GENERAL ORDER NO.
413
I. DEFINITIONS
A. "Employer" shall mean any person, firm, business, agency or corporation other than the Police Department of the County of Hawaii who desires to employ off-duty officers.
B. "Commanding Officer" shall mean any officer the rank of Captain and above.
C. "Officer" shall mean any sworn police personnel of the Police Department.
D. "Special Duty Clerk" shall mean the account clerk(s) assigned to the Finance Section, whose responsibilities are to process all special duty requests for services.
E. "Special Off-Duty Employment" shall mean any off-duty work which is an extension to police service, performed for compensation by an officer for an employer other than the Police Department, excepting such outside employment as set forth in General Order 405.
II. ADMINISTRATION
A. The scheduling of special off-duty assignments and maintenance of records shall be the responsibility of the Accountant IV and the assigned Special Duty Clerk(s) of the Finance Section.
B. All requests from vendors for special off-duty employment shall be referred to the Special Duty Clerk(s) of the Finance Section for assignment. Officers are prohibited from accepting or arranging special off-duty assignments directly with the vendors.
1. The exception to this rule is in the event that a request for immediate special off-duty employment is made after-hours (i.e., downed power line or pole as a result of a traffic accident), the vendor shall be referred to the on-duty supervisor of the District in which the job is to take place or in the absence thereof, the on-duty supervisor at the Kona Patrol, or South Hilo Patrol Receiving Desks for assignments.
C. The Special Duty Clerk(s) shall maintain a list of all officers desiring special off-duty employment for each district/division. Rotating assignments shall be made among the officers on the district/division list in which the job/event occurs in such a manner that preference shall be avoided, subject to the use of discretion by the Accountant IV and the guidelines contained herein.
1. In as much as possible police officers shall be considered first before assignments for special off-duty employment are made to officers of the rank of Sergeant and above, and Police Reserve Officers.
D. The Special Duty Clerk(s) shall maintain a computerized file of requests and assignments of special off-duty employment for a minimum of two years, but not more than three years.
III. ASSIGNMENT OF SUPERVISING OFFICERS
A. Officers of the rank of Captain and above may be detailed to special off-duty assignments with the approval of their respective Assistant Chiefs.
B. Command officers may be assigned when no subordinate is available or to head a detail of police officers.
C. On any special off-duty assignment involving supervising officers, they shall be compensated at the prescribed rate schedule for their rank.
1. A supervisory officer shall be required at the ratio of one (1) supervisor for every four (4) officers being employed at the same time for a specific function.
IV. CONDITIONS AND RESTRICTIONS
A. Only full-time police officers, who after completion of initial probation for new officers and qualified police reserve officers, shall be permitted to engage in special off-duty employment. Reserve officers that have satisfactorily completed basic and FTO training are eligible for special off-duty assignments provided there are no available police personnel. Exceptions may be granted by the Police Chief.
B. Officers shall not accept or engage in special off-duty employment while on FMLA Leave, Sick Leave, Injured Leave, Military Leave, Light or Limited Duty status or while on suspension from duty.
C. Any member accepting and performing a special off-duty assignment for any personal gain without proper authorization shall be subject to disciplinary action.
D. Any officer who neglects their regular duties or whose efficiency is impaired by any special off-duty assignment will not be granted further special off-duty assignments.
E. Any officer who refuses an assignment in their regular turn shall be considered as having been given an assignment and shall not be eligible until their name reappears in proper rotation.
F. Requests for a particular officer may be honored only under special conditions and only when the officer's previous assignments do not exceed the general average of those on the eligible list.
G. Officers engaged in special off-duty employment shall be subject to departmental rules and regulations to the same extent as on-duty officers and, in addition, shall be expected to abide with safety and other requirements imposed by the off-duty employer.
H. Off-duty employment shall not relieve an officer from the responsibility of responding to an emergency call for police services.
1. If immediate action is not required, an officer on a special off-duty assignment may refer such calls to on-duty officers. In any event, the officer shall take command of the situation until being properly relieved by the on-duty officer.
2. In addition, the officer on special off-duty assignment shall submit all necessary reports pertaining to such incidents.
I. Officers shall report in writing to their commanding officer any incident arising from or connected with their off-duty employment, which may conflict with departmental policies or adversely affect the department.
J. Should an officer become incapacitated due to injury or illness or unable to fulfill their assigned special off-duty employment due to personal emergency or such other bona fide reason, he/she shall be responsible for immediately notifying the employer.
