3-260237 Attachment C-Wichita Police Department Policy 213 - Off-Duty Work.pdf

WICHITA POLICE DEPARTMENT

POLICY MANUAL

Policy 213 Off-Duty Work

Revised 04/25/2016 Page 1 of 4

POLICY 213

OFF-DUTY WORK

I. PROCEDURES

A. General Guidelines

1. No commissioned officer of the Wichita Police Department shall perform any law enforcement-related, off-duty work until after he/she has successfully completed recruit academy training and Field Training Program.

2. Any officer desiring to work an off-duty job, paid or non-paid, that is either directly or indirectly related to any law enforcement function shall obtain approval, via the Electronic Off-Duty Job Request, from the appropriate Field Bureau Commander prior to accepting the off-duty employment.

3. Any officer working an off-duty job, paid or non-paid, that is either directly or indirectly related to any law enforcement function shall call Emergency Communications to report such work (employment). The officer will report to Emergency Communications at the beginning of the employment, the location of the employment, and whether or not a police radio is available for use by the officer. Officers will use their identification number to report such employment.

Officers will also call Emergency Communications when the employment is finished.

4. No commissioned officer of the Wichita Police Department shall perform any law enforcement-related off-duty work while on light-duty status, during a suspension, or on personal sick leave from the department.

5. No commissioned officer of the Wichita Police Department assigned to the Special Investigations Bureau Undercover section shall perform any law enforcement-related off-duty work.

6. When a vendor desires to hire an officer for off-duty work, he/she shall be referred to the appropriate Bureau personnel (where the off-duty work is to be performed), who shall fill out the Electronic Off-Duty Job Request form and submit it to the Bureau Commander or above for approval. Once approved, the request will appear on the Off-Duty Job Calendar on the Secure Portal under Field Services and officers may sign up for it on a first-come first-serve basis.

7. An officer employed off-duty in any capacity relating to his/her status as a commissioned Wichita Police Officer shall assume full responsibility for all cases he/she initiates during the course of such employment including all reports, forms, Policy 213 OFF-DUTY WORK

Policy 213 Off-Duty Work and case-cutting procedures necessary for cases.

8. When it is not appropriate to have an owner retain possession of physical evidence, on-duty officers shall submit evidence obtained in cases initiated by off-duty officers. Prior to leaving the scene, the on-duty officer shall ensure that the following have taken place:

a. All necessary paperwork is completed by the off-duty officer;

b. All evidence is property marked and includes the initials of both the on-duty and the off-duty officers;

c. Proper notation is made in the case to protect the chain-of-evidence; i.e., the transporting officer’s name must appear in the Incident Report, and must be given to the Case Desk as a witness when the case is cut.

9. When dispatched to assist an officer who is working an off-duty, on-duty officers shall transport adult prisoners to the Adult Detention Facility, or juvenile prisoners to the Juvenile Intake Assessment Center or Juvenile Detention Facility, for the off-duty officer. The off-duty officer need not accompany the on-duty officer if all paperwork necessary to complete the booking procedure is completed prior to the transporting officer leaving the scene.

10. When it is necessary to contact a supervisor for authorization to book a suspect, such permission shall be obtained by phone prior to the on-duty officer transporting the prisoner.

11. If a case initiated by a civilian employee of the same business that is also employing an off-duty officer, the off-duty officer will be responsible for the case.

12. Officers performing off-duty work shall adhere to all departmental policies and regulations, with particular attention given to Regulations governing off-duty work [Regulation 3.17].

13. Officers who sign up to work off-duty jobs will be held to the same standards as during normal work. This includes arriving to the off-duty assignment on time with all equipment and displaying a professional demeanor. Violations of WPD regulations while officers work in off-duty status will be enforced. In the event an officer cannot work the off-duty job that he/she signed up for, it is his/her responsibility to find a replacement. Violations of WPD regulations or repeated failure to report to off-duty jobs will be just cause to deny officers the ability to work future off-duty jobs.

14. Officers who are injured while conducting a police related activity while working off-duty shall contact an on-duty supervisor. The on-duty supervisor shall fill out the proper worker’s compensation form and submit through channels. The

Policy 213 OFF-DUTY WORK officer’s immediate chain-of-command shall be notified regarding the officer’s injury.

15. Only the standard issue uniform may be worn for off-duty work unless exempted by a Bureau Commander.

B. Off-Duty Bar/Nightclub Establishments

1. Officers are not allowed to work inside nightclub establishments where alcohol or CMB is being served or sold. (For this policy only, the term alcohol includes Cereal Malt Beverages CMB).

2. Officer’s may be allowed to work on the exterior of the property or on the grounds where alcohol is being sold or served if the following conditions are met:

a. The request for off-duty employment must be made by property owner or the business owner/license and shall be reviewed and approved by the Bureau Commander of the geographic area in which the business is located or a Division Commander.

b. The Bureau Commander has reviewed the request and approved it based upon need for off-duty officers (For the purposes of establishing need, crime statistics, neighborhood complaints or other valid data may be used). The Special Investigations Bureau-Vice Section should be contacted to determine if any criminal activity or ongoing investigations relating to the property owners or business management exists that could make a business relationship between WPD officers and the business inappropriate.

c. Officers working for a nightclub shall not perform “bouncer” duties.

Officers will provide security outside the entrance(s) and in a parking lot under the control of the nightclub for which the officer is working.

Officers will only perform work inside the business to address violations of law and/or to preserve or restore peace.

d. At any point that the Bureau Commander or his or her designee feels that the off-duty work is no longer necessary or is no longer compatible with the department’s mission, the job may be terminated after communication with the owner of the property.

3. Officer’s working off-duty at nightclub property where alcohol is served or sold will have a portable radio with them and be logged on with the proper dispatcher.

4. Officers who witness incidents of a police nature at an off-duty property will intervene as necessary until on-duty officers arrive at the scene. If the case was self-initiated by off-duty personnel then they are responsible for paperwork

Policy 213 OFF-DUTY WORK related issues as states in Section A7. If the call was dispatched and off-duty is responding due to proximity then the paperwork will be completed by the on-duty personnel.

5. Off-duty officers may not work on any property owned by a person that has had or currently has any license violations in the past five years for any morals, vice or liquor-law violation.