Chapter 8.16

SECONDARY EMPLOYMENT APPROVAL

Sections:

• 8.16.010 Secondary employment approval. 8.16.020 Secondary employment approval application.

• 8.16.030 Investigation and determination.

• 8.16.040 Grounds for approval.

• 8.16.050 Grounds for suspension or revocation of approval.

• 8.16.060 Suspension or revocation of approval.

• 8.16.070 Secondary employment approval conditions.

• 8.16.080 Approval term and renewal.

• 8.16.090 Secondary employment approval fee.

No person shall retain, employ, or contract with San José Police Officers or Reserve Officers for the purpose of providing any uniformed or nonuniformed security, patrol, private investigation or surveillance, traffic control, bodyguard, or other law enforcement related or security related services without first receiving approval as a secondary employer from the chief of police. (Ord. 25363.)

• A. Applications for a secondary employment approval shall contain or be accompanied by all of the following:

  1. The name of the secondary employer.

  2. The business address and all telephone numbers of the secondary employer, and the address of the secondary employment work-site.

  3. The names, telephone number, and business office address of the hiring manager,

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or other officer, agent or employee of the secondary employer who is responsible for hiring and dismissing employees, including the police officers or reserve officers.

4. A complete description of:

   • a. The type of business;

   • b. The business activities conducted at the work site; and

   • c. The duties to be performed by the off-duty officer or reserve officer.

5. A copy of any written business policy or employee conduct policies and a copy of any employment related contracts to be signed by the officer.

6. Such information and documentation as the chief of police considers necessary to determine that the secondary employer is operating in compliance with applicable provisions of this Code or any other applicable local, state or federal law or regulation.

7. Authorization for the chief of police to seek the information and documentation that the chief considers necessary for a complete investigation, including, but not limited to inspection of the premises of the business for the purpose of assuring that the premises are in compliance with the requirements of applicable provisions of this Code or any other applicable local, state or federal law or regulation.

• B. An application shall not be deemed complete until all the information required in subsection A. has been provided to the chief of police and the required secondary employment fee and any applicable business tax required pursuant to Chapter 4.76 of the Code have been paid.

• (Ord. 25363.)

• A. Upon receiving the completed application, the chief of police shall conduct such investiga-

tion of the information required in Section 8.16.020 as the chief considers necessary to verify the information provided on the application and to determine that the secondary employer is operating in compliance with applicable provisions of this Code or any other applicable local, state or federal law or regulation.

• B. The chief of police shall make a determination on the application for a secondary employment approval within a reasonable period of time after the applicant has submitted a completed application.

• (Ord. 25363.)

The chief of police shall approve an application for a secondary employment approval only if the chief of police determines that:

• A. The secondary employment is compatible with off-duty officer or reserve officer status with the police department;

• B. The secondary employment is operated in compliance with the requirements of the Private Investigator Act, California Business and Professions Code Section 7512 et seq., and the Private Security Services Act, California Business and Professions Code Section 7580 et seq., and applicable provisions of this Code or any other applicable local, state or federal law or regulation;

• C. The secondary employment complies with all the requirements of police department policy governing secondary employment; and

• D. The secondary employer has not in the past failed to meet all the terms and conditions set by the chief of police on any secondary employment approval.

• (Ord. 25363.)

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§ 8.16.050

A secondary employment approval issued pursuant to this chapter may be suspended or revoked by the chief of police upon any of the following grounds:

• A. The secondary employer is not operating the business in compliance with the requirements of applicable provisions of this Code or any other applicable local, state or federal law or regulation.

• B. The secondary employer does not comply with all the requirements of police department policy governing secondary employment.

• C. The secondary employer has failed to meet all the terms and conditions set by the chief of police on the secondary employment approval.

• D. Continuation of the secondary employment is not in the best interest of the police department or the city.

• (Ord. 25363.)

