Police sue to keep 2nd jobs | Maryland Gazette (HometownGlenBurnie.com)

The July 11 lawsuit - which also names county police Chief James Teare, Sr. and the county's ethics commission - was filed about a week after the police chief announced a policy change banning officers from working in any establishment that sells liquor effective July 13.

The change meant that any officers with side jobs at restaurants and similar businesses would have to leave the position - and the extra income - behind even if they'd been approved to work there in the past.

Chief Teare rescinded that policy change the day the lawsuit was filed, pending the county Circuit Court's decision. He was not available for comment before press time.

O'Brien Atkinson, president of the county's Fraternal Order of Police, said the policy change was unreasonable and would affect dozens of county police officers who rely on their current side jobs for the extra cash.

He said the change puts these officers in a predicament as several of them have families and have refinanced their homes based on their supplemental income.

"They (the ethics commission) just think police should just do their job, do their shift work, and not work any extra hours," Mr. Atkinson said. "That would be fine in a perfect world where police officers are paid enough money to support their families - but that is not always the case."

To speed up the court process, the county's FOP sued on behalf of Cpl. Thomas Middleton, who has served the county police department for 15 years.

"He's not the only officer affected, obviously, but he was the one officer who happened to be at the meeting that raised his hand and said, 'Hey. I cannot afford to have this happen to me,' " Mr. Atkinson said.

According to court documents, Cpl. Middleton is a father of six, and is the sole income provider in his home.

Since 2003, he has worked a second job at TGI Friday's, at 7655 Arundel Mills Blvd, earning about $14,000 in 2006 and more than $8,500 this year alone. Since late 2006, Cpl. Middleton has worked at Jasper's, at 1651 Route 3 in Crofton. That job has earned him $1,800 to date.

Cpl. Middleton's employment at both restaurants has always been approved, under the police department's policy.

That policy - put in place in March 1994 - states that secondary employment may be approved in businesses which sell or dispense alcoholic beverages, providing the business is not a tavern, the sale of alcohol is not the primary service of the business, the officer does not perform services like checking identification or taking bouncer-type positions, or the officer will not sell, serve, nor handle alcohol in any fashion.

Cpl. Middleton never broke any of these guidelines while working at TGI Friday's and Jasper's, according to the lawsuit. And until this month, his secondary employment was never a problem.

But there is a problem, according to Betsy Dawson, executive director of the county's ethics commission.

The police department's policy does not comply with an "opinion" issued by the ethics commission in 1999.

That opinion advised that a police officer may not be employed by a restaurant where liquor is served for consumption on the premises.

Ms. Dawson submitted the opinion for a second time July 2, in a letter to Chief Teare. The police chief announced a policy change the following day.

"In brief, the Commission's opinion states that police officers may not engage in secondary employment in any establishment where liquor is sold or served, regardless of whether the establishment's primary business comes from the sale of food as opposed to alcohol," the memorandum said. "...The police department respects the opinion of the Ethic's Commission and will not permit police officers to work as private security for any entity that is a liquor license."

Mr. Atkinson said he wants the ethics commission to back off or for county government to create legislation allowing for police officers to work where the chief deems appropriate.

"The Law Enforcement Officer's Bill of Rights gives the chief the full ability to approve or deny secondary employment and for the ethics commission to say they make that call is wrong," he said.

He said taking officers away from their security jobs at places like Arundel Mills Mall - where several work for restaurants that sell alcohol - is a dangerous call.

It means officers won't be there to break up fights in parking lots and handling similar calls for service. They cannot patrol events such as the Renaissance Festival, which operates under a liquor license.

"The number of officers on the streets working secondary jobs saves the taxpayers hundreds of thousands of dollars in payrolls and taxes," Mr. Atkinson said. "This is just so stupid on so many different levels."