPSE be reviewed and approved by his office for appropriateness. All members shall be subject to recall at any time for emergencies, special assignment and/or overtime duty. 1041.3 DEFINITIONS Availability List: Any list(s) established and maintained by the Office of Police Secondary Employment that contains the names, phone numbers, and available times of NOPD members who volunteer for off-duty employment. Customer Representative: The person duly designated by the customer to be his or her onsite representative for the purpose of communicating and, as appropriate, directing the operational employment of hired officers to achieve the customer’s security objectives. OPSE Control Number: Administrative number provided by the Office of Police Secondary Employment. Reviewing Authority: The supervisors in the member’s chain of command who are required to approve or disapprove a member’s Secondary Employment Agreement and Authorization Form (OPSE/NOPD Form Per-1). Revocation: Cancelling or withdrawing previously approved Secondary Employment Agreement and Authorization. Adopted: 2013/12/17/ Updated 2014/05/06 Page 1 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment Secondary Employment: The off-duty employment, for compensation, of any department member by another individual, business, establishment, or organization where the member is performing the duties of a police officer or a function of the police department. For the purpose of this policy, compensation means the total amount of monetary and non-monetary pay, however slight the value, whether tangible or intangible, provided to a member of the NOPD or a third party intermediary on the NOPD member’s behalf by an employer or the employer’s proxy in return for work performed as required. Split Shift: For the purposes of secondary employment, the term ‘split shift’ refers to an interruption of scheduled regular duty hours with the use of annual leave and returning to regular duty status within the same scheduled shift to complete a tour of duty. 1041.4 GENERAL The City of New Orleans has established an Office of Police Secondary Employment (“OPSE”) to independently administer and manage secondary employment. OPSE shall be this agency’s sole contact source responsible for coordinating all elements and services relating to secondary employment assignments. An individual or business representative contacting an NOPD member directly for the purposes of establishing a secondary employment service shall be referred by the contacted officer to OPSE for assistance. Secondary Employment opportunities shall be assigned and distributed as equitably as possible through procedures established by OPSE. NOPD commissioned employees, civilian employees or reserve members shall not individually or cooperatively coordinate secondary employment opportunities. New Orleans Police Department members shall only work secondary employment assignments coordinated through the OPSE. NOPD members interested in working secondary employment assignments must: a) Complete OPSE/NOPD Form Per-1 / Secondary Employment Agreement and Authorization. b) c) d) e) All NOPD members must complete form Per-1 in order to be considered for a secondary employment opportunity. Registration shall remain valid for one (1) calendar year from the date the form is processed by OPSE; Comply with procedures described in this regulation associated with secondary employment tracking, to include obtaining an item number, reporting location, and secondary employment logging procedures; Follow OPSE procedures to accurately record the hours worked by each secondary employment member. Any forms designed for this purpose must be signed by both the employer and secondary employment member. NOPD members may not sign for anyone but themselves; Agree to work the hours specified by the OPSE. Members are expected to arrive on time and leave only when properly relieved by the OPSE coordinator or operations manager, dismissed by the employer, or if ordered by a supervisor. NOPD members shall not establish their own hours; Comply with payroll procedures as established by the OPSE. The NOPD Compliance Section shall serve as direct liaison between NOPD and the OPSE. Only those members registered with the Compliance Section shall be eligible for secondary Adopted: 2013/12/17/ Updated 2014/05/06 Page 2 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment employment assignments through OPSE. Once registered, it is the responsibility of individual member to notify both the NOPD Compliance Section and Office of Police Secondary Employment regarding any changes in assignment status, contact information, etc. OPSE shall be responsible for coordinating the selection of NOPD members used to fill secondary employment openings. OPSE shall maintain an availability list containing the names, phone numbers, and available times of employees who have indicated an interest in working secondary employment as provided through the NOPD Compliance Section. Department members are prohibited from contacting the OPSE directly to request specific secondary employment assignments. The collection of all fees associated with an individual or business entity contracting secondary employment services shall be managed by OPSE. NOPD members working secondary employment assignments shall receive compensation for their service through