The challenges associated with investigating officers’ off-duty employment—and determining whether it is in conflict with their on-duty job responsibilities—is not new. What is new is the emergence of a new type of off-duty work in which officers are generating income online for paid subscribers only. What makes this work distinct is that it lends itself to the defense, in the face of a disciplinary action, that the work performed was not created for public consumption but only for the subscribers “behind the paywall”.  

While legal challenges to the agency’s regulation of work “behind the paywall” are in many ways an extension of the contention that officers’ private lives are not relevant to their professional obligations, this development likely requires a renewed discussion of investigations involving off-duty conduct. 

As internal affairs investigators and agency leaders seek to protect the integrity of agency operations and maintain the public trust, it is vital to consider the investigative and disciplinary options available under the law.

In this webinar, Attorney Matt Dolan will address issues including:

• Conduct Unbecoming an Officer policy violations—back to basics
• Examining any potential nexus to on-duty activity
• Avoiding the unlawful infringement of officers’ First Amendment rights