Chicago Police DepartmentEmployee Resource E01-11
Secondary Employment
Issue Date:06 November 2018Effective Date:06 November 2018
Rescinds:01 October 2015 Version
Index Category:Employee Rights and Responsibilities
I.Purpose
This directive:
  • A.defines secondary employment.
  • B.delineates Department policy relating to secondary employment.
  • C.enumerates general restrictions pertaining to secondary employment.
  • D.defines specific limitations on secondary employment pertaining to exempt members.
  • E.continues the City of Chicago Department of Human Resources Dual Employment Form (PER 125).
  • F.informs civilian and exempt members of the requirement to complete a City of Chicago Department of Human Resources Dual Employment Form when working secondary employment.
  • G.satisfies CALEA Law Enforcement Standard Chapter 22.
II.Definition
Secondary employment is any extra-Department activity for which any Department member is being compensated in salary, wages, commission, or any item of monetary value for services performed for an employer or in a self-employed status as defined by the Internal Revenue Service, except as follows:
  • A.Ownership or transfer of stocks, bonds, or other such instruments in which the member has a personal interest and not as stockbroker or in a similar fiduciary capacity.
  • B.Ownership or transfer of real estate in which the member has a personal interest and not as a real estate broker or salesperson.
  • C.Receipt of alimony or separate maintenance payments.
  • D.Receipt of annuities or income from life insurance and endowment contracts.
  • E.Receipt of fees for acting as executor, administrator, or conservator of any estate, or for acting as guardian ad litem or trustee.
  • F.Receipt of any inheritance, or bequest from any estate or receiving income as a result of a beneficial interest in any trust.
  • G.Military service, including National Guard or Reserve components.
III.Policy
  • A.The Chicago Police Department has the right to restrict secondary employment for good cause. The duties and obligations of the Chicago Police Department take priority over any other employment. Department members who engage in secondary employment are reminded that their primary responsibility is to the Chicago Police Department. Department members are subject to call at any time for emergencies, special assignments, or overtime duty. Secondary employment will not infringe on this obligation.
  • B.Any conflict of interest will be resolved in favor of the Chicago Police Department.
  • C.An employer of a Department member engaging in secondary employment will not receive preferential treatment by the Department.
  • D.The Department will not assume liability for the actions of a Department member during the actual hours of work in secondary employment.
  • E.If a Department member incurs an injury during the hours for which the member will receive remuneration from the secondary employer as salary, wages, commission, or any item of monetary value for services performed for an employer or in a self-employed status as defined by the Internal Revenue Service, the member normally will not be classified by the Department as Injured on Duty. If a sworn member was performing an action required to be taken by an off-duty officer rather than an action required as a condition of secondary employment (effecting the arrest of an offender who has committed a criminal act in their presence, etc.) even though the Department member was engaged in secondary employment at the time the injury was sustained, the circumstances attendant to the injury will be evaluated by the Department to determine the member's eligibility to be classified as Injured on Duty.
  • F.Department members will neither represent themselves as a Chicago Police Officer nor wear the prescribed uniform during secondary employment without the written permission of the Superintendent of Police.
  • G.Department members engaged in a security capacity will neither request nor be credited with overtime for arrests or court appearances which occur as a consequence of their secondary employment.
    NOTE:
    If an arrest occurs while working secondary employment, the responding on-duty officer will be the arresting/primary officer on the Arrest Report. The responding officer will process the arrest according to Department directives. The off-duty sworn member will be identified as a victim and/or witness to the incident. Under no circumstances will the officer seek compensation for any court appearance related to their secondary employment; the secondary employer will claim all responsibility for that incident.
IV.Restrictions
Secondary employment is prohibited under the following restrictions; any violation of this policy will result in discipline, up to and including separation.
  • A.When the agency, firm, or establishment for which the Department member will work is not properly registered or licensed as required by law.
  • B.When a member is classified as a probationary employee.
  • C.Where there is a use of official police authority, powers, records, or services as a condition of secondary employment.
  • D.When the secondary employer would require the Department member be represented as a Chicago Police Officer or wear the prescribed police uniform, except when the employer has requested and received written consent of the Superintendent of Police permitting such appearance during secondary employment.
    NOTE:
    The employer must submit the request in writing to the Superintendent of Police, Attention: Chief of Staff.
  • E.When the secondary employment would require the Department member to access or utilize official police equipment, records, documents, or files.
    NOTE:
    Department members may obtain official reports and statistics as a member of the general public consistent with the Department directive "Department Reports, Publications, Survey Responses and Official Statistics."
  • F.When the working conditions, hours of work, or location where the secondary employment is performed tend to impair the Department member's efficiency or capabilities as an employee of the Department or interfere with the Department member's response to emergency calls.
    NOTE:
    A member should provide a sufficient amount of time between secondary employment and the start of a tour of duty to allow for ample rest and relaxation.
  • G.When the secondary employment is in an establishment where the primary business is the sale of intoxicating liquor. Department members are prohibited from engaging directly or indirectly in the ownership, maintenance, or operation of a tavern or retail liquor establishment. In no instance will a Department member be permitted to serve as a bartender to dispense intoxicating liquor or to serve as a cocktail waiter/waitress.
  • H.When the secondary employment is in either a medical cannabis cultivation center or a medical cannabis distribution center.
  • I.When the secondary employment or the place where it is performed is such as to bring either the Department or the Department member into disrespect or disfavor.
  • J.When the secondary employment would result at any time in a conflict of interest (e.g., conducting a defense investigation for a litigant in a suit against the City of Chicago or the Chicago Police Department).
  • K.When a Department member is on the Medical Roll for any reason.
  • L.When in a limited duty status. Personnel in a limited duty status are prohibited from engaging in secondary employment which requires activities not permitted by the limited duty status.
  • M.When the number of educational courses that a Department member is enrolled combined with secondary employment impairs the Department member's efficiency as a Department employee.
  • N.When a Department member is engaged in a secondary employment capacity at the site of a labor/management dispute, secondary employment will be prohibited during the term/duration of the strike or other type of job action or labor controversy wherein the Department member would be required to cross picket lines.
    NOTE:
    The Superintendent may suspend this restriction when the strike, job action, or labor controversy involves a local public service entity.
V.Exempt Department Members
  • A.Exempt Department members will not be permitted to engage in secondary employment without the written approval of the Superintendent of Police.
  • B.Secondary employment for exempt members will be limited to:
    • 1.teaching at an accredited educational institution;
    • 2.writing books, articles, or pamphlets;
    • 3.engaging in a profession which is licensed by the State of Illinois, and for which a license is granted only after the licensee:
      • a.successfully completes a prescribed course of academic training; and
      • b.passes a required State examination.
    • 4.other employment, only with the written permission of the Superintendent of Police.
  • C.In no event will an exempt member be concurrently employed by another law enforcement agency or have any economic interest whatsoever in any security firm, guard service, or private detective agency.
  • D.Secondary employment for exempt members will be subject to all other general restrictions enumerated with this directive.
VI.Dual Employment Form
  • A.All civilian and exempt Department members are required to complete a City of Chicago Department of Human Resources Dual Employment Form (PER-125) when working secondary employment.
  • B.Sworn Department members covered by labor agreements are not required to submit a City of Chicago Department of Human Resources Dual Employment Form when working secondary employment.
  • C.The City of Chicago Department of Human Resources Dual Employment Form will be completed and submitted in accordance with the procedures outlined in the Department directive titled "Dual Employment Form."
(Items indicated by italic/double underline were added or revised)
Eddie T. Johnson
Superintendent of Police
18-079 KT
ADDENDA:
1.E01-11-01 - Dual Employment Form