Moonlighting Police 9_18_2016

Policing Issues: Cops Policing Issues: Cops that Moonlightthat Moonlight

Dr. Perry Lyle, PhDDr. Perry Lyle, PhDColumbia CollegeColumbia College

2016 2016 (Study conducted (Study conducted 2015)2015)

Problem Statement There are over 14,800 police and sheriff departments in the United States,

employing approximately 780,000 sworn officers—those with arrest powers (Reaves, 2011). Many of these officers engage in secondary employment, commonly referred to as moonlighting, to earn extra income in a profession that has been known for inadequate wages.

Even progressive departments might not adequately regulate moonlighting activities. The problem is that fatigue, stress, and job burnout can result from excessive hours worked, and moonlighting, if not properly regulated, can exacerbate the problem.

Studies have linked stress and burnout with lack of sleep and emotional exhaustion. Stress and burnout are associated with poor response times and inability to focus on tasks.

ContinuedContinued Up to 32% of police are injured due to accidents on the job.

Being awake for 19 hours is tantamount to having a blood alcohol concentration (BAC) of over .05, and in most states .08 is the legal standard for driving while impaired. At 24 hours of being awake, the equivalent BAC doubles to .10 (Vila, 2009).

Secondary employment activities for police officers may have significant negative outcomes both for the police officer as well as for his/her employer (McCarty & Skogan, W., 2012). The central problem exists in the unfettered access for unregulated hours worked beyond normal duties that may induce sleep deprivation, physical and emotional exhaustion.

The phrase of ‘moonlighting’ appeared in the early 1950 representing people who worked second jobs for income. Working evenings by the light of the moon became a catch phrase.

What Dr. Lyle’s Study Revealed The research study utilized the Strain and Maslow’s Need Satisfaction

theoretical foundations to underpin the research. The sample for the descriptive research employed participation from six law enforcement agencies in the North Central Region and the Southeast Regions of the U. S. Full time sworn law enforcement officers (n=199) between the ages of 18-65 with rank of police officer to Lieutenant were tested utilizing the Operational and Organizational Police Stress Tests and the Maslach Burnout Inventory (MBI-GS).

Research QuestionsThe study was based on five research questions and related hypotheses. Hypotheses are stated below in both

null and alternative form.

RQ1: How does secondary employment by police officers affect occupational stress and burnout? H1o: Secondary employment has no statistically significant effect on occupational stress and burnout. H1a: Secondary employment has a statistically significant effect on occupational stress and burnout.RQ2: How do secondary employment polices affect the incidence of occupational stress, burnout, and legal

liability? H2o: Secondary employment policies have no statistically significant effect on occupational stress,

burnout, and legal liability. H2a: Secondary employment policies have a statistically significant effect on occupational stress, burnout,

and legal liability.

ContinuedContinuedRQ3: How do age, gender, and years of experience affect organizational stress? H3o: Age, gender, and years of experience have no statistically significant effect on organizational stress. H3a: Age, gender, and years of experience have a statistically significant effect on organizational stress.RQ4: How do age, gender, and years of experience affect operational stress? H4o: Age, gender, and years of experience have no statistically significant effect on operational stress. H4a: Age, gender, and years of experience have a statistically significant effect on operational stress.RQ5: How do age, gender, and years of experience affect job burnout? H5o: Age, gender, and years of experience have no statistically significant effect on job burnout. H5a: Age, gender, and years of experience have a statistically significant effect on job burnout. Three subscale variables where employed to examine relationships of officers based on age, gender and years of experience engaged in moonlighting activities.

The study exposed a strong relationship between operational, organizational stress and job burnout while officers engaged in moonlighting work… Future studies are recommended to examine links between the chronic problem of stress, fatigue and burnout associated moonlighting work performed by police officers.

Excessive O.T.Excessive O.T. A number of studies have been conducted to better understand the

phenomena of sleep deprivation, stress and burnout due to excessive overtime and other related occupational factors in nursing, transportation, education, firefighting and policing. These studies have focused primarily on shift work and scheduling. According to the Bureau of Labor Statistics (2010), the law enforcement job has one of the highest rates of injuries and illnesses of all occupations. However, little has been done to examine relationships between internal police policies that may affect outcomes associated with stress and job burnout due to moonlighting, and the problems are significant.

Citizen complaints of corruption and tired cops had progressed so out-of-hand in New Orleans that in 2012, Mayor Mitchell Landrieu announced plans to reform paid details within the office of Police Secondary Employment (OPSE).The intra-department was designed to manage and comply with a Department of Justice finding of systemic problems of corruption within New Orleans Police Department (NOPD, 2012).

BackgroundBackground According to the Bureau of Labor Statistics, approximately six percent

of the American labor force has reported working one additional jobs (multiple job-holders) within a work week in a 2011 BLS - Current Population Survey (CPS) as cited by (Marucci-Wellman, H., and et. al. 2014).

