Policy Text
Policy
1040Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentOutside Employment - 1Outside Employment
1040.1 PURPOSE AND SCOPE
In order to avoid actual or perceived conflicts of interest for Departmental 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 in accordance with the provisions of this policy.
1040.1.1 DEFINITIONS
Outside Employment - Any member of this 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.
Outside Overtime - Any member of this Department who performs duties or services on behalf
of an outside organization, company, or individual within this jurisdiction. Such outside overtime
shall be requested and scheduled directly through this Department so that the Department may
be reimbursed for the cost of wages and benefits.
1040.2 OBTAINING APPROVAL
No member of this Department may engage in any outside employment without first obtaining prior
written approval of the Police Chief. Failure to obtain prior written approval for outside employment
or engaging in outside employment prohibited by this policy may lead to disciplinary action.
In order to obtain approval for outside employment, the employee must complete an Outside
Employment Application (MVPD form PD-10) which shall be submitted to the employee's
immediate supervisor. The application will then be forwarded through channels to the Police Chief
for consideration.
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. ( Penal
Code § 70(e)(3)).
1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT
If an employee's Outside Employment Application is denied or withdrawn by the Department, the
employee may file a written notice of appeal to the Police Chief within ten days of the date of denial.
If the employee's appeal is denied, the employee may file a grievance pursuant to the procedure
set forth in the current Memorandum of Understanding (MOU).
1040.2.2 REVOCATION/SUSPENSION OF OUTSIDE EMPLOYMENT PERMITS
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
Mountain View Police Department
Mountain View PD Policy Manual
Outside Employment
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentOutside Employment - 2level of competency, the Police Chief may, at his or 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 during the term of a valid outside employment permit, 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 subject
to similar restrictions as those applicable to the employee's full time duties until the
employee has returned to a full duty status
1040.3 PROHIBITED OUTSIDE EMPLOYMENT
Consistent with the provisions of Government Code § 1126, the Department expressly reserves
the right to deny any Outside Employment Application submitted by an employee seeking to
engage in any activity which:
(a)Involves the employee's use of departmental time, facilities, equipment or supplies, the
use of the agency badge, uniform, prestige or influence for private gain or advantage
(b)Involves the employee's receipt or acceptance of any money or other consideration
from anyone other than this Department for the performance of an act which the
employee, if not performing such act, would be required or expected to render in the
regular course or hours of employment or as a part of the employee's duties as a
member of this Department
(c)Involves the performance of an act in other than the employee's capacity as a member
of this Department that may later be subject directly or indirectly to the control,
inspection, review, audit or enforcement of any other employee of this Department
(d)Involves time demands that would render performance of the employee's duties for
this Department less efficient
1040.3.1 OUTSIDE SECURITY AND PEACE OFFICER EMPLOYMENT
Consistent with the provisions of Penal Code § 70, and because it would further create a potential
conflict of interest, no member of this department may engage in any outside employment as a
private security guard, private investigator or other similar private security position.
1040.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE
In addition to the factors listed in Policy § 1040, other specifically identified prohibited outside
employment includes, but is not limited to:
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