City Council
Regular MeetingIdaho Falls, ID · March 6, 2017
Minutes
March 6, 2017
The City Council of the City of Idaho Falls met in Special Meeting (Council Work Session), Monday, March 6, 2017,
in the Council Chambers in the City Annex Building located at 680 Park Avenue in Idaho Falls, Idaho at 3:00 p.m.
Call to Order and Roll Call:
There were present:
Mayor Rebecca L. Noah Casper
Councilmember John B. Radford
Councilmember Barbara Ehardt
Councilmember David M. Smith
Councilmember Ed Marohn
Councilmember Michelle Ziel-Dingman
Councilmember Thomas Hally
Also present:
Chris Fredericksen, Public Works Director
Kent Fugal, City Engineer
Dave Hanneman, Fire Chief
Dave Coffey, Deputy Fire Chief, Operations
Duane Nelson, Deputy Fire Chief, Administration
Brad Cramer, Community Development Services Director
Mark McBride, Police Chief
Ryan Tew, Human Resources Director
Pamela Alexander, Municipal Services Director
Randy Fife, City Attorney
Kathy Hampton, City Clerk
Mayor Casper called the meeting to order at 3:00 p.m. with the following agenda items:
Acceptance and/or Receipt of Minutes:
It was moved by Councilmember Marohn, seconded by Councilmember Hally, to receive the Civic Auditorium
Committee minutes and the Youth Sister Cities meeting minutes. Roll call as follows: Aye – Councilmembers Ehardt,
Marohn, Hally, Radford, Smith, Dingman. Nay – none. Motion carried.
City Council Reports:
Councilmember Hally had no items to report.
Councilmember Marohn had no items to report.
Councilmember Smith stated he recently attended APPA (American Public Power Association) meetings. He believes
discussion needs to occur in a future Idaho Falls Power (IFP) Board Meeting regarding Governance best practices
related to public power. This discussion may include strategic planning for IFP and/or board policy requirements.
Councilmember Ehardt expressed her appreciation for the electronic speed signs on 17th Street. She believes the cost
for these signs, approximately $6400/pair, is minimal for the effectiveness. She recognized the success of the Idaho
Falls High School and Bonneville High School boys’ basketball team performances at State championships.
Councilmember Dingman expressed her condolences to the loss of Idaho Falls Police Department (IFPD) Officer
Leen Van Hulten. She acknowledged his dedication to the Police Department.
Councilmember Radford acknowledged the retirement of Parks and Recreation (P&R) employee Kevin Day who
served the City for 32 years. He stated the William J. Maeck Zoo Education Facility donation was recently presented
at Rotary.
Mayor’s Report, Calendar Items, and Announcements:
March 6 – Go-live for new City website
Idaho Falls recently hosted high school hockey championships
Ball Ventures expressed their appreciation to the Community Development Services (CDS) staff
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Position of Police Chief will be advertised in the near future
Polytechnic Campus, which has been proposed at Idaho State University (ISU)-Idaho Falls campus, has been
approved by the Joint Finance Appropriations Committee (JFAC) to be included in the higher education budget
Letter of support has been submitted to separate air traffic tower management from the FAA (Federal Aviation
Administration)
CDS has received a grant from Greater Idaho Falls Association of Realtors (GIFAR) to be used for focus planning
for south of downtown
CDS is reviewing final applicants for a Planner I position
March 10, two (2) Blue Angels made a brief appearance to promote the summer airshow event
March 11, Bob Skinner is being honored for his community service
March 7, funeral services for Officer Leen Van Hulten
March 8, Rotary
March 9, Chamber of Commerce Legislative Conference Call
March 9, City Council Meeting
March 11, “Seeking Solutions for Idaho Health Care” at Hampton Inn
March 16, Legislative Conference Call
March 18, Council Budget Discussion
March 20, Council Work Session
March 23, Idaho Falls Power (IFP) Board Meeting and Council Meeting
Mayor Casper briefly reviewed the March 18 budget workshop schedule. She stated the presentations will be
conducted by the Council liaisons and will include a 3-year overview of priorities for each departments.
Elm Street and S. Boulevard Roundabout Discussion:
Director Fredericksen stated approximately 8000-9000 vehicles travel Boulevard and Elm Street on a daily basis. He
indicated there are several proposed multi-modem improvements along S. Boulevard, including a current Federal Aid
Project which will include the installation of two (2) rapid flashing beacons for pedestrian traffic. He stated the
intersection has a unique configuration and alignment and also includes wire-stayed traffic signals, mounted on
wooden poles. Director Fredericksen reviewed proposed roundabout designs indicating the majority of impact will
occur to the City park, there are no other Right-of-Way issues. He stated this project is not accident driven as most
accidents occurring in roundabouts, due to the slower traffic speed, are generally minor.
Mr. Fugal stated a replacement traffic signal was considered although the intersection does not allow a safe method
for vehicles or pedestrians. He believes a roundabout has better overall safety characteristics. Mr. Fugal reviewed the
pros and cons for a roundabout solution as follows:
Pros – overall safety, decreased maintenance, improve efficiency of traffic flow, aesthetically cleaner solution
from the downtown business area to the residential-dominated area. Brief discussion followed regarding the center
of the roundabout as well as access to the Common Cents convenient store located on Boulevard.
Con – magnitude of the park property, right turn only from 10th Street, narrow approach at 10th Street to
one-lane traffic.
Director Fredericksen stated this proposed roundabout will be posted on the City website for any public
comments/concerns. The proposed roundabout has been modeled for large truck traffic to accommodate the detour
of large vehicles who may not clear the underpass, as well as any 4th of July floats. Cost estimates will continued to
be refined and other potential projects will be evaluated to occur simultaneously. He indicated discussion has occurred
with the owner of Common Cents. The owner would prefer construction of the roundabout to occur in the following
year to coincide with reconstruction of the Common Cents store. Director Fredericksen also reviewed the possibility
of vacating/closing off Corner Street, east of the YMCA, to allow additional parking as well as accommodating the
proposed roundabout. Brief general discussion followed.
Apparatus Replacement Discussion:
Chief Hanneman announced payment, in the amount of ~$500,000, has been received from Department of Lands for
the recent Fire Department wildland deployment.
Chief Hanneman indicated no previous long-term planning depreciation or replacement MERF (Municipal
Equipment Replacement Fund) schedule had occurred for the Idaho Falls Fire Department (IFFD) fire apparatus. He
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March 6, 2017
stated the General Fund MERF currently contains fire engines, staff vehicles, and SCBA (Self Contained Breathing
Apparatus). Chief Hanneman reviewed the NFPA (National Fire Protection Association) 1901, Standard for
Automotive Fire Apparatus as follows:
Annex D, D.1 General – It is recommended that apparatus more than 15 years old that have been properly
maintained and that are still in serviceable condition be placed in reserve status. Apparatus that were not manufactured
to the applicable NFPA fire apparatus standards or that are over 25 years old should be replaced.
Chief Hanneman briefly reviewed several vehicles currently in the IFFD fleet.
Current MERF – General Fund Fire $999,124 (Vehicles = $669,124 + SCBA = $330,000)
Ambulance Fund – $507,826
SCBA – NFPA 1981, the air cylinders hydrostatically expire in December 2018, estimated cost = $750,000
Chief Hanneman stated the IFFD is currently collecting $230,000 annually in MERF ($190,000 for fire
apparatus/staff vehicles and $40,000 for SCBA). He indicated this amount is inadequate for future replacements. He
reviewed the following options for catch up/correction of apparatus replacement:
Option 1 – 10 year lease/purchase program (~$260,000/year), increase MERF to $413,439 annually. Chief
Hanneman stated the lease program may cause concern. Mr. Fife reviewed State lease regulations. Mr. Fife is not
recommending the lease option.
Option 2 – amortize the cost of replacement of fleet over a 15-year period, increase MERF contribution
$517,532 annually. This option would take approximately four (4) years to catch up/correct replacement.
Option 3 – authorize an ~$2 million expenditure to purchase a new fleet and reset the system, increase MERF
to $384,653 for the next 15 years. This option would be the quickest catch up/correction.
Chief Hanneman stated he prefers Option 3. He indicated the replacement schedule includes industry standard 3%
increase/year. He briefly reviewed vehicle evolution of technology and safety. He requested any concerns/questions
be submitted to allow preparation for the appropriate option for budget discussion.
Area of Impact Update:
Director Cramer stated the majority of work over the course of the previous year, including a goal-proposed map, has
been completed by the Planning and Zoning (P&Z) Commission. He indicated the next step, draft policy changes
within the Area of Impact (AOI), have been accepted by Bonneville County. Director Cramer stated future discussion
with Council will include extension of utilities (sewer and water only) into Bonneville County, which has not been
allowed for several years. He, along with his staff, believes there is no good reason to allow the extension. He stated
discussion regarding the Comprehensive Plan will also need to occur. He indicated interpretations of the law varies
with each entity and conversation can be difficult regarding maps and plans. Director Cramer briefly reviewed the
schedule stating AOI will tentatively be presented to Council by June although the schedule may be delayed due to
FERC (Federal Energy Regulatory Commission) requirements along Idaho Falls Power property.
Off-Duty Employment Risk Management Plan Discussion:
Chief McBride stated the Risk Management Committee has expressed concerns regarding off-duty employment for
Idaho Falls Police Department (IFPD) officers. He believes officers are a great benefit to the community and the
opportunity to perform additional services should occur without incurring liability to City. He reviewed concerns as
follows with general discussion throughout:
Legal Issues:
Liability – when City employees who are sworn peace officers engage in activities as peace officers
(even when off duty), they are legally considered automatically and immediately to be in the
employment. Liability for injury and damages remains the City’s legal and financial responsibility.
Compensation – taxpayers have a reasonable expectation that IFPD employees are compensated with
taxpayer dollars for work performed. Where an on-duty in-uniform police officer is performing
functions, the employee and the City should be compensated fairly.
Fair Employment Compensation – there is possibility that a claim could be made by a police officer
that they are performing that function on behalf of the City and not for their secondary employer.
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This could raise significant overtime, FLSA (Fair Labor Standards Act), and other claims related to
compensation.
Tax Issues – allowing its employees to use City property for personal gain is considered a fringe
benefit. It is the City’s responsibility to include in employee wages the appropriate amounts of
reportable fringe benefits. The IRS (Internal Revenue Service) will assess fines and penalties against
the City for non-compliance of the above-mentioned taxable fringe benefit rules. The current practice
of not prohibiting the use of clothing and equipment by off-duty officers in unregulated secondary
employment subjects the City to such fines and penalties.
General Concerns:
Fatigue – long unregulated hours cause fatigue. Officers making critical high-risk decisions while
fatigued can create a serious liability and safety risk to the officer and City.
Employment Conflicts – the department has received complaints regarding scheduling decisions
which are influenced by secondary employment opportunities. Complaints include allegations of
retaliation or favoritism.
Sick Leave, Comp Time, and Call Backs – officers may be using sick leave benefits or compensation
time to work off-duty employment, thus creating an unregulated overtime issue for the police
department.
Fairness – some employers contract through the City for the presence of uniformed officers while
other employers do not.
Employee “Proposal” to EIRMC (Eastern Idaho Regional Medical Center) – the proposal appears to
express the intent of the proposers and scope of services. Unless the proposers are acting as peace
officers, this is entirely inappropriate (and potentially unlawful).
Recommendations:
To allow officers to continue in off-duty employment while protecting the City from liability.
Mr. Fife stated the City is the employer and can control secondary employment. He indicated the proposal is not to
eliminate secondary employment, the purpose is to establish guidelines to govern the employment by someone other
than the City. He believes the proposal should separate a uniformed City police officer versus an un-uniformed
officer.
