Common use of OFF-DUTY WORK Clause in Contracts

OFF-DUTY WORK. A. It is agreed there will be a good faith effort to insure that voluntary, authorized off duty work is compensated for at not less than the Dade County Public Safety Department established off duty rate, as approved by the Chief of Police. This approved rate shall be used only for off duty work that is clearly not “joint employment” under the Federal Fair Labor Standards Act (FLSA) and the Rules and Regulations of the U.S. Department of Labor. B. Compensation for off duty work of a "joint employment" law enforcement nature shall be worked, at such other employer's expense, at not less than $65.00 per hour for Patrol Officers, and $70.00 per hour for Sergeants. However, the rate for a school detail off duty job will be $55.00 per hour for either Patrol Officers or Sergeants. The rate for any off duty job in which at least one full hour of the hours worked fall on a federally observed holiday will be $100.00 per hour for either Patrol Officers or Sergeants. C. The City will guarantee to make a good faith effort to require that an off duty police officer be hired whenever there is private contractor construction requiring the blocking of traffic on a street over which it has municipal control and jurisdiction. If the work being performed by the private contractor is being done and paid for by the City, reasonable judgment shall be used by Police Administration to determine the need for such off duty work. Off duty compensation shall be as specified for “joint employment” in preceding paragraph “B.” D. Except as specifically provided by preceding paragraph “B” or “C,” it is agreed there shall not be any arrangement for off duty police work, either paid or unpaid, or any other law enforcement secondary employment constituting or creating “joint employment,” or likely to be defined or classified as such, without full disclosure by FOP or member-employee, and prior specific approval by the Chief or Police and City Manager in addition to the management and public interest reasons for this provision, an additional purpose is to require and exercise due diligence to insure that employee off duty work which creates, or results in, off shift “joint employment” police work be properly compensated, as provided in paragraph “B,” and covered under paragraph “E.” E. Any employee who may suffer an “on-the-job injury,” while working authorized police-related off duty “joint employment” and acting in the scope of his law enforcement authority and regular employment, shall be entitled to the same benefits as if injured in the same manner while on duty in regular police officer employment. F. No member of the Department will be allowed off duty police employment that is detrimental to the Department goals or will impair the efficiency of an employee in the performance of his police duties. Each employee is held strictly responsible for ensuring that he is fully fit to perform his duties when reporting to work for the Department. Employees will not engage in activities of any nature where they would be hindered in performing their departmental duties. Officers shall not work: 1. In any employment or in any location which will tend to bring the Department in disrepute or to reduce his efficiency or usefulness as a member-employee thereof. 2. In any employment requiring any affiliations, membership or allegiance tending to influence his conduct in a manner inconsistent with the proper discharge of his duties as a police officer, or his responsibility to the Department or the public interest. 3. In any business where the manufacture, transportation, sale or serving of liquor is a principal commercial basis of the business, except as provided in State Law (F.S. 561.25 and other provisions) and approved by the Chief of Police. 4. In any employment requiring the services of civil process or the collection of debts. 5. On investigations or other work in which he may avail himself of his access to police information, records, files or correspondence. 6. For any other municipality or political sub-division of the State or Federal government, except by the express permission of the City Manager. 7. In excess of sixteen (16) hours per week, inclusive of approved outside employment, excepting while on vacation leave. Any hours exceeding the maximum will require specific approval of the respective division commander. 8. In any off duty position while on sick leave, injured on duty status, on “light duty” or when disciplinary action is in effect. Also no officer will be permitted off duty employment within 24 hours of the end of the shift of a day taken as sick leave. G. Except and unless authorized in advance for a specific event, or for a specific day or group of days, no City vehicle, motorcycle or K-9 dog shall be used in off duty employment. Any member-employee request for an exception, or specific period waiver, shall be made by written memorandum submission and shall not be approved without authorization from the Chief of Police and City Manager, or designated personnel acting on their behalf, with exception for funeral escort use when approved by the Uniform Division Commander or Chief of Police.

