22.1.1 A written directive describes the agency’s salary program, to include:

Commentary: The salary plan for the agency should take into account agency employment standards, agency skill needs, and salary levels offered by other local employers. The salary plan should be based on the agency’s position classification plan and provide for differentiation between ranks, uniform percentage increases between classes and ranks, and room within the ranges for recognition of superior performance.

The salary schedule may provide recognition for superior performance. There should be sufficient salary differential between ranks to provide incentive for promotion and to recognize more complex levels of responsibility.

The policy of the agency concerning the use of compensatory time off in lieu of pay, if utilized, should include conditions under which the policy would be applied, rate of accrual, and procedures for application. Overtime policy should be fully described as to what is provided, under what conditions, and the percentage of base hourly rate to be provided.

In addition to overtime and merit, salary augmentations may include, among others, hazardous duty and academic incentive pay. In each case, the salary plan should describe the conditions under which different kinds of salary augmentation, if any, would be provided, the amount, and the period of time during which the augmentation would be given.

Special skills addressed in the salary program concern those employed as specialists, such as those in a crime laboratory, in communications repair, and the like.

22.2.1 A written directive describes the agency’s leave program, to include:

Commentary: The circumstances and conditions under which administrative leave would be afforded an employee should be described. Limitations on the use of such leave and the procedures for application and approval should be included. Administrative leave may cover such matters as jury duty, periods of bereavement, sabbatical and temporary leaves of absence, military duty, and training. Days established as holidays should be identified.Policies regarding sick and vacation (annual) leave should be described, including accrual rates, limitation rates, if any, procedures for scheduling, supervision, and control.

22.2.2 A written directive describes the agency’s retirement program.

Commentary: The agency’s retirement program may be provided by a local jurisdiction, the state, or the federal Social Security Act. The program may indicate a minimum-age requirement and a mandatory age for retirement. The directive should note the extent to which each benefit is available to the various classes of personnel employed by the agency (full-time, part-time, auxiliary, and reserve personnel, as appropriate).

22.2.3 A written directive describes the agency’s health insurance program.

Commentary: None.

22.2.4 A written directive describes the agency’s disability and death benefits program.

Commentary: The agency should, through insurance programs or direct financial support, provide compensation for temporary, partial, or total service connected disability. A monthly compensation for survivors in case of a service-connected death should be provided.

22.2.5 A written directive describes the agency’s program for the provision of support services to employees.

Commentary: Agencies, particularly larger agencies, may wish to consider establishing a separate employee services unit to facilitate the provision of support services to employees. Such services might include providing information on employee benefits and help for the employee and family in cases of injury or death. The services available should be described in writing to ensure that employees will know what services are available and that services are provided uniformly (see 22.2.6).

22.2.6 A written directive defines victim/witness assistance services to be rendered to agency personnel and their families following line-of-duty deaths or serious injuries.

Commentary: Appropriate agency-provided services include notifying the family of the dead or injured officer in a timely, personal manner, assisting the family at the hospital, supporting the family at the funeral and burial, helping the family with legal and benefits matters, counseling the family regarding finances and other possible problems, supporting the family during criminal proceedings (if any), and maintaining long-term contact with the family and keeping informed of family needs.

22.2.7 A written directive describes the agency’s liability protection program.

Commentary: Specific provisions of the program should cover employees for actions or omissions directly related to their law enforcement function. The program should protect employees from liability arising from acts or omissions leading to personal injury, death, or property destruction that, in turn, could lead to legal civil action against them.

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22.2.8 A written directive describes the provision of clothing and equipment used by employees in performing law enforcement functions.

Commentary: Certain employees are required to wear the agency’s uniform and others are required to wear civilian clothes in law enforcement activities. Equipment is also needed by certain employees in the performance of their duties. The written directive should specify those eligible for clothing and equipment issue or allowances, specify the amount to be provided, and indicate the period for which it will be provided (see 41.3.4 and 41.3.5).

22.2.9 A written directive describes employee educational benefits, if any.

Commentary: When offered, educational benefits go beyond those opportunities provided employees through in-service, specialized, and advanced training. Generally, the employees pursue higher education on their own initiative and on their own time. Because the value of employees to the organization is enhanced by their continuing education, the agency should encourage and facilitate their pursuit of higher education and provide whatever tangible benefits it can to them for academic achievement. Educational benefits may include leave, scheduling adjustments and accommodation, tuition reimbursement, and salary augmentation based on educational achievement (see 33.1.3).

