MONROE COUNTY SHERIFF’S OFFICE

General Order

CHAPTER:		TITLE:
023		Off-Duty Employment/Extra-Duty Details
EFFECTIVE DATE:	NO. PAGES:	REVIEWED/REVISED:
January 13, 2015	6	November 17, 2021

Sheriff of Monroe County

I.PURPOSE: The purpose of this directive is to establish guidelines, rules and regulations relating to off- duty employment and extra-duty details as performed by Monroe County Sheriff’s Office (MCSO) members.

II.DISCUSSION: It is recognized that members desire to work off-duty employment for various reasons. This employment shall not interfere or conflict with the primary employment with MCSO.

Individuals or organizations sometimes have the need for the services of MCSO personnel for a private event to which they cannot be assigned on an on-duty basis. These are defined as extra-duty details. Such details allow services to be provided for events that may not otherwise receive such services, allowing officers to earn additional income and many times reducing or eliminating problems an event may cause which would normally require on-duty resources.

Extra-duty details should be managed in a manner that is fair in their posting of availability and distribution among available personnel to participate.

III.DEFINITIONS

A.Off-duty employment is employment that is outside of MCSO and does not require the member to perform any function associated with their duties or powers.

B.Extra-duty details are details at the request of, and paid for by, other entities, i.e. special-event security, Fantasy Fest Parade, etc.

IV. POLICY AND PROCEDURE

A.Off-duty Employment

1.MCSO personnel shall obtain prior approval from the Sheriff, via the Chain-of-Command, before engaging in other employment, occupation, profession or commercial enterprise.

2.Approval will not be granted for off-duty employment which might:

a.Interfere with official duties

b.Involve the sale of alcoholic beverages for on-premises consumption (FSS 561.25)

c.Involve bail bond agencies

d.Involve investigative work for insurance agencies, collection agencies, security agencies or attorneys.

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B.Extra-duty Details

1.Scheduling: Each patrol district will designate one person to function as the District Special Detail Coordinator (DSDC). The DSDC is responsible for coordinating all details in their respective district.

a.All extra-duty details shall be scheduled through the MCSO DSDC.

b.Any person or public or private entity desiring the service of any member of the MCSO functioning in the role of off-duty law enforcement will be advised to contact the DSDC of the District in which the extra-duty detail is to take place.

c.The DSDC shall review requests for contracts by outside organizations to ensure they meet the standards for hiring a deputy and to verify that the detail does not fall into a prohibited type of employment. If, after approval, a detail changes and no longer meets the standard, it shall be revoked.

2.Prohibited Extra-Duty Details:

a.Any business whose primary source of income is the sale of alcohol or adult entertainment

b.Employment involving bail bond agencies

c.Investigative work for attorneys, collection, and security agencies

d.Details in which a potential conflict exists

3.Staffing Levels

a.For every six deputies assigned to a specific extra-duty detail, one sergeant will be required.

b.For every two sergeants, one lieutenant will be required.

c.If staffing levels require sergeants or lieutenants, each respective rank will be paid at their respective extra-duty detail rate.

d.If staffing levels do not require sergeants or lieutenants, but those members work an extra-duty detail, they will be paid at the deputy detail rate.

4.All office directives apply during all extra-duty details. The deputy’s behavior shall be governed accordingly.

5.Unless otherwise authorized by the DSDC, the deputy shall be in class B uniform and drive their assigned unit.

6.Scheduled Deputy’s Responsibilities

a.Find a replacement for any detail if he/she cannot attend and notify the DSCD of such

b.Notify Communications of the location of the detail when coming into service

7.Substituting for Another Agency on Details

a.Deputies may substitute for law enforcement officers on details from another law

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enforcement agency.

b.Deputies must ask his/her supervisor for permission to work as a substitute on other law enforcement agency details and any subsequent supervisor he/she may have while substituting on such details.

c.Deputies are prohibited from substituting on or working any details that would be prohibited if contracted as an MCSO extra-duty detail.

d.Deputies may be contacted directly by the other law enforcement officer they are substituting for and are not required to contact the DSDC.

e.Deputies substituting on such details are required to notify Communications of the detail’s location when coming into service.

8.Hours of Work: The following shall apply to extra-duty details and off-duty and scheduled overtime:

a.A deputy shall not work more than 18 continuous hours within a 24-hour period. These hours are cumulative. They include normal scheduled work hours, overtime, extra-duty details and off-duty employment hours.

b.Any deputy who has worked an 18-hour period, as defined above, shall have a minimum of an 8-hour rest period before returning to work.

c.Deputies shall not work more than six contiguous days.

d.This may be altered only with permission of the Sheriff or his designee.

9.Availability of Details Posting: Requesting

a.It is the policy of MCSO to fairly and equally distribute all opportunities for extra-duty details among those eligible deputies who have expressed their interest in participating in the program.

b.Once an extra-duty detail has been established, it will be published in the RollKall detail application by the respective DSDC. The DSDC is responsible for ensuring that each detail is staffed and that the deputies assigned are informed as to what is expected of them on the assignment.

c.Deputies interested in working a posted extra-duty detail are required to request the detail via the RollKall app. Face-to-face requests, telephone calls and requests on paper are not considered appropriate forms of request.

10.Attention to Orders: If a deputy working an extra-duty detail receives instructions from an MCSO member with the authority to direct him/her, he/she shall abide by MCSO instructions over his/her work at the extra-duty detail.