payroll procedures administered by OPSE. NOPD members are not authorized to accept compensation from any individual or business entity contracting secondary employment services, except as arranged by and processed through the Office of Police Secondary Employment, in accordance with Louisiana Code of Governmental Ethics. Although all secondary employment worked by members are coordinated through OPSE, the Superintendent of Police, or his designee, reserves the right to review all secondary employment assignments coordinated through OPSE for suitability, conflicts of interest, and other considerations where the presence of a department member may not be appropriate. Decommissioned, restricted commissioned, or suspended members, cannot accept or engage in secondary employment. Regardless of any scheduled secondary employment assignment coordinated through OPSE, members shall not engage in a secondary employment assignment while absent in the following status: sick; Injured on Duty (I.O.D.); Workmen’s Compensation; Maternity Leave; Leave Without Pay (LWOP); or Suspended or under Administrative Reassignment with a restricted police commission. Members must return to full duty status and have completed a full tour of duty prior to working a secondary employment opportunity. Should a member working a secondary employment assignment be required to leave a secondary employment location before the scheduled end time based on exigent circumstances, the secondary employment member shall be responsible for notifying OPSE as to the reason and exact time he/she left the assignment. If OPSE indicates they will be unable to staff a replacement for the secondary employment position for the remainder of the assignment, the member shall contact a supervisor from the district where the assignment is being worked to request assistance with additional patrols or coverage, as calls for service permit. Members should be cognizant of their normal work schedule and court commitments when accepting secondary employment assignments through OPSE. Adopted: 2013/12/17/ Updated 2014/05/06 Page 3 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment Only a P.O.S.T. certified commissioned member who has successfully completed his/her F.T.O. training and has achieved permanent status as Civil Service “Police Officer I” may work police related secondary employment assignments unsupervised. a) P.O.S.T. certified commissioned members have who completed F.T.O. training, but have not obtained the permanent status of Civil Service “Police Officer I”, may work secondary employment if supervised by a ranking officer at the grade of sergeant or above.\ b) P.O.S.T. certified commissioned members hired as lateral transfers successfully completing F.T.O. training may work authorized secondary employment unsupervised. Commissioned ‘Reserve’ officers are allowed to register for and work secondary employment assignments through the OPSE. However, the following limitations and restrictions shall apply to all Reserve members: a) Plain clothes secondary employment coordinated through the OPSE must be approved by the Superintendent of Police or his designee prior to allowing any Reserve member to work a secondary employment assignment in plain clothes. b) Reserve officers shall not work secondary employment for their current employer. c) Reserve officers shall not work secondary employment during the first year after graduation from the Reserve Police Academy. d) Reserve officers who volunteer a minimum of thirty-six (36) hours in a calendar month are eligible to work a maximum of twenty-eight (28) hours of secondary employment in the following calendar month. (For example, a reserve officer who volunteers 36 hours in August will be eligible to work a maximum of 28 hours of secondary employment in September.) e) Reserve officers who volunteer a minimum of forty (40) hours in a calendar month will be eligible to work a maximum of thirty-two (32) hours of secondary employment the following calendar month. f) Reserve officers shall follow the same OPSE agreement and authorization procedure as established for full-time employees of the Department (OPSE/NOPD Form Per-1). The Secondary Employment Agreement and Authorization Form shall be submitted to the Commander of the Reserve Division for approval and forwarding through the chain of command. g) Reserve officers shall attach a copy of their monthly time report to OPSE/NOPD Form Per-1. h) Reserve officers shall follow all policies and procedures of the New Orleans Police Department and the Reserve Division while working secondary employment. i) Reserve officers are prohibited from coordinating secondary employment for any member of the department, either regular or reserve. Reserve officers are also prohibited from individually or cooperatively coordinating secondary employment and from collecting fees for secondary employment except as managed by through OPSE. Members authorized to work secondary employment may perform or engage in authorized assignments only during the hours they would normally be off-duty. Members may accept and work a secondary employment opportunity on an authorized leave day. Members are authorized to work secondary employment only in Orleans Parish, with the specific exception of members working traffic escorts coordinated and assigned by OPSE. Adopted: 2013/12/17/ Updated 2014/05/06 Page 4 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment While working secondary employment, members shall be governed by uniform policies and procedures, which include, but are not limited to: a) Members working a uniformed assignment will be attired in the full Class A or B winter/summer uniform and armed with an authorized weapon. The secondary employment member will conform to all department policies and procedures governing uniforms and appearance. b) Members are not authorized to work secondary employment assignment in the Task Force uniform. c) Plain clothes secondary employment assignments coordinated through the OPSE must be approved by the Superintendent of Police or his designee prior to allowing any member to work an assignment in plain clothes. d) Members working secondary employment assignments involving traffic control or as otherwise directed by a supervisor shall wear his/her traffic control vest while performing these duties. e) Civilian members working secondary employment shall be attired in their uniform of the day as directed by a supervisor. Secondary employment by NOPD personnel will be limited to a maximum of twenty-four (24) hours per seven day work week (Sunday through Saturday). Exceptions to the hour limitation may be granted for major special events where manpower requirements are so intensive that sufficient resources may not be available for the safe operation of the event (e.g. – Jazz Fest, Mardi Gras, etc.). Application for such an event exception will be made in advance via interoffice correspondence (NOPD Form 105) by a member or event commander which estimates the number hours a member may exceed the maximum threshold and forwarded through appropriate chain of command for final approval by the Superintendent of Police. Assignments in excess of the 24 hour limitation cannot be worked until the exception is preapproved by the Superintendent. No member, including Reserves, shall work more than sixteen (16) hours within a 24-hour period. (The 24-period begins the first time the member reports for either regular duty or secondary employment, after his/her eight (8) hour minimum rest period.) These hours are cumulative and include normal scheduled work hours, overtime, off-duty secondary employment, or outside employment. A commissioned member working a secondary employment assignment shall be responsible for conducting any police investigation, excluding traffic accidents, within the boundaries of the assignment area, including parking lots and exterior areas, and will be responsible for writing all reports unless the investigation is of such magnitude as to substantially remove the member from the assignment area or would significantly curtail their duties. A supervisor from the district of the secondary employment assignment shall ordinary make this determination. Field Operations Bureau officers shall assist in the transportation of arrested subjects for members working a secondary employment assignment. a) If the member is assigned a unique radio call number, the member will use that number as the primary car number for the secondary employment item number. If the member does not have a unique radio call number, he/she will use his/her badge number as their radio call Adopted: 2013/12/17/ Updated 2014/05/06 Page 5 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment number and give the dispatcher his/her name and place of assignment for entry under the item number compliant history. b) Members will submit a written incident report in connection with a secondary employment assignment through his/her normal supervisory chain of command. All reports, including state arrest reports, are processed through the member’s regular place of assignment, including the receipt of the report to the District Attorney’s Office. The approving supervisor shall forward a copy of the approved report to the commander of the district where the incident occurred within seventy-two (72) hours of the incident. c) When a member working an authorized assignment is required to investigate an incident classified as a UCR crime, the member will immediately notify the on-duty supervisor in the district of occurrence by radio or by telephone to brief the supervisor regarding the circumstances involving the incident. d) Department vehicles, when authorized for road construction or other traffic assignments, shall be used to enhance safety and visibility in or around the secondary assignment area. Vehicles shall supplement and not replace dismounted traffic control responsibilities. 1041.5 INSTRUCTIONS 1041.5.1 Requesting Member Any member interested in working secondary employment must first register with the Office of Police Secondary Employment by completing a “Secondary Employment Agreement and Authorization Form” (OPSE/NOPD Form Per-1) in accordance with listed instructions. The member shall submit a signed and dated copy of OPSE/NOPD Form Per-1, along with a copy of the member’s attendance record for the previous twelve (12) months, through their chain of command for final approval by the Superintendent of Police, or his designee. 