MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Appropriations
By: Representative Anderson
AN ACT TO REQUIRE THE COMMISSIONER OF THE MISSISSIPPI DEPARTMENT OF PUBLIC SAFETY TO ALLOW PERSONNEL EMPLOYED WITH THE DIVISION OF THE MISSISSIPPI HIGHWAY SAFETY PATROL IN THE CAPACITY AS A HIGHWAY SAFETY PATROL OFFICER TO ENGAGE IN NONGOVERNMENTAL SECONDARY EMPLOYMENT; TO REQUIRE THE COMMISSIONER TO EVALUATE SECONDARY EMPLOYMENT REQUESTS; TO PRESCRIBE THE CRITERIA TO BE USED BY THE COMMISSIONER IN DETERMINING THE APPROVAL OR DENIAL OF SUCH REQUESTS; TO PROHIBIT CERTAIN TYPES OF NONGOVERNMENTAL SECONDARY EMPLOYMENT; TO DEFINE TERMINOLOGY USED IN THE ACT; TO PRESCRIBE THE DUTIES OF THE DEPARTMENT OF PUBLIC SAFETY AND THE COMMISSIONER REGARDING THE ADMINISTRATION OF POLICIES AFFECTING THE NONGOVERNMENTAL SECONDARY EMPLOYMENT OF MEMBERS OF THE HIGHWAY SAFETY PATROL; TO STIPULATE THE PROCEDURES TO FOLLOWED BY MEMBERS AND PRIVATE ENTITIES SUBMITTING REQUEST FOR SECONDARY EMPLOYMENT; TO PROHIBIT MEMBERS FROM USING DEPARTMENT ISSUED RESOURCES IN THE PERFORMANCE OF APPROVED SECONDARY EMPLOYMENT RESPONSIBILITIES; TO PRESCRIBE THE CONDITIONS UNDER WHICH APPROVAL MAY BE RESCINDED; TO AMEND SECTIONS 45-3-19 AND 45-3-39, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PRECEDING PROVISIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) The Commissioner of the Mississippi Department of Public Safety shall allow personnel employed with the division of the Mississippi Highway Safety Patrol in the capacity as a highway safety patrol officer to engage in nongovernmental secondary employment that does not conflict with primary job assignments or obligations to the department, and that does not discredit or embarrass the agency or diminish public confidence in law enforcement or in the department's commitment to integrity. The commissioner shall evaluate secondary employment requests in accordance with the provisions of this act in order to ensure that all such employment does not constitute a conflict of interest.
(2) (a) Decisions regarding approval or denial of off-duty employment requests or the approval or denial of private sector off-duty employment requests to work other secondary employment, shall be rendered by the commissioner, who shall determine whether such secondary employment:
(i) Constitutes a conflict of interest, as provided by law;
(ii) Interferes with a member's primary duties as a state employee of the Mississippi Highway Safety Patrol; or
(iii) Involves delivery of labor or other services in direct or indirect support of agencies engaged in debt collection or repossession of property, wrecker companies, bail bonding companies, private investigation services, paralegal services or any event that would involve any activity that would be considered adult entertainment.
(b) (i) Any type of employment that would require a member to testify in a court of law in opposition to another law enforcement agency, such as case preparation for the defense or plaintiff in any criminal or civil action or proceeding is prohibited; and
(ii) Any type of employment at establishments or businesses which sell alcoholic beverages for on-site consumption as a regular and primary part of the business enterprise is prohibited, unless a determination is made by the commissioner that the sale and consumption of alcoholic beverages are incidental to the primary function or purpose of the enterprise, such as sports facilities and civic centers.
SECTION 2. For purpose of this act, the following terms shall have the meanings ascribed in this section, unless the context of use indicates otherwise:
(a) "Off-duty employment" means any secondary nongovernmental employment undertaken while in an off-duty status which does not entail the use or implied use of police authority. Off-duty employment provides no real or potential law enforcement service, and vested police powers are not a condition of employment.
(b) "Police authority" means the exercise of general police powers or the performance of those duties and responsibilities delegated to the Mississippi Highway Safety Patrol, pursuant to the provisions of Chapter 3, Title 45, Mississippi Code of 1972.
(c) "Private sector off-duty police employment" means off-duty police employment that is undertaken on behalf of any private sector entity to whom services are delivered and from whom payment for such services are remitted.
(d) "Secondary employment" means employment with any entity other than the Mississippi Department of Public Safety.
(e) "Commissioner" means the Commissioner of the Department of Public Safety.
(f) "Department" means the Department of Public Safety.
(g) "Member" means an individual employed by the division of the Mississippi Highway Safety Patrol in the capacity as a highway safety patrol officer.
SECTION 3. (1) The department shall:
(a) Formulate and disseminate procedures relating to submission and processing of requests to engage in secondary employment;
(b) Delineate reporting requirements pertaining to persons who participate in secondary employment activities; and
(c) Promulgate regulations governing secondary employment.