OFF-DUTY WORK. A. It is agreed ‌ 17:01 The University will do its utmost in dealings with internal and external client users to facilitate utilization, when possible, of bargaining unit members on an Off Duty basis. When paid security services are required on an Off Duty basis by clients of the University, those members in the bargaining unit holding Special Constable status shall be offered the opportunity on an Off Duty basis first. Should there be no members of the bargaining unit available, the Off Duty Coordinator will notify the Director, Special Constable Service, and liaise with the WPS Off Duty Coordinator to find off-duty police officers. The Off Duty Coordinator will copy the Director on any correspondence with the WPS. Should there be no police officer available, the client may make alternate arrangements. 17:02 In consultation with the Union, the University has developed a pamphlet to inform internal and external users of the availability of Off Duty Services will be attached to the external event agreements, which will include a good faith effort space to insure indicate whether or not they wish to utilize such services. 17:03 Payment for all Officer-submitted Off Duty work performed during the pay period, up to and including the Sunday preceding the direct deposit pay date will be provided on the next issued pay following the completion of such duties. 17:04 The Off Duty Co-ordinator, will notify and, subject to operational requirements, receive approval from the Director, Special Constable Service or in their absence a designate, when scheduling Off Duty work. 17:05 When it is determined that voluntaryOff Duty Services are required for events in excess of 200 attendees, authorized off the Director, Special Constable Service or a designate, will discuss the operational requirements for the event with the Off Duty Coordinator. 17:06 The established rate for off-duty work is compensated for at not less than non-alcohol events will be one and a half (1.5) times the Dade County Public Safety Department regular rate of a Senior Special Constable rate. 17:07 The established off rate for off-duty work for alcohol- related events will be two (2) times the regular rate of a Senior Special Constable Class rate, as approved by the Chief of Police. This approved rate shall be used only . 17:08 If a request for off duty work that service is clearly not “joint employment” under the Federal Fair Labor Standards Act (FLSA) and the Rules and Regulations of the U.S. Department of Labor. B. Compensation for off duty work of a "joint employment" law enforcement nature shall be worked, at such other employer's expense, at not requested with less than $65.00 per hour for Patrol Officers, and $70.00 per hour for Sergeants. Howeverseventy-two (72) hours of notice, the rate for a school detail off duty job Off Duty Coordinator will be $55.00 per hour for either Patrol Officers or Sergeants. The rate for any off duty job in which at least one full hour of do their utmost to fulfil the hours worked fall on a federally observed holiday will be $100.00 per hour for either Patrol Officers or Sergeants. C. The City will guarantee to make a good faith effort to require that an off duty police officer be hired whenever there is private contractor construction requiring the blocking of traffic on a street over which it has municipal control and jurisdictionrequest. If the work being performed Off Duty Coordinator is unavailable, the request will be filled by the private contractor is being done and paid for by the City, reasonable judgment shall be used by Police Administration to determine the need for such off duty work. Off duty compensation shall be as specified for “joint employment” in preceding paragraph “B.” D. Except as specifically provided by preceding paragraph “B” or “C,” it is agreed there shall not be any arrangement for off duty police work, either paid or unpaid, or any other law enforcement secondary employment constituting or creating “joint employment,” or likely to be defined or classified as such, without full disclosure by FOP or member-employee, and prior specific approval by the Chief or Police and City Manager in addition to the management and public interest reasons for this provision, an additional purpose is to require and exercise due diligence to insure that employee off duty work which creates, or results in, off shift “joint employment” police work be properly compensated, as provided in paragraph “B,” and covered under paragraph “E.” E. Any employee who may suffer an “on-theduty Sergeant and will follow the overtime call-job injury,” while working authorized police-related off duty “joint employment” and acting in the scope of his law enforcement authority and regular employment, shall be entitled to the same benefits as if injured in the same manner while on duty in regular police officer employmentprocedure. F. No member of the Department will be allowed off duty police employment that is detrimental to the Department goals or will impair the efficiency of an employee in the performance of his police duties. Each employee is held strictly responsible for ensuring that he is fully fit to perform his duties when reporting to work for the Department. Employees will not engage in activities of any nature where they would be hindered in performing their departmental duties. Officers shall not work: 1. In any employment or in any location which will tend to bring the Department in disrepute or to reduce his efficiency or usefulness as a member-employee thereof. 2. In any employment requiring any affiliations, membership or allegiance tending to influence his conduct in a manner inconsistent with the proper discharge of his duties as a police officer, or his responsibility to the Department or the public interest. 3. In any business where the manufacture, transportation, sale or serving of liquor is a principal commercial basis of the business, except as provided in State Law (F.S. 561.25 and other provisions) and approved by the Chief of Police. 4. In any employment requiring the services of civil process or the collection of debts. 5. On investigations or other work in which he may avail himself of his access to police information, records, files or correspondence. 6. For any other municipality or political sub-division of the State or Federal government, except by the express permission of the City Manager. 7. In excess of sixteen (16) hours per week, inclusive of approved outside employment, excepting while on vacation leave. Any hours exceeding the maximum will require specific approval of the respective division commander. 8. In any off duty position while on sick leave, injured on duty status, on “light duty” or when disciplinary action is in effect. Also no officer will be permitted off duty employment within 24 hours of the end of the shift of a day taken as sick leave. G. Except and unless authorized in advance for a specific event, or for a specific day or group of days, no City vehicle, motorcycle or K-9 dog shall be used in off duty employment. Any member-employee request for an exception, or specific period waiver, shall be made by written memorandum submission and shall not be approved without authorization from the Chief of Police and City Manager, or designated personnel acting on their behalf, with exception for funeral escort use when approved by the Uniform Division Commander or Chief of Police.