• A. If it appears at any time that good cause may exist for the chief of police to suspend or revoke an existing secondary employment approval, the chief of police shall provide the secondary employer with the opportunity for a hearing before the chief of police to show cause why the secondary employment approval should not be suspended or revoked.

• B. The secondary employer shall be given ten days from the date of mailing of the notice of suspension or revocation to request a show cause hearing before the chief of police.

• C. The chief of police shall schedule the hearing within thirty days after receipt of the request for a show cause hearing. The chief of police shall mail notice of the time, place and date of the hearing to the secondary employer at least fifteen days prior to the date of the hearing.

• D. Technical rules of evidence shall not apply to the show cause hearing.

• E. If the chief of police, on the basis of substantial evidence presented at the show cause hearing, finds good cause therefor, the chief of police may suspend or revoke the secondary employer approval.

• F. The decision of the chief of police is final. (Ord. 25363.)

The following terms and conditions shall apply to secondary employment approvals:

• A. The secondary employer shall maintain records of each officer's hours of work in a format to be approved by the chief of police and shall make those records available for review by the chief of police during business hours.

• B. The secondary employer shall authorize inspection of the business premises during business hours, or when the officer is actually working at the work site, including, but not limited to inspection of the premises of the business and the worksite of the off-duty officer or reserve officer for the purpose of assuring that the premises and the business are in compliance with the terms and conditions of the approval and with the requirements of applicable provisions of this Code or any other applicable local, state or federal law or regulation.

• C. The secondary employer shall meet the following indemnification requirements:

  1. The terms of the indemnification shall be as follows:

     • a. The secondary employer shall indemnify and hold harmless the city, its officers and employees, from any and all damages, costs, attorneys' fees, expenses, losses or liabilities, arising out of the private security services performed by off-duty San José

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police officers or San José reserve police officers for the secondary employer.

  - b. The indemnity shall commence at the time and on the date the part-time employment of the off-duty San José police officers or the San José reserve police officers by the secondary employer begins, and shall extend for the actual times and dates of such employment. Contracts between the secondary employer and the off-duty San José police officers or the San José reserve officers, written or oral, of all durations are covered under this indemnification to the extent the private security services are provided by the off-duty San José police officers or San José reserve police officers for the secondary employer. 

  - c. For purposes of this section, the term "private security services" includes any of the following services provided in plain clothes or in San José police department uniform as part of an off-duty, part-time engagement with a private person or public agency: private security guard, patrolperson, private investigation or surveillance, traffic control, bodyguard or other security or law enforcement related services. 

• D. The chief of police is authorized to impose any other terms and conditions on a secondary employment approval that the chief determines are necessary in order to insure that the secondary employment does not conflict with city employment.

• (Ords. 25363, 25578.)

• A. The term of the secondary employment approval shall expire two years from the date of issuance.

• B. An application for renewal of the approval, together with the secondary employment approval fee, shall be filed with the chief of police prior to the expiration date of the current approval.

• C. No renewal shall be issued unless the secondary employer meets all of the requirements of this chapter.

• D. If an application for renewal is not filed, or the secondary employment approval fee is not paid in full, prior to the expiration date of the approval, the approval shall be deemed suspended until such time as the application for renewal is filed, the secondary employment approval fee, and such penalties and interest as are set forth in the schedule of fees established by resolution of council, are paid and a new approval has been issued.

• (Ord. 25363.)

• A. The secondary employment approval fee shall be paid annually as set forth by the schedule of fees established by council resolution.

• B. The following shall be exempt from payment of the secondary employment approval fee:

  1. Persons or organizations using city owned or controlled facilities, including, but not limited to, the Convention Center, the Center for Performing Arts, the Montgomery Theater, the Civic Auditorium Complex, the Arena, the Repertory Theater, city park facilities, and at outdoor public property owned or controlled by the city; and

  2. Persons or organizations required either by city contract or by city permit or license to contract with or employ San José police officers or reserve officers as traffic controllers or private security guards.

(Ords. 25363, 25578.)

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