1041.5.2 Supervisor Review It is the responsibility of the member’s immediate supervisor, District or Division Commander and Bureau Deputy Superintendent to ensure OPSE/NOPD Form Per-1 is correctly and accurately completed. Each reviewing supervisor in the requesting member’s chain of command shall consider the following when reviewing the Secondary Employment Agreement and Authorization Form: a) The thoroughness and accuracy of employee information entered under the Personal Information, Contact Information and Work Information sections of the form; b) The thoroughness and accuracy of entries related to Certifications (NOTE: If the requesting member is a “Police Officer 1”, each reviewing authority shall confirm the requesting member achieved permanent “Police Officer 1” status. All members of “Police Officer 1” rank are required to complete the “Date Off FTO” section listed under Certifications); c) The member has ‘initialed’ all relevant acknowledgements; d) The form has been signed and dated by the member; e) The requesting member’s overall attendance record over the previous twelve (12) months. All sick leave usage is considered, including those instances which are documented; and f) The requesting member’s overall work performance, including productivity and disciplinary record. If a reviewing supervisor does not approve an OPSE/NOPD Form Per-1, he/she shall note the reason(s) for disapproval (such as poor attendance record, poor performance, disciplinary Adopted: 2013/12/17/ Updated 2014/05/06 Page 6 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment problems, etc.) on the form and continue routing through the chain of command for final consideration by the Superintendent of Police. A copy of the disapproved form shall be forwarded to the requesting member and the NOPD Compliance Section by the supervisor not approving the request, including the reason(s) for disapproval. The member has the option of appealing the disapproved request using the procedure outlined in this policy. The Superintendent’s Office shall forward the completed Secondary Employment Agreement and Authorization Form (OPSE/NOPD Form Per-1) to the NOPD Compliance Section. The Compliance Section shall file the original form and forward copies to both OPSE and the member’s Deputy Superintendent. The member’s Deputy Superintendent shall distribute a copy of the form as follows: a) Member’s Commanding Officer for filing in the member’s personnel file; and b) Requesting member. Immediate supervisors and Division/District Commanders are responsible for conducting periodic performance reviews of a member under their command who has been previously approved to work secondary employment as assigned through OPSE. The purpose of this review is to assess the member’s suitability to continue to work secondary employment assignments during the one (1) calendar year edibility period granted under the OPSE registration process. The performance review shall include assessments of sick usage (both documented and undocumented), overall attendance record, disciplinary actions, and employee evaluation records. 1041.5.3 Revocation A previous authorization to work secondary employment through OPSE may be revoked at any time by the member’s immediate supervisor, Division/District Commander, Deputy Superintendent, or the Superintendent of Police. The supervisor electing to revoke a previous authorization shall immediate notify the NOPD Compliance Section of their intent. The Compliance Section shall in turn notify OPSE that the effected member is to be removed from their secondary employment eligibility list until further notice. a) In the case of such revocation, the member shall: 1) Immediately be provided verbal notice by a supervisor that the member’s secondary employment privilege has been revoked and the reason for this action; 2) Be provided written notice by a supervisor as to the reasons(s) for the revocation within seven (7) days of the revocation via interoffice correspondence (NOPD Form 105); 3) Sign the NOPD Form 105 acknowledging its contents. b) The signed form shall be forwarded to the Compliance Section via the chain of command. A copy of the NOPD Form 105 shall be sent to each reviewing authority listed on the Secondary Employment Agreement and Authorization Form (OPSE/NOPD Form Per-1). c) The revocation becomes effective immediately upon verbal notification. The member has the option of appealing a revocation order using the procedure outlined in this policy. d) Additionally, a member may be relieved of his/her position during the course of the secondary employment assignment by any ranking member if the member is performing duties contrary to the guidelines set forth in this policy or the member appears unfit to Adopted: 2013/12/17/ Updated 2014/05/06 Page 7 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment perform said duties. Any supervisor initiating such action shall immediately contact the Compliance Section for instructions and/or assistance. 1041.5.4 Appeals To seek reconsideration of a secondary employment disapproval or revocation, the effected member may appeal the decision in writing directly to the Superintendent of Police. In order to be considered, written appeals must be made within ten (10) days of the date of notice of disapproval or revocation. The Superintendent of Police is the final arbiter of an appeal. 