11.Eligibility for Extra-Duty Details

a.All law enforcement deputies who have completed the FTO program and are employed full- or part-time by MCSO are eligible to work single officer extra-duty details and shall be given preference for detail staffing.

b.Deputies who have not completed the FTO program are only eligible to work multi-officer

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extra-duty details and under the direction of a deputy who has completed the FTO program.

c.Reserve deputies who have completed the FTO program are eligible to work single officer extra-duty details and shall only be scheduled after the detail cannot be filled by deputies as noted above in bullet 11 a. The reserve deputy may use a spare marked unit or borrow a marked unit to work details requiring a vehicle.

d.Reserve deputies who have not completed the FTO program are only eligible to work multi-officer details and under the direction of a deputy who has completed the FTO program.

e.Auxiliary deputies are only eligible to work multi-officer extra duty detail and under the direction of a deputy who has completed the FTO program.

f.Correction deputies who have completed the FTO program are eligible to work correction- related extra-duty details.

g.Members not on full duty status are not eligible to work extra-duty details.

h.If, after review of a deputy’s performance or as a result of an Internal Affairs investigation, the deputy’s district/division commander decides to temporarily revoke the deputy’s eligibility for extra-duty details, written notice will be sent in a timely fashion to the DSDC.

i.Members will be accepted for any extra-duty assignment on a first-come, first-served basis, with the exception that deputies who have not worked any extra-duty details within the 15 days preceding the date of the extra-duty detail in question will be given preference over those who have.

j.Members assigned to the district in which the extra-duty will take place will be given preference for the detail over those members who are assigned to other districts.

k.After the detail has been posted for 5 days, it will open to officers from all districts.

l.Nothing in this policy is to prohibit the DSDC from approving details on an emergency basis to meet the needs of MCSO and the community.

m.Each DSDC is responsible for assigning deputies to details in his/her district in accordance with this directive.

12.Billing Contract

a.Prior to the extra-duty detail the DSDC and the contracting entity will agree upon the method of billing and payment for that particular detail. The only approved method of payment will be via the RollKall “RKPay”.

b.No cash payments are authorized unless prior approval is given in writing by the Sheriff or his/her designee.

c.All details will be charged at a rate of pay and hourly minimum as set in writing, and amended from time-to-time, by the Sheriff or his/her designee.

d.No other hourly minimum or rate of pay is permitted unless prior approval is given in writing by the Sheriff or his/her designee.

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e.Members working extra-duty details are prohibited from taking any form of tip or gratuity beyond the approved rate of pay.

f.In certain instances, the DSDC may require pre-payment of a portion or all of the expected costs before a deputy is assigned to the detail. The DSDC will advise the district commander of any such requirement prior to notifying the contracting entity.

13.Documentation of the Significant Aspects of each Deputy’s Extra-Duty Employment.

a.The DSDC is responsible to make certain all aspects are recorded in the RollKall program who will keep record of the date, time, location and deputies assigned to each extra-duty detail.

b.The DSDC will provide district supervisors a copy of this details record to be used to monitor the number of hours worked in a 24-hour period as noted in this policy.

c.If, during the time of the extra-duty detail, the deputy takes law enforcement action or injures him/herself or others or complaints are received, the deputy shall provide his/her supervisor a copy of the incident report and associated documentation.

d.The district commander shall monitor court appearances (scheduled or actually attended) resulting from the extra-duty employment and liability and indemnification concerns stemming from actions during extra-duty employment for evaluation of reoccurring details or detail of similar nature in the future.

14.Worker’s Compensation

a.A member injured while working an extra-duty detail is fully covered by Worker’s Compensation as long as the injury was sustained while the member was engaged in a law enforcement function, such as effecting an arrest, pursuing a suspect, etc.

b.All other injuries sustained on an extra-duty detail should be covered by the extra-duty contracting employer’s Worker’s Compensation insurance, and any claims for such injuries are a matter between the member and the extra-duty contracting employer. The member may file a claim for treatment of the injury with Monroe County’s group medical plan under terms and conditions set forth regarding off-duty injuries. It is the member’s responsibility to confirm employers have the appropriate worker’s compensation insurance.

15.Vehicle Insurance Coverage

a.Any injury while driving a county vehicle will be covered as long as, at the time the injury was sustained, the member was performing a law-enforcement function as discussed in 14a above.

b.MCSO will forward, to its current insurance provider for consideration, all claims for injuries/damages sustained by the driver or passengers of any other vehicles involved in a crash with a county vehicle being driven by an authorized member in his/her off-duty time.

c.Because of limitations of coverage, MCSO encourages members who drive county vehicles to obtain private vehicle/operator insurance and coverage for disability. MCSO will not, however, require proof that such coverage has been obtained prior to authorizing the member to work an extra-duty detail.

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16.MCSO has, and retains, the right to establish contracts for law enforcement or security-related services with other government entities (i.e. Village of Islamorada, U.S. Marshal’s Service, etc.) which will be subject to the terms, rates and conditions agreed upon by both parties and not subject to the provision of this policy.

17.Non-Profit, Not-For-Profit and public-service-oriented organizations requesting law enforcement or security-related services free of charge must contact the commander of the district in which the detail is to take place for his/her approval. If the detail is approved, the district commander will assign members to work the detail while on their regular shift, and no fee will be charged to the requesting organization.

18.A list of public-service details can be obtained from the commander of each district/division where such services are to be provided.

19.Details outside of Monroe County:

a.No details are authorized outside of Monroe County unless specifically approved by the Sheriff.

b.The following rule shall apply for details performed outside of Monroe County if the detail is not arranged through mutual aid agreements:

If a Sheriff's Office vehicle is used for the detail, the deputy using the vehicle is responsible for the purchase of fuel for his/her assigned unit necessary for the detail. An example of such a detail would be the NASCAR races at the Miami-Dade Homestead Motor Sports Complex. The deputy shall, upon completion of the detail, turn in copies of receipts for any gas purchased and a record of miles driven to the detail coordinator, who shall in turn submit them to Fleet for record keeping purposes. Mileage may be calculated after leaving the county.

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