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I WAS WRONG!
I have a confession to make having to do with one of the most important liability factors in ministry.
For years I made statements and published the misinformation of the following:
“When hiring Off-Duty Police the liability falls on the agency or municipality they work for.” WRONG!
Before this realization we pictured unlimited coverage by law enforcement agencies and their municipalities while on Off-Duty work. I was Wrong.
How I found out: I was doing research on what the local police and Sheriffs charge for Off-Duty work and who holds the liability?
While this does not include ALL agencies, what I found was an industry where the larger police departments have realized the workforce management issues and contracted with Off-Duty management services essentially through licensed Private Security Companies that carry all the same insurance policies as regular commercial guard insurance like Gatekeepers Security Services. They charge a base rate for the security services and then add a fee on top just like regular security companies. Withholding Workmen’s Compensation, Federal, state unemployment and payroll tax withholding, etc. Just like a normal employee.
Liability doesn’t touch the LEO agency; it is the third-party liability insurance that is required by private security regulations.
It all depends on the agency’s Off-Duty polices.
Directly hiring Law Enforcement Officers:
While it is still possible, and legal as far as I know, for a church to contract with and directly hire Law Enforcement Officers. The rate is set by individual officers and 1099’d each year with no taxes taken out.
While this is the policy of most small agencies/police departments, it is seldom divulged that the individual Officer carries the liability and not the department. Some officers carry some type of personal liability insurance.
Hiring through third party security companies:
Here are a few of the larger police department and their rates.
Richardson, TX police department uses a company “RollKall” -regular rate $60 per hr, 4 hr min
Denton County, TX – Sheriff – uses “Extra Duty Solutions” – regular rate - $71.83 per hr, 4 hr min
Plano, TX - uses “Extra Duty Solutions” - Regular Rate -$67.98. Traffic - $73.64 hr, 4 hr min
Here is the Google Ai write up on the subject of “Is it legal to hire Off-Duty police?”
Yes, it's generally legal to hire off-duty police officers directly for certain tasks (like event security, funerals, traffic control), but it's often regulated, requiring departmental approval, and carries significant liability, making third-party booking services or the officer's department often preferred for managing risk and ensuring compliance with local policies, as officers remain bound by law enforcement duties.
How it Works & Key Considerations
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Departmental Approval is Key: Most police departments have specific procedures (often through online portals or coordinators) for hiring off-duty officers, requiring pre-approval for the assignment to ensure it aligns with policy and doesn't conflict with public duties.
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Legal Authority Applies: Even when working privately, officers retain their law enforcement authority, meaning they can enforce laws, but this also creates risks, as actions beyond lawful enforcement can lead to civil rights violations and lawsuits for both the officer and the hiring entity.
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Liability Concerns: Direct hiring without proper insurance and management can be a "liability minefield" for businesses, as standard policies often don't cover law enforcement actions, potentially exposing the business to significant costs if an incident occurs.
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Services Offered: Common uses include event security, funeral escorts, traffic management, and personal protection, but services like private investigations are usually excluded.
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Payment: Payments often go through the department or a third-party service, though some local rules might allow direct payment to officers, with set hourly rates and minimum hours.
In conclusion I will have to amend my information to reflect the changes we have found.
Do it Right or Don’t Do IT! Church security is NOT all about how to minimize training time to a few on-line hours. It is not about finding the least cost way of having a team made up of minimally trained LTC volunteers covered only by some “Self-defense legal coverage” or minimally covered “insurance rider”. Security is a occupation not a hobby. Get the professional training, certification, licensing and corporate liability coverage that our Gatekeeper Program gives your church, your staff and volunteers.
Our Gatekeeper Program © which uses your trained church/ministry volunteers and staff turned TX State licensed Security and Personal Protection Officers to provide security at only 20% of the cost of local Police while having the same liability coverage.
Click Here to Download the program brochure: https://gatekeeperstx.com/wp-content/uploads/2024/11/gatekeepers-brochure.pdf
Call us for more information. (214) 305-5616
The previous applies to Texas to the best of my knowledge. If you have something to add, please let me know.
Chuck Chadwick
President
Gatekeepers Security Services
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