Chief McBride briefly reviewed the proposed policy to establish guidelines to govern the hiring of on-duty, uniformed
IFPD officers by private parties, including submission of a written request, the required number(s) of personnel, costs,
the appeal process, liability requirements, and proof of insurance. Councilmember Smith expressed his concern that
officers may use their knowledge and professional skill, paid for by the City, to use elsewhere for their own benefit
although he believes there is a community benefit for police presence. General discussion followed. Councilmember
Dingman believes the policy should include a mandatory eight (8) hour break after 16 hours of consecutive work for
safety reasons. She also believes there is no pressing reason to require personal financial records from secondary
employment. Councilmember Radford concurred. Mayor Casper stated the City is currently out of compliance with
the IRS standards and this item needs addressed as soon as possible.
Hart Building Lease Discussion:
Director Alexander summarized the proposed building lease at Park Avenue and D Street stating there is ~5000
square feet on each of the two (2) levels, two (2) current offices could be renovated if needed, on- and off-street
parking is available, and there is ADA (Americans with Disabilities Act) accessibility. The proposed yearly lease was
negotiated from $2800/month plus utilities to $2500/month plus utilities, which is a competitive lease rate. This
building would be utilized for the Human Resources (HR) Department to allow adequate space for personnel as well
as providing a confidential area for employees. This location would be a temporary space until the fire administration
area is vacated. Brief discussion followed regarding the current fire administration location/issues. Director
Alexander indicated the City Hall Building Committee will be discussing future plans of City Hall. She indicated
renovations to the Hart Building for the use of HR would amount to approximately $11,000. This item would need
to be included in the FY2017/18 budget although minor renovations could occur at this time. It was consensus of the
Council to include an annual renewal clause in the proposed lease agreement. Mayor Casper stated this item will be
scheduled for a future agenda.
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March 6, 2017
Civic Auditorium Presentation by Idaho Falls Arts Council:
Director Alexander introduced Brandi Newton, Executive Director of the Idaho Falls Arts Council; and, Arthur Kull,
Chairman of the Civic Auditorium Committee. She also recognized Chandra Witt, General Services Administrator
and Stephanie Walker, Administrative Assistant.
Director Alexander commented the Civic Auditorium was dedicated on March 8, 1953, making it 64 years old. She
stated in March 2016, an original presentation regarding the Civic Auditorium was made to City Council by
recommendations of the Citizens Review Committee. The presentation included the recommendation to enter into a
professional services agreement with the Idaho Falls Arts Council. The agreement included the following:
Event Management
Marketing
Execution of Services
$65,000 annually
Revisit contract in six months – contract began July 1, 2016
Director Alexander then turned the presentation to Ms. Newton.
Ms. Newton stated the three (3) main topics per contract include:
Event Management – primary point of contact
o Maintaining schedule and book events
o Contract management for facility use
o Fielding broad scope of facility and performance inquiries
Marketing – primary point of contact
o Maintaining website of all Civic events and calendar
o Detail of Civic Auditorium terms of use
o Marketing Civic Auditorium to event promoters
Execution of Services
o Execution of event contracts
o Event billing
o Collection of fees
o Submit payment to City of Idaho Falls
Ms. Newton stated changes that have occurred at the Civic Auditorium include:
Coordination of policy changes
o Band and art rooms use/rental (fees will be included in the 2017/2018 fee resolution)
o Expanding the Civic calendar
o Centralized point of contact for Civic Auditorium use
Opportunities for Civic Auditorium patrons
o Single point of contact for events; connection to industry to bring in a variety of events to
the public
o Focused management and promotion of the facility
Allow City to focus on general facility and technical operations
Assumptions of Civic Auditorium Utilization
Ms. Newton believes the investment from the City has been valuable for the variety of renters (Arts Council,
Symphony, The Sounds Choir, etc.) and the Civic Auditorium is a cornerstone of the ability to serve the community.
o Promote the use of the Civic Auditorium
o Data over the past 6 months demonstrate/validate
Civic auditorium is a well-used facility (utilized 84% of the time during the Arts
season, September through June)
Most events are non-profit or local groups
Not charging enough for use
Inventory of civic uses
Rehearsal space is needed
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March 6, 2017
Director Alexander believes this agreement has assisted with duties for Ed Morgan, Civic Auditorium Manager. Ms.
Newton concurred. She also believes Mr. Morgan’s assistance has improved the quality of the facility thereby
increasing response time for customer use. Director Alexander believes the collaboration with the Idaho Falls Arts
Council has been very successful for use of the Civic Auditorium. Ms. Newton stated the Idaho Falls Arts Council
Mission is for the advocacy, education, and opportunity to participate in the arts in Eastern Idaho and believes the
Civic Auditorium assists with their mission. Mayor Casper stated the Civic Auditorium presentation will occur on
March 20, 2017.
There being no further business, it was moved by Councilmember Marohn, seconded by Councilmember Dingman,
that the meeting adjourn at 6:16 p.m. which motion passed following a unanimous vote.
s/ Kathy Hampton s/ Rebecca L. Noah Casper
CITY CLERK MAYOR
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Agenda
Idaho Falls Sister Cities Youth Meeting
February 13, 2017
Attendees:
Cameron Archer Brennan Corbridge Mario Estrada 2 Laurie Retallic
Melinda Cebull Jackson Corbridge Elly Finnigan Jacobi Retallic
Peter Cebull David Eaton Ian Finnigan Whitney St. Michel
Nicholas Cebull Katie Eaton Gabe Padron Anna St.Michel
Jackie Corbridge Kylie Eaton Kendra Peck Rebecca Smith
Garrett Corbridge Mario Estrada Nathan Peck Stephanie Van Ausdeln
Tate Corbridge Victoria Estrada Dallin Peck
Business Section of the Meeting
Minutes:
A motion to approve the minutes from the February 1st meeting was made by Victoria Estrada and
seconded by Mario Estrada 2.
Fundraisers:
Raffle/Dinner (4/13): Whitney passed around the sign-up sheet for people to request donations from
businesses for people to review. Please try to have donations collected by 3/1 and bring them to the
meeting.
Paramount Discount Cards: The group will sell discount cards on 2/18 and 2/20. Whitney will get the
discount tickets on Friday and give them to Melinda. Students and adults have signed up for different
time slots. Whitney will provide more information on movie times when she gets them.
Required Paperwork
The following documents are required for each student and can be found on the website
(http://youth.if-sc.org/) under forms. Note: The documents need to have a parent signature.
Application form
Code of Conduct form
Medical Form
Students should fill out the forms and email them to mcebull@cableone.net or bring them to the next
meeting. If there is any problem getting the forms from the website, please ask Melinda to email them
to you.
Melinda will email the contact list to members. Please review the list and email changes to Melinda at
mcebull@cableone.net.
Student Led Section of the Meeting
Newsletter sign-up – Students were asked to sign-up write an article for the newsletter.
Spotlight information was passed around for the group to review. Students will fill out information
about themselves. The information will be given to the Japanese group, and they will provide
information about their students. This will provide a way to learn about each other before the
exchange.
The following Japanese holidays were explained.
Setsuban
o Father or male w/ corresponding birth year (this year is the rooster) would dress up as
an evil spirit, and come into the house. The people in the house would throw beans at
the “evil spirit”, and scare it away chanting. After this they would pick up the amount of
beans that they are in years of age.
Foundation day
o 660 BC
o February 11, day of the third constitution
Doll festival Momo-No-Sekku peach festival
o Families w/ girls would display “Hina-Ningyo”
o Usually include the emperor and the emperice
o Set of ornaments held with a thread is also similar
o Sometimes paper dolls were thrown into the river to drive evil spirits away.
o Feb 3 - march 3
o Take the Hina-Ningyo down on March 3 or you will be married late.
Hiragana Lesson: Hiragana used for words with Japanese origin, and are simpler to differentiate
between. Then we had a list of words in Hiragana, and using a chart converted it into Romaji. From
there we could figure out the English version.
Idaho Falls Sister Cities Youth Board Meeting
February 22, 2017
Attendees:
Melinda Cebull Katie Eaton Kendra Peck
Peter Cebull David Eaton Whitney St. Michel
Budget Review:
The board looked over a document with the income and expenses for the past two years. We discussed
a possible budget for next year. Dave will take a closer look at the budget and bring a proposed budget
to the next meeting for the group to approve.
Bylaw Review:
The board agreed on the following changes
ARTICLE V. FINANCES
Section 6. We decided when a student is unable to go to Japan, but stays in the group the money the
student earned will be reserved for the next trip. If the student quits or does not go to Japan, the
money will become part of the general funds. All students will start the year with zero points, and some
will have money reserved from past years. Melinda will attempt to state this correctly in the bylaws.
Section 8. We changed the amount in the sentence “A general guideline is to have at least $2500 on
hand at the beginning of the fiscal year.” To $3500.
ARTICLE VI. MEETINGS
Section 1. The wording was changed to reflect the new meeting schedule.
Section 2. The wording was changed to reflect the new meeting format.
Section 4. The wording was changed to indicate social media could be used for meeting notices.
ARTICLE VII. STUDENT EXCHANGES
Section 4. Added a requirement to attend the majority of the meeting to receive a point for attending.
Decided to give the student advisor 8 points since they are now tasked with helping organize the
student meetings.
Section 5. Change the number of students that can go to Japan to 15 based on a verbal request from the
Japanese. Added a requirement for student and their families to help with hosting the Japanese
students the year before they go to Japan. Added a requirement for students to attend at least 50% of
the meetings and activities to be eligible to go to Japan.
ARTICLE VIII. BYLAWS
Section 1. Changed the section to state the bylaws will be reviewed “at a minimum” in January of odd-
number years. This will allow the board to modify the bylaws more often if needed.
Miscellaneous Items:
Discussed the agenda for the next meeting
Talked about hosting next summer. We decided it might be good to provide more information
about hosting to new members and have some time for them to ask questions.
Whitney gave Peter the money from the Paramount fundraiser. We decided to see if the group
wants to sell discount cards on additional nights.
Melinda asked about updating posters for the raffle/dinner fundraiser. Kendra will see about
having the students make a 2015/2016 poster and a “Thank You” poster to place at Snow Eagle.
We discussed additional places to ask for raffle items.
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Rebecca Casper, Mayor
Mark McBride, Chief of Police
2 March 2017
Council Work Session Agenda/Police Department Off-Duty Employment Risk
Management
The Police Department respectfully requests that the Police Department Off-Duty Employment
Risk Management Plan be placed on the 6 March 2017, City Council Work session Agenda for
discussion.
The Police Chief requested that the City Attorney’s office help develop a reasonable, standardized
policy that would allow the police department and its employees to provide on-duty uniformed
police services and off-duty non-uniformed security services to public or private entities. As a
result of that request, the City Attorney’s office is providing a draft of a “Secondary (Off-Duty)
Employment” Policy and an “Assignment of On-Duty Uniformed Officers to Extra-Duty
Customer Service Policy”. Both are attached.
The compilation and analysis of various concerns is a result of input from the members of the City
Risk Management Committee comprised of Bruce Young, Risk Manager; Mark Hagedorn,
Controller; Pam Alexander; Municipal Services Director; Ryan Tew, Human Resources Director;
and Randy Fife and Mike Kirkham of the City Attorney’s office.
1. Legal Issues.
Liability
o When City employees who are sworn peace officers engage in activities as peace
officers (even when off duty), they are legally considered automatically and
immediately to be in the employment of their employing governing body Police
officers (whether in or out of uniform or on- or off-duty) begin police activity,
liability for injury and damages to the employee or to others remains the City’s
legal and financial responsibility.
Compensation
o Taxpayers have a reasonable expectation that IFPD employees are compensated
with taxpayer dollars for work performed. Where an on-duty in-uniform police
officer is performing police functions, the IFPD employee and the City should be
compensated fairly.
Fair Employment Compensation
o There is a possibility that a claim could be made by a police officer working off-
duty (with a gun, badge, and uniform) that they are performing that function on
behalf of the City and not for their secondary employer. This could raise significant
overtime, FLSA, and other claims related to compensation.
