| Consumer and Security Related
Information
ATTENTION:
APARTMENT MANAGERS **COURTESY OFFICER WARNING**
Before
hiring a Courtesy Officer (Off-Duty Law Enforement Officer) to
provide off-duty services to your Apartment Complex you should be
aware of your officer's Departmental Policy
prior to hiring or agreeing to any rent exchange
for his/her services. Did you know that the Austin
Police Department (APD) as well as many other Police and
Law Enforcement Agencies prohibit their officers from
ENFORCING ANY OF YOUR APARTMENT COMPLEX RULES, REGULATIONS OR
POLICIES. Did you know they cannot respond to any
complaints at your property, while on-duty with their
department. This severely limits their work for your
apartment complex. Did you know they are prohibited from being
assigned to any command area in which they live.
Don't take
our word for it. This is right out of their Austin
Police Dept. General Policies and Procedures
Manual ("Secondary Employment") (Section No.
A307). See the entire policy right off the Austin Police
Departments website at the following link:
http://www.ci.austin.tx.us/police/gen_orders_toca.htm
AUSTIN POLICY DEPARTMENT POLICY
A307
.07 LERE Courtesy
Officers
Officers receiving discounted rent in exchange
for service as a security/courtesy officer are considered to be
working LERE. Officers are prohibited from "unofficially" accepting
discounted rent or reduced rental rates in exchange for these
services.
Any employment as a courtesy officer must
be approved as LERE.
The employer is required to complete the
Addendum to the Law Enforcement Related Employment Agreement for
Apartment Complex Form (PD0036c).
The property owner/manager is required to list,
in detail, the specific expectations of work to be rendered and the
estimated number of hours per week that the employee will work as
part of the LERE agreement.
The apartment complex addendum form will be
filed in APD-HR along with the original LERE
contract.
Officers assigned to
patrol will not be employed as a courtesy officer within the area
command to which they are regularly assigned.
Should an officer be transferred so
that they are in conflict with this provision, it is the officer’s
duty to immediately terminate the LERE agreement.
Officers shall not respond to, while on-duty, to
complaints at any property for which they are employed unless
dispatched to that location by Communications or authorized by an
APD supervisor.
Courtesy officers shall confine their duties to
those of a law enforcement nature.
Notifications of evictions, collection
of rent, bad checks, and enforcement of complex rules, regulations
or policies that are not violations of the law are strictly
prohibited.
Did you
know?
In
order to work as a security officer for pay in the State of Texas you must be
employed by a licensed security services contractor (security
company) Your security
company must license you as a non-commissioned or commissioned
security officer. You
are required to be registered with the state regulatory agency- The Texas
Department of Public Safety-Private Security Bureau. Even if you are
classified as in-house security and work for no one other than your
employer, this regulation still applies to you. The private employer that
you work for must have a “Letter of Authority” issued to a “Private
Business” and they will still license you with the above listed
regulatory agency. This is the
same as if you were working for a Security
Company.
If you hire
yourself out as a person to provide security for an event and get
paid, you are basically running an UNLICENSED SECURITY COMPANY
and you can be charged with violating State Statute Sec. §
1702.3875 Impersonating
Security Officer. This is a
criminal offense. Specifically this is a
Criminal Offense, a Class A Misdemeanor on your first offense
and a Third Degree Felony on any subsequent offense.
(§1702.388)
§ 1702.3875. IMPERSONATING SECURITY OFFICER; OFFENSE. (a) A person commits an offense if the person: (1) impersonates a commissioned or noncommissioned security officer with the intent to induce another to submit to the person's pretended authority or to rely on the person's pretended acts of a security officer; or (2) knowingly purports to exercise any function that requires registration as a noncommissioned security officer or a security officer commission. (b) An offense under this section is a Class A misdemeanor.
§ 1702.388. VIOLATION OF CHAPTER; OFFENSE. (a) A person commits an offense if the person violates a provision of this chapter for which a specific criminal penalty is not prescribed. (b) An offense under this section is a Class A misdemeanor, except that the offense is a felony of the third degree if the person has previously been convicted under this chapter of failing to hold a license, registration, certificate, or commission that the person is required to hold under this chapter.
Did you
know?
It is
illegal for some law enforcement officers to hire themselves out as
private security officers for pay while off duty from their regular
job. They can be charged under State Statute §1702.322 of the Texas
Occupations Code.
If a law
enforcement officer hires him or herself out for pay, while off duty
and wears a department uniform while doing so, there a number of
rules he must follow to be legally working private security in
Texas. These rules include, but are
not limited to, the following:
1.
The law
enforcement officer must be employed a minimum of 32 hours at minimum wage (or higher)
performing his/her appointed duties as a peace officer with his/her
department.
2.
The law
enforcement officer must be entitled to all benefits offered to the
peace officer by the State of Texas or by his or her
department.
3.
The law
enforcement officer must not be in the employment of another peace officer.
In other words, the person receiving the guard service pays each
officer directly and individually as an employee or as an individual
contractor.
4.
The law
enforcement officer must not be a reserve peace officer. This
also includes "full-time, non-paid regular" peace officers.
These peace officers must obtain a guard company license before
engaging in guard company services.
Did you
know?
It is
illegal for a client to contract or employ a
person who is required to hold a license,
registration or commission to perform security services in
Texas. So hiring unlicensed security
officers whom do not
work for licensed security companies or hiring off-duty law
enforcement officers (whom don’t meet the State’s definition) are
both Class A Misdemeanor criminal offenses. These are offenses that
can be charged against a client under State Statute §1702.386 of the
Texas Occupations Code
§ 1702.386. UNAUTHORIZED EMPLOYMENT; OFFENSE. (a) A person commits an offense if the person contracts with or employs a person who is required to hold a license, registration, certificate, or commission under this chapter knowing that the person does not hold the required license, registration, certificate, or commission or who otherwise, at the time of contract or employment, is in violation of this chapter. (b) An offense under Subsection (a) is a Class A misdemeanor.
Why
take a chance. Our officers are trained, insured and have all
necessary licenses and permits to act in your best interests at all
times.
| 