(2) The commissioner in overseeing the administration of the department's secondary employment program shall:
(a) Receive, review and approve, deny or rescind requests submitted by members of the highway safety patrol to engage in secondary employment;
(b) Arrange for compilation, review, processing, filing, retrieval and dissemination of secondary employment requests and reports; and
(c) Make reasonable inquiries of members of the highway safety patrol submitting secondary employment requests to ensure that the continued outside employment does not constitute a conflict of interest or interfere with the member's primary duties in the Mississippi Highway Safety Patrol.
(3) Any member of the highway safety patrol who desires to seek private sector off-duty employment must provide prior written notification to his or her troop commander or to the chief of patrol, for review and submission to the commissioner for final review and decision making.
(4) Any member of the highway safety patrol who desires to seek private sector police employment during off-duty hours or leave periods must obtain prior, written approval from the commissioner. Requests to work private sector police employment shall be using a Request to Work Secondary Police Employment form developed by the department. Procedures to be followed in a members seeking private sector police employment, shall:
(a) Require the requesting member to provide a copy of the completed and approved Request to Work Secondary Police Employment form to the troop commander over the troop having jurisdiction in the locale where the member desires to work private sector police employment;
(b) Require the troop commander over the troop having jurisdiction in the locale where the private sector police employment is to be worked by a member of the highway safety patrol to provide an acknowledgement of receipt of the Request to Work Secondary Police Employment form.
(c) Require approval to be obtained before the member begins any such work.
(d) Prohibit the use of any uniform, vehicle, firearm, material or other equipment of the Mississippi Highway Safety Patrol for use in any nongovernmental secondary employment or private sector police employment as prescribed under the provisions of Section 45-3-39.
SECTION 4. Private individuals or corporations desiring to employ members of the highway safety patrol for off-duty police employment shall submit a Request for Off-Duty Police Services to the troop commander of the troop having jurisdiction in the locale where the actual delivery of services will take place. The request shall, at a minimum include:
(a) The legal name of the individual or corporation. If a corporation, the request must also include the legal name of the person representing the corporation who has the authority to hire highway safety patrol members;
(b) The address of the employer and the address where the off-duty work will be conducted if different from the employer's address;
(c) Contact telephone numbers for appropriate representatives of the employer;
(d) Specific and detailed information regarding the type of business the employer is engaged in and the activities that will be occurring during the time the member engaged in secondary employment is present;
(e) Specific and detailed information regarding the duties and responsibilities that will be expected from the members of the highway safety patrol;
(f) The starting date and ending date of the detail for employment of the member or a notation that the employment is on-going with no foreseeable end;
(g) A statement of whether the employer will be providing the member with firearms for use in the performance of employment duties, or allow the member to use his or her personal, non-state-issued firearm;
(h) An acknowledgement that upon request all records, written or electronic related to the employment of the member shall be made available, without unreasonable delay, to any troop commander, the chief patrol officer or the commissioner when such request is made for official purposes. The acknowledgement must include any video and audio recording that may exist which document the member's activities while working for the nongovernmental employer; and
(i) Approval of any Request for Off-Duty Police Services may be granted for a continuous period or until the job is terminated or approval is rescinded.
SECTION 5. Approval for secondary employment may be rescinded upon the discovery of any conflict of interest or any violation of the conditions for approval, when the employment interferes with the member's primary duties as a member of the highway safety patrol or if the disciplinary standards of the department are violated. The rescinding of authorization for secondary employment does not constitute a disciplinary infraction, and any decision regarding retraction of such privileges shall rest with the approving authority, who shall provide written notification of such revocation to the member.
SECTION 6. Section 45-3-19, Mississippi Code of 1972, is amended as follows:
45-3-19. (1) The commissioner shall have authority, with the approval of the Governor, to make needful and proper rules and regulations governing the proper discipline of the members of the patrol, of selecting, designing and effecting an appropriate uniform therefor, and prescribing outfits and equipment and supplies necessary and proper to carry out the objects of this chapter. The commissioner shall provide the same as well as such weapons, vehicles and equipment as shall be necessary and proper and shall be responsible therefor. The commissioner, with the approval of the Governor, shall, from time to time, establish headquarters and substations, as he shall deem it advisable for the objects and purposes of such an organization and for the enforcement of the laws, rules and regulations hereinabove provided, and to that end he may, with the approval of the Governor, acquire the right to use lands and buildings for the accommodation of members of said organization and properties and equipment.
(2) The commissioner shall have authority to effectively administer the provisions of Section 1 through 5 of this act, as that authority relates to the authority granted to members of the highway safety patrol to engage in nongovernmental secondary employment.
SECTION 7. Section 45-3-39, Mississippi Code of 1972, is amended as follows:
45-3-39. No state officer or other person shall utilize at any time any uniform, car, material or equipment of the Mississippi Highway Safety Patrol for his personal use, for approved nongovernmental secondary employment or for private purposes except in an emergency, and except to the extent authorized by Section 25-1-85, Mississippi Code of 1972. A breach of this provision shall constitute a misdemeanor punishable by a fine not to exceed One Hundred Dollars ($100.00), or thirty (30) days in jail, or both. Nothing in this section, however, shall be construed to apply to the Governor or Lieutenant Governor of the State of Mississippi.
SECTION 8. This act shall take effect and be in force from and after July 1, 2015.