Tax Issues
o Allowing its employees to use City property for personal gain is considered a fringe
benefit. Police uniforms and equipment are provided by the City to police officers
to carry out the essential functions of their duties as City employees. Allowing use
of these uniforms and equipment outside of formal employment with the City is a
fringe benefit.
o It is the City’s responsibility to include in employee wages the appropriate amounts
of reportable fringe benefits so that it can follow the laws. The IRS will assess fines
and penalties against the City for non-compliance of the above-mentioned taxable
fringe benefit rules. The current practice of not prohibiting the use of clothing and
equipment by off-duty officers in unregulated secondary employment subjects the
City to such fines and penalties.
2. General Concerns.
Fatigue
o Officers working long unregulated hours daily or weekly become fatigued.
Officers making critical high risk decisions while fatigued can create a serious
liability and safety risk to the officer and City.
Employment Conflicts
o The Department has received employee complaints that Department scheduling
decisions are influenced by secondary employment opportunities. Complaints
include allegations that officers employing other officers have retaliated against
their subordinates by refusing to employ disfavored officers and that officers
employing other officers receive favoritism from their supervisors, in exchange for
secondary employment opportunities.
Sick Leave, Comp Time, and Call Backs
o Employees may be using sick leave benefits at the end of a scheduled shift go to
work off-duty. Other officers may be using use compensation time to work off-duty
employment, on occasion, thus creating an unregulated overtime issue for the police
department to staff department needs.
Fairness
o Some employers, such as the school district, contract through the City for the
presence of uniformed officers while other employers do not.
Employee “Proposal” to EIRMC
o The Proposal appears to express the intent of the proposers to act as though they
were peace officers using City equipment but without specific City Council
authority approval to do so. The Proposal scope of services also includes “effort to
maintain police presence”. Unless the proposers are acting as peace officers, with
actual, legal authority from City Council to do so, this is entirely inappropriate (and
potentially unlawful).
3. Recommendations.
It is the desire of the Chief to allow officers to continue in off-duty employment while
protecting the City from liability. Therefore the Risk Management Committee and I are
making recommendation that current secondary employment practices of the police
department and its employees be replaced with policies very similar to the attached
“Assignment of On-Duty Uniformed Officers to Extra-Duty Customer Service”, and
“Secondary (Off-Duty) Employment, as soon as possible.
WORK SESSION PURPOSE: to advise Council Members related to the current risks and
liabilities associated with police off-duty employment and to discuss policy changes to reduce or
liability exposure to the City.
Approximate discussion time – 45 minutes.
COUNCIL AGENDA ACTION: For Council to make recommendation regarding police officer
off-duty employment and the City’s exposure to liability.
ATT: EIRMC Security Services Proposal
PDF- Hiring on-duty officers by private parties CLEAN 2
PDF - IFPD SOP – Secondary Employment 11.14.16 CLEAN
/as
McBride-011.2017
2-10-00.00 ASSIGNMENT OF ON-DUTY UNIFORMED OFFICERS TO EXTRA-DUTY CUSTOMER
SERVICE
2-10-00.00 PURPOSE
The purpose of this Policy is to establish guidelines to govern the hiring of on-
duty, uniformed IFPD officers by private parties. The policy for Secondary (Off-
Duty) Employment is located in 3-19-00.00.
2-10-01.00 POLICY
The Policy of IFPD is to allow private parties to hire on-duty, uniformed IFPD
officers for a fee paid directly to the City, where such hire is appropriate; it meets
the criteria established in this Policy; the employment does not unreasonably
increase the likelihood of negligence liability to the City; protects the welfare,
accountability, and efficient operation of IFPD, IFPD officers, the City, and the
community.
2-10-02.00 DEFINITIONS
A. Extra-Duty Customer
Any person or entity that hires, by payment to the City of the appropriate fee(s)
established by fee schedule and adherence to the conditions of this Policy, an on-duty,
uniformed officer employed by IFPD to provide a Law-Enforcement Related Service. Such
Extra-Duty Customer may be a public, private, commercial, for-profit, or non-profit
person or entity.
B. Extra-Duty Assignment
The provision of Law-Enforcement Related Service by an on-duty, uniformed officer
employed by IFPD to an Extra-Duty Customer.
C. Law Enforcement-Related Service
Service(s) provided to an Extra-Duty Customer by an on-duty, uniformed officer
employed by IFPD pursuant to such officer’s assignment or order by his/her commanding
officer, requiring the actual or potential use of law enforcement powers or skills, such as
traffic control, crowd control, or security; or guarding, patrolling, or protection of persons
and/or property.
2-10-03.00 PROCEDURES
A. The following terms, conditions, standards, and criteria shall apply to any and all
actual or potential Extra-Duty Customers.
1. Any person or entity seeking Extra-Duty Assignment of an IFPD police officer or
officers for private purposes shall submit a written request to the Chief at least thirty
(30) calendar days prior to the requested date on the form and in the manner
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required by the Chief. A request that is submitted in less than thirty (30) days to the
requested date on the form may be considered if it does not place undue burden on
the staff. Upon receipt of complete application materials and application fee as
established by fee schedule, the Chief or designee shall issue written approval or
denial of such Extra-Duty Assignment. Such approval or denial shall be issued to the
Extra-Duty Customer applicant in writing within twenty-one (21) calendar days of
receipt of complete application materials.
(a) Upon the Chief’s approval of such Extra-Duty Assignment and where
practicable, the Chief or designee shall prepare an estimate of fees for personnel,
equipment and/or materials to be paid by the Extra-Duty Customer for such
assignment, and the Extra-Duty Customer shall be required to remit payment to
the City in the estimated amount at least seven (7) calendar days prior to the
assignment. The estimate shall provide for the compensation and full benefits of
any and all employees, and the actual costs of any and all equipment or materials
used or provided. If the City’s actual costs exceed the estimate, the City shall
issue an invoice for the balance due, and the Extra-Duty Customer shall be
required to remit payment for the balance to the City within thirty (30) days. A
failure to timely remit all payments due to City shall subject the Extra-Duty
Customer to any and all available civil and administrative remedies, and shall
provide grounds for denial of future requests for Extra-Duty Assignments. Where
the service provided to an Extra-Duty Customer is likely to exceed thirty (30) days
(such as ongoing security at a hospital, business, or similar institution), the Chief
or designee may require a deposit and payment in thirty (30) day intervals.
