City of Scranton, PA Article II Extra-Duty Work Performed by Police Officers

[Adopted 7-9-1997 by Ord. No. 49-1997[1]]

[1] Editor's Note: This ordinance was vetoed by the Mayor 7-19-1997, and said veto was overridden by the City Council 7-23-1997 by a vote of five to zero.

§ 105-4 Definitions and interpretation.

The following words, when used in this article, shall have the meanings ascribed to them in this section, except in those instances where the context clearly indicates otherwise. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular number; words in the singular shall include the plural; and words in the masculine shall include the feminine and the neuter.

CITY

The City of Scranton.

EXTRA-DUTY DETAIL

Any assignment of police officers that has been requested by a private citizen or organization for the purpose of maintaining public order, supervision of persons attending an activity or traffic control and pedestrian safety.

PERSON

Any natural person, partnership, firm, association or corporation.

SUPERINTENDENT

The Superintendent of Police.

§ 105-5 Police services supplied.

A. Where, in the conduct or operation of supermarkets, shopping centers, private parking areas, tournaments, concerts, exhibitions and other events or public assemblages, there are assembled large numbers of persons, the Superintendent may, upon request by any person and payment to the City of the sums hereinafter specified, supply the number of police officers he deems necessary to properly supervise and police said activity in order to maintain public order, the safe and speedy conduct of traffic on the highways and in, into and out of parking areas and for the protection of property and the supervision of persons, customers and patrons attending said activity.

B. Any person requesting the services as described in Subsection A shall provide the following information at least five days before an event is scheduled to be conducted:

(1) The date services shall be required;

(2) The anticipated hours of operation;

(3) The type of event being conducted; and

(4) The number of people expected to attend, where applicable.

§ 105-6 Terms and conditions of payment for services.

Any persons requesting services provided for herein shall pay the City the base pay per hour of a second-year patrolman's pay (currently $15.54 per hour) plus an administrative fee of $5 an hour, regardless of the rank of the police officer providing the services. Said payment shall be made prior to the time the police services are required. Payment shall be made payable to the City of Scranton and be forwarded to the City Treasurer's office. Payment shall not be made to any individual police officer.

§ 105-7 Assignment of police officers.

A. The Superintendent shall keep an accurate record of all regular and other police officers who desire to participate in extra-duty detail in addition to their regular duty. The Superintendent shall assign this police extra-duty detail to those officers who desire this additional service in an equitable manner.

B. Extra-duty detail shall not interfere with regular-duty performance. No officer shall be permitted to work more than 16 consecutive hours at any time. Said 16 hours include both regular-duty and extra-duty hours.

C. Police officers shall comply with all Bureau rules and regulations while engaged in any extra-duty assignments.

D. Police officers shall not engage in extra-duty police-related employment that involves selling alcohol in public bars. This does not preclude police-related employment in an establishment that serves alcoholic beverages.

E. No police officer shall station himself at, by or near any area in which a public event or private event is to be conducted for the purpose of providing security services, crowd control, traffic control or pedestrian safety unless he has been directed to do so by the Superintendent of Police.

F. Restrictions; uniform.

(1) Police officers may engage in off-duty employment, provided that:

(a) It is of a non-police nature in which vested police powers are not a condition of employment;

(b) The work provides no real or implied enforcement service to the employer; and

(c) The work is not performed during assigned hours of duty.

(2) Police officers shall not wear a Scranton City police officer's uniform, or any part thereof, while engaged in the off-duty employment referred to in this subsection.

G. Police officers may not engage in off-duty employment which presents a potential conflict of interest between the duties of a police officer and the duties for the off-duty employer. Examples of potential conflict of interest employment include, but shall not be limited to:

(1) Any employment in which police authority might tend to be used to collect money or merchandise for private purposes.

(2) Personnel investigations for the private sector or any employment which might require the police officer to have access to police information, files, records or services as a condition of employment, whether explicit or implied.

(3) Employment which assists, in any manner, in the case preparation in any criminal or civil action or proceeding.

(4) Employment for a business experiencing a labor strike or a labor group that is on strike.

§ 105-8 Coordination with licensing bureaus within City.

Prior to assigning police officers to extra-duty assignments, the Superintendent shall determine whether all necessary City permits have been obtained for the activity which shall be held. No police officers shall be assigned to any activity for which proper permits have not been obtained.

§ 105-9 Failure to comply with regulations.

If any person shall fail, refuse or neglect to comply with the provisions of this article, or any rules or regulations, or any reasonable orders or directions of a City representative in reference thereto, the City may refuse to issue further permits to such person until such conditions or orders are complied with.

§ 105-10 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of no less than $200 and no more than $600 and, in default of payment, to imprisonment for a term not to exceed 90 days. Every day that a violation of this article continues shall constitute a separate offense.