6-2 Overtime and Secondary Employment

Policy Type:  Local

Responsible Office:  Chief of Police, Virginia Commonwealth University Police Department          

Initial Policy Approved:  11/25/2013

Current Revision Approved:  4/29/2022

General

The VCU Police Department (VCUPD) permits all personnel to work approved overtime, off-duty overtime assignments, and secondary employment that does not represent a conflict of interest, does not violate any rules, regulations or procedures, and does not impair the employee’s job performance. 

All off-duty overtime assignments will be coordinated and/or maintained by the Operational Support Coordinator. Working off-duty overtime and/or secondary employment is a privilege that can be revoked at any time by the Chief of Police. Personnel who do not abide by these policies and procedures may have the privilege of working off-duty overtime or secondary employment revoked, in addition to any other sanctioned disciplinary process. The purpose of this policy is to set forth guidelines to govern all overtime and secondary employment by VCUPD personnel.

Accountability Statement

All employees are expected to fully comply with the guidelines and timelines set forth in this written directive.  Failure to comply will result in appropriate corrective action. Responsibility rests with the division supervisor to ensure that any policy violations are investigated and appropriate training, counseling and/or disciplinary action is initiated.

Definitions

1. SECONDARY EMPLOYMENT – The provision of a service, whether or not in exchange for a fee or other consideration, which is outside the normal job for which an individual is employed by VCUPD. NOTE: Secondary employment that requires the use of law enforcement powers is prohibited.
2. OVERTIME – Time that is worked in addition to an individual’s scheduled work hours (i.e. court requirements, etc.). NOTE: Sworn officers are required to utilize law enforcement powers during overtime work.
3. OFF-DUTY OVERTIME ASSIGNMENT - Time worked in addition to an individual’s scheduled work hours for extra income that is not based on the needs of an employee’s regular shift (event control, etc.). NOTE: Sworn officers are required to utilize law enforcement powers during off-duty overtime work.

Responsibilities

1. Employees are herein advised that elective overtime assignments and secondary employment is a privilege granted to personnel. The department may prohibit employees from working in an overtime and/or secondary capacity, particularly if such employment is deemed detrimental to the department.
2. Employees must ensure their ability to successfully perform their regular work duties and that the quality of their work is not adversely affected by any overtime or secondary employment.
3. Personnel performing overtime work are subject to all VCUPD policies and procedures, applicable university-wide policies, and any other applicable Commonwealth of Virginia regulations.
4. Permission for an employee to engage in off-duty overtime and/or secondary employment may be revoked if it is determined that the employment is not in the best interest of the department.

General Elective Overtime and Secondary Work Hour Restrictions

1. Employees may not engage in overtime or secondary employment of more than 16 hours in any consecutive 24-hour period.
2. No officer will work any combination of jobs that will cause them to drive a vehicle over 13 hours in any consecutive 24-hour period.
3. Prior to reporting to their regular department assignment, personnel must have at least 8 hours of rest within the preceding 16-hour period.
4. No personnel shall work any combination of on-duty, overtime or secondary employment totaling more than seventy-six (76) hours within a 7-day period without prior approval from the employee’s supervisor. For the purposes of calculating the 7-day total, the 7-day period begins at 0000 hours on Sunday and ends at midnight on Saturday. The VCUPD Payroll and Personnel Manager shall ensure that employees do not exceed these work hour restrictions.
5. Personnel may not work a combined total of more than 144 hours of overtime or secondary employment in any consecutive four-week This includes any hours worked while on vacation, compensatory, or other leave. The only exceptions are for work performed due to a primary job-related emergency, court overtime, or with prior approval from the employee’s supervisor. VCUPD’s Payroll and Personnel Manager shall ensure that employees do not exceed these restrictions.

