Rule 570-9-.06. Off-Duty Employer Responsibilities

1. (1)

   1. (a) The Department will not be responsible for a sworn member's actions if the sworn member is acting in the scope of employment for the outside employer. Except as provided in this rule, state benefits and protection, including liability insurance coverage and workers compensation benefits for related injuries and disability, will not apply while the sworn member is performing off-duty police employment.
   2. (b) If such employment is by another state department, that agency, rather than the Department of Public Safety, will be responsible for such coverage.
   3. (c) If use of the department vehicle has been approved for use in off-duty police employment in accordance with O.C.G.A. § 35-2-15, the sworn member is deemed to be acting within the scope of his/her official duties and employment and shall be afforded liability coverage for claims arising out of such approved use of the vehicle.

2. (2) Requests for employment by another state agency shall be in writing and shall conform to the requirements for Off-Duty Police Employment. In addition to the requirement stated in this policy, a release shall be provided by the sworn member which states:

   1. (a) In the event that the hours worked for the Department and another state agency result in the sworn member being eligible for overtime, the overtime shall be the responsibility of the other agency up to the maximum hours worked by the other agency, and
   2. (b) In the event the sworn member requests or becomes entitled to overtime pay as a result of working outside the Department for another agency, the outside employer or other state agency shall bear the expense or liability and must agree to such in writing.

Authority: O.C.G.A. §§ 35-2-3, 35-2-15.

History. Original Rule entitled "Techniques and Methods" was filed on November 8, 1968; effective November 27, 1968.

Amended: Rule repealed and a new Rule of same title adopted. Filed September 14, 1978; effective October 4, 1978.

Amended: Filed October 11, 1979; effective October 31, 1979.

Amended: Filed August 6, 1981; effective August 26, 1981.

Amended: Filed August 5, 1982; effective August 25, 1992.

Amended: Filed June 6, 1983; effective June 26, 1983.

Amended: Emergency Rule 570-9-0.12-.06 was filed on October 11, 1983; effective October 5, 1983, the date of adoption, to remain in effect for a period of 120 days or until the effective date of a permanent Rule covering the same subject matter superseding this Emergency Rule, as specified by the Agency. (Said Rule repealed paragraphs (1), (2), (6) and (11) and adopted new paragraphs of the same numbers.) (Said Emergency Rule expired February 2, 1984.)

Amended: Filed February 1, 1984; effective February 21, 1984.

Amended: Rule repealed. Filed September 8, 1987; effective September 28, 1987.

Repealed: New Rule entitled "Off-Duty Police Details" adopted. F. Aug. 6, 1992; eff. Aug. 26, 1992.

Repealed: New Rule entitled "Insurance and Workers Compensation" adopted. F. Feb. 2, 1995; eff. Feb. 22, 1995;

Amended: F. Nov. 22, 1999; eff. Dec. 12, 1999.

Amended: Title changed to "Off-Duty Employer Responsibilities." F. Jul. 2, 2013; eff. July 22, 2013.

Amended: F. Nov. 25, 2015; eff. Dec. 18, 2015.

Amended: F. Oct. 7, 2016; eff. Oct. 27, 2016.

Amended: F. Dec. 16, 2019; eff. Jan. 5, 2020.