General Orders Details

Purpose

To establish guidelines governing secondary employment of employees of the Indiana University Police Department (IUPD) who seek to engage in additional employment outside the scope of their duties for Indiana University (IU).

General Order

IUPD employees may engage in secondary employment opportunities as long as those opportunities do not conflict, encroach, overlap, or interfere with the employee’s assigned IUPD schedule. Due to the unique nature of our duties and maintenance of the public’s trust, the IUPD may restrict or deny certain secondary employment opportunities such as those jobs or areas that would constitute a conflict of interest, conflict of commitment, or would bring discredit to or affect the safety and reputation of the IUPD and IU.

This general order is intended to supplement IU policy UA-17 Conflicts of Interest and Commitment. All IUPD employees engaged in secondary employment will comply with applicable sections of UA-17, including completing the Conflicts of Interest and Commitment online disclosure form.

Definitions

Off-duty employment – Secondary employment outside the Indiana University Police Department’s service performed for the benefit of a public, private, or non-profit employer, including self-employment, in a law enforcement capacity using law enforcement authority granted by Indiana University, or which may require the use of law enforcement authority granted by Indiana University.

Outside employment - Secondary employment outside the Indiana University Police Department’s service performed for the benefit of a public, private, or non-profit employer, including self-employment, for which the employee receives remuneration. Outside employment includes additional employment opportunities in which the employee is sworn into another law enforcement agency. Outside employment does not include or require the use of law enforcement authority granted by Indiana University.

Secondary employment – Any additional employment outside the scope of the employee’s duties with the Indiana University Police Department. Secondary employment is an umbrella term and includes both off-duty employment and outside employment defined above.

Secondary employment approval process (3.2.3 a)

Any IUPD employee wishing to engage in any type of secondary employment must discuss their secondary employment opportunity with their supervisor prior to beginning any work to ensure compliance with IUPD general orders and IU policy. After this discussion, the employee will complete and submit Indiana University’s Conflicts of Interest and Commitment (COI-C) Disclosure form. Employees will renew this COI-C Disclosure form in accordance with UA-17 Conflicts of Interest and Commitment policy.

Employees of the IUPD, excluding Cadet Officer Program participants, may be sworn into another law enforcement department or agency. Indiana University shall not be liable for and expressly disclaims any and all liability of any kind for any and all damages, losses, injuries,  claims, and/or suits arising out of or in any way related to the activities of  IUPD employees  working or engaged in law enforcement activities pursuant to the authority and badge of another law enforcement agency or department. IU’s worker’s compensation coverage does not apply in any secondary employment situation.

Guidelines for off-duty employment and additional approval process (3.2.3 a)

On an ad hoc basis and in their sole discretion, however, the superintendent for public safety, or their designee, may authorize IUPD employees to engage in off-duty employment for the benefit of an Indiana public higher education institution or an approved non-profit or not-for-profit entity. Such authorization by the superintendent, or their designee, may only be granted in writing provided the beneficiary entity executes a written agreement to indemnify, defend, and hold harmless the Board of Trustees of Indiana University and any affiliated entities. This section will not be construed to prevent Indiana University from entering into any written mutual aid, emergency management, disaster relief, or related agreement with any governmental entity.

Officers may request to work off-duty employment for a private or for-profit entity as long as the officer’s physical work assignment location is within IUPD’s primary jurisdiction (as defined by IU policy PD-01 Exercise of Extended Jurisdiction by Officers of the Indiana University Police Department). Such requests will be made using F3.2.3-1 Off-Duty Work Agreement and F3.2.3-2 Employer Liability Statement forms.

All requests to work off-duty employment will be routed via the proper chain of command up to the division’s highest-ranking leader, deputy superintendent, or superintendent for public safety depending on the employee’s position within the IUPD’s organizational structure. The division’s highest-ranking leader, deputy superintendent, or superintendent for public safety will approve or deny the off-duty employment request. Employees must obtain this written authorization prior to engaging in off-duty employment.

Upon approval or denial from the division’s highest-ranking leader, deputy superintendent, or superintendent for public safety, the employee will receive a copy of the completed form(s) and a copy will be stored in their personnel file in accordance with IU Human Resources policies and retention schedules. In the event a request is denied, a written response citing the reason(s) for the denial will be provided to the employee. Employees will not engage in off-duty employment until all forms have been completed and they have received written approval.

Approval to engage in off-duty employment is valid until the end of the calendar year. Employees will renew F3.2.3-1 Off-Duty Work Agreement and F3.2.3-2 Employer Liability Statement forms in December of each year, with an effective date of January 1 in the following year. Additionally, any changes in the information contained within the forms will require a resubmission of the forms as soon as possible. Failure to resubmit the forms as required may result in the denial or revocation of the employee’s approval for off-duty employment.

Types of employment in which the employee may not engage (3.2.3 b)

Secondary employment which would bring discredit to or reflects, or may reflect, negatively on IU or the IUPD, contradicts policies procedures, or objectives, represents a conflict of interest or commitment, or compromises the performance, integrity, or judgement of the employe is prohibited and will not be approved.

Off-duty employment which is conditioned on the actual or potential use of law enforcement authority granted by the IU Board of Trustees and which occurs in locations outside the IUPD’s primary jurisdiction (as defined by IU policy PS-PD-01 Exercise of Extended Jurisdiction by Officers of the Indiana University Police Department) is prohibited and will not be approved. However, the superintendent for public safety may authorize, at their discretion, an exception for instances in which another agency requests IUPD assistance (i.e. mutual aid).

