I. DEFINITION

"Outside Employment" is the participation in any other calling or engaging in any other business for emolument or compensation and the acceptance, either directly or indirectly, of any kind of payment for any service performed, either directly or indirectly, from any person, firm, company or corporation other than the Hawaii County Police Department. "Outside Employment" shall not be confused with Special Off-Duty Employment as defined in General Order 413.

II. RESPONSIBILITY

A. All members who desire to engage in outside or off-duty employment must recognize that their primary duty, obligation and responsibility is at all times to the police department.

B. Members must also recognize that employment or activity shall be within propriety and the employee and/or the department will not be compromised, nor will the employee's efficiency or the efficiency of his unit or division be affected.

C. Members are subject to call at any time for emergencies, special assignments or overtime duty, and no outside or off-duty employment may infringe on this obligation.

D. Members who are directed to report for duty on their days off or who are required to work overtime will do so.

E. Police officers while engaged in outside or off-duty employment shall at all times take proper police action on any offense or condition which would normally require police attention.

F. In any situation involving labor controversy of any kind which in any way affects the secondary employment, members have a responsibility to contact the Chief of Police to seek his advice. Such advice will be acted upon as given.

G. Members shall be guided by Article XIV, Code of Ethics, of the Hawaii County Charter as amended, Outside Employment Policy of the Hawaii County Police Commission, and any or all applicable Civil Service Rules and Regulations, County Ordinances or State Statutes. In the event of questionable employment or activity, the Chief of Police may request an advisory opinion from the Office of the Corporation Counsel and/or the County Board of Ethics.

III. SANCTION TO ENGAGE IN OUTSIDE EMPLOYMENT

A. Members are expressly prohibited from following any other calling or engaging in any other business, employment, or service at any time for compensation or any kind of payment as provided herein.

B. Members are permitted to engage in outside employment after duty hours, during furlough or leave periods or when under disciplinary suspension provided such employment is not inconsistent or incompatible with, or does not interfere with, the proper discharge of their duties, or in any way reduce their effectiveness as members of the police department.

C. Members engaged in outside employment shall not be entitled to claim for injury leave from the police department in the event of injury sustained while being employed by any private individual, organization or concern.

D. Members engaged in outside employment shall provide a certified copy of their attendance record, upon request by a commanding officer.

IV. REQUEST FOR OUTSIDE EMPLOYMENT

A. Members who wish to engage in outside or off-duty employment shall submit a "Request for Outside Employment (PO/Form 10)" to the Chief of Police via his commanding officer.

B. The completed form in triplicate, with the required signatures, shall be submitted at least seven (7) scheduled working days prior to the date the member wishes the employment to become effective.

C. On approval of the application, the original shall be placed in the personnel file; the duplicate copy shall be returned to the applicant; the triplicate copy shall be forwarded to the unit commander.

D. All unit copies shall be kept in the unit files in the order of their date of approval for a period of twelve (12) months, after which they shall be reviewed to determine the member's outside employment status.

E. Upon a satisfactory review by the unit commander the member's permit to engage in outside employment may be validated for an additional twelve (12) month period, should the member wish to continue his outside employment status.

F. It shall be the member's responsibility to inform the unit commander of any revisions, changes or terminations to the member's outside employment status.

G. The unit commander upon receipt of information which revises or changes the member's outside employment status may require the member to submit a new "Request for Outside Employment (PO/Form 10)" for approval.

H. On completion or termination of the employment the applicant's permit shall be returned to the Chief's Office via the unit commander with the termination date noted thereon.

I. Unit commanders will review the outside employment file on a monthly basis to insure that members are not engaging in outside employment beyond the conditions and limitations of their approved requests.

J. Commanding officers will continuously review the performance of members who engage in outside employment and will recommend it's termination if the member does not meet his departmental responsibilities to the fullest extent.

K. An approved request for outside employment may be cancelled at any time by the Chief of Police.

V. RESTRICTIONS ON OUTSIDE EMPLOYMENT

Members shall not engage in any outside employment where:

A. The outside employment or the place where it is performed are such as to bring either the department or the applicant into disrespect or disfavor, or involve the applicant in violations of the rules and regulations or general orders.

B. The outside employment or the place where it is performed are such as to impair the applicant's efficiency or capabilities as a member of the department, or interfere with his response to emergency calls.

C. The outside employment would require the applicant to appear in the police uniform, or conduct investigations or avail himself of official police equipment, records, documents, files or police services, or involve service of civil process.

D. The outside employment would involve the collection of bills or accounts or require the use of police power for private purposes of a civil nature.

E. The outside employment would involve the sale, mixing, or serving of intoxicating liquors in open containers, or work as a doorman or bouncer.

F. The outside employment would involve the operation of a tavern, bar or other establishment where the principle business is the sale of intoxicating liquors for consumption on the premises.

G. The outside employment would involve operation or control of any taxicab or is connected with the towing of vehicles.

H. The outside employment would involve the use of the applicant's name in any type of advertising.

VI. EMPLOYMENT OF OFFICERS IN SALES AND SECURITY

A. General Limitations

1. In accordance with the provisions of the union contract, officers may seek approval for employment in sales or security as long as the criteria set forth in Section V is met.

2. Officers shall not use their police status, either directly or indirectly, to influence the outcome of any business transaction.

3. Officers shall terminate any outside employment if the employer or employer's parent firm comes under investigation or official scrutiny for unlawful, unethical, or deceptive practices, and shall provide such information as may be required to assist in the investigation or scrutiny.

4. Violation of any of the above requirements may result in withdrawal of approval for an officer's outside employment and/or disciplinary action.

B. LIMITATIONS ON SALES EMPLOYMENT

1. Employment in the following is prohibited.

a. Sales or distribution of police equipment, personal protection safety devices, or security devices, i.e., locks, safes, alarms.

b. Sale of any service or commodity to county or state agencies, except those presently permitted by special duty.

c. Sale or distribution of obscene or pornographic materials or any other product or service that appeals to prurient interest.

d. Sale or distribution of gambling devices or gambling paraphernalia.

e. Sale of drugs, narcotics, or any narcotic paraphernalia.

C. Limitations on Security Employment

1. Officers may be employed by firms offering security services. However, they shall not own, operate, or have any financial interest in such a firm, nor shall they donate their time or services to one.

2. Officers employed in security work may not carry or use firearms except when (1) it is legally required that a firearm be carried in the performance of duty, or (2) the employer has current written authorization from the Chief of Police. In either case, the employer shall furnish the firearms.

3. Officers employed in security work shall not provide bodyguard service.

VII. RESERVE OFFICERS

The restrictions on outside employment do not apply to reserve officers. However, reserve officers should notify the personnel officer of any change in employment status.

(Amended: 08-07-90)