Outside Employment

Policy & Procedures                 No. 4.21
                                  Subject:
                 Outside Employment
                                  Issuing Authority:                                       Effective Date:   Review Date:
                     Chief of Police                       07/08/2014   08/08/2023
                                                                                 References:

 Review
 Revision   06/05/2016
 Reissued   05/03/2018
 Dates:     04/20/2020

CALEA STANDARDS
22.3.4
22.3.5
            _____________________________________________________________

Purpose      Officer Safety and proper police service to the public requires, among other
22.3.4         factors, proper rest, high alertness levels, and high ethical standards. In order to
                foster an environment which provides for this, the Department must play a role in
             monitoring related activities, including allowable work hours, and secondary
            employment outside the department by all department employees.

Policy       The Department has an obligation to support and protect their employees and the
               public. Among factors to be considered are employee work hours, including
               regular service; overtime duties and details; and outside employment. In addition,
                ethical conflicts that may affect the employee’s ability to perform expected job
               duties should be considered.

           To the extent necessary to meet this obligation, the Department may monitor and
               exercise control over situations which could lead to potential conflicts for the
             employees.

               Further, certain types of outside employment or activities may incur liabilities
            upon the Department, based on training and knowledge gained during
            employment with the Canton Police Department. The Department has an
               obligation to monitor and control such liability.

Department Employment
             Department Employment, within this policy, refers to the duties or activities,
             approved and/or administered by the Department. For any sworn personnel, there
                  is an expectation that it may involve the exercise or police powers granted by
               virtue of CPD employment.

           Canton Police Department’s Outside Employment Policy             Page 1

These duties or activities may include:
                  -   Regular shift, or other assigned duties, on behalf of the Department

                  -  Overtime administered through the Department, either in-house, or for an
                 event or activity within the jurisdiction;
22.3.5 b
                  -   Duties or activities out of jurisdiction, or on behalf of another law
                 enforcement agency, as authorized by the Chief or designee. This may
                   include:
               o  “Road jobs” or other details
               o  Joint Task Force or regional working groups for special enforcement
                         of drug or alcohol laws, terrorism, canine, tactical, training, motor
                         vehicle theft, etc.

               o  Other approved purposes such as MPTC training or community
                           presentations.

                  -  May be paid or unpaid

                  -  Department uniforms and personal equipment may be used

Standard Expectations
            Employees must clearly understand that their primary obligation is to the Canton
              Police Department; fellow employee; and the public they serve.
22.3.5 b      This expectation dictates the following requirements;

                •  Unless required by exigent circumstances, and approved by a Lieutenant
                      or higher rank:
                  o  Employees shall not work, by direction or by choice, in excess of
                        17 hours in a 24-hour period;

                  o  In the absence of a Lieutenant or above, a Sergeant may give an
                         emergency order to extend work hours.

                •  Employees are expected to work assigned department duties, unless
                     granted advance time off.

Outside Employment
             Outside employment, within this policy, refers to duties or activities, (aka ‘work’)
            which are not administered by the Department. This may include working for a
               private business.

           Canton Police Department’s Outside Employment Policy             Page 2

22.3.4        For outside employment, the following shall apply to both sworn and non-sworn:
22.3.5 b
                  -  The Department will honor and respect personal and constitutional rights in
                  the review and enforcement of restrictions noted within this policy, while
                   protecting itself from undue liability, as well as protecting other employees.

                  -    If an employee fails to fulfill their primary obligations to the Canton Police
                 Department, and off-duty employment is considered a potential factor, it will
                be subject to review.

                  -  Department uniforms and equipment, either issued or purchased with allotted
            CPD funds, may only be utilized for Department employment, as previously
                   defined.

                  -  Such uniforms and equipment may not be used in conjunction with Outside
               Employment.

                  -  An employee will behave in a professional manner and will not bring discredit
                   to the agency.

       All personnel engaging in outside employment should clearly understand that their
       primary obligation is to the police department and the community they serve. Officers
      must not perform work that will make them unavailable in emergencies, exhaust them,
       require special scheduling or excessive shift swapping, or bring the department into
       disrepute or impairs its operation or efficiency.

Conflicts of Interest
           Some types of outside employment in which the use of law enforcement power is
              not anticipated may create inherent conflicts of interest for the employee or
             Department, or may adversely impact upon the public trust conferred upon those
               in the law enforcement field.

                  -  Such categories of outside employment should not be engaged in, and may
                    result in an inquiry and corrective action being initiated by the Department.

Examples of Conflicting Employment Types – should be avoided

            The Department recognizes certain types of outside employment as inherently in
                conflict with the primary employment.

            The following list of outside work, industries and companies are intended as a
               reference for areas of concern, for actual or potential conflict or liability, which
             should be avoided.

           Canton Police Department’s Outside Employment Policy             Page 3

Any which:
                  -  Would violate the Conflict of Interest Statues, including MGL C268A,
                 governing the conduct of public officials and employees;

                  -  Would create an ethical or moral conflict for the employee or department;

                  -   Involves the sale or service of alcohol, or working at a bar, club or liquor
                     store, or a gambling establishment;

                  -  Any bail bond services, investigative work for insurance companies, private
                 guard services, collection agencies or attorneys.

                  -   Is owned, controlled, or associates itself with known felons;

                  -   Inherently relies upon training or certification provided by the Department,
               which may invoke institutional liability; (ie: Private Security; private
                  consultant or trainer based on Department training or position; private
                  accident reconstruction; etc.)

Department Notification
  22.3.5 a
  22.3.4       Officers shall not engage in any compensated off-duty employment without the
            knowledge and approval of the Chief of Police. The approval of the Chief of
              Police shall be based upon such factors as:
                  -   Increasing off-duty efficiency and availability
                  -  Avoiding potential conflicts of interest
                  -   Protecting the image of the department
                  -  Avoiding impairment of on-duty performance

              All Employees considering secondary employment in any capacity outside his/her
               role as a Canton Police Officer, must submit a detailed letter of intent for the
              Chief’s review to discuss any potential conflicts and related matters that could
                interfere with the position they hold within the Canton Police Department.

                  -   This letter must be submitted prior to initiating the employment;

                  -   This letter shall be maintained in the Chief’s office.

Point of Contact within the Agency
22.3.5 c
            The Deputy Chief is designated as the point of contact for purposes of
              coordinating and administering all extra duty employment, to include overseeing
             adherence to the policies and processes governing paid details.

           Canton Police Department’s Outside Employment Policy             Page 4