1041.6 SECONDARY EMPLOYMENT TRACKING / LOGGING PROCEDURES All NOPD members working an authorized secondary employment shall, within thirty (30) minutes of the start of the assignment, call (504) 671-3680 in order to provide NOPD Communications with: a) b) c) d) e) f) Secondary employment location; His/her name; Badge number NOPD Employee ID Number (Located on Commission); Secondary employment phone number (If a phone number is not available, the officer must advise the operator which radio dispatch or special event channel he/she will be monitoring for the duration of the assignment); and Estimated end time of the secondary employment assignment. All NOPD members working an authorized secondary employment assignment shall, within thirty (30) minutes following the end of the assignment, call NOPD Communications at (504) 671-3680 to provide the operator with original item number assigned and close the item. The Communications Operator shall be responsible for: a) Generating a ‘secondary employment’ item number and providing the NOPD member with the item number. (Members shall not contact the dispatcher or Command Desk via radio to generate a secondary employment item number or be authorized to generate his/her own assignment item number via the MDT system.) b) Holding the secondary employment item number in a ‘pending’ status until the last NOPD member working at the assignment location calls (504) 671-3680 and closes the item. Communication notification requirements specified in the previous paragraphs shall be made in accordance with the following staffing guidelines: a) If a ranking supervisor is working the secondary employment assignment, notification requirements previously specified will be made by the highest ranking supervisor. The supervisor shall provide Communications with the necessary information for all members working the assignment. b) If there is no ranking supervisor working the secondary employment assignment, notifications will be made by the most senior officer. Seniority is determined by the officer’s rank (i.e.: PO I; II; III; IV) then by years of service. The senior officer shall notify everyone working the assignment of the item number. Adopted: 2013/12/17/ Updated 2014/05/06 Page 8 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment c) The reporting of secondary employment requiring five (5) or more officers will be made by the most senior ranking supervisor working the assignment. The supervisor will supply his/her information as required above and provide Communications with only the total number of officers working the assignment. It will be the responsibility of each officer working secondary employment to record their assignment via the ‘NOPD Applications’ website page under the ‘Paid Detail Log’ tab. Members shall complete this entry WITHIN THE FIRST HOUR OF THEIR NEXT TOUR OF DUTY, unless a delay is authorized by a supervisor due to exigent circumstances. However, log requirements shall be completed prior to the conclusion of the member’s tour of duty. A minimum 15 minute time frame must be allowed for travel to and from secondary employment assignments. District supervisors and Integrity Control Officers shall make themselves aware of the locations of active secondary employment assignments their respective districts and will conduct in person inspections of secondary employment sites based upon the frequency worked. Observed violations shall be communicated to the OPSE coordinator or operations manager and handled in accordance with established disciplinary procedures. Supervisors who receive a citizen complaint regarding a member’s performance while working a secondary employment assignment shall contact the Compliance Section for assistance and shall notify the OPSE coordinator or operations manager. 1041.7 SECONDARY EMPLOYMENT MINIMUM SUPERVISORY REQUIREMENTS The minimum supervisory requirements for secondary employment assignments are: a) Secondary employment requiring the simultaneous or overlapping schedule of one (1) officer up to four (4) officers may be worked without a ranking officer, with the most senior officer accepting responsibility for the assignment related notifications. b) Secondary employment requiring the simultaneous or overlapping schedule of five (5) to nine (9) officers shall have at least one (1) ranking officer of at least the grade of sergeant or lieutenant. c) Secondary employment requiring the simultaneous or overlapping schedule of ten (10) to fourteen (14) officers shall have at least two (2) ranking officers of at least the grade of sergeant or lieutenant. d) Secondary employment requiring the simultaneous or overlapping schedule of fifteen (15) to nineteen (19) officers shall have at least two (2) ranking officers of at least the grade of sergeant and one (1) supervisor of at least the grade of lieutenant. e) Secondary employment requiring the simultaneous or overlapping schedule of twenty (20) to twenty-four (24) officers shall have at least three (3) ranking officers of at least the grade of sergeant and one (1) supervisor of at least the grade of lieutenant. f) Secondary employment requiring the simultaneous or overlapping schedule of twenty-five (25) to twenty-nine (29) officers shall have at least three (3) ranking officers of at least the grade of sergeant and two (2) supervisors of at least the grade of lieutenant. g) Secondary employment requiring the simultaneous or overlapping schedule of thirty (30) officers or more shall have supervisory coverage in addition to that specified above based on