Section 6-A305. COMMANDING OFFICERS

 

305.1Upon receiving a member's request for authorization to perform outside employment, his or her Commanding Officer shall review and evaluate the member's work performance for a period of not less than one (1) year. This evaluation shall consist of, but not be limited to, the following:

 

(a)Sick leave;

 

(b)Punctuality:

 

(c)Performance ratings;

 

(d)Number of court appearances (when appropriate);

 

(e)Any previous complaints or other problems arising from a member's outside employment; and

 

(f)Any medical problems or disciplinary problems which may be complicated or aggravated by outside employment.

 

305.2In addition to an evaluation of the member's work performance the Commanding Officer shall evaluate the information on the P.D. 180-B (Employer's Agreement to Conditions of Employment), with specific attention to the following areas of concern set forth in §§ 305.3 through 305.6.

 

305.3Although the Department has not assumed the responsibility for conducting a management security audit for each potential employer, the information concerning the tasks the employer is asking the prospective MPD employee to perform shall be evaluated to determine whether they are appropriate and compatible with the police function specified. In situations where it is obvious that the tasks to be performed are clearly unreasonable, disapproval shall be recommended and the specific reasons for this action outlined in a separate memorandum.

 

305.4The information concerning the duties to be performed shall be evaluated to ensure that they fall within the provisions of this chapter.

 

305.5Available information concerning the potential employer and the potential work site shall be reviewed in order to assess the suitability of the employer or work site as they relate to a potential conflict of interest with the member's responsibilities to this Department. This issue shall be specifically addressed in the required endorsement by the Commanding Officer for all requests to perform police-related outside employment.

 

305.6Commanding Officers shall process requests to perform outside employment in the following manner:

 

(a)Enter the information required by section 601 of these rules on P.D. Form 180;

 

(b)Recommend that outside employment be authorized or not authorized;

 

(c)Sign the P.D. Form 180;

 

(d)Forward the original and three copies of the P.D. Form 180, P.D. Form 180-B, and attachments as indicated below:

 

(1)Requests from members the rank of Lieutenant and above shall be forwarded to the Chief of Police through the Administrative Services Officer;

 

(2)Requests from members the rank of sergeant and below shall be forwarded to the Administrative Services Officer within four (4) days of the date submitted; and

 

(e)Attach a memorandum, in quadruplicate, specifying the reasons for his or her recommendation for all police-related outside employment requests, or when the recommendation denotes that authorization is not given for other requests.

 

305.7P.D. Form 180-A shall be signed by the member's Commanding Officer and the original forwarded to the Administrative Services Officer.

 

305.8Commanding Officers shall maintain an alphabetical file of P.D. Forms 180-A. This file shall be used to ensure compliance with the reporting requirements of these rules.

 

305.9Impairment of the effectiveness or efficiency of a member by reason of his or her outside employment or any violations of the provisions of these rules shall be cause for an immediate recommendation by the member's Commanding Officer that authorization to perform outside employment be terminated.

 

305.10Although members of this Department engaged in police-related outside employment are performing duties somewhat similar to those performed by special police officers, the Security Officers Management Branch, Intelligence Division, shall have no supervisory responsibility for those members.

 

305.11Commanding Officers shall be responsible for investigating all alleged violations of these rules, or any other Department directive or law arising from outside employment. Commanding Officers shall also be responsible for investigating all injuries, incidents, and damage to equipment or uniforms which arise during a member's outside employment.

 

305.12Commanding Officers shall ensure that members of their command in receipt of information concerning alleged violations of Department procedures or law relating to outside employment appropriately report those violations, and that those report received by officials of his or her command are appropriately and properly investigated.

 

305.13Complaints or alleged violations of law or Department procedure which involve members of more than one command shall be investigated by the Commanding Officer or unit designated by the Field Operations Officer or, in his or her absence, the Night Supervisor.

 

305.14Commanding Officers shall recommend disciplinary action to the Administrative Services Officer whenever a member is found in contempt by any court for his or her failure to comply with court directives or subpoenas or summonses issued by a court which arise from outside employment activities.

 

305.15Commanding Officers shall be responsible for resolving, where appropriate, or making a specific recommendation concerning whether an act, injury, damage to uniform or equipment, incident, or other matter is to be considered "in the course of outside employment."

 

authority

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), § 2.5:2(f) of a Regulation Enacting the Police Manual for the District of Columbia, Regulation No. 72-2 as added by § 2 of the Police Officers Outside Employment Act of 1982, D.C. Law 4-132, 29 DCR 2450 (June 11, 1982).

source

Final Rulemaking published at 30 DCR 539, 548 (February 4, 1983).