(b) Upon the Chief’s denial or revocation of an application for Extra-Duty
Assignment, the applicant may appeal such denial or revocation to City Council by
filing a written appeal with the City Clerk within ten (10) calendar days of such
denial. The Clerk shall schedule such matter for hearing before the Council within
thirty (30) calendar days of receipt of the written appeal. The decision of the
Council on the matter shall be a final decision.
2. The required number(s), selection, and designation of any and all personnel
assigned to any the Extra-Duty Assignment or related detail shall be made exclusively
by the Chief or designee. One (1) IFPD supervisor shall be required for every three (3)
IFPD officers assigned to any Extra-Duty Assignment. All applicable fees for
supervisory personnel shall be paid by the Extra-Duty Customer.
3. As a pre-condition to Extra-Duty Assignment, the Extra-Duty Customer shall be
required to defend, indemnify, and hold harmless the City, its agents, employees, and
officers for any claim of liability for injury or damage related to the Extra-Duty
Assignment; and to waive any and all claims against IFPD and/or the City of Idaho
Falls.
PAGE 2 OF 6
No services to an Extra-Duty Customer shall be provided until the City Clerk
receives a copy of an insurance policy insuring the City against loss by reason of
liability for bodily injury, death, or property damage caused by or arising out of any
activity of an IFPD employee assigned to Extra-Duty. The City and its officers and
agents, including police department personnel, must be named as additional insured
under the policy provided. The amount of such insurance policy shall be no less than
one hundred thousand dollars ($100,000) for injury or death for one (1) person nor
less than three hundred thousand ($300,000) for injury or death to more than one (1)
person in any one (1) occurrence, nor less than twenty-five thousand dollars
($25,000) for property damage per event. If said policy lapses, is canceled, or
otherwise becomes ineffective or amended, services and assignments to an Extra-
Duty Customer shall automatically and immediately become void without notice to
the Extra-Duty Customer. No assignment of Extra-Duty shall be made until the lack of
insurance has been corrected. Said insurance policy or policies shall contain a clause
requiring that the City shall be given at least fifteen (15) days advance written notice
in the event of expiration, amendment, or cancelation.
4. In all matters pertaining to an Extra-Duty Assignment, neither the Extra-
Duty Customer nor any officer, employee or agent of the Extra-Duty Customer will be
deemed an employee of IFPD and of the City.
B. The following terms, conditions, standards, and criteria shall apply to IFPD officers
undertaking Extra-Duty Employment:
1. Approved Extra-Duty Assignment shall be considered to be a privilege
granted to a private party, not an entitlement. If, at any time during the term of
validly approved Extra-Duty Assignment, such Extra-Duty Assignment, any Extra-Duty
Customer, or any other circumstance or situation conflicts with this Policy or any
other Policy or interest of IFPD or the City; creates a safety liability, or security
concern; or is found by the Chief or designee not to serve the best interests of IFPD,
the City, or the public; such approval may be suspended or revoked without notice.
2. All normally and generally applicable IFPD and City policies, procedures, and
protocols shall apply to IFPD officers in the course of Extra-Duty Employment,
including, but not limited to, such policies regarding uniform, identification,
equipment, firearms, reporting, arrests, searches, and seizures.
3. Overtime due for Extra-Duty Employment shall be assigned, authorized,
monitored, and paid pursuant to all normally and generally applicable policies and
practices governing same.
PAGE 3 OF 6
4. Undercover officers or officers assigned to covert operations shall not be eligible
for Extra-Duty Assignment in a uniformed or other capacity, because such may
disclose the officer’s law enforcement status.
PAGE 4 OF 6
APPLICATION FOR EXTRA-DUTY OFFICER ASSIGNMENT
APPLICANT INFORMATION:
Applicant name: ________________________________________________________________
Applicant mailing address: _______________________________________________________
Applicant physical address: _______________________________________________________
Applicant phone number: _________________________________________________________
Applicant e-mail address: ________________________________________________________
Applicant seeks Extra-Duty Officer Assignment on behalf of (check one and complete):
Individual Driver’s License state and no.: ___________________________________
Organization Organization name: ___________________________________________
Mailing address: ______________________________________________
Physical address: _____________________________________________
Organization tax identification no.: _______________________________
Tax-exempt per 26 U.S.C. § 501(c)? Yes No
Corporation Corporation name: ____________________________________________
Mailing address: ______________________________________________
Physical address: _____________________________________________
Corporation tax identification no.: ________________________________
Partnership Partnership name: ____________________________________________
Mailing address: ______________________________________________
Physical address: _____________________________________________
Partnership tax identification no.: ________________________________
ASSIGNMENT INFORMATION:
Date(s) and time(s) of Assignment: _________________________________________________
______________________________________________________________________________
Requested duties to be performed by IFPD officers: ____________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Number of requested IFPD officers: ______________ IFPD supervisors (1:3): ______________
Location and address of Assignment: _______________________________________________
Assessor’s parcel number(s): ______________________________________________________
Current land use: _____________ Current zoning district: _____________
Applicant’s interest in property: Own Rent Other
Owner name: __________________________________________________________________
PAGE 5 OF 6
Other City and/or other government agency permits, date of issuance (+ attach copies):
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
ACKNOWLEDGMENT OF IFPD POLICIES REGARDING EXTRA-DUTY ASSIGNMENTS:
I, _____________________________, hereby acknowledge that I have read and understand
each all applicable IFPD Policy regarding Extra-Duty Assignments, and do hereby agree to comply
in every respect with the requirements thereof. I specifically acknowledge, without limitation,
that upon approval of this request, I shall be responsible for all costs incurred by the City of
Idaho Falls in the course and scope of the Extra-Duty Assignment, pursuant to City policy.
