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During 1991 petitioner, after receiving permission from the
Department to do so, provided off-duty police-type services to
Presbyterian Hospital of Dallas, Northpark Mall, and the Parking
Company of America (the companies). Petitioner voluntarily
accepted off-duty employment with these companies; he was not
obligated to do so as a Dallas police officer. The Department
did not direct him to accept such employment, and would not have
disciplined him if he chose not to do so. He could quit working
for, or be terminated by, these companies at any time.
Petitioner's off-duty work schedules were based upon the needs of
3(...continued)
with the officer's assigned duties; the officer's attendance and
productivity records; the frequency of complaints against the
officer; whether the place of work is frequented by felons;
whether the nature of the work would bring discredit to the
Department; and whether the off-duty employment is political,
morally questionable, involves religious issues, conflicts with
police objectives, or is detrimental to the Department.
Permission for off-duty employment is normally denied if,
for example, the officer is in training; the work is outside of
Dallas city limits; the officer is on limited duty status; the
principal business of the company involves the dispensing of
alcoholic beverages; the officer's supervisor determines the work
would limit the officer's effectiveness in discharging his
official duties; the work involves collecting bills or checks;
the work involves domestic difficulties; the work is for an
entity or company engaged in a labor dispute or political
controversy such that the officer's employment may be considered
an endorsement or condemnation by the Department of a position of
either party in a controversy; the work is for a public utility
corporation holding a franchise from the city; or the work
involves surveillance for a private security company,
investigative agency, or an individual. The Department may
terminate its approval of an officer's off-duty employment if any
of these conditions arise after the fact.
If an officer fails to comply with the provisions of the
general orders, his or her supervisor may deny, suspend, or
restrict the off-duty employment privileges of the officer.
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