Rule 120-2-4-.04. General Provisions

1. (1) Sworn members desiring to work off-duty police employment shall arrange such employment with the understanding that all matters related to the off-duty police employment shall be conducted at a time when the sworn member is not on duty.
2. (2) No scheduling, arranging employment, replacements, delivering paychecks, or any other off-duty police employment-related matters shall be performed while the sworn member is on duty with the Office of Commissioner of Insurance and Safety Fire; provided, however, that for off-duty police employment for which the sworn member receives his pay through the Department, the prohibition against the delivery of paychecks shall not apply.
3. (3) Sworn members are prohibited from leaving their assigned duty work zone for the purpose of off-duty police employment.
4. (4) Sworn members are prohibited from visiting off-duty work sites while on regularly assigned patrol shifts.
5. (5) Sworn members are prohibited from adjusting work schedules in order to accommodate off-duty police employment opportunities except when personally approved by the Special Agent in Charge or immediate supervisor.
6. (6) Sworn members working off-duty police employment shall be governed by OCI-CID Policy regarding outside employment.
7. (7) Off-duty police employment is prohibited with a private employer when the employer is involved in a labor strike. In cases where a private employer becomes involved in a labor strike subsequent to approval by the Commissioner, the approval shall be considered immediately withdrawn.
8. (8) All law enforcement decisions will be made by the sworn member and not by the off-duty police employer.
9. (9) Use of a department vehicle for off-duty police employment requires written approval in advance by the Commissioner, or his designee and the vehicle shall be used only in the manner and for the purpose approved.
10. (10) A sworn member may work a maximum of 64 hours of employment per workweek, whether the work is exclusively regular duty hours, or exclusively off-duty police employment, or a combination of regular duty hours and off-duty police employment. A maximum of 72 hours during one week may be approved by a sworn member's immediate supervisor. The Director has authority to determine that an overage of the 64 hours was unavoidable. Any deliberate omission or misrepresentation by the sworn member of hours worked on off-duty police employment shall result in disciplinary action, up to and including termination of employment. Exceptions will be made in the event of a riot, natural disaster, emergency situation, or other exigent circumstances, as determined by the Commissioner. A sworn member working off-duty police employment shall provide a minimum of six hours for rest between off-duty employment and regular on-duty assignments.
11. (11) A sworn member engaged in off-duty police employment is expected to take appropriate law enforcement action when a serious violation or life-threatening situation occurs (such as the commission of a felony). A sworn member responding under these conditions is considered "on-duty" and shall be afforded all protection consistent with the position of a sworn member. Law enforcement decisions must be made in accordance with Office of Commissioner of Insurance and Safety Fire policies, procedures, training, rules and regulations.
12. (12) The off-duty police employer may make general assignment of duties but, has no authority to control law enforcement activities of sworn members. Sworn members engaged in off-duty police employment will be subject to the same policies, rules and regulations as on-duty sworn member. While wearing any uniform of the Office of Commissioner of Insurance and Safety Fire, sworn members shall conduct themselves as professional law enforcement officers and are held to the same high standard and code of conduct as while on duty.

13. (13) The following rules apply to the use of state equipment in the course of Off-Duty Police Employment:

    1. (a) When off-duty police employment is approved, the sworn member shall wear the Office of Commissioner of Insurance and Safety Fire, to include body armor, and may use Office of Commissioner of Insurance and Safety Fire equipment issued to the sworn member.
    2. (b) Sworn members are permitted to use the department vehicle as authorized by O.C.G.A. § 33-2-8, in the manner and for the purpose approved by the Commissioner prior to the use of the vehicle, and only in accordance with the Commissioner's policies and procedures.
    3. (c) The Commissioner may require reimbursement for the use of the vehicle by the off-duty employer pursuant to a Department-approved, written agreement between the Department and the off-duty police employer. The Commissioner's determination shall be made before the off-duty employment begins. The off-duty employer shall be responsible for furnishing lodging and meals to the sworn member if the assignment requires an overnight stay.
14. (14) A sworn member engaged in an off-duty police employment assignment must be available to be recalled to on-duty status. Notice of this requirement shall be given to the employer in accordance with departmental policy.

15. (15) Large off-duty police details shall require sufficient sworn off-duty Office of Commissioner of Insurance and Safety Fire, Criminal Investigations Division supervisors to supervise the detail. The Office of Commissioner of Insurance and Safety Fire, Criminal Investigations Division standard for supervisors requires the following, unless an exception is approved in advance by the Commissioner or his designee:

    1. (a) One (1) Special Agent 3 is required for every 6 sworn employees assigned to a large off-duty police detail.
    2. (b) One (1) Supervisory Special Agent or Special Agent in Charge is required for every two (2) Special Agent 3s assigned to supervise a large off-duty police detail.
16. (16) Sworn members who have an agreement with a property owner or manager to pay a reduced amount of rent or no rent for merely residing at an apartment complex, house, or mobile home park are considered to be engaged in off-duty police employment.
17. (17) If any type of regularly scheduled service such as security checks are part of the agreement, sworn members are considered to be engaged in off-duty police employment. Each member with such an agreement, either written or oral, shall request approval as stated in this chapter.
18. (18) The request for off-duty police employment in a rental agreement situation must clearly state the conditions of the agreement.

Authority: O.C.G.A. §§ 33-2-8, 33-2-9.

History. Original Rule entitled "Required or Approved Study Material for Meeting Requirements for License Examinations" was filed and effective on July 20, 1965.

Amended: Rule repealed and a new Rule entitled "Schedule of License Examinations" adopted. Filed May 21, 1982; effective June 10, 1982.

Repealed: New Rule same title, adopted. F. Jun. 25, 1991; eff. July 15, 1991.

Repealed: F. Sept. 10, 1992; eff. Sept. 30, 1992.

Adopted: New Rule entitled "General Provisions." F. July 9, 2025; eff. July 29, 2025.