MILLARD COUNTY SHERIFF’S OFFICE
POLICY AND PROCEDURES
OFF-DUTY AND EXTRA-DUTY EMPLOYMENT
EFFECTIVE DATE: 05/08/2012 REVIEW DATE: 05/08/2012
The purpose of this order is to set forth guidelines to govern off-duty or extra-duty employment by members of the Sheriff’s Office.
To ensure that any off-duty or extra-duty employment is not a detriment to the rest, revitalization and ability of Millard County deputies to perform their primary functions. To ensure off-duty or extra-duty employment does not cause a conflict of interest or discredit the integrity of the Millard County Sheriff’s Office.
Employment: The provision of service, whether or not in exchange for a fee or other service. Employment does not include volunteer/charity work unless in the capacity of a peace officer.
Extra-Duty Employment: Any outside employment under authority of the Sheriff’s Office that is conditioned on the actual or potential use of law enforcement powers by the Deputy.
Off-Duty Non-Law Enforcement Employment: Any employment outside of the Sheriff’s Office that will NOT require the use or potential use of law enforcement powers by the off-duty employee.
- The authority of the Sheriff to restrict off-duty or extra-duty employment is covered in the Millard County Personnel Policies and Procedures Manual. There are three types of off-duty employment which a Sheriff’s Office employee may engage:
- Extra-Duty Employment: Employees may engage in extra-duty employment as follows:
- When such employment is outside the authority of the Sheriff’s Office but has the actual or potential use of law enforcement powers.
- Off-Duty Employment: Employees may engage in off-duty employment wherein the use of law enforcement powers in not anticipated
- Employees may engage in non-law enforcement off-duty employment that meets the following criteria:
- Employment of a non-law enforcement nature in which vested law enforcement powers are not a condition of employment. The work or service provides no real or implied law enforcement service to the employer and is not performed during the assigned hours of duty.
- Employment that presents no potential conflict of interest between the duties as a member and the duties for the secondary employer. Some examples of employment representing a conflict of interest are:
- As a process server, repossessor, or bill collector, towing vehicles, or in any other employment in which police authority might tend to be used to collect money or merchandise for private purposes.
- Personal investigations for the private sector or any employment which might require the member to have access to law enforcement information, files, records or services as a condition of employment.
- Any use of the Sheriff’s Office uniform in the performance of tasks other than that of a police nature.
- Assists (in any manner) the case preparation for a non-government lawyer in any criminal or civil action or proceeding unless approved by the Sheriff.
- For a business or labor group that is on strike or potential of a strike exists.
- Employment where liquor is consumed.
- Employment that does not constitute a threat to the status or dignity of a Sheriff’s Deputy as a professional occupation. Examples of employment presenting a threat to the status or dignity of the law enforcement profession are:
- Establishments which sell pornographic books, magazines, sexual devices, or videos; or that otherwise provide entertainment or services of a sexual nature.
- Any employment engaging in the sale, manufacture, or transport of alcoholic beverages as the principle duties or business.
- Any gambling or gaming establishment not exempted by law.
- In order to be eligible for off-duty/extra duty employment, an employee must be in good standing with the Sheriff’s Office. Continued Office approval of an employee’s off-duty/extra duty employment is contingent on such good standing.
- Prior to obtaining off-duty/extra duty employment, sworn and non-sworn employees shall submit, through the chain of command, to the Sheriff, a letter requesting permission to engage in the specific off-duty/extra duty employment. After approval by the Sheriff, the original will be filed in the employee’s office personnel file, a copy to the employee’s supervisor, and a copy will be returned to the employee. These applications will be required to be renewed annually.
- An employee may work a maximum of 24 hours of off-duty or extra-duty employment, or a total of 64 hours in combination with regular duty in each calendar week unless approved by the Sheriff.
- Work hours for all off-duty members must be scheduled in a manner that does not conflict or interfere with the members office duties.
- A Sheriff’s member engaged in off-duty employment is subject to call-out in case of emergency, and may be expected to leave his/her off-duty employment in such situations.
- A member working off-duty employment may be requested to return to on-duty status when:
- Calls for service (CFS) in the business or general area of the off-duty employment are law enforcement in nature; and,
- Such law enforcement (CFS) situations requires on-duty action; and,
- Such action is approved by the shift supervisor or approved by a supervisor as soon as practical
- When possible, the approving supervisor will give time parameters for the situation to be completed or turned over to a regular-duty Sheriff’s member.
- The on-duty hours worked are subject to all Sheriff’s Office and Millard County policies and procedures. While within the on-duty status, members will be supervised by the on-duty supervisor.
- A member moving from an off-duty employment to an on-duty status will be paid by the County, based on FLSA standards for approved hours worked.
- No member will be paid by the off-duty employer and Millard County for the same hours worked.
- An overtime request will be submitted to the member’s supervisor for the approved on-duty time worked. That document will include the approving supervisor’s name, with a brief description of the on-duty situation handled.
- As soon as practical, the member will move back to his/her off-duty status, being paid by the off-duty employer.
- When practical, an off-duty employer may assist with the on-duty hourly rate of those member’s moving from an off-duty status to an on-duty status.
- Permission for a Sheriff’s Office employee to engage in outside employment may be revoked where it is determined that such outside employment is not in the best interest of the Office by the Sheriff.
- An employee shall not engage in outside employment while carried on sick or injured status except by special permission of the Sheriff.
- The Sheriff my stipulate any condition of approval he/she feels necessary for control of an employee’s outside employment practices.
- Failure to comply with the above procedures may result in revocation of permission for off-duty and/or extra-duty employment, and could result in disciplinary action by the Office and/or County.
- Security work authorized by the Sheriff is subject to the following regulations:
- Members will be familiar with and comply with the Security Licensing and Regulation Act (1979), as amended.
- Members are prohibited from using uniforms or office equipment.
- Members will provide and maintain in force an approved, ”Covenant of Indemnification and Insurance”, and submit a copy of the insurance certificate.
- Consistent with acting as security personnel, deputies will make any arrests as private citizens and remand custody of those arrested to on-duty deputies, and will not issue citations.
- The Captain will ensure a process is in place to document the following data associated with extra-duty employment:
- Date, time, and place of employment.
- Incidents that involved use of law enforcement powers.
- Incidents of injury to Deputies or others.
- Complaints received as a result of the extra-duty or off-duty employment.
- Court appearances (scheduled and actually attended) resulting from extra-duty employment.
- Liability and indemnification concerns stemming from actions during extra-duty employment.
- Probationary members are prohibited from working extra-duty or regular off-duty employment.
- The Sheriff may grant exceptions to this policy.