Policy Text
CAT EGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 07/01/201 8 07/01 /2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ __________________
1040 - Outside Employment 1 POLICY 1040 OUTSIDE 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. The Office of the Chief of
Police, or his/her designee, is responsible for the administrat ion, coordination, and approval of all
outside employment requests.
1040.1.1 ACCREDITATION STANDARDS
This Section pertains to the following CALEA Standards: 22.2.4 , 22.2.5 , 22.3.3, 22.3.4 , 22.3.5
This Section pertains to the following Standard Operating Procedures: N/A
1040.1. 2 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, pro duct(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 Overtim e – 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 Dep artment 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 Chief of Police. Failure to obtain prior writ ten 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 a Request for
Outside Employment, which shall b e submitted to the employee’s immediate supervisor. The
application will then be forwarded through channels to the Chief of Police for consideration. If
approved, the employee will be provided with a copy of the approved memo . Unless otherwise
indicated in writing on the approved memo , authorization will be valid through the end of the
calendar year in which the request is approved. Any employee seeking to renew a uthorization
shall submit a new Request for Outside Employment in a timely manner.
Employees w ho do not receive prior approval to engage in off -duty employment or accept off -duty
employment prior to receiving permission to do so, or who engage in any off duty employment
CAT EGORY DATE ADOPTED LAST REVIEW NEXT REVIEW
4 01/24/2011 07/01/201 8 07/01 /2020
TUSTIN POLICE DEPARTMENT GENERAL ORDERS
______ __________________
1040 - Outside Employment 2 listed in this section or determined to be a conflict of interest under this po licy, may be subject to
disciplinary action. 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 Request for Outside Employment is denied or withdrawn by the Department, the
employee may file a written notice of appeal to the Chief of Police within ten (10) 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 authorizatio n 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 Poli ce may, at his or her discretion, revoke any previously
approved outside employment authorization (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 authorization .
b) Suspension or revocation of a previously approved outside employment authorization may
be included as a term or condition of sustained discipline .
c) If, at any time during the term of a valid outside employment authorization , an employee’s
conduct or outside employment conflicts with the provisions of department policy, the
authorization 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 authorization 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 .
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