56513494.pdf

\n\n--- Page 1 ---\n\nSEMINOLE COUNTY SHERIFF'S OFFICE NUMBER: G - 31 GENERAL ORDER RESCINDS: SUBJECT: Outside Employment EFFECTIVE: November 14, 1994 REVISED: November 27, 2023 Table of Contents: I. Purpose II. Policy III. Forms IV. Definitions V. Governing Laws/Regulations VI. General Conditions VII. Types of Employment Not Permitted VIII. Outside Employment (Non Enforcement) A. General Conditions B. Outside Employment - Time Restrictions C. Outside Employment - Teaching Positions D. Self-Employment /Employees Starting their own Business E. Violations of Outside Employment Policies IX. Courtesy Deputy (Enforcement) I. PURPOSE: The purpose for this General Order is to provide guidelines for the approval and management of outside employment. II. POLICY: It is the policy of the Seminole County Sheriff’s Office to allow employees, subject to approval by a Chief, to engage in outside employment that do not interfere or conflict with the employees’ primary duties and responsibilities with the Sheriff’s Office, that is not in violation of any federal, state, or county law, or Sheriff’s Office General Orders and would not cause embarrassment to or detract from the reputation of the Sheriff’s Office. Outside employment is a privilege and the Sheriff or his designee may revoke, deny, or restrict outside employment if such action is deemed to be in the best interests of the Sheriff’s Office. Certain circumstances outlined in this policy require the Sheriff’s approval. III. FORMS: Outside Employment Request Form which is located on SCSONET under Human Resources. IV. DEFINITIONS: GENERAL ORDER Outside Employment GO # 31 PAGE 1 OF 7\n\n--- Page 2 ---\n\nA. Courtesy Deputy: A Sheriff’s Office employee with full law enforcement arrest powers who works security and resides at an apartment or condominium complex in exchange for free or reduced rent. Law Enforcement personnel requesting to provide security services in exchange for reduced or free rent must complete an “Outside Employment Request Form “and must receive command approval prior to signing a lease/rental agreement. B. Employee: For the purposes of this General Order, an employee is defined as any full-time employee of the Sheriff’s Office whether civilian, certified, or sworn. C. Employer (Outside Employment): A business, individual, or governmental agency who desires to hire a Sheriff’s Office employee (civilian, sworn, or certified) as a part time employee or independent contractor and who does not require law enforcement powers or the use of Sheriff’s Office equipment and uniforms as a condition of employment. F. Outside Employment: Employment by a business, individual, governmental agency or self-employment in which law enforcement powers are not a condition of employment and which requires no real or implied law enforcement service to the outside employer. The term “outside employment” shall also include serving as an employee, officer, director, or manager of any corporation, not-for-profit organization, or limited liability company regardless of whether the employee receives wages or other financial benefit. Outside employment is secondary employment to that of the Sheriff's Office and within the guidelines of this General Order, is available to all eligible employees of the Sheriff’s Office. V. GOVERNING LAWS / REGULATIONS: A. Section 112.313, Florida Statutes: Establishes standards of conduct for public officers and employees of governmental agencies and as such prohibits the following: 1. Employees acting in a private capacity from renting, selling or leasing any realty, goods or services to their employer except as specifically authorized within Section 12 of this statute. 2. No public officer or employee shall have or hold any employment or contractual relationship which is subject to the regulation of, or is doing business with, the Sheriff’s Office. 3. No public officer or employee shall have or hold any employment or contractual relationship that will create a continuing or frequently occurring conflict between his/her private interests and the performance of his/her duty as an employee of the Sheriff’s Office or that would impede the full and faithful discharge of his/he public duties. C. Section 205.053, Florida Statutes: Requires any person who engages in or manages a business, occupation or profession to obtain a local business tax receipt (formerly referred to as a business / occupational license) in accordance with local ordinances/laws unless exempted. D. Section 561.25, Florida Statutes: Prohibits Sheriffs and their Deputies from engaging in the sale and service of alcoholic beverages under the beverage law, from being employed, directly or indirectly, in connection with the operation of any business licensed under the beverage law, or owning any stock or interest in any firm, partnership, business or corporation dealing wholly or partly in the sale or distribution of alcoholic beverages except as provided for within the statute. GENERAL ORDER Outside Employment GO # 31 PAGE 2 OF 7\n\n--- Page 3 ---\n\n1. This Statue does not prevent Deputies from being employed in businesses which have obtained licenses only to sell beer and/or wine for consumption off premises, however, the approval of the Sheriff or his designee must be obtained for any such employment. 2. The statute also permits Deputies to be employed as an entertainer(s) and to render security services when off duty in any business establishment licensed under the beverage law to sell beverages, provided that approval is granted by the Sheriff or his designee. E. Section 648.44(2)(D), Florida Statutes: Prohibits Sheriffs, Deputy Sheriffs and employees of the Sheriff Office from being bail bond agents, temporary bail bond agents, employees of a bail bond agent or bail bond business and from receiving either directly or indirectly any benefits from the execution of a bail bond. F. Article 7, Section 10 of the Florida Constitution: Prohibits State of Florida governmental entities from giving, lending or using their taxing power or credit to aid any corporation, association, partnership or person. VI. GENERAL CONDITIONS: A. The ability to work outside employment while employed by the Sheriff’s Office is considered a privilege and is not an employment guarantee. Employees must obtain written permission using prescribed forms via the chain of command to engage in outside employment and must be considered eligible. B. Outside employment is secondary employment to that of the Sheriff's Office and within the guidelines of this General Order, is available to sworn, civilian, and certified employees occupying full time positions with the Sheriff’s Office. C. Participation in outside employment is strictly voluntary, and Sheriff’s Office employees are not required to work outside employment or become a courtesy officer as a condition of employment with the Sheriff’s Office. D. Employees who are approved to work outside employment are responsible for the payment of all taxes incurred on income earned, and for meeting any local business license requirements. E. All employees, including those working approved outside employment, are subject to recall by the Sheriff's Office if such action is deemed necessary by competent authority. F. Employees receiving approval for outside employment may not solicit or receive business from the Sheriff’s Office, unless specific conditions identified in Section 112.313 Florida Statutes, are met and approved by the Fiscal Services Director. VII. TYPES OF EMPLOYMENT NOT PERMITTED: Employees may work outside employment when it presents no potential conflict of interest between their duties as a Sheriff’s Office employee and the duties required by an outside employer. Employment involving potential conflicts of interests is prohibited, whether or not compensation is received. Examples of prohibited employment include, but are not limited to the following: A. Outside employment that has not been reviewed and