2014年8月3日 星期日

美國警察 Moonlighting (兼差) 問題探討

美國警察局大多准許員警下班時著制服擔任私人公司、夜總會、馬戲團、社區警衛等私人保全,因為如此可以增加見警率,降低犯罪率,加速處理案件時間, 而下班後到私人機構加班擔任警衛,可以協助維持治安,薪水不用政府支付,也可降低財政負擔。1993年我在美國密西根 Lansing Police Department 實習時得知美國警察允許 moonlighting (下班兼差),便覺得很新鮮。

例如,蘭莘市警局社區警察有部分薪水是社區住屋委員會支付,所以社區警察也要兼社區警衛工作。兼差可增加收入,因此美國警察十分樂意去私人公司兼差當班,美國警察局因為經費短缺,一般都無類似台灣的超勤加班費,想賺外快只有到私人公司兼差當班。

美 國警察雖可兼差,但並非想去就能去,兼差也需機關核准,未經核准的兼差將受警局嚴重懲處,甚至開除。美國警察兼差的工作以著制服的警衛工作為主,並非如同 一般人所想的想做什麼就能做,也不是去私人公司就穿著他們的制服。例如台灣常見的某某團體辦理嘉年華會、園遊會或繞街活動,在美國的話若請警察擔任秩序維 護的警衛則要付費給警局,再由警局轉發給執勤員警。

兼差也會衍生許多問題,例如對第二個老闆會產生忠誠認知錯亂問題,且在私人公司上班有時也會有私人不檢點的情形出現。因此如同以下美國文作者所說,該局後來禁止在夜總會兼差。

美 國人講求實事求是的,每個警察局都是各自獨立的,有自己的一套政策。對於兼差這事來說,他們是正面看待的,明確訂定政策,只要機關核准,是准許穿制服兼差 的,如此可避免明的說不得兼差,暗地裡卻經營商業帶來的問題更多,而且制服警察的出現,對治安的確有所幫助,不論警察維護的是公安 public security 或私安 private security。

台灣警察不是沒有維護私人企業與活動安全的情形,只是大多 不收費罷了。例如民間團體辦理活動、婚喪喜慶的交通秩序維護,還不是動用大批警力協助。但除了護送炸藥此類勤務民間企業主動提供籌勞外,其他私人團體的交 通管制勤務是沒有酬勞可拿的,這點與美國不同。美國警察公私分得很清楚,民間私人行號與團體請求警察協助維護安全與秩序,基於使用者付費原則,是要付費給 警察的,否則他們也可以去請私人保全,但花同樣的錢請私人保全倒不如請警察來得有效。

台灣民間民間團體公司行號有需要請警察協助,警察不可收費,也不用付任何酬勞給警察,警察成了免費的保全人員,維護私安要動用公安,卻可以不用付費,這對美國警察來說是件很奇怪的事情。由此可見中美兩國警察制度的確有很大的不同。


Fla. chief: No more off-duty work for cops at nightclubs Police Chief Dan Oates' announcement sparked immediate outrage from the city's union leaders
July 16, 2014

Source:http://www.policeone.com/chiefs-sheriffs/articles/7376896-Fla-chief-No-more-off-duty-work-for-cops-at-nightclubs/

