Judges: CHARLES FOTI, JR. Attorney General.
Filed Date: 12/12/2005
Status: Precedential
Modified Date: 7/5/2016
Dear Chief Decou:
Your request for an Attorney General's opinion has been referred to me for research and reply. You have asked this office to respond to questions about the use of and payment for patrol cars by off-duty police officers as follows:
1. Is it legal for a chief of police to authorize his police officers to use city police cars to work a security detail within city limits on their off-duty time?
2. May a chief of police accept payment from a private organization for the use of its police cars by off-duty police officers performing security work?
The answer to your first question is in the affirmative. The provisions of La. R.S.
The answer to your second question is in the affirmative as well. The facts indicate that a private concern wants to hire an off-duty police officer in order to provide security at a specific location. Under the proposed arrangement, the private concern would pay the off-duty police officer directly and reimburse the police department for the use of the City's patrol car. A similar factual scenario was addressed in Atty. Gen. Op. No. 84-125. That opinion discussed whether a chief of police could accept payment from a private organization for the use of the town's police officers and police cars. Citing La. R.S.
In this case, the private organization might be entering into separate contracts to provide security services: one with the police officer for the payment of his fee or salary; the other with the police department for reimbursement of the use of the patrol car. Whether the private organization contracts with the police department, the police officer assigned to the detail or both is immaterial. It is the opinion of this office that a chief of police can accept payment or reimbursement from a private organization for the use of the City's patrol car by an off-duty police officer on a private security detail.
We hope that this sufficiently answers your inquiry, but if we can be of further assistance, please do not hesitate to contact us.
Very truly yours,CHARLES C. FOTI, JR. ATTORNEY GENERAL
By: ___________________________ Christopher D. Matchett Assistant Attorney General