NCJ Number
64211
Journal
LEGAL POINTS Issue: 100 Dated: (1979) Pages: COMPLETE ISSUE
Date Published
1979
Length
4 pages
Annotation
THE VALIDITY OF POLICE DEPARTMENT POLICY PROHIBITING 'MOONLIGHTING' BY OFFICERS GENERALLY HAS BEEN UPHELD BY COURTS ON THE BASIS OF SUCH ARGUMENTS AS EFFICIENCY AND EFFECTIVENESS OF OFFICERS AND CONFLICT OF INTEREST.
Abstract
COURTS HAVE FOUND A RATIONAL BASIS FOR ADMINISTRATIVE GUIDELINES REGULATING OFF-DUTY EMPLOYMENT OF OFFICERS IN THAT POLICE PERSONNEL MAY BE NEEDED AT ANY MOMENT FOR EMERGENCIES; EMPLOYMENT ON THE SIDE WOULD IMPAIR THE PERFORMANCE OF OFFICERS WHO NEED TO BE ALERT AND RESPONSIVE ON DUTY; AND SUCH OUTSIDE EMPLOYMENT, PARTICULARLY BY ESTABLISHMENTS REQUIRING STATE REGULATION OR LICENSING, COULD CONSTITUTE CONFLICT OF INTEREST. COURTS HAVE ALSO CALLED THE RIGHT TO PUBLIC EMPLOYMENT A PRIVILEGE WHICH MAY BE GRANTED ON ANY CONDITIONS WHICH THE AGENCY MAY WISH TO IMPOSE. ADMINSTRATIVE GUIDELINES ON OFF-DUTY EMPLOYMENT THAT ARE DISCRIMINATORY OR ARBITRARY, HAVE, HOWEVER, BEEN QUESTIONED BY COURTS. POLICE DEPARTMENTS SHOULD HAVE SUCH ADMINISTRATIVE GUIDELINES AND SHOULD BE SURE THAT THEIR GUIDELINES ARE REASONABLE AND CONSISTENTLY ENFORCED. THE INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE IS DRAFTING A MODEL REGULATION. SUCH GUIDELINES ARE PARTICULARY NECESSARY IN THE EVENT THAT A CIVIL LIABILITY CASE ARISES INVOLVING A POLICE OFFICER ACTING WITHIN THE OFFICIAL SCOPE OF HIS DUTIES WHILE OFF-DUTY AND WHILE PERFORMING AN OFF-DUTY JOB. (DAG)