By Charles Rabin and Christina VeigaThe Miami Herald
MIAMI — Miami Beach's police chief has put a stop to lucrative off-duty assignments for officers at more than a dozen nightclubs, as the city investigates whether one of his sergeants was drunk while on detail.
Police Chief Dan Oates' announcement sparked immediate outrage from the city's union leaders, who called it a "knee-jerk" reaction that will only serve to tax an already stressed-out police force even further.
Club owners, however, gave a lukewarm response to the news, saying they will adjust. The new policy goes into effect Aug. 1, giving club owners some time to find alternative private security.
"I am convinced that we need more safeguards and tighter rules before we can consider allowing this kind of work to resume," Oates wrote in a prepared statement, saying that command staff will also seek input from club owners on how to move forward.
Sgt. Mike Muley was relieved of duty Monday after an anonymous 911 caller complained he was intoxicated while working an off-duty shift at Mango's Tropical Cafe — marking at least the fourth time a Beach cop had been accused of being drunk or drinking while in uniform over the past three years.
The incident also comes just a month after an outside audit of the department policies recommended that the city change the way it assigns off-duty jobs to officers because of the likelihood of an officer developing "a sense of allegiance to a secondary employer and choose to ignore their sworn duty in order to protect a source of steady, supplemental income."
That income can be lucrative: Miami Beach police work 85,000 hours of secondary employment a year, the report noted, which is equal to 41 additional full-time officers in uniform. A starting cop on Miami Beach makes $49,000 a year. The clubs pay officers $45 an hour, with $10 of that hourly wage going to city coffers. Off-duty income also bolsters an officer's future pension.
Oates — at the department's helm only a month, and brought in to clean up a series of nationally embarrassing incidents in the department in recent years — wouldn't comment any further than his prepared statement.
His decision was not received well by the Fraternal Order of Police.
"Residents should be up in arms," said FOP President Alex Bello. "This is less patrol time in your neighborhood because we're going to be called to nightclubs."
The chief's new edict will cause a drain on resources and cost the city more money, Bello said, because the thousands of calls a year for police assistance at the nightclubs now will have to be answered by the city's 289 patrol officers — depleting resources from residential neighborhoods.
"I think it's a knee-jerk reaction to an incident we haven't concluded yet," he said.
The new policy shouldn't be a problem, as long as the police department dedicates enough resources to the tourists who flock to South Beach, said Mango's owner David Wallack. The front of Mango's opens up on busy Ocean Drive.
Cops are much more effective than private security, Wallack said.
"The mere presence of a uniformed officer ends 95 percent of any problem — with a smile," he said.
Opium Group partner Roman Jones, who owns beach hotspots the Cameo Theater and Mansion Nighclub, said his company stopped hiring off-duty officers a few years ago because the city cops responded so quickly to calls. His clubs now use private security.
Jones said hiring off-duty police gives the city some financial relief and has the same effect as having private security.
"The uniform officer is a great deterrent," Jones said.
Miami Beach has not made a major change to its police department's off-duty policies since 2003 -- after an officer was arrested on felony charges of stealing money from club owners and officers for coordinating off-duty jobs.
Several other officers were disciplined after an investigation discovered they collected pay for jobs they hadn't performed, or had taken home more than the maximum weekly pay allowed for off-duty shift coordinators.
In the wake of that scandal, the city stopped allowing employers to pay officers directly for off-duty shifts.
Meanwhile, Muley — who was hospitalized for undisclosed reasons — remains on suspension while the department conducts an investigation into the incident at Mango's.
And though he has received commendations on- and off-duty over the years, he also has seen his share of trouble while in uniform.In 2011, Muley was suspended after another cop accused of being drunk on duty ran over two beach-goers while giving a bride-to-be a joyride on a police all-terrain vehicle.
Muley was a sergeant on duty that night. He eventually got his stripes back. But Officer Derek Kuilan — who drove the ATV — recently was sentenced to 18 months in prison.
Ironically, six years ago, another Miami Beach officer also was suspended after being accused of drinking on the job at Mango's.
Eduardo Macias was wearing his uniform when he fell victim to a police sting operation after a woman complained he fondled her after pulling her over for a DUI test. He asked the woman for her number and she agreed to meet him at Mango's, where police said he downed two Cape Codders, a concoction that includes vodka, cranberry and lime juice.
In 2012, Officer Michael Veski was accused of drinking a beer while riding as a passenger in his own marked squad car. He was off-duty at the time.
McClatchy-Tribune News Service
Copyright 2014 The Miami Herald

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