Re: [txcops] Off Duty Jobs may violate honorarium law

[Guest guest]

So do we suppose this applies to FF's,EMS workers, dump truck drivers etc who

work for a municipality? Speaking for me I would be very happy not to work any

PT jobs as a FF, PM or educator, so I wonder if this lady is going to double our

pay so we don't have to?

Lee

[txcops] Off Duty Jobs may violate honorarium law

>

>

> > Connecting Texas' Best Via the Net

> > Off-duty jobs pose question of ethics ;

> > Police may violate honorarium law

> >

> > Copyright 2003 The Houston Chronicle Publishing

> > Company

> > The Houston Chronicle

> > November 01, 2003, Saturday 3 STAR EDITION

> >

> > AUSTIN - Off-duty officers who moonlight at private

> > security jobs could be violating a criminal law that

> > prohibits public servants from accepting an

> > honorarium, says an official with the state Ethics

> > Commission.

> > " You can't take a payment for a service you wouldn't

> > have been asked to provide but for your position as a

> > public servant, " said Woelk, director of

> > advisory opinions for the Ethics Commission.

> >

> > Scrutiny of off-duty security jobs has been heightened

> > since five Houston police officers were arrested in

> > July and charged in an alleged conspiracy to shake

> > down the owners of cantinas where they worked.

> >

> > On Thursday, HPD spokesman Hurst said Acting

> > Police Chief Joe Breshears is reviewing the " whole

> > issue of extra jobs " as well as the policy allowing

> > officers to work in bars.

> >

> >

> >

> > Woelk was referring to Section 36.07 of the Penal

> > Code.

> > The ethics commission, which interprets the state's

> > ethics laws, has never been asked specifically whether

> > law enforcement officers' off-duty work could be a

> > problem.

> >

> > " It's a lingering issue out there, " said Woelk.

> >

> > In 1996, the commission did issue an opinion

> > concerning whether an employee of a city police

> > department could accept a fee for performing services

> > as an expert fingerprint examiner in a Louisiana

> > criminal case. The commission determined that the

> > honorarium provision did not apply because a

> > " fingerprint expert is generally asked to perform

> > services because of his expertise and not because he

> > is employed by a particular city. "

> >

> > But Woelk said that businesses often seek out police

> > officers precisely because they are wearing a specific

> > city or county uniform.

> >

> > " I just point out that the way we've looked at the

> > honorarium law, it would give you pause if a condition

> > is you wear the city uniform while providing private

> > security, " said Woelk.

> >

> > Tom " Smitty " , executive director of Public

> > Citizens' Texas office, said the honorarium law was

> > designed to curb the practice of elected and other top

> > officials getting paid to go on vacation with interest

> > groups.

> >

> > " The honorarium law was passed in 1991 to deal with

> > the practice of legislators and others getting paid

> > relatively hefty fees for showing up at an event and

> > doing very little in the way of providing any actual

> > service, " said .

> >

> > The commission has interpreted the law to prohibit

> > lawmakers, judges and public servants from accepting a

> > fee for a speaking engagement that would not have been

> > requested but for the elected official's position.

> >

> > Another open issue is what constitutes an

> > " honorarium. " The commission has said that payments

> > for speaking and teaching are included, but has not

> > determined what other types of payments are within the

> > scope of the term.

> >

> > Charley Wilkison, political and legislative director

> > for the Combined Law Enforcement Associations of

> > Texas, said the pay earned by an officer who stands

> > outside of a grocery store watching for shoplifters

> > and parking lot crimes is " not honorarium, but actual

> > services rendered. "

> >

> > " People are sweating and working and doing the job.

> > They're an employee of that location. That's not

> > honorarium, " said Wilkison.

> >

> > Barnhill, first assistant to County

> > Attorney Stafford, said he has never heard

> > anyone make the argument that officers could be

> > violating the honorarium law.

> >

> > " Such an opinion would have major consequences all

> > across the state, " said Barnhill, adding that the

> > Legislature probably would step in to change the law.

> >

> > Even if the ethics commission did determine that

> > off-duty work violated the law, it's unlikely that any

> > prosecutor would bring charges, said Curtis,

> > general counsel for CLEAT.

> >

> > " I couldn't imagine our district attorney in Comal

> > County bringing charges against a local police officer

> > for directing traffic out of church on Sunday or being

> > at a football game on Friday night, " said Curtis.

> >

> > Houston is the largest city in the nation that allows

> > off-duty officers to work security in bars. In Texas,

> > San , Austin and Dallas do not permit the

> > practice, although Dallas allows its officers to work

> > in parking lots outside bars.

> >

> > Fisher, a lawyer in the Houston city attorney's

> > office, said he believes that more officers are

> > disciplined for incidents related to their private

> > jobs than for actions on duty.

> >

> > " It can be a problem in the sense that they frequently

> > get themselves in bad situations. We end up handling

> > the discipline, " said Fisher.

> >

> > Wilkison said off-duty work in general is a winning

> > situation for cities, businesses and officers.

> >

> > " What this really gets to the heart of, many of the

> > cities and counties are incredibly understaffed. This

> > is just another way to get at the manpower issue, " he

> > said.

> >

> > For officers, it's a way to supplement often-meager

> > public salaries.

> >

> > " Historically, peace officers in Texas and other

> > places don't make enough to feed their families, "

> > Wilkison said.

> >

> >

> >

> >

> >

> > PENAL CODE

> >

> > Violating the honorarium law is a Class A misdemeanor.

> >

> > Punishment could include up to one year in jail and a

> > $ 4,000.

> >

> > Sincerely,

> >

> > West

> > Agent I

> >

> > Texas Alcoholic Beverage Commission

> > Longview Enforcement District 12

> > 2800 Gilmer Road, Suite 4

> > Longview, TX 75604-1824

> >

> > Fax:

> >

> >

> > ---

> >