__________________________________________ ______________________________
APPLICANT SIGNATURE DATE
INDEMNITY AGREEMENT:
I, _____________________________, hereby agree to indemnify, save and hold harmless, and
defend the City of Idaho Falls, Idaho, from the expenses of and against any and all suits, actions,
claims, and/or losses of every kind, nature, and description, including costs, expenses, and
attorney fees that may be incurred by reason of any act, omission, neglect, or misconduct of
myself and/or the corporations or organizations, its agents, employees, directors, organizers or
operators of the use(s), activities, or events described or depicted in this application and/or the
supporting documents, and/or any participant therein.
__________________________________________ ______________________________
APPLICANT SIGNATURE DATE
IFPD INTERNAL USE ONLY:
Date request received: ___________________ By: _____________________________________
Check one: Request denied (attach written explanation)
Approved as requested
Approved with conditions (attach written explanation)
By: ____________________________________________________ Date: __________________
PAGE 6 OF 6
3-19-00.0 SECONDARY (OFF-DUTY) EMPLOYMENT
3-19-01.00 PURPOSE
The purpose of this Policy is to establish guidelines to govern the employment of off-duty
non-uniformed IFPD officers by someone other than the City.
3-19.02.00 POLICY
The Policy of IFPD is to allow off-duty or secondary employment where the officer employee
is in good standing with IFPD, and where such off-duty or secondary employment is
appropriate; meets the criteria established in this Policy; the employment does not
unreasonably increase the likelihood of negligence liability to the City; and protects the
welfare, accountability, and efficient operation of IFPD, IFPD officers, the City, and the
community.
3-19-03.00 DEFINITIONS
A. Secondary Employer
Any person or entity that employs for any service, labor, or position an off-duty officer
employed by IFPD. Secondary Employer may be a public, private, commercial, for-profit,
or non-profit person or entity.
B. Secondary Employment
The provision of any service or labor, or occupation of any position, by an off-duty officer
employed by IFPD to a Secondary Employer. This definition includes services provided
for monetary, in-kind, or tangible payment or benefit, services provided on an unpaid
basis, and services provided for an intangible payment or benefit. This definition shall
not include volunteer work undertaken by an officer for or on behalf of a charitable
organization that is non-law enforcement-related and where no uniform, weapon, or
badge is utilized.
C. Law Enforcement-Related Secondary Employment
Employment undertaken by an off-duty officer employed by IFPD pursuant to such police
officer’s formal or informal agreement with a Secondary Employer to do so, where such
employment is conditioned on, or typically requires as a substantial component of, the
actual or potential use of law enforcement powers or skills by the police officer employee
(such as traffic control, crowd control, or security; or guarding, patrolling, or protection
of persons and/or property).
D. Non-Law Enforcement-Related Secondary Employment
Employment undertaken by an off-duty officer employed by IFPD pursuant to such police
officer’s formal or informal agreement with a Secondary Employer to do so, where such
employment is not conditioned on, and does not typically require as a substantial
component of, the actual or potential use of law enforcement powers, equipment, or
skills by the police officer employee.
PAGE 1 OF 7
3-19-04.00 PROCEDURES
A. Conditions of Secondary Employment – All Types
The following terms, conditions, standards, and criteria shall apply to any and all
Secondary Employment, whether Law Enforcement-Related Secondary Employment or
Non-Law Enforcement Related Secondary Employment:
1. Prior to accepting an offer of employment from a Secondary Employer, the officer
shall complete form IFPD-28 and obtain approval by the Chief of Police by submitting
such form through the departmental chain of command.
2. An officer shall be eligible for approval for Secondary Employment only if he or
she is in good standing with IFPD. Continued eligibility for approval of Secondary
Employment shall be contingent on such good standing. Suspension or revocation of
Secondary Employment approval may be included as a term or condition of employee
discipline.
3. Officers who have not completed their probationary period shall not be eligible to
engage in Secondary Employment.
4. Upon approval of Secondary Employment, unless otherwise indicated in writing,
such approval shall be effective through December 31 of the calendar year in which
the approval is provided. An IFPD officer seeking to renew such approval shall do so
by submitting a new form IFPD-28 and obtaining approval by the Chief through the
departmental chain of command.
5. Permission and/or approval of Secondary Employment may be revoked where it is
determined by the Chief of Police that such Secondary Employment is not in the best
interests of IFPD or the City. Chief adjust the language to fit your needs
6. Upon denial or revocation of approval of Secondary Employment, the affected
IFPD officer may file one (1) written appeal to the Chief within ten (10) calendar days
of the date of such denial or revocation. The Chief will review the appeal and either
reverse or affirm the denial. If the Chief affirms the denial or revocation, the affected
IFPD officer may file one (1) written appeal with the Director of Human Resources
within ten (10) calendar days of the affirmation of denial or revocation. The decision
of the Director of Human Resources on the matter shall be a final decision.
7. An officer who is on medical, sick, or other leave due to illness, temporary
disability, or injury shall not be eligible to engage in Secondary Employment.
PAGE 2 OF 7
8. An officer may work a maximum of twenty-four (24) hours of Secondary
Employment per week, or a total of sixty (60) hours in combination with IFPD duty
per week.
9. Any work undertaken for or on behalf of a Secondary Employer shall occur while
the IFPD officer is off duty. No IFPD officer may utilize City resources of any kind for
any purpose related to Secondary Employment, including but not limited to City
uniform, badge, personnel, computers, printers, Internet access, e-mail, supplies,
financial resources, logo, name, City-issued or financed telephones, or fax machines.
All City-owned and City-issued equipment and assets shall be used solely for
advancing the City’s operational purposes and never for secondary employment.
10. Work hours for any Secondary Employment must be scheduled in a manner that
does not conflict with or interfere with the officer’s performance of his/her primary
duties and/or obligations to IFPD and the City.
