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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 6. PERSONNEL |
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SubTilte 6-A. POLICE PERSONNEL |
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Chapter 6-A3. OUTSIDE EMPLOYMENT |
Section 6-A304. REPORTING AND ARREST PROCEDURES FOR MEMBERS ENGAGED IN OUTSIDE EMPLOYMENT
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304.1Members engaged in outside employment shall be subject to call by the Department; and, while in the District of Columbia, members shall be required to respond to felonies in progress and crimes-against persons, pursuant to § 2, subsection 2.5:2, subpart (j), D.C. Law 4-132. Other crimes and incidents shall be immediately reported to the Communications Division.
304.2Members engaged in police-related outside employment shall, at the beginning of each period of such employment, telephone a supervisor at the Communications Division and give him or her, the following information:
(a)The member's name;
(b)The location where the member is working;
(c)The name of the employer or supervisor; and
(d)The hours of employment for that day.
304.3All members, including those engaged in police-related outside employment, shall first notify the Communications Division by telephone or police radio, when available and where practical to do so without jeopardizing the safety of a threatened individual, prior to responding to or initiating any direct police action when alerted to a felony in progress or a crime against a person.
304.4All members shall immediately report all crimes including felonies in progress and crimes against persons to the Communications Division by telephone or by police radio when available. No member who is engaged in outside employment shall take direct police action as a Metropolitan Police Officer unless escape is imminent due to failure of a timely response by on-duty officers. Members engaged in any type of outside employment, particularly police-related outside employment, shall inform the Communications Division prior to engaging in any direct police action where it is practical to do so.
304.5A member engaged in police-related outside employment shall prepare reports for all incidents and offenses which fall with the scope of outside employment and occur on the premises employing him or her while he or she is actually on duty. A member shall be responsible for all such reports and appropriate notifications; however, he or she shall generally be guided by the provisions of General Order 401.1 when preparing those reports.
304.6When a member engaged in police-related outside employment makes an arrest in the course of outside employment, the procedures specified in §§304.5-304.10 shall be followed.
304.7The member shall be responsible for preparing all appropriate reports and making all required notifications. The words ''OUTSIDE EMPLOYMENT" shall be clearly printed at the top of the P.O. 251, P.O. 163, P.O. 255, and all other required reporting forms.
304.8These reports shall be reviewed and approved (if satisfactory) by an official assigned to the district in which the arrest occurred. These reports shall be forwarded in compliance with established procedures from the district of occurrence. Prisoners shall be processed at the district of occurrence or the appropriate CID Unit and handled in compliance with established procedures.
304.9A member shall be responsible for all court appearances required in conjunction with the arrest, and shall be responsible for complying with the provisions of General Order 701.1. When checking into court, a member shall report to the Court Liaison Branch and prepare a P.O. Form 140 (Court Attendance Form). When completing the block which reflects duty status, item #10, the member shall check the block "other," and hand-print "outside employment" in item #10. Additionally, the member shall write "OUTSIDE EMPLOYMENT" at the top of the P.O. Form 140.
304.10A member shall not be compensated by the Department for court appearances made in conjunction with arrests in the course of outside employment. A member may not appear in court or otherwise engage in any activity in conjunction which those arrests while in an on-duty status; accordingly, a member shall be required to use annual leave or compensatory time off (CTO) for those appearances or activities. The approval of the Administrative Services Officer shall not be required to grant a member "leave without pay" in conjunction with required court appearances when the member annual leave and CTO have been exhausted. Travel time associated with these court appearances and activities shall also be deducted from a member's leave balance.
304.11If a member is required to be in court pursuant to an arrest made in the course of outside employment, he or she shall be granted leave to answer subpoenas or summonses or to comply with necessary provisions of General Order 701.1.
304.12A member shall not be subject to Departmental disciplinary action for his or her failure to appear in court in conjunction with arrests made in the course of outside employment; however, if a member is cited for contempt of any court for failure to comply with court directives or subpoenas or summonses issued by the court, he or she shall be subject to disciplinary action initiated by his or her Commanding Officer.
304.13A member's Commanding Officer shall be responsible for investigating all injuries, incidents, and damage to equipment which arise during a member's outside employment. The provisions of the "Police Officers Outside Employment Act of 1982" in no way alter a member's responsibility to comply with Department orders and directives, and the provisions of the Police Manual.
304.14Existing procedures for documenting injuries, incidents, and damage to equipment shall apply to outside employment, and existing administrative review boards (such as the Use of Service Weapon Review Board, the Uniform and Equipment Board, the Civilian Complaint Review Board) shall retain jurisdiction over matters arising out of outside employment.
304.15A member shall not use the power of his or her office to obtain confidential police records, files, correspondence, or other information not otherwise available to the general public for his or her own personal advantage or that of his or her employer or any other private person.
304.16Although off-duty and engaged in outside employment, members are considered law enforcement agents and, as such, may obtain criminal history information under the same conditions as they may while in an on-duty status. However, they shall take special care to safeguard this information from unauthorized persons; such as coworkers or employers, in an outside employment setting. Any communication or dissemination of otherwise confidential information shall be the basis for temporary or indefinite suspension or revocation of a member's outside employment authorization, and shall be cause for disciplinary action if departmental rules regarding access to such information are violated.
304.17Members in receipt of information concerning violations by any other member of the Department, or any other person, of these rules, the "Police Officers Outside Employment Act of 1982," or any other Department directive or law arising from outside employment shall promptly report that information to an official assigned to the district in which the violation occurred.
304.18A member engaged in outside employment shall promptly report to his or her Commanding Officer any violation by his or her employer of any provision of law or Department directive relating to outside employment.
304.19A member engaged in outside employment shall be responsible for understanding and familiarizing himself or herself with the portion of the P.D. Form 108-B which outlines his or her outside employment tasks as specified by his or her employer to ensure that departures by the employer from those specified tasks are brought to the immediate attention of the member's Commanding Officer.
304.20A member is additionally required to notify his or her Commanding Officer immediately when he or she learns of any cancellation or change in the liability insurance policy required by law.
304.21A member may, if engaged in police-related outside employment, obtain a radio from his or her assigned unit if the following conditions are satisfied:
(a)The member has obtained prior, specific approval from the district or division Commanding Officer to do so;
(b)A radio is available;
(c)The watch commander or another official-designated by the Commanding Officer approves the issuance of the radio; Provided, any member issued a radio under to provision shall utilize a city-wide one, unless directed by the Communications Division to use another channel; and
(d)All transmissions on radios shall be restricted to calls for police services of on duty units, or to report crime(s) in progress and notification to the Communications Division of initiating direct, police action.