POLICIES
AUSTIN POLICE DEPARTMENT A307
GENERAL ORDERS, POLICIES, AND PROCEDURES
Part A- General Policies and Procedures
Chapter 3-General Conduct
*similar policy has been implemented by many agencies, including Sheriffs and DPS **The full 9 page policy has been modified for space purposes, but can be obtained at your local APD station.
A307 Secondary Employment
Secondary employment is a privilege. While allowing employees to pursue legitimate sources of supplemental income, it is imperative to maintain an agency in which its employees are physically fit and mentally alert. Additionally, the appearance of impropriety must be avoided. Employees are prohibited from accepting, or engaging in, any outside business or employment that might conflict or interfere with the employee’s responsibility to the Department. The Chief or designee, reserves the right to approve, deny, revoke, add restrictions or allow exemptions to any provision of this policy.
.01 Definitions
Secondary employment is defined as any outside employment, either law enforcement related or non-law enforcement related.
A. A. Law Enforcement Related Employment (LERE) – any secondary employment that is conditioned on the actual or potential use of law enforcement powers by the officer (e.g., city overtime, private security contracts). Court Overtime, late calls, overtime related to workload, or emergency holdovers are not considered city overtime for the purposes of this policy.
.02. General Provisions
F. Employees are restricted from working secondary employment assignments if:
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The employee is on limited duty assignment.
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The employee is on injury leave, administrative leave, light duty, or leave of absence.
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The same day the employee has fail to report for regular duty due to illness or injury
G. Employees will NOT work LERE while on restricted duty or suspension. No officer, including those employed as a courtesy officer, may take action as a peace officer while on suspension or restricted duty.
H. Corporals may NOT be hired to work LERE in a supervisory role.
J. Employees are prohibited from performing any secondary employment during on-duty hours.
K. Employment outside of the city limits of Austin:
1. Employees will NOT perform LERE outside the corporate city limits of Austin.
M. Employees shall NOT be permitted to obtain a permit or license from the Texas Board of Private Investigators and Private Security Agencies. No employee may be employed by, or through, any individual, firm, association, company, partnership, corporation or other entity which holds a license or permit from the Texas Board of Private Investigators and Private Security Agencies.
O. Employees shall NOT work for, or engage in, the following types of secondary employment:
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A bad check or bill collector.
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A repossession agent or agency.
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A wrecker company.
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Any other employment in which law enforcement authority might be used to collect money or merchandise for private purposes.
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Where it is expected the employee will enforce company policies or rules (commonly known as “house rules”). -THIS MEANS NO ENFOCEMENT OF APARTMENT RULES.
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A bouncer- THIS MEANS NO CLUBS
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A bar or other establishment or event where liquor, beer or other alcoholic beverages are sold and/or consumed on premises and the sale of alcohol is the principal source of income. - AGAIN, THIS MEANS NO CLUBS OR BARS!
This includes contracting with a leasing company for “strip centers” where a bar or other such drinking establishment is a tenant, and the obvious reason for the need of officers is due to that tenant.
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Any employment, which involves the manufacture or transportation of alcoholic beverages as the principal business.
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A courier of monies, jewels, bonds, securities, or other things of value, except as additional security for such a person or business.
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A pawnshop.
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A sexually oriented business.-THIS MEANS NO STRIP CLUBS!
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Protection of management, employees, or property during a strike or labor dispute.
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For a business or labor organization that is on strike (e.g., “strike buster”).
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For any person or organization which advocates hatred, prejudice, or oppression of any racial, ethnic, gender or religious group, or which disseminates defamatory materials.
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By political parties or employment that favors one candidate over another.
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Any business or establishment in which gambling is the principal business.
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By an employer known to engage in criminal activity.
Employees may NOT engage in any type of secondary employment, which might:
1. Render the employee unavailable to respond during an unanticipated emergency;
2. Physically or mentally exhaust the employee to the point that the employee’s performance is affected-MEANS WORKING TOO MANY TOTAL HOURS.
.03 Limitations on LERE Hours Worked
- A. Employees shall NOT work in excess of 76 combined regular duty and LERE hours per work week.
- B. All LERE hours (OFF DUTY HOURS) must be recorded on the officer’s timesheet and not exceed a maximum of 36 hours LERE.
.04 Equipment and Uniform Issues
A. Employees will NOT use Department-issued equipment in any secondary employment, with the following exceptions:
- 3. Police vehicles are NOT normally to be used for LERE. If a police vehicle is needed for any reason, the request must go through the Department and be a City Overtime assignment.-MEANS CAN NOT PATROL YOUR PROPERTY IN THE POLICE CAR FOR OFF DUTY WORK!
.07 LERE Courtesy Officers
Officers receiving discounted rent in exchange for service as a security/courtesy officer are considered to be working LERE. Officers are prohibited from “unofficially” accepting discounted rent or reduced rental rates in exchange for these services.
A. Any employment as a courtesy officer must be approved as LERE.
- The employer (client) is required to complete the Addendum to the Law Enforcement Related Employment Agreement for Apartment Complex Form (PD0036c). The property owner/manager is required to list, in detail, the specific expectations of work to be rendered and the estimated number of hours per week that the employee will work as part of the LERE agreement.
- The apartment complex addendum form will be filed in APD-HR along with the original LERE contract.