Overtime Procedures and Regulations

1. The Operational Support Coordinator shall post all overtime assignments via the online VCUPD Overtime (OT) System. Overtime assignments are equally available to all eligible sworn officers.
2. In order to ensure equity and fairness, off-duty overtime is granted depending on which officer has the lowest number of overtime hours in a 100-day period.
3. Prior to signing up for overtime, department personnel requesting adjustments to their assigned schedules to allow for overtime shall first obtain permission from their immediate supervisor. Approval of such requests will be based on staffing needs.
4. Some overtime events necessitate a mandatory presence of supervision. It is the responsibility of the assigned supervisor to handle and coordinate any and all issues pertaining to such overtime assignment. The overtime supervisor shall coordinate activities with the on-duty supervisor, as necessary.
5. Shift supervisors shall ensure that all personnel report to scheduled off-duty overtime on time and ready for duty, at the correct location, unless directed to report to read-off. The Operational Support Coordinator will provide weekly rosters of all off-duty overtime assignments to patrol supervisors and dispatch.
6. Only brief, authorized breaks shall be taken, with approved relief, on the premises of the off-duty overtime assignment, unless otherwise specified by the supervisor.
7. Personnel who twice fail to report (or provide alternatives) for their off-duty overtime assignments will be subject to the disciplinary process.
8. Sworn personnel in field training are prohibited from working overtime assignments, unless otherwise directed by their chain-of-command.
9. Probationary police officers are permitted to work off-duty overtime assignments.
10. All uniformed sworn officers must comply with the uniform and grooming/personal appearance procedures while on an off-duty overtime assignment.
11. Employees who are on injury leave, leave without pay, military leave, light-duty, or have had their police powers suspended are prohibited from engaging in off-duty overtime.
12. Whenever an employee utilizes sick leave (i.e. – illness, not including doctor or dental appointments), they are prohibited from working any overtime assignment for a 24-hour period (ex. - an officer working a 2100 –0700 shift calls in sick, that officer is then prohibited from working any overtime until 2100 hours the next day).
13. Any employee who misses an off-duty overtime assignment due to illness must contact the on-duty supervisor no less than four (4) hours before the start of the off-duty overtime The on-duty supervisor may coordinate with the Operational Support Coordinator to attempt to fill the assignment, but the Patrol Division is ultimately responsible for ensuring adequate coverage.
14. Any employee may be required to discontinue off-duty overtime if such activity or enterprise interferes with the employee’s job performance, attendance, promptness, ability to work overtime, or ability to work emergency hours.
15. Employees who have been issued a Standards of Conduct Written Notice are prohibited from volunteering to work off-duty overtime for a period of six (6) months, unless otherwise directed by the Chief of Police.
16. Employees who have been issued a Notice of Needs Improvement are prohibited from volunteering to work off-duty overtime until their performance has improved.
17. Employees who receive an “Unsatisfactory Performer” rating on their performance evaluation are prohibited from working off-duty overtime until they have been reevaluated with at least a “Fair Performer” rating.
18. Employees who are prohibited from volunteering for off-duty overtime are still subject to the mandatory overtime drafts.
19. Captains shall advise the Operational Support Coordinator of the status of all employees who are not permitted to work off-duty overtime assignments for any reason.

Overtime Drafting Procedures

1. The Operational Support Coordinator will post all overtime assignments using the online VCUPD Overtime (OT) System. Overtime assignments are equally available to all eligible sworn officers, and the following procedures should be followed:
   1. In order to ensure equity and fairness, off-duty overtime assignments are granted based on which volunteering officer has accrued the lowest number of overtime hours in the preceding 100-day period.
   2. Every effort will be made to fill off-duty overtime assignments with volunteers, and officers are encouraged to volunteer early and often.
   3. If off-duty overtime assignments remain unfilled, a draft will be implemented.
      1. Officers’ schedules, regular days off, shift time, and time of assignment will be taken into careful consideration when drafting.
      2. Notification to drafted officers will be made as soon as possible, to ensure that officers are able to make personal and professional adjustments, as needed.
   4. Two lists will be compiled on a monthly basis:
      1. The first list is generated by the Operational Support Coordinator, which includes all off-duty hours worked within the previous 30-day period. 
      2. The second list is generated by the VCUPD Payroll and Personnel Administrator, which will indicate all overtime hours that an officer has worked (administrative, mandatory staffing, investigation, etc.) during the previous 30-day period. 
   5. These combined hours will be reviewed by the Operational Support Coordinator as a more accurate representation of the officer’s actual hours worked.  A department average will be generated on a monthly basis that is based on the combined total hours worked from the above two lists. 
      1. Officers whose overtime hours are below the department average are most likely to be drafted for overtime. 
      2. An officer will not be eliminated from overtime consideration if their hours are above the department average, but they are less likely to be drafted.
      3. Once the list is compiled, it will be forwarded to the Captains for Patrol Operations and Support Services for further review.
      4. After the Captains’ review, the list will be posted in the read-off room. In the event that the agency is in need of draft personnel, the officers will receive advance notice of whether they’re eligible for draft.
   6. Upon the need for a draft, a Captain will notify the on-duty supervisor(s) who will notify the drafted officer(s) in-person or via telephone.
   7. Should there be a situation in which an officer cannot be drafted, the supervisor will notify the Captains, in writing, by including the officer’s name and the reason why they cannot be drafted.
   8. All operation plans shall include the officer(s) that volunteered and those who were drafted for the assignment.  
   9. Drafted personnel will be tracked daily to ensure that the same officers aren't drafted for consecutive assignments, unless it is unavoidable.  
   10. In instances designated by the Chief of Police (i.e. high school graduations, basketball tournaments, and other special events), the officer will be subject to the draft regardless of the department average.