the following graduated scale: Adopted: 2013/12/17/ Updated 2014/05/06 Page 9 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment 1) One sergeant or above for every five (5) members; 2) One lieutenant or above for every two (2) sergeants; 3) One captain or above for every three (3) lieutenants. Sergeants and Lieutenants are allowed to back-fill police officer positions; however, those supervisors electing to fill such a vacancy would be eligible for compensation at the hourly rate approved for the police officer position. Police Commanders, Majors and Captains shall only be allowed to fill open vacancies at a staffing level equivalent to a supervisor position; however, these senior supervisors electing to fill such a vacancy would be eligible for compensation at the hourly rate approved by the supervisor position. 1041.8 COMPLAINTS / UNSATISFACTORY PERFORMANCE Complaints received by the OPSE from a secondary employment assignment employer relative to the unsatisfactory performance of a NOPD member working an assignment shall be referred by the OPSE to the NOPD Compliance Office for preliminary investigation to determine if the employee has committed a violation of departmental policy or procedure. a) If warranted, corrective/disciplinary action may be taken by the Compliance Office, or the information may be turned over to the member’s District/Division Commander or Public Integrity Bureau, as appropriate, for additional investigation in accordance with established procedures. b) Information related to such complaints shall be recorded and maintained by the Compliance Section and Public Integrity Bureau. c) All conversations and actions between the OPSE and the secondary employment assignment employer registering a complaint shall be documented by a supervisor assigned to investigate the complaint. d) The NOPD Compliance Section shall periodically update to the Director of the OPSE as to the progress or final status of complaint investigations involving secondary employment assignments. An on-duty supervisor performing inspection at a secondary employment site shall take appropriate disciplinary action for any departmental violation involving a secondary employment member’s performance. Should the supervisor believe the violation warrants the immediate removal of the member from the assignment; the supervisor shall contact the NOPD Compliance Section to determine the appropriate course of action. Whenever it becomes necessary to relieve a secondary employment member from assignment, a supervisor from the Compliance Section shall contact the OPSE to notify them of the action being taken and the exact time the member was relieved. If the OPSE is unable to staff a replacement for the duration of the assignment, a Compliance Section supervisor shall contact a supervisor from the district where the assignment is being worked to request assistance with additional patrols or coverage, as calls for service permit. Should an on-scene inspection of a secondary employment site reveal the nature of the assignment or business being conducted at the location is contrary to established guidelines; the supervisor conducting the inspection shall immediately notify the NOPD Compliance Section. The Commander of the Compliance Section shall assist in making a determination as to whether or not the assignment conforms to department standards. If it is determined that the Adopted: 2013/12/17/ Updated 2014/05/06 Page 10 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment assignment does not conform, the Compliance Section shall immediately notify the OPSE that the secondary employment assignment is being suspended and that no additional NOPD members shall be allowed to work the assignment pending a formal review. 1041.9 USE OF DEPARTMENTAL VEHICLES FOR SECONDARY EMPLOYMENT The Office of Police Secondary Employment must approve any use of a departmental vehicle or other specialized equipment being used in the course of a secondary employment assignment. Department vehicles shall be provided only to perform a practical service associated with the specific assignment, not for the “comfort” of the member. NOPD Management Services Bureau’s Fleet & Equipment Services Section shall be responsible for establishing a system for coordinating the availability of vehicles for secondary employment assignments as authorized for use through OPSE. Vehicles will only be assigned to members if required in the course of providing assignment support services, not simply for the convenience of traveling to and from assignments. Members who are assigned an authorized take-home vehicle in accordance with C.A.O. Policy Memorandum No. 5(R) shall record their vehicle information on OPSE/NOPD Form Per-1 where indicated and may use their vehicle in support of secondary employment services when approved by the OPSE. Unmarked vehicles shall not be used for secondary employment traffic escort assignments. NOPD employees shall be responsible for the proper care and maintenance of all equipment issued or assigned to them and shall exercise all due precautions to prevent theft, loss, or damage. 