B. Officers assigned to patrol will NOT be employed as a courtesy officer within the area command to which they are regularly assigned. (-means if they work that area, they can’t)
- Should an officer be transferred so that they are in conflict with this provision, it is the officer’s duty to immediately terminate the LERE agreement.
- Officers shall not respond to, while on-duty, to complaints at any property for which they are employed unless dispatched to that location by Communications or authorized by an APD supervisor.
C. Courtesy officers shall confine their duties to those of a law enforcement nature. Notifications of evictions, collection of rent, bad checks, and enforcement of complex rules, regulations or policies that are not violations of the law are strictly prohibited. *This clearly means they can not enforce, curfew, noise, pool/parking issues, loitering/trespassing lease violations and much more
.08 Coordinators and Supervisors of Secondary Employment Other than City Overtime
- A. Employees cannot recruit or solicit persons or organizations for, nor advertise for or accept, any secondary employment while on duty or in uniform.
- B. Under NO circumstances shall any employee accept cash payment intended for anyone other than themselves. The coordinator shall not receive any fee or “cut” from the other employees for their action as the coordinator.
- C. Coordinators will not exercise hiring and firing authority over other employees working for the secondary employer. Only employers may hire or terminate employees. *this means you can not run an unlicensed security service, schedule other officers, pay them ,etc
.10 Secondary Employment Documents
Employees desiring to engage in secondary employment other than City Overtime will have the following forms completed, approved, and on file with APD-HR:
A. Application for Secondary Employment Contract (PD0036)
1. This document must be completed and signed by each employee establishing a secondary employment agreement with a prospective employer.
2. Employees engaging in Non-LERE employment are required to complete this document for each business they are affiliated with.
3. Austin Police Association (APA) LERE Assignments
- a. Officers desiring to engage in LERE through the APA will complete the paperwork as a “Subsequent” applicant. Only one (1) application per employee is necessary.
- b. LERE applications for APA assignments must be approved and copies retained/routed in the same manner as any other LERE. (*this means you have to have the proper paperwork in place or you are in violation with your employer and they must approve of your assignment.)
6. The business and the owner(s) for whom the application applies will be the subject of a background investigation conducted through the APD Intelligence Unit (APD-Intel).
Officers must complete the ‘Addendum to Master Liability Agreement for Apartment’ (PD0036c) if engaged in LERE as a courtesy officer.
Bottom line points:
- Forms must be filed with department
- Client must sign agreements with city and turn time in
- Officer must notify and receive formal permission from department prior
- Client will under go a background check from the department prior
- Officers can NOT enforce ANY complex rules
- Officers are NOT insured
- Client must sign (PD0036c) waver of liability agreement
- Officer can NOT work in areas he/she patrols
- Officers can NOT work clubs or bars
- Can NOT use police vehicles for security work
- Officers can hold NO security licenses, or be affiliated with any security company in any way.
MAIN ISSUE IS THEY DO NOT CARRY THEIR OWN INSURANCE AND THE DEPARTMENT WILL NOT COVER YOU, THE OWNER OR THE MANAGEMENT COMPANY ON ANY INCIDENT OR LAWSUIT
Similar policies have been implemented by many agencies, including Sheriffs and DPS.
The full 9 page policy has been modified for space purposes, but can be obtained at your local APD station this policy was implemented and signed by the Chief in 2009. This is not an official police document, and again has been modified for space, but is available to the public.
If you or the officer have not filled out form PD003c including singing the Master Liability waver and turning his/her time into the city, that should indicate he/she is not approved to be there.
In addition to certain following laws, regulations and above policies you should be aware that both the pay for the courtesy officer or “free/discounted rent” in exchange for services must be claimed as income for tax purposes to the IRS at the true value of the rent he/she is receiving or pay. Failing to report/claim is a violation of Federal law for both parties.
NON-law enforcement courtesy officers:
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You should know;
To work as a security officer in the State of Texas you must be employed by a licensed security service contractor (security company) You are required to be registered with the State of Texas Department of Public Safety-Private Security Bureau. If you are classified as in-house security and work for no one other than your employer, this law still applies to you. The employer must have a “Letter of Authority” issued to a “Private Business” and they will still have to license you under their name. Same as if you were working for a Security Company.
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You should know;
It is illegal for a CLIENT to contract or employ a person who is required to hold a license, to perform any security type services in Texas. Hiring unlicensed security officers whom do not work for licensed security companies or hiring off-duty law enforcement officers (whom don’t meet the State’s definition) are both Class A Misdemeanor criminal offenses. These are offenses that can be charged against THE CLIENT under State Statute §1702.386 of the Texas Occupations Code. Even if your in-house guard works for a licensed company, that company must have you under contract for your specific property, and no guard sharing with next door or your resident works for a guard company and walks around your complex with his uniform on for pay or discounted rent, IT IS ILLEGAL.
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You should know;
Even if you do not call your courtesy officer “security” if he/she is performing Any type of similar function on your property, the state has already determine you and the courtesy officer are in violation. In addition to fines and fees the unlicensed guard (including business and individual licenses) can be arrested. The in-house guard must also claim his rent compensation as “taxable income”, and failing to do so is a violation of Federal law. Lastly the in-house guard does not carry the required liability insurance. Bottom line do not do it, and saving a buck here will cost everyone in the long run.