1. Notification shall be made at least two hours before the assigned special off-duty employment starting time.
2. In addition, the officer shall make every attempt to find a replacement. If the officer is physically unable to find a substitute, then the Special Duty Clerk will be notified and will schedule another officer for such duty as soon as practicable.
K. An officer who fails to report for a special off-duty employment assignment without just cause and proper notification shall not be granted further assignments until a written report detailing the officer's failure to report for the assignment is submitted to the Assistant Chief of the Administrative Bureau.
L. Officers engaged in special off-duty employment, at all times and places, shall conduct themselves in a manner so as not to embarrass or reflect discredit upon the department.
M. Upon completion of special off-duty assignments, officers need to notify the Special Duty Clerks of the hours worked to facilitate the vendor being billed appropriately.
V. PROHIBITIONS
Unless approved by the Police Chief, officers are prohibited from engaging in any special off-duty employment:
A. Which will in any way reduce their effectiveness as members of the Police Department or where the employer restricts them from performing their duties as police officers.
B. Which tends to influence their conduct in a manner inconsistent with the proper discharge of their duties as police officers or with their loyalty to the department or the public interest.
C. Which requires them to perform tasks that are not commensurate with their responsibilities and authority as police officers.
D. Where the selling of liquor is the primary business or at functions involving the consumption of alcoholic beverages.
E. Involving an investigation or other work in which officers may avail themselves of access to police information, records, files or correspondence.
F. Which may infringe upon or interfere with the department's role of neutrality in any dispute.
G. Where police authority is required and/or used for private purposes of a civil nature.
H. Where the authority of their commissions is invalid.
I. Involving the advertisement or endorsement of commercial products.
J. Where partisan politics may be inferred.
K. Where the reputation or prestige of the department may suffer or where the presence of an officer is not in the best interest of the department or the county government.
L. To work or assist as an usher, doorkeeper, ticket-taker or ticket-seller in any theater, dance place, or like establishments are prohibited.
M. To provide any type of "body guard" services.
VI. UNIFORM AND EQUIPMENT
A. Officers engaged in special off-duty employment shall wear the official police uniform at all times, unless otherwise authorized by the Police Chief or designee.
B. All officers with approved subsidized vehicles shall have their vehicle during special off-duty employment, to include issued blue light and safety equipment.
1. It is the option of each officer to monitor police radio frequencies.
C. Police Reserve Officers shall have their vehicles with department installed police radios during special off-duty employment.
1. Officers without subsidized vehicles and department installed police radios are exempt.
D. Officers engaged in special off-duty employment involving any form of traffic control shall wear their issued uniform cap or safety helmet and, if applicable, traffic vest, and white gloves.
1. Officers are prohibited from wearing any other type of headgear such as baseball caps, etc.
E. All officers shall wear their issued safety helmets when assigned to provide services to any jobs involving the construction, repair or maintenance of roads, buildings or utilities.
1. For the purposes of this section, the following definitions shall apply:
a. "Roads" include any road, shoulder, sidewalk and traffic safety equipment (traffic signs, lights, etc.) work as well as any maintenance of growth such as in tree trimming services.
b. "Buildings" include any work on private or public buildings.
c. "Utilities" include any electrical, telephone, television cable, gas, sewer and water pipeline work.
2. Safety helmets shall be worn when required by contractors of services.
3. Any dispute or uncertainties involving the use of safety helmets shall be referred to on-duty patrol district supervisors or commanders.
4. Department-issued hearing protection devices shall be worn when required by contractors of services or when circumstances exist that warrant its use. Officers shall apply discretion in the use of hearing protection devices in situations where their ability to effectively perform their contracted duties is compromised by such devices
VII. SPECIAL DUTY RATE SCHEDULE
A. The schedule of rates shall be in accordance with those established by the Department; for specific rates, refer to current special duty rate schedule on file with the Department's Finance Section.
B. Officers shall receive payment at the rate of time-and-one-half for work performed in excess of eight hours per day or forty hours per week for one employer.
C. Officers required by the private employer to use his vehicle for escort or other duties shall be reimbursed in accordance with the current rate established by the Department; for specific rates, refer to current special duty rate schedule on file with the Department's Finance Section.
D. Vendors are responsible to pay the officers directly and for any tax liabilities.
E. Vendors are responsible for an administrative fee as established by the Department, (for specific rates, refer to current special duty rate schedule on file with the Department's Finance Section) that is payable to the County of Hawaii Director of Finance
LAWRENCE K. MAHUNA
POLICE CHIEF(Amended: 09-07-06)