11. A police officer who is on call for IFPD while engaged in Secondary Employment is
expected to, and shall, immediately leave his/her Secondary Employment in case of
call-out by IFPD.
12. Any IFPD officer making an off-duty arrest or taking any official police action while
engaged in Secondary Employment shall follow strictly any and all applicable policies,
procedures, and protocols regarding off-duty officer action.
13. IFPD officers approved for Secondary Employment expressly agree that their
personal financial records and/or time records may be requested and audited for
potential conflicts of interest at any time, including prior to providing approval for
Secondary Employment, during the course of Secondary Employment, and/or after
the conclusion of Secondary Employment. Failure to provide such records upon IFPD
request may result in denial or revocation of Secondary Employment, and discipline,
up to and including termination from City employment.
14. If, for any reason, an IFPD officer engaged in approved Secondary Employment
terminates his/her Secondary Employment or is terminated from such Secondary
Employment, such officer shall, within forty-eight (48) hours, submit written
notification of such termination to the Chief through the departmental chain of
command.
15. An IFPD officer engaged in approved Secondary Employment shall, within forty-
eight (48) hours, submit written notification of any material change in such Secondary
Employment, including, but not limited to, the number of hours, type of duties, or
demands thereof. Officers uncertain whether a change is material are required to
report such change.
PAGE 3 OF 7
16. Approved Secondary Employment is considered to be a privilege, not an
entitlement. Secondary Employment shall not be subject to any collective bargaining
process. If, at any time during the term of validly approved Secondary Employment,
an employee’s conduct or Secondary Employment conflicts with this Policy or any
other Policy or interest of IFPD or the City, such approval may be suspended or
revoked without notice.
B. Secondary Employment – Law Enforcement-Related
IFPD officers may engage in Law Enforcement-Related Secondary Employment where, in
addition to the general criteria for any Secondary Employment:
1. The Law Enforcement-Related Secondary Employment shall present no actual or
potential conflict of interest between the City employee’s duties as a law
enforcement officer and duties to be performed for a Secondary Employer.
Prohibited employment shall include, but shall not be limited to, the following:
(a) Employment as a private investigator within Bonneville County or any
county contiguous thereto.
(b) Employment involving the service or sale of alcoholic beverages for on-
premise consumption.
(c) Employment involving the sale, manufacture, or transport of alcoholic
beverages as its principal business (other than at catered events, weddings,
receptions, Beerfest, Octoberfest, Alive After Five, and the like).
(d) Employment as a process server, repossessor, or bill collector.
(e) Employment by a bail bond agency.
(f) Employment by a Secondary Employer who has been convicted of a
felony.
(g) Towing of vehicles.
(h) ny employment in which police authority is or may be used to locate
and/or collect money, persons, or merchandise for private purposes.
(i) Employment involving personnel investigations for the private sector.
(j) Any employment that does or may require access to police information,
files, records, or services.
PAGE 4 OF 7
(k) Employment that assists, in any manner, preparation of a case for the
defense in any criminal action.
(l) Employment that assists, in any manner, preparation of a case for either
side in a civil action or proceeding.
(m) Employment by or work for a business or labor group that is on strike, or
at the site of a strike, lockout, picket, or other physical demonstration of a labor
dispute.
2. The Law Enforcement-Related Secondary Employment shall not constitute a
threat to the status or dignity of law enforcement as a professional occupation.
Secondary Employment prohibited due to such threat shall include, but shall not be
limited to, the following examples:
(a) Any establishment that, as its principal business, sells pornographic books
or magazines, sexual devices or videos, or that otherwise provides entertainment
or services of a sexual nature.
(b) Employment involving the sale, manufacture, or transport of alcoholic
beverages as its principal business (other than at catered events, weddings,
receptions, Beerfest, Octoberfest, Alive After Five, and the like).
(c) Any gambling establishment.
3. The Law Enforcement-Related Secondary Employment shall not involve the IFPD
officer’s on-duty prestige or influence for private gain or advantage.
4. The Law Enforcement-Related Secondary Employment shall not involve the IFPD
officer’s receipt or acceptance of any money or other consideration from anyone
other than IFPD or the City for the performance of any act that the IFPD officer would
be required or expected to render in the course and scope of his/her employment as
an IFPD officer.
5. The Law Enforcement-Related Secondary Employment shall not involve the
performance of any act that may later be subject directly or indirectly to the control,
inspection, review, audit, or enforcement of any other IFPD officer or City employee.
PAGE 5 OF 7
OFFICER REQUEST FOR SECONDARY EMPLOYMENT
Officer requesting secondary employment: ___________________________________________
SECONDARY EMPLOYER INFORMATION:
Place of secondary employment: ___________________________________________________
Name of secondary employer: _____________________________________________________
Address of secondary employer: ___________________________________________________
Phone number of secondary employer: ______________________________________________
Is this Law Enforcement-Related Secondary Employment? Yes No
Duties to be performed in the course of secondary employment:
__________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
Dates and times of secondary employment: __________________________________________
______________________________________________________________________________
ACKNOWLEDGMENT OF IFPD POLICIES REGARDING SECONDARY EMPLOYMENT:
I, _____________________________, hereby acknowledge that I have read and understand
each all applicable IFPD standard operating procedures regarding secondary employment and
off-duty activity, and do hereby agree to comply in every respect with the requirements thereof.
I specifically acknowledge, without limitation, that the City of Idaho Falls, Idaho, shall not provide
benefits and/or coverage of any kind with regard to any injury and/or claim that I incur in the
course and scope of any secondary employment or other off-duty activity.
__________________________________________ ______________________________
OFFICER SIGNATURE DATE
PAGE 6 OF 7
SUPERVISOR USE ONLY:
Date request received: ___________________ By: _____________________________________
Supervisor recommendation: ____________________________ Date: ____________________
Date recommendation received: _________________________ By: _______________________
Check one: Request denied (attach written explanation)
Approved as requested; approval effective until: ____________________
Approved with conditions (attach written explanation)
PAGE 7 OF 7
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