Overtime Radio Procedures

1. All officers working off-duty overtime assignments are required to mark in-service with Dispatch via radio at the beginning of each assignment. Officers shall give their location, the type of off-duty assignment, and their expected end of tour time.
2. Officers are required to monitor the radio while working off-duty overtime assignments.
3. At the end of the off-duty overtime assignment, officers shall mark 10-7 and advise Dispatch of any actions taken.
4. A dispatcher shall notify a supervisor of any off-duty officers who have failed to clear their overtime assignments as scheduled. The supervisor will then contact the off-duty officer to ensure the wellbeing of the officer who was working the off-duty overtime assignment. Any officer who continuously fails to mark off-duty is subject to the disciplinary process.  
5. Officers working any patrol off-duty overtime must communicate that to Dispatch when marking in-service (court overtime is excluded).

Overtime Documentation Requirements

1. If any non-exempt VCUPD employee works beyond their regular tour for any reason, the employee shall log-off and subsequently file a VCUPD-18 Overtime (OT) sheet to document all of the following:
   1. Exact date/time worked
   2. Nature of the assignment
   3. Incident number, if applicable
   4. The employee shall sign and submit the VCUPD-18 sheet to the on-duty supervisor for authorization within 24 hours of the assignment
2. Supervisory approval and signature is needed for any overtime to be paid. It is the responsibility of each shift supervisor to ensure that overtime officers report to their assignments on time, that they log off-duty after assignments, and that overtime hours are never abused.
3. In addition to the above requirements, overtime court hours shall be reported as follows:
   1. All officers are required to select one traffic court date and one criminal court date per month for court attendance under normal circumstances. Every effort should be made to avoid multiple court dates that require overtime during any given month.
   2. The clerk of the court or Commonwealth’s Attorney must enter the officer’s end time and sign the overtime sheet. Unsigned overtime sheets will not be processed.
   3. The slips must be submitted to the shift supervisor within 24 hours of the completion of the officer’s court appearance.

Secondary Employment Procedures

1. Personnel shall complete and submit a VCUPD-13 Secondary Employment Request form through their chain-of-command for prior approval. No employee is permitted to work any secondary employment until written approval has been received from the employee’s supervisor.
2. Prior to each annual performance evaluation, personnel shall complete and re-submit a VCUPD-13 Secondary Employment Request through their chain-of-command for re-approval.
3. Regulations:
   1. Conflict of Interest – Secondary employment will not be permitted if it constitutes a conflict of interest. Examples of prohibited positions include:
      1. Any position requiring a police uniform and the performance of tasks associated with law enforcement powers.
      2. A bail bondsman or bounty hunter, a process server, repossessor, bill collector, towing of vehicles, or any other employment in which police authority might tend to be used to collect money or merchandise for a private service.
      3. Assisting in any manner with case preparation for the defense in any criminal or civil action or proceeding.
      4. Employment with a business or labor group involved in a labor dispute or strike.
   2. Status and Dignity – Secondary employment will not be permitted if it constitutes a threat to the status or dignity of the police as a professional occupation. Examples of such threats include:
      1. Establishments that sell pornographic items or provide entertainment or services of a sexual nature.
      2. Gambling establishments that are not exempt by law.
4. Any employee may be required to discontinue secondary employment if such employment activity or enterprise interferes with the employee’s job performance, attendance, promptness, ability to work overtime, or ability to work emergency hours.
5. Any employee who has been issued a Standards of Conduct Written Notice is prohibited from engaging in any secondary employment for a period of 6 months or up to the disciplinary term, unless otherwise directed by the Chief of Police.
6. During their initial training period, police recruits shall not work secondary employment in any capacity. Officers in field training shall not engage in secondary employment, in any capacity, during their field-training period. 
7. Police officers on probation are prohibited from working secondary employment.
8. Employees shall not engage in any secondary employment during on-duty hours, which includes, but is not limited to, the sale of products, consulting, etc.
9. Supervisors shall not approve leave requests for the purpose of an employee’s secondary employment if the request would negatively impact staffing levels.

Forms

1. VCUPD-13 Secondary Employment Request
2. VCUPD-18 Overtime (OT) sheet

Revision History

This policy supersedes the following archived policies:

11/25/2013                            6-2 Overtime and Secondary Employment

4/3/2018                               6-2 Overtime and Secondary Employment