Sworn officers are prohibited from engaging in secondary employment for any of the following business types:

• establishments serving or selling alcohol as a primary business,
• establishments selling firearms as a primary business provided, however, that sworn officers may engage in secondary employment at these types of establishments when the officer is providing educational services (i.e. providing instruction at a range in the officer’s capacity as a certified instructor with a current and valid certification),
• pawn shops,
• establishments involving any illegal activity, as defined by law, or where the proceeds of any illegal activity are kept,
• businesses involved in a labor dispute,
• check cashing businesses or pay day loan establishments,
• employment in which police authority might be used for private purposes of a civil nature, such as repossessing or towing vehicles, or acting as a process server or bill collector,
• employment for any work involving personnel investigations for the private sector or which may require access to police information, files, records, or services as a condition of employment. This includes running VIN checks for private employers for the purpose of a “physical inspection of a vehicle or watercraft” pursuant to Indiana state BMV form 39530 (or its successor),
• employment by or on behalf of a nightclub or an establishment licensed for or providing adult entertainment,
• employment involving any form of gambling, to include licensed charity events, and
• any job site or area(s) that would constitute a conflict of interest or would tend to bring discredit to IU or the IUPD.

The superintendent for public safety may restrict any other employment types at their discretion.

Behavioral expectations of employees working secondary employment (3.2.3 c)

Employees will comply with and abide by the rules and regulations of behavior and code of conduct established by Indiana University and the IUPD. Employees will be courteous, respectful, and act in a professional manner.

Expectations regarding work schedule conflicts, callbacks, and other scheduling considerations (3.2.3 d)

Employees are expected to report for duty at the IUPD as scheduled in a physical and mental state to perform their duties. When combined with work performed at the IUPD, employees will make every effort to not exceed sixteen (16) hours of work in a twenty-four (24) hour period. Hour restrictions may be imposed if the secondary employment hours worked interfere with or have a negative impact on the IUPD operations.

Employees will give priority to the performance of their job responsibilities with the IUPD. Secondary employment will not conflict with the duties and responsibilities of employees or the interests of the IUPD, nor interfere with or take precedence over the proper performance of any IUPD-related duties at any time or under any circumstances.

Officers working in an off-duty employment capacity may be called back to the IUPD to address a public safety emergency at any time at the discretion of supervision and will return to the IUPD without delay in any such instance.

Employees will not adjust their assigned IUPD schedule to accommodate secondary employment hours of work.

In accordance with applicable Indiana University policy covering sick leave, employees will not use sick leave time exclusively for the purposes of working any type of secondary employment.  During periods where an employee is on approved paid time off, vacation time, or holiday time, secondary employment is permitted.

Employees are prohibited from working secondary employment or performing secondary employer related tasks while on duty with the IUPD. This includes, but is not limited to scheduling, arrestee processing, report writing, or legal proceedings such as depositions, or court trials arising from an arrest made while working secondary employment.

Use of agency equipment while engaged in secondary employment (3.2.3 e) 

Employees engaging in outside employment act as agents for their outside employer. As such, the use of any IUPD issued or owned item is prohibited. This includes, but is not limited to, uniforms and equipment, firearms, less-lethal weapons, identification, and badge. Use of all other IUPD resources and access (i.e. vehicles, data terminals, phones, case files, criminal records, IDACS/NCIC to include Indiana BMV records, uniform/investigative personnel, etc.) for the benefit of any secondary employer is strictly prohibited.

Officers working approved off-duty employment will adhere to all applicable uniform and equipment requirements described in IUPD general orders.

Process by which an employee’s permission to engage in secondary employment may be revoked (3.2.3 f)

Off-duty employment is a privilege. The division’s highest-ranking leader, a deputy superintendent, or superintendent for public safety reserves the right to prohibit, restrict, and regulate all off-duty employment in the best interests of the IUPD and the community. This privilege may be revoked or modified at any time for reasons including, but not limited to the following:

• disciplinary action (whether pending or final);
• violation of any IUPD general order;
• violation of IU policy;
• excessive sick leave;
• where IUPD determines there is an actual or anticipated risk of reputational harm to the IUPD or Indiana University;
• conflict of interest or commitment; or
• where the ability to perform IUPD responsibilities has been compromised.

Any decision in which an off-duty employment request is denied or an approval to work off-duty employment is revoked, is not subject to the applicable university grievance process. Officers may request a review of this decision through their chain of command.

In accordance with IU policy UA-17, employees may engage in outside employment provided that such activities do not detract from the performance of their university duties and responsibilities. Violations relating to UA-17 will be addressed in accordance with applicable university policies and procedures, which may include disciplinary actions up to and including termination from the university and/or criminal prosecution.

Position responsible for overseeing secondary employment (3.2.3 g)

Supervisors are responsible for ensuring employees under their command are adhering to all applicable IUPD rules, regulations and general orders, including while seeking approval for and when working secondary employment. Any violations will be addressed as appropriate and may include consultation with IU Human Resources.

The superintendent for public safety and/or their designee will oversee compliance with this general order.

Related Information

Indiana University

• PS-PD-01 Exercise of Extended Jurisdiction by Officers of the Indiana University Police Department
• UA-17 Conflicts of Interest and Commitment

Indiana University Police Department   

• F3.2.3-1 Off-Duty Work Agreement
• F3.2.3-2 Employer Liability Statement
• G1.1.2 Jurisdiction and Service Boundaries
• G2.1.5 Legally Mandated Authority and Responsibility