Application Instructions
Permits are regulated by the San Jose Municipal Code. General Permit Procedures can be found under 8.16.
Permit Terms: The Secondary Employment Application Permit expires 1 year after issuance.
Instructions:
The Secondary Employment Unit (“SEU”) administers and monitors the approval process for all private and public entities that retain, employ, or contract with, or otherwise engage off-duty San Jose police officers or reserve officers to provide uniformed or non-uniformed security, patrol, private investigation or surveillance, traffic control, bodyguard, or other law enforcement or security related service (collectively “Private Security Services”). Pursuant to San Jose Municipal Code Chapter 8.16, each such entity is referred to as a “Secondary Employer” regardless of whether the relationship between such entity and the officers is that of employer/employee, customer/independent contractor, or other relationship.
In order for San Jose police officers or reserve officers to be eligible to provide your business with Private Security Services while off-duty, your business must become an approved Secondary Employer pursuant to San Jose Municipal Code Chapter 8.16. The purpose of the Secondary Employment Approval is to regulate businesses that are eligible to contract with off-duty officers to provide Private Security Services, in order to prevent officers from engaging in any off-duty work or occupation that may be detrimental to the officer’s service to the City, that may prevent or impede the efficient performance of the officer’s duties in his or her City employment, or that may in any way conflict with the officer’s employment by the City.
Completion of the following application, including execution of the Acknowledgment of Terms and Conditions of Secondary Employment Approval (“Acknowledgment”), the payment of the required fees and any applicable business tax required pursuant to Chapter 4.76 of the San Jose Municipal Code and the approval of your application by the Chief of Police, does not constitute an agreement or guarantee by the City of San Jose to supply your business with off-duty officers. Your business must contract with each officer individually, and it is up to the individual officer to decide whether he or she wishes to provide Private Security Services for your business.
The Secondary Employment Approval application must be fully completed and an authorized individual representing your business must sign the Acknowledgement.
The Application Fees can be located HERE.
*The following applicants are exempt from payment of the Secondary Employment Approval Fee:
- Persons or organizations using city owned or controlled facilities, including, but not limited to, the Convention Center, the Center for Performing Arts, the Montgomery Theater, the Civic Auditorium Complex, the Arena, the Repertory Theater, city park facilities, and at outdoor public property owned or controlled by the city (SJMC Section 8.16.090(B)(1)).
- Persons or organizations required either by city contract or by city permit or license to contract with or employ San Jose police officers or reserve officers as traffic controllers or private security guards (SJMC Section 8.16.090(B)(2)).
If you believe you are eligible for one of the two exemptions, please provide written proof under the "Documents" tab with your application. With respect to the first exemption, please include the name, title, and telephone number of the contact person for the city facility that you are applying to use so that we can verify that you will be using that facility. For the second exemption, please provide a copy of the city permit, license or contