Section 6-A300. GENERAL PROVISIONS

 

300.1For purposes of this chapter, the term "outside employment" means the engagement in any line of business or the performance at any time for the purpose of obtaining wages, salary, fee, gift, or other compensation, of any work or service of any kind for any person, firm, or corporation other than that required by one's official position in the Metropolitan Police Department.

 

300.2Members of the Metropolitan Police Force may engage in outside employment during their off-duty hours, provided the following conditions are met:

 

(a)An employer who complies with all provisions of the Police Officers Outside Employment Act of 1996, (the Act), may elect to retain the services of a member or members who were working for that employer as of April 1, 1995, in an approved outside employment capacity.

 

(b)Participation in the police-related outside employment program is voluntary and at the member’s option.

 

(c)Only members who have completed their probationary period may engage in police-related outside activity.

 

(d)No member whose police powers are suspended or revoked may engage in police-related outside employment.

 

(e)Members who engage in police-related outside employment must comply with all laws and directives of the Chief of Police as if the member was on duty and in the performance of duty.

 

(f)When engaged in police-related outside employment, a member may wear and use his or her uniform and equipment as if that member were on duty.

 

(g)Neither the Chief of Police nor the government of the District of Columbia shall use the authority granted pursuant to this section to avoid hiring or retaining career employees as members of the force, or to avoid the normal deployment of on-duty personnel.

 

(h)No member of the MPD shall engage in outside employment or off-duty activity which will create a conflict of interest which would constitute a violation of section 1802 of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective March 3, 1970 (D.C. Law 2-139; D.C. Official Code § 1-619.2), or regulations issued pursuant to that section.

 

(i)No member of the MPD shall engage in outside employment in a position that would require access to confidential police records, files, correspondence or other information not otherwise available to the general public.

 

(j)No member of the MPD shall engage in outside employment for more than 30 hours per calendar week unless the member is on annual leave for the entire week, or unless otherwise approved by the Chief of Police.

 

(k)It shall be a condition of employment for employers to obtain and keep in effect liability insurance in a minimum amount of no less than $ 100,000 for outside employers hiring members in police-related outside employment. The purpose of such insurance is to protect the District of Columbia government against liability to third parties arising from the conduct of the member while so employed. The District of Columbia government shall be named as an additional insured on such liability policy, and proof of insurance in a form acceptable to the District of Columbia government shall be furnished to the Chief of Police as a condition of employment. The insurance requirement contained herein may be satisfied by amending the employer’s Comprehensive General Liability policy to provide the requisite coverage.

 

300.3No member of the force shall engage in outside employment or accept any gift where such action will create a conflict of interest which would constitute a violation of section 1802 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code, sec. 1-619.2) or regulations issued pursuant to that section.

 

300.4No member of the force shall engage in outside employment in a position that would require access to confidential police records, files, correspondence, or other information not otherwise available to the general public.

 

300.5No member of the force may engage in outside employment for more than twenty-four (24) hours per calendar week unless the member is on annual leave for that entire week.

 

300.6Any injury sustained by a member of the force in the course of outside employment shall not under any circumstances be considered an injury in the performance of duty pursuant to section 12(g) of the Policemen and Firemen's Retirement and Disability Act, approved September 1, 1916 (71 Stat. 394; D.C. Official Code, § 4-616).

 

300.7Any dispute as to whether a particular outside employment or gift situation creates a conflict of interest shall be determined by means of whatever negotiated grievance procedures, ending in binding arbitration, may be provided for by the operative contract between the Metropolitan Police Department and the duly recognized employee organization or, if no such procedures are provided for, by the Chief of Police.

 

300.8The Chief of Police may issue rules to implement this section.

 

300.9The Chief of Police, or his or her duly authorized designees, shall grant written approval for each outside employment situation. The Chief of Police, or his or her duly authorized designee, may grant approval for police-related outside employment. Police-related outside employment is authorized only within the geographical boundaries of the District of Columbia.

 

300.10Except as otherwise provided herein, only a member of the force who has completed his or her probationary period may engage in police-related outside employment, so long as the member's police powers are in effect and he or she complies with all applicable provisions of the D.C. Official Code and this Manual pertaining to the performance, of duties, the law of arrest, and the use of firearms and other weapons.

 

300.11No member may engage in outside employment for any person, firm, or corporation as a private detective, civil process server, or to enforce "house rules" of establishments which sell alcoholic beverages by the drink.

 

300.12A member of the force may wear or use his or her Metropolitan Police Department uniform or equipment, including any hand-held radio and any firearm or ammunition issued or approved by the Metropolitan Police Department, when engaged in police-related outside employment.

 

300.13Every member of the force shall be subject to call by the Metropolitan Police Department and is required to respond to felonies in progress when employed in outside employment, and agreement to those conditions in writing by the outside employer shall be a condition for employment.

 

300.14No member of the force engaged in police-related outside employment shall under any circumstances take actions which would be a violation of or conflict with applicable provisions of the D.C. Official Code or the Manual of the Metropolitan Police Department of the District of Columbia pertaining to their conduct as police officers.

 

300.15It shall be a condition of employment for employers to obtain and keep in effect liability insurance in a minimum amount of no less than one hundred thousand dollars ($100,000) for outside employers hiring members in police-related employment. The purpose of that insurance is to protect the District of Columbia government against liability to third parties arising from the conduct of the member while so employed.

 

300.16The District of Columbia government shall be named as an additional insured on any liability policy obtained pursuant to § 300.15, and proof of insurance in a form acceptable to the District of Columbia government shall be furnished to the Chief of Police as a condition of employment.

 

300.17The insurance requirement contained in §§ 300.15 and 300.16 may be satisfied by amending the employer's Comprehensive General Liability policy to provide the requisite coverage.

 

300.18Every member of the force shall be responsible for his or her Metropolitan Police Department uniform and equipment while engaged in police-related outside employment in the same manner as when on duty with the Metropolitan Police Department, and employers shall contribute an allowance in an amount to be determined by the Chief of Police for repair and replacement of a member's uniform and equipment.

 

300.19Outside employers shall reimburse the District of Columbia government for one-half (1/2) the cost of repair of any hand-held radio issued by the Metropolitan Police Department and damaged during the course of outside employment.

 

authority

Unless otherwise indicated. the authority for this chapter is An Act approved February 28, 1901, as amended by An Act approved June 8, 1906, 34 Stat. 222, and para. 95 of § 402 of Reorganization Plan No; 3 of D.C. Official Code, Title 1 Appendix, at 154 (1973).

source

Regulation No. 72-2, approved January 14, 1972, 18 DCR 417 (February 7, 1972), as amended by the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).