Section 6-A399. DEFINITIONS

 

399.1When used in this chapter, the following terms and phrases shall have the meanings ascribed, unless the text or context of the particular section, subsection, or paragraph provides otherwise:

 

ABC Establishment- any business licensed or required to be licensed by the District of Columbia Department of Consumer and Regulatory Affairs Alcoholic Beverage Control Division and which sells alcoholic beverages for consumption on the premises.

 

Brokering Outside Employment- any practice whereby one member of the Metropolitan Police Department acts as an intermediary, liaison, referral agent, consultant, or third-party provider of police-related outside employment between a current or potential outside employer and an other member of the Metropolitan Police Department for the purpose of scheduling, coordinating, or any other similar activity.

 

“In the course” of outside employment- any act performed at the place of outside employment, performed for the outside employer, or arising by virtue of the outside employment. Outside employment cannot be determined exclusively by the job description or task list; rather, it must be considered within the context of existing circumstances on a case-by-case basis. In administrative determinations concerning whether an act, injury, damage to uniform or equipment, incident, or other matter is to be considered as "in the course of outside employment," the burden of proof to demonstrate that it should not be so considered shall rest with the member engaged in outside employment who is affected by the determination.

 

Member - a member of the Metropolitan Police Department of the District of Columbia.

 

Non Police Related Outside Employment- any employment of a member of the Metropolitan Police Department or any business conducted by a member which is not predicated on the actual or potential use of the member’s law enforcement authority.

 

Off Duty Activity- any person endeavor during off-hours which does not involve the member of the Metropolitan Police Department in work as an employee or work as a supervisor of employees, and which is not outside employment.

 

Outside Employment- as added by section 2 of D.C. Law 4-132, 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. This definition shall not include a member's hobby or avocation, even if the product of said hobby or avocation is sold, provided that the proceeds from that sale do not exceed the costs of production.

 

Overtime- any employment for the Metropolitan Police Department outside of a member’s regular tour of duty and for which a member receives compensation from the ’District of Columbia government.

 

Police-related outside employment- any employment of a member of the Metropolitan Police Department, during office hours, which is conditioned on the actual or potential use of the member’s law enforcement authority.

 

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), as further added by Police Officers Outside Employment Act of 1996, effective July 26, 1996, D.C. Law 11-151, 43 DCR 2838, (May 31, 1996) and the Omnibus Police Reform Amendment Act of 2000, effective October 04, 2000, D.C. Law 13-160, 47 DCR 4619, (June 02, 2000).

source

Final Rulemaking published at 30 DCR 539 (February 4, 1983) and further amended by Police Officers Outside Employment Amendment Act of 1996, D.C. Law, 11-151 published at 43 DCR 2838, (May 31, 1996) and the Omnibus Police Reform Amendment Act of 2000, D.C. Law, published at 47 DCR 4679, (June 02, 2000).