In the local and state police profession, it has been estimated that multiple job-holders may be as high as 11.9 percent according to (Brunet, J., 2008). In both studies, the predominant reason given for working extra jobs was the need for additional income and secondarily, to advance their skills and job opportunities.

Law enforcement personnel working extra details may be increasing their levels of fatigue linked directly to increased stress and potential job burnout. The inability of getting enough rest and quality sleep creates psychological and physical impairments, loss of performance abilities, quality services, agility and behavioral problems which includes heightens aggression.

Quality of Life The family life of the police officer is often disjointed between

competing demands of the job and the very nature that creates difficult stress situations. Stress, angry aggression displaced onto family members and co-

workers; Increase tensions and home – fighting and threats of divorce,

domestic violence and even suicide Officers isolates and finds relief by working even more hours; Nutrition and healthily lifestyles diminished; Sex life diminishes; Officers loses focus on the job – performance issues evolve, and

job loss.

Job burnout - Burnout has long been a concern of organizational scientists (Ahola & Hakanen, 2007). Job burnout results from chronic frustration and fatigue at work, leading to a feeling of being trapped. Employees suffering from burnout typically feel detached from their job and isolated from coworkers (McCarty & Skogan, 2012).

ContinuedContinued According to Carlton (2009), “Job burnout is a physical and mental

state caused by severe strain placed on the body until all resources are consumed” (p. 66). Burnout might manifest itself as a distant stare indicating that one is not fully present in the immediate situation. Job burnout can have a spillover effect, affecting one’s off-the-job relationships with family, friends, and loved ones (Bunk & Schaufeli, 1993). The risk of suicides are increased.

One consequence of burnout is fatigue. Fatigue and sleepiness are often confused and substituted for each, but they are separate conditions. Sleepiness is the body’s felt need to fall asleep, whereas fatigue is a state of exhaustion accompanied by lack of energy, which compromises physical and cognitive functioning (Shen, Barbera, & Shapiro, 2006). In 1910, Americans averaged 9 hours of sleep per night. By 2002, that figure had dropped to 6.9 hours, and 6.2 hours when times were measured by an electronic device as opposed to self-reporting (Rogers, 2008).

ContinuedContinued One strategy used by police officers, nurses, and others is to catch up

on lost sleep on days off. However, many experts advise that sleep is an important restorative function to the body that cannot be double-banked. Mood swings, depression, and irritability in healthy people of all ages can result from loss of sleep. An accumulated sleep debt “may be significant enough to impair decision making, initiative, integration of information, planning and plan execution, and vigilance” (Rogers, 2008, p. 2).

Science tells us that a person can not catchup on sleep loss.

How fatigue and burnout can lead to major disasters; examine:Two nuclear power plant accidents (Chernobyl and Three Mile Island) as well as the grounding of the oil tanker Exxon Valdez have been linked to sleep deprivation. In the Valdez incident, the captain and his assistant had not slept for 18 hours and 36 hours, respectively, prior to the disaster (National Technical Information Service, 1989).

ContinuedContinuedInvestigation of the Space Shuttle Challenger disaster revealed sleep deprivation as a contributing factor (Presidential

Commission on the Space Shuttle Challenger accident, 1986). Fatigue was also cited as a factor in police misconduct following Hurricane Katrina (National Institute of Justice [NIJ], 2012).

The NIJ (2012) described a cycle whereby “disrupted sleep increases fatigue, fatigue diminishes ability to cope with stressors in a healthy way, and inability to cope with stressors disrupts sleep” (para. 4). The NIJ also noted that most police departments have an unspoken code of silence when it comes to reporting stress and strain on the job. It appears to be a part of police work culture to take fatigue as part of being a cop. The NIJ speculated that it may take a cultural paradigm shift or a national mandate to consider sleepiness-centered error-reduction under the auspices of “fatigue management.”

According to the CDC, hospital errors by health practitioners are the third leading source of all U. S. deaths.

Blurred Lines/Blue WallBlurred Lines/Blue Wall Lines between moonlighting and departmental policies become

blurred – police with brotherhood bonds, (blue wall) protect their self-perceived interest; even at their own health risk!

An especially serious consequence of job burnout is suicide. Suicides among police officer are estimated to be 30% higher than in the general population. Symptoms—such as loss of interest in family and work, or increased irritability and worry—are often ignored because of the attitude that it is not proper to interfere in someone’s personal life.

Walsh (1986) found that police officers in New York City engaged in arrest avoidance so as not to interfere with their lucrative secondary jobs. To counter this problem, some police departments prohibit secondary jobs, while others regulate the practice in various ways. Some departments encourage the practice as a way to supplement low pay scales.

Secondary Employment Policies

Police departments vary in their policies regulating secondary employment by officers; however, common stipulations are that officers may engage in off-duty employment subject to the following limitations:

Secondary employment does not conflict with the officer’s primary duties and the department’s mission.

Officers obtain administrative approval prior to engaging extra-

duty assignments, which usually details hours, mandatory rest periods, pay and billing procedures, type of business, and responsibilities.

Officers are not assigned to businesses whose primary revenues are

based on the sale of alcoholic beverages, bail bond agencies, private

ContinuedContinuedinvestigative work for insurance companies, private guard services, collection agencies, attorneys, or employment that may otherwise bring the department into dishonor or create conflicts of interest with the general public.

In some jurisdictions, local governments have taken the decision process out of the hands of the police decision makers and have passed local ordinances regulating the practice (Reiss, 1988).

The IACP recommends that officers work no more than 64 hours per week (IACP, 1996). The International Risk Management Association (IRMA) has a Model Police Employment Program that closely follows the ICAP model. The IRMA policy goes into more detail about workers compensation, liability, and independent contractor employment (IRMA, 2006).

5 P. D. Employment Polices5 P. D. Employment Polices

Police

Department

Outside jobs

allowed?

Super-

vised?

Dedicated

unit?

Sur-charge

or burden?

Hours rest

specified? Regulation No.

Atlanta yes yes no yes yes Yes -16/24 2060

Bellevue, KY yes yes no yes yes Yes -Not >24 10.06.1

Chicago yes yes yes yes yes

Yes -Not

specified 13-162 SB

Cincinnati yes yes yes/no

yes/

no yes

Yes - Not >

18/24 19.140

New Orleans yes yes yes yes yes Yes -Not >76 Decree

Table 1. Selected Police Agencies’ Secondary Employment Policies

ContinuedContinued In Lake Wells, Florida, half of the city’s 185 employees hold

multiple jobs. Firefighters and police officers have schedules with 3 or 4 days off per week, thus enabling them to work other part-time jobs. As long as employees do not have conflicts of interest, such as working for city contractors, the practice is tolerated (Hirschman, 2000).

Flexible scheduling of officers – Originally haled as enormous benefit to stress and fatigue; the 4 x 10 (three days - off) and the 3 x 12 (four days - off on rotations) became a quagmire for police executives when officers utilized the time off to work other jobs!

Like it or not, police benevolent associations/unions are often a silent partner with police leadership as they want the officers’ to have the right to work off-duty jobs.

Pros & Cons of MoonlightingPros & Cons of MoonlightingPros – Supplemental wages for policeIncrease police presence paid for by private firmsProfessional event security coverage at sporting events, concerts, and other public eventsCelebrity security coverageHuman & nature caused environmental disaster supportReligious and funeral traffic support

Cons – Sleep depravation, psychological and physiological issues Job burnout – health deterioration, suicide risks, etc. Tired cops – job performance issues Liability issues Conflicts of interest and corruption Diminished quality of life

Implications for PracticeImplications for PracticeBased on the results of the study presented, the following recommendations can be made to improve law enforcement administrative practices:Review policies and procedures that govern secondary employment, ensuring that they are clear and even-handed. Large departments appear to be using better tracking systems to monitor outside-normal-duty hours to ensure adequate rest and downtime. Large departments might consider contracting with an outside entity to manage all aspects of secondary employment, including both assignments and compensation. Police agencies should consider the IACP model that not only regulates hours spent on outside details but also assesses possible conflicts of interest and assignments deemed unfit or hazardous

Institutionalize wellness and educational programs that promote physical fitness as a means to improve individual health and stress reduction

ContinuedContinued Promote nutritional education and healthy eating habits with less

reliance on caffeine, sugar, and other stimulants commonly used by those with demanding and erratic work schedules

Promote conducive day-sleep environments at home with no distractions, often referred to as sleep hygiene (Samuels, 2009)

Emphasize the benefits of anonymous consulting through employee assistance programs for a variety of problems: family stress, financial stress, addiction, and so forth

Take steps to change the assumption that being fatigued is just part of being a cop

Promote ‘live within my means’ culture

ConclusionConclusion Moonlighting among police officers has both advantages and

disadvantages. Secondary employment enables officers to supplement what have traditionally been lower wages than are available in comparable professions. That in turn reduces the strain of feeling undercompensated and hence underappreciated for the difficult work that police officers do.

As Griffin and Bernard noted (2003), fatigued and overstressed officers are more likely to respond with inappropriate aggression, thus exposing themselves and their departments to harm and potential litigation.

Secondary employment in law enforcement is a well-established phenomenon, and barring widespread increases in salaries for police officers, it is likely to continue, although some municipalities have considered eliminating or vastly curtailing moonlighting in view of the costs of defending officers accused of misconduct in off-duty jobs.

ReferencesReferences

Ahola, K., Hakanen, J., Perhoniemi, R., & Mutanen, P. (2014, March 27). Relationship between burnout and depressive symptoms: A study using the person-centered approach. Burnout Research, 29-37.

Bureau of Labor Statistics. (2012, January 27). Union members-2011. (USDL 12-0094). Retrieved October 24, 2014, from www.bls.gov/cps Brunet, J. (2008). Blurring the line between public and private sectors: The case of police officers’ off-duty employment. Public Personnel Management, 37(2), 161-174. Bunk, B. P., & Schaufeli, W. B. (1993). Burnout: A perspective from social comparison theory. In W. B. Schaufeli, C. Maslach, & T. Marek (Eds.), Professional burnout: Recent developments

in theory and research (pp. 53-69). New York, NY: Hemisphere. Hirschman, C. (2000). Do you need a moonlighting policy? HR Magazine, 45(10), 46-54 Griffin, S. P., & Bernard, T. J. (2003) Angry aggression among police officers. Police Quarterly, 6(3). doi:10.1177/1098611102250365 International Association of Chiefs of Police. (1996, October 1). IACP model policy. Retrieved October 25, 2014,

from http://www.theiacp.org/Model-Policy-List IRMA. (2006, November 1). MODEL POLICE SECONDARY EMPLOYMENT PROGRAM. International Risk Management Association. Retrieved October 25, 2014 from http://irma.org/government-affairs/legislative-statements/about-the-policy-statements/ Marucci-Wellman, H., Lin, T., Willetts, J. L., Brennan, M. J., & Verma, S. K. (2014). Differences in time use and activity patterns when adding a second job: Implications for health and

safety in the United States. American Journal of Public Health, 104(8), 1488-500. McCarty, W., & Skogan, W. (2012). Job-related burnout among civilian and sworn police personnel. Police Quarterly, 16(1), 66-84. doi:10.1177/1098611112457357 New Orleans Police Department. (2014). Consent decree. (2014). United States vs. City of New Orleans/secondary employment. Retrieve on-line from:

http://www.nola.gov/nola/media/OPSE-Media/20140725-Court-Order,-SMG-MOU.pdf.

Ross, D. (2009). Civil liability in criminal justice. (5th ed., pgs. 497). Irvin, CA: Anderson Publishing Company. Retrieved from, www.lexisnexis.com/anderson/criminaljustice

http://www.bls.gov/cps

http://irma.org/government-affairs/legislative-statements/about-the-policy-statements/

http://www.nola.gov/nola/media/OPSE-Media/20140725-Court-Order,-SMG-MOU.pdf

ReferencesReferences Maslach, C., Leiter, M., & Jackson, S. (1995). Maslach Burnout Inventory manual (3rd ed.). Retrieved October 8, 2013, from www.mindgarden.com. National Institute of Justice. (2012). Officer work hours, stress and fatigue. Retrieved from

http://nij.gov/topics/law-enforcement/officer-safety/stress-fatigue. National Technical Information Service. (1989). Marine accident report: The grounding of the Exon Valdez on Bligh Reef, Prince William Sound,

Springfield, AK: National Transportation Board. Reiss, A. J. (1988). Private employment of public police. Washington, DC: U.S. Department of Justice. Reaves, 2011- (BLS). Census of Law Enforcement Agencies, 2008. U. S. Department of Justice, July 11, 2011. Retrieve from

http://www.bjs.gov/content/pub/pdf/csllea08.pdf Rogers, A. (2008). The effects of fatigue and sleepiness on nurse performance and patient safety. In R. G. Hughes (Ed.), Patient safety and quality: An

evidence-based handbook for nurses. Rockville, MD: Agency for Healthcare Research and Quality. Retrieved from http://ncbi.nlm.nih.gov/books/NBk2645/ Samuels, C. (2005). Ways to avoid sleep deprivation. Calgary Police Service, 4(4). Retrieved November 21, 2014, from

http://www.nij.gov/journals/262/pages/ways-to-avoid-sleep-deprivation.aspx Shen, J., Barbera, J., & Shapiro C. M. (2006). Distinguishing sleepiness and fatigue: Focus on definition and measurement. Sleep Medicine Review, 10(1),

63-76. doi:10.1016/j.smrv.2005.05.004 Vila, B. (2009). Sleep deprivation and what does it mean to public safety officers. National Institute of Justice Journal, 262. Retrieved from

http://www.nij.gov/journals/262/pages/sleep-deprivation.aspx Walsh, W. F. (1986). Patrol officer arrest rates: A study of the social organization of police work. Justice Quarterly, 2(3), 271-290.

AppendixAppendix

San Jose P. D. (off-duty cops)

N. Miami Beach P. D. – Shooting death of Sgt. Steven Bauer (1992)

Moonlighting Police 9_18_2016

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