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22.2.10 The agency makes available to employees an Employee Assistance Program (EAP) designed to assist in the identification and resolution of concerns or problems (personal or job related), which may adversely affect an employee's personal or professional well-being or job performance. These peronal conderns may include, but are not limited to, health, marital status, fmaily, financial, substance abuse, emotional/stress and or other personal matters. The Employee Assistance Program shall include, at a minium:

Commentary: An employee assistance program is intended to assist employees who are suffering from persistent problems that may tend to jeopardize the employee's psychological and/or physical well being. The goal of this type of program is to help individuals who have developed problems by providing services for consultation, treatment and rehabilitation in order to pervent their condition from progressing to ta degree that it will prevent the employee from functioning effectively in the workplace. (See 22.2.5)

An employee's referral may either be voluntary, in which the employee elects to participate in the program, or it may be a supervisory referral, in which a supervisor uses agency guidelines to refer an employee into the program. An employee has the option to refuse referral into the program and should be given the right to discontinue participation at any time. Appropriate measures should be taken to ensure confidentiality of records for employees admitted to the program, according to established agency directives, personnel guidelines and state and federal regulations.

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22.3.1 A written directive describes the agency’s policy regarding physical examinations for employees. Any examination required of employees in permanent, full-time jobs must be provided at no cost to the employee.

Commentary: A physical examination is a benefit to both the employee and the agency. Any physical examination should be conducted only to confirm the employees’ continued fitness to perform the tasks of their assignments and to inform them of their general physical condition, not to identify employees with disabilities who are otherwise able to perform their assigned duties, with or without reasonable accommodation.

The nature of some specific positions or responsibilities may necessitate periodic specific health screenings, such as those for crime scene personnel, firearms instructors, or range technicians who are repeatedly exposed to hazardous chemicals or lead contaminates.

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22.3.2 A written directive describes the agency’s policy regarding general health and physical fitness for sworn employees.

Commentary: The functions of a law enforcement agency require a level of physical fitness not demanded by many other occupations, and fitness requirements should be specified. Standards of fitness should be those that have been shown to be directly related to the tasks performed, and not serve to eliminate or penalize employees who can otherwise perform the tasks of their assignment, with or without reasonable accommodation.

22.3.3 A written directive governs the types of off-duty employment in which agency personnel may engage.

Commentary: This standard applies to both sworn and nonsworn personnel. It pertains to secondary employment of the off-duty type—that is, outside employment wherein the use of law enforcement powers is not anticipated. Agencies may want to consider expressing the prohibition of certain types of off-duty employment in general terms, such as proscribing off-duty employment that, in the opinion of the agency, would constitute a conflict of interest or would tend to bring discredit to the agency. The prohibition could be quite specific, such as by focusing on specific jobs or locations.

22.3.4 If the agency permits sworn personnel to engage in extra duty employment, a written directive addresses the following:

Commentary: This standard pertains to sworn personnel whose secondary employment is of the extra-duty type that is, outside employment wherein the actual or potential use of law enforcement powers is anticipated.

Bullet (a) requires sworn officers to obtain permission of the agency to engage in extra-duty employment. In addition, the relationship between the extra-duty employer and the officer-employee may be governed by a written agreement between the agency and extra-duty employer. Among other provisions, an agreement might specify that payment by the extra-duty employer for the officer-employee’s services shall be remitted to the agency, which will promptly compensate the extra-duty officer.

Regarding policies referred to in bullet (b), the agency might address the following matters, among others, if not already covered by the agreement: authority of officers while working in an extra-duty capacity; responsibilities of the officers to the agency and to extra-duty employers; matters of jurisdiction; callback, if required; limitations, if any, on the number of hours worked per given time period and on the number of hours worked immediately prior to reporting to the agency; use of agency property (weapons, uniforms, and the like); and liability, compensation, and indemnification issues arising from injuries or other incidents occurring during extra-duty employment.

Regarding the approval, review, and revocation processes noted in bullet (c), the agency’s written directive should cover a description of those processes, types of extra-duty employment that are prohibited, and agreement by the extra-duty employer to restrictions, if any, on the types and conditions of employment, including an assessment of the potential risk of injury.

With respect to bullet (e), documentation should reflect the unique needs of the agency, the relevant sections of its collective bargaining agreement, if any, as well as pertinent statutory requirements, e.g., the federal Fair Labor Standards Act. Among the significant aspects of extra-duty employment to document, the agency should consider the following: date, time, and place of employment; incidents that involved use of law enforcement powers, injury to the officer or others, complaints received, and court appearances (scheduled and actually attended) resulting from extra-duty employment; and liability and indemnification concerns stemming from actions during extra-duty employment.

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