In order to avoid actual or perceived conflicts of interest for Department employees engaging in outside employment, all employees shall obtain written approval from the Chief of Police prior to engaging in any outside employment. Approval of outside employment shall be at the discretion of the Chief of Police, HR Department and City Manager in accordance with the provisions of the Park City Municipal Employee Policies and Procedures policy regarding outside employment and shall not involve "incompatible activities" as outlined in this policy.

Outside Employment - Any employee of the Department who receives wages, compensation or other consideration of value from another employer, organization or individual not affiliated directly with this department for services, product(s) or benefits rendered. For purposes of this section, the definition of outside employment includes those employees who are self-employed and not affiliated directly with this department for services, product(s) or benefits rendered.

Incompatible activities are those activities or enterprises which are incompatible, inconsistent, or conflict with the duties of a police officer in general, and city employee, or department member specifically.

Such activities may include, but not be limited to, any of the following:

1. Any employment activity or enterprise which involves private gain by use of department time, facilities, equipment, supplies, prestige, influence, badge, or uniform.

2. Receipt or acceptance by an employee of any money, property, or consideration from anyone other than the city for performance of an act or function which the employee would be required or expected to render in the normal course of duty.

3. Performance of an outside activity which may later be subject to control, inspection, review, or audit by the employee's peers or supervisor within the context of employment duties.

4. Outside employment involving time commitments which impair the ability of an employee to meet duties and responsibilities of city or department employment.

5. Employment in any establishment which engages in the sale of alcoholic beverages as its primary source of business, or a position where sales or control of alcoholic beverages is the primary responsibility. This includes positions such as bartending, bouncing, security, waiter/waitress in any private club, bar, and restaurant. This policy further precludes ownership interests or management of such premises without written consent from the

Chief of Police and the City Manager.

No employee of the Department may engage in any outside employment without first obtaining prior written approval of the Chief of Police, the HR Department, and the City Manager. Failure to obtain prior written approval for outside employment or engaging in outside employment prohibited by this policy may lead to disciplinary action up to and including termination.

In order to obtain approval for outside employment, the employee must complete an Outside Employment Application, which shall be submitted to the employee's immediate supervisor. The application will then be forwarded through channels to the Chief of Police, HR and City Manager for consideration. The request should include any pertinent information about the employer, the nature of the employment and the hours of employment. The request will include, "best business practices" to clearly define the employment requirements and expected standards of performance. Issues of licensing, certifications, insurance coverage (indemnification or employer coverage) will be clearly defined. Any employee seeking approval of outside employment, whose request has been denied, shall be provided with a written reason for the denial of the application at the time of the

denial.

Any outside employment permit may be revoked or suspended under the following circumstances:

(a) Should an employee's performance at this department decline to a point where it is evaluated by a supervisor as needing improvement to reach an overall level of competency, the Chief of Police may, at his/her discretion, revoke any previously approved outside employment permit(s). That revocation will stand until the employee's performance has been reestablished at a satisfactory level and his/her supervisor recommends reinstatement of the outside employment permit.

(b) Suspension or revocation of a previously approved outside employment permit may be included as a term or condition of sustained discipline.

(c) If at any time an employee's conduct or outside employment conflicts with the provisions of Department policy, the permit may be suspended or revoked.

(d) When an employee is unable to perform at a full-duty capacity due to an injury or other condition, any previously approved outside employment permit may be subjected to similar restrictions as those applicable to the employee's full time duties until the employee has returned to a full duty status.

Consistent with the provisions of Utah Administrative Code R477-9-2, the Department

expressly reserves the right to deny any Outside Employment Application submitted by an

employee seeking to engage in any activity which:

(a) Interferes with an employee's efficiency performance.

(b) Conflicts with the interests of the Department or the State of Utah.

(c) Gives reason for criticism or suspicion of conflicting interests or duties.

Any private organization, entity or individual seeking special services for security or traffic control from members of this department must submit a request to the Chief of Police, Section Captains, or Special Events Sergeant in advance of the desired service. Such outside overtime will be assigned, monitored and paid through the Department. All applicants will be required to enter into an indemnification agreement prior to approval. Assignment requests will be at the discretion of the Chief of Police, Section Captains or the Special Event Sergeant and staffed based on department needs. Assignments that go unfilled will be staffed as needed by the Administrative Captain or Special Events Sergeant. To insure fairness, posted sign-up sheets will be retained by the Administrative Captain's office for review.

Should such a request be approved, any employee working special events or outside employment shall be subject to the following conditions:

(a) The officer(s) shall wear the Department uniform/identification.

(b) The officer(s) shall be subject to the rules and regulations of the Department.

(c) No officer may engage in outside employment as a peace officer for any other public agency without prior written authorization of the Chief of Police.

Any employee making an arrest or taking other official police action while working in an approved outside overtime assignment shall be required to complete all related reports in a timely manner pursuant to Department policy. Time spent on the completion of such reports shall be the responsibility of the outside employer.

Except for emergency situations or with prior authorization from the Chief of Police or Section Commander, officers assigned to undercover or covert operations shall not be eligible to work overtime or other assignments in a uniformed or other capacity which might reasonably disclose the officer's law enforcement status.

Employees are prohibited from using any Department equipment or resources in the course of or for the benefit of any outside employment. This shall include the prohibition of access to official records or databases of the Department or other agencies through the use of the employee's position with this department.

Employees approved for outside employment expressly agree that their personal financial records may be requested and reviewed/audited for potential conflict of interest. Prior to providing written approval for an outside employment position, the Department may request that an officer provide his/her personal financial records for review/audit in order to determine whether a conflict of interest exists. Failure of the employee to provide the

requested personal financial records could result in denial of the off-duty work permit. If, after approving a request for an outside employment position, the Department becomes concerned that a conflict of interest exists based on a financial reason, the Department may request that the employee provide his/her personal financial records for review/audit. If the employee elects not to provide the requested records, his/her off-duty work permit

may be revoked pursuant to § 1040.2.2(c).

If an employee terminates his/her outside employment during the period of a valid permit, the employee shall promptly submit written notification of such termination to the Chief of Police through channels. Any subsequent request for renewal or continued outside employment must thereafter be processed and approved through normal procedures set forth in this policy. Employees shall also promptly submit in writing to the Chief of Police any material changes in outside employment including any change in the number of hours, type of duties or demands of any approved outside employment. Employees who are uncertain whether a change in outside employment is material are advised to report the change.

Department members engaged in outside employment who are placed on disability leave or modified/light-duty shall inform their immediate supervisor in writing within five days regarding whether they intend to continue to engage in such outside employment while on such leave or light-duty status. The immediate supervisor shall review the duties of the outside employment along with any related doctor's orders, and make a recommendation

to the Chief of Police whether such outside employment should continue. In the event the Chief of Police determines that the outside employment should be discontinued or if the employee fails to promptly notify his/her supervisor of his/her intentions regarding the work permit, a notice of revocation of the employee's permit will

be forwarded to the involved employee, and a copy attached to the original work permit. 

Criteria for revoking the outside employment permit include, but are not limited to, the following:

(a) The outside employment is medically detrimental to the total recovery of the disabled employee, as indicated by the City's professional medical advisors.

(b) The outside employment performed requires the same or similar physical ability as would be required of an on-duty employee.

(c) The employee's failure to make timely notice of their intentions to their supervisor. When the disabled employee returns to full duty with the Park City Police Department, a request (in writing) may be made to the Chief of Police to restore the permit.