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 When an entity or organization is planning a community event, it
is sometimes determined that there needs to be security or a
consistent police presence at the event. The organization may then
contact the Lincoln Police Department to fill this need. Adams
explained the opportunity to do a security detail is then open to
any police officer who is not scheduled for a regular shift during
that period.
The officer who takes the detail is then hired by the entity. The
officer is paid directly by that organization at a rate of $30 per
hour. At the time of the event though he or she is technically off
duty, the officer is present in a city department uniform and
wearing city department equipment and weapons. Those in attendance
at the event see the officer as a law enforcement official, even
though he or she is officially off duty.
Adams said that there were issues with this type of arrangement that
came to light recently when one of the off duty officers was
injured. Though the officer was acting as a police officer enforcing
the law at the time of the injury, he was not on the city time
clock, and getting worker’s compensation benefits for the injury
became an issue for the officer as well as the city.
 Adam’s said this situation prompted him to talk to other city
departments and see how they handle requests for added security or
police presence. What he found is that by-and-large, other
departments act as the employer for the officer, and the entity
requesting the security detail pays the city department for the
service. The detail is still offered only to officers who are not
scheduled for a regular shift, and the officers are paid overtime by
the city to perform the service.
Adams said he learned that most city departments charge the entity
seeking the service an amount equal to the overtime rate for its
highest paid officer. The city collects the money and pays the
officer based on his or her actual rate of pay. Based on that
formula, he said for the city of Lincoln the highest pay rate would
be $47.31.
Adams also noted, he had contacted the Fraternal Order of Police,
and they agreed that hiring security through the police department
was the generally accepted practice.
When the topic was turned over to the aldermen for discussion, Jonie
Tibbs said her first response was that the city should not get
involved in this. She noted that the entity holding the event should
have insurance, and the officer should be covered by that insurance.
City Administrator Clay Johnson said that when the topic was first
brought to him he felt the same way. He said his initial thought was
“leave us out of this.” However, upon further consideration he
realized that for a trained officer of the law, this can get
complicated. He noted that police officers are always police
officers on duty or off duty. If a situation arises where an officer
has to act as law enforcement at an event, then the city is
automatically involved.
Michelle Bauer asked for clarificaton that when the off-duty officer
is at an event, he or she is wearing a Lincoln Police uniform and
carrying equipment and weapons owned by the city? Adams confirmed
that to be correct. She said then if the city were to consider this
detail as off duty with no obligation to the officer, then the
officer would not wear a uniform and would need to provide his or
her own weapon. It was also noted that technically if the city is not involved in
the detail, the officer is acting as a citizen. Ultimately then, if
an issue would arise the officer would not have authority to act as
law enforcement. The officer would be have to call for law
enforcement, which, in the long run, defeats the purpose of having
an officer on site in the first place. Assistant Fire Chief Bob
Dunosky was in attendance for Chief Mark Miller. He said that as an
example, police are present at the Lincoln High School during
sporting events. He said that having the officer in uniform helps to
maintain a calm atmosphere and that it is the presence of the
uniform that does that.
Adams was asked how often an off-duty officer at an event had to
respond to a situation at a public event. Adams said it happened a
great deal, and that is when it becomes sticky if something happens
to the officer. He told the council that with the way this is being
managed now, the city is leaving itself wide open for lawsuits that
will involve the officer, worker’s compensation, and the city.
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Mayor Scott Cooper said he believed this was something the city had to do. For
him, the question was how the city was going to charge the entity that wants the
service. He noted that currently the officer is paid $30 per hour by the entity.
The city could maintain that rate, it could raise the rate to something
comparable to the highest paid officer hourly rate, or it could set the rate
higher, which would offset some of the other costs including payroll benefits
and worker’s compensation.
Cooper added that he would not be opposed to keeping a lower rate because it
shows that the city is supportive of community events.
Steve Parrott asked who decides how many officers would be needed for an event.
Adams said the department would consider the event and determine how many
officers were needed. The entity hiring the officers would then have two
options, go with the department recommendation, or seek out another alternative.
Returning to the topic of what to charge, Jeff Hoinacki said he would recommend
the city charge $43 per hour per officer. Tibbs said she didn’t feel that was
enough, $50 would be better. Parrott commented that with $50 the city would
cover all the costs of the employee. Others felt that the $50 rate was too much.
It was also noted that the city needed to remember that some of these
organizations have tight budgets and have already budgeted $30 an hour for
off-duty officers. Raising the rate now would put a hardship on those budgets.
Mention was made specifically of the Logan County Fair and how raising the rate
now for an event happening in two weeks could be a problem for the fair board.
Parrott suggested the city could start with the lower rate, but make it clear
that it planned to raise the rate later.
Marty Neitzel said she felt the city should charge $47. The cost of the highest
paid officer. She noted that the city should not lose money on the venture.
Hoinacki and Tibbs both said they would agree with $47.
It was also suggested that the city make this change effective for September 1st
of this year. By doing so, the fair specifically would be over, so the fair
budget would be protected. The fair would also pay the officers directly.
In the end, it was determined that the city would bring this to a vote at a rate
of $47, to be effective September 1st. Documents will have to be prepared that
include a police service agreement and a description of services offered through
that agreement. Johnson said there should also be a clause about relieving the
city of any general liability at the event.
This item is expected to appear on the voting agenda for Monday, July 20th. As
is always the case, the council has the right to table an item to a future date
if it feels it is not prepared to vote on the matter.
[Nila Smith]
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