1041.10 RESTRICTIONS NOPD employees shall not be permitted to select substitutes or allow another employee to work an assigned secondary employment position in place of the employee scheduled by the OPSE. Members of the New Orleans Police Department are prohibited from participating in the solicitation or coercion and the individual coordination of secondary employment opportunities. Department members are prohibited from knowingly participating in, or soliciting the creation of, any corporation, company, trust, fund, or cooperative banking account for the purpose of billing, receiving compensation, or coordinating the services of secondary employment. NOPD members shall not be authorized to provide secondary employment services for City agencies or any of its political subdivisions. Departments or agencies requiring police service enhancements shall be covered under ‘City Rolls’ assignment or approved overtime reimbursement. No employee working secondary employment assignment can supervisor another employee of higher rank. Adopted: 2013/12/17/ Updated 2014/05/06 Page 11 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment Members are not permitted to engage in secondary employment inside a bar, lounge, alcoholic beverage outlet (ABO), and establishments where the primary source of revenue is derived from the sale of alcoholic beverages consumed on the premises. Members shall not work an assignment that will interrupt or occur during the employees assigned on-duty NOPD shift. In order to avoid any disruption in regularly scheduled police services, members are prohibited from accepting secondary employment assignments that would require a split shift. Members shall not work for a company or business which provides private guard services, brokers, or individuals who profit from the services of a secondary employment member. Members are not authorized to perform the below listed types of secondary employment: a) Any employment where a conflict of interest with the City can reasonably be demonstrated, which include, but are not limited to, Psychological Stress Evaluation, Computerized Voice Stress Analysis, and Polygraph examinations; b) Private investigators; c) Bartenders, cocktail waiters or waitresses; d) Doormen, bouncers, barkers, or ticket takers; e) Bail bond or bonding companies, or agents for same (bounty hunters); f) Collection agent for any person or entity; or g) Courier for the transportation of cash, receipts, or deposits for individuals or entities; h) Chauffer services; except where chauffer services to public officials, executives or celebrities is secondary to a primary purpose of security. Notwithstanding the foregoing prohibition, motorcycle escorts for chauffer services and limousines is permitted; i) Security at “sexually oriented” businesses; j) Employment requiring that the employee act as a civil process server; and k) Security at pawn shops NOPD employees are prohibited from working secondary employment that conflicts with the employee’s NOPD duties and ethical obligations. Prohibitions include: a) Representing anyone before any court or agency of the City of New Orleans, with or without compensation, on a matter in which the City of New Orleans is a party or has a substantial interest; b) Serving as an expert witness in his or her private capacity in any civil or criminal proceeding in which the City of New Orleans is a party or has a substantial interest; c) Working secondary employment during court hours while the employee is under a conflicting subpoena; d) Disclosing confidential information acquired in an official capacity to any secondary employer; e) Using on-duty time to conduct investigations or take other law enforcement action on behalf of a secondary employer, where there would be an actual conflict of interest or appearance of a conflict of interest. Adopted: 2013/12/17/ Updated 2014/05/06 Page 12 of 13 New Orleans Police Department Policy Manual Policy 1041 - Secondary Employment Members of the New Orleans Police Department are prohibited from working secondary employment or outside employment in any facet of land-based or river boat casino-type gaming establishment without prior approval of the Superintendent of Police including but not limited to: a) parking lots and or shuttle locations owned or leased by any casino or gaming consortium; or b) providing security for patrons attending or department land based or river boat gaming establishments. Members of the New Orleans Police Department are prohibited from working secondary employment or outside employment in any facet of the electronic and/or video poker industry, including maintenance or servicing video poker machines, without prior approval of the Superintendent of Police. NOPD employees working secondary employment are not permitted to receive any compensation, either cash or in-kind, including bonuses or gifts, unless such compensation, bonus, or gift, is provided through and documented by the Coordinating Office and is in accordance with the Louisiana Ethics Code for public employees. Nominal compensation in the form of food or beverages is permitted in accordance with the Louisiana Ethics Code for public employees. Travel time to and from secondary employment shall not be compensated, unless it involves specialized patrol services or use of specialized equipment. NOPD employees are not permitted to solicit secondary compensation or employment. Individuals or entities seeking to retain the services of NOPD employees for secondary employment must contact the OPSE. Adopted: 2013/12/17/ Updated 2014/05/06 Page 13 of 13