303 Employment Powers and Policy (Issued 05-15-2008)FRIDLEY POLICE DATE OF ISSUE NUMBER:
GENERAL ORDER May 15, 2008 303
SUBJECT: REVISION DATE SECTION:
Employment Powers and Policy May 15, 2008 Yellow
I. PURPOSE
To define twenty-four hour police powers within the State of Minnesota and
prescribe employment policy outside normal scheduled work hours.
II. REFERENCES
Minnesota Statutes § 609.066 Authorized Use of Deadly Force by Peace Officers
Minnesota Statutes § 624.714 Carrying of Weapons without Permit
Minnesota Statutes § 629.34 When Arrest May Be Made
Minnesota Statutes § 629.40 Allowing Arrests Anywhere in State
United States Code 18 § 926B Carrying of Concealed Firearms by Qualified Law
Enforcement Officers
III. SPECIFICS
A. Arrest Authority
Notwithstanding a specific restriction ordered by the Public Safety
Director, all sworn personnel shall have the following arrest authority
within the State of Minnesota as provided by MN statutes:
1. On-duty and off-duty full arrest authority within City of Fridley.
2. On-duty outside the City of Fridley full arrest authority when
acting in the course and scope of employment.
3. Off-duty outside the City of Fridley, limited arrest authority to
only when confronted with a situation that justifies an officers use
of deadly force in the line of duty under MN Statute 609.066.
When acting in good faith the officer will be indemnified and
defended by the State, unless the officer is acting on behalf of a
private employer.
B. Carrying of Firearms
1. Notwithstanding a specific restriction ordered by the Public Safety
Director, a sworn police officer of the department carrying the
photo identification issued by the department is authorized to carry
a firearm in the State of Minnesota, without a permit, provided the
officer is not under the influence of alcohol or another intoxicating
or hallucinatory drug or substance.
2. A sworn police officer that is not wearing the uniform of the
department shall not unnecessarily display any firearm in any
public place in a manner tending reasonably to arouse alarm in
others.
3. Notwithstanding a specific restriction ordered by the Public Safety
Director, and notwithstanding any other provision of the law of
any State or political subdivision thereof, a sworn police officer of
the department carrying the photo identification issued by the
department, is authorized to carry a concealed firearm in any other
State, without a permit, provided the officer is not the subject of
disciplinary action or under the influence of alcohol or another
intoxicating or hallucinatory drug or substance. This section shall
not be construed to supersede the rights of any private person to
prohibit or restrict the possession of concealed firearms on their
property or the laws of any federal, state or other political
subdivision to prohibit or restrict the possession of concealed
firearms on any State or local government property, installation,
building, base, or park.
C. Law Enforcement Employment Outside Normal Scheduled Work Hours
1. Notwithstanding special arrangements with another government
agency, all law enforcement employment outside normal scheduled
work hours shall be scheduled through, and paid by the City of
Fridley. Officers will be considered as on duty and subject to all
policies, rules, regulations and protection of the City of Fridley.
Officers will be under the supervision of the on-duty or special
detail supervisor.
2. Officers whose employment status is probationary may only
participate in law enforcement employment outside normal
scheduled work hours if that employment occurs within the City of
Fridley.
3. Officers in field training may not participate in law enforcement
employment outside normal scheduled work hours.
D. Non-Law Enforcement Employment
1. Some types of employment, or places of employment, constitute a
conflict of interest, security risk, or a threat to the status or dignity
of the police profession and are prohibited. In order to assess these
risks it is necessary that all police department employees inform
the Public Safety Director in writing, through their division
commander, of all employment outside the police department. If,
in the opinion of the Public Safety Director, the employment is
inconsistent with the police function, or is a detriment to individual
employee performance, the employee will be required to cease the
outside employment.
2. Some examples of prohibited employment for sworn personnel
include:
a. As a process server, repossessor, or bill collector, towing of
vehicles, or in any other employment in which police
authority might tend to be used.
b. Off-duty employment in, manage, or own business in
investigation or security.
c. Off-duty employment in case preparation for a criminal
defense, work as a bail bondsman or employment with a
company affected by a strike or lockout.
d. Off-duty employment in establishment which sell
pornographic books, magazines, sexual devices or videos,
or that otherwise provide entertainment or services of a
sexual nature.
e. Any gambling related employment.
f. Employment that may render an officer unavailable during
an emergency; physically or mentally exhaust the officer to
the point that performance may be affected.
g. Off-duty employment in, manage or own any business
subject to licensure by the City of Fridley and regulation by
the Police Department, to include liquor establishments and
pawn shops.