Policy Text
Ref: CALEA
Standard 22.3.3 DEPARTMENTAL
GENERAL ORDER B-3 Rev.
30 Jul 01
Index as: Employment Permit Outside Employment Permit For Outside Employment
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OUTSIDE EMPLOYMENT
The purpose of this order is to set forth the conditions under which the employment of members and employees in jobs outside the Department is permissible, the procedures
for obtaining a permit to work outside the Department, a nd the liabilities of members
during such employment. I. REGULATION OF OUTSIDE EMPLOYMENT
A. In accordance with the pr ovisions of Government Code Section 1126,
Section 1101 of the City Charter, and Section 9.06 of the Laws and Rules of the Civil Service Board, outside employment shall be prohibited if it:
1. Involves using Departmental time, facilities, equipm ent, supplies,
badges, uniforms, prestige, or influence for private gain or
advantage.
2. Involves receiving outsi de money or consideration for service
which the member or employee is required or expected to render
during the normal course of his/ her Departmental tour of duty.
3. Involves acts which may later be dir ectly or indirectly subject to
Departmental control, inspection, review, aud it, or enforcement.
B. Government Code Section 1126, Sec tion 1101 of the City Charter, and
Section 9.06 of the Laws and Rules of the Civil Service Board prohibit
employment which is in any other respect inconsistent, incompatible, or in
conflict with the member's or empl oyee’s Departmental duties or with
Departmental functions and responsibilities.
1. Outside employment so prohibited shall include:
a) Emp1oyment or activity which is in and of itself unlawful.
DEPARTMENTAL GENERAL ORDER B-3 Rev.
30 Jul 01 OAKLAND POLICE DEPARTMENT
b) Employment of a kind or at a location which would tend to
bring the Department into disrepute.
c) Employment which requires any affiliation, membership or
allegiance that may tend to in fluence a member's conduct in
a manner that would be inc onsistent with the proper
discharge of his/her duties as a police officer or with
his/her loyalty to the Department or to the public interest.
d) Investigative or other employmen t in which, by virtue of
the member's or employee's position in the Department
he/she may avail him/herself of access to poli ce information
records, files or correspondence.
2. Hazardous employment which jeopard izes the member's or the
employee's availability for Depa rtmental duty may also be
prohibited.
3. Employment as a uniformed secu rity guard or watchman is
prohibited.
4. Employment as a non-uniformed security guard in Oakland is prohibited pursuant to Penal C ode Section 70(d)(4) during any
period when the outside employer is experiencing strike-related
activity including strikes, lockouts, picketing, or other physical
demonstrations of a labor dis pute. If the Department loans a
member to another jurisdiction, the member is prohibited from
working as a non-uniformed secu rity guard for any outside
employer in that jurisdiction who is experiencing labor disputes.
C. Under Government Code Section 1126, outside employment may be
prohibited if time demands are such as to render the member or employee
less efficient during his/her De partmental tour of duty.
D. Outside employment is prohibited duri ng paid or unpaid sick or injury
leave. Whenever an individual has returned to work with medical
restrictions, outside employment that conflicts with the restrictions is
prohibited.
E. No full-time member or employee sha ll, without first obtaining the written
permission of the Chief of Police, engage in any gainful outside
employment activity or enterprise for wages or commissions. The
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DEPARTMENTAL GENERAL ORDER B-3 Rev.
30 Jul 01 OAKLAND POLICE DEPARTMENT
permission of the Chief of Police sha ll be requested in accordance with
procedures set forth in Part II of this order.
F. The decision of the Chief of Police to grant or deny permission to engage
in outside employment shall be subject to appeal only through established
grievance procedures.
G. Failure to comply with the provisions of this order or falsifying
information on permit applications sh all result in such Departmental
disciplinary action as the Chief of Police may deem appropriate.
II. PERMIT APPLICATION , ISSUANCE, RENEWAL
A. A full-time member or employee who wants to engage in outside business or employment shall complete two copies of the Outside Employment
Permit (TF-674),
obtain the outside employer's signature, and submit the
forms to his/her commander.
B. The applicant's commander shall signify approval or disapproval of the
request by appropriate notation and signature on the permit form and shall forward both copies through cha nnels to the Chief of Police.
C. The request shall be reviewed in the Office of Chief of Police. Requests
not approved shall be returned through channels, with a notation as to the
reason for disapproval. If the request is approved, one copy of the permit
shall be returned through channels to the applicant. The second copy shall
be retained in the Office of the Chief.
D. Approved permits shall be regarded as being temporarily suspended while
a member or employee is on paid or unpaid sick or injury leave, under medical restrictions whic h conflict with the outside employment, or under
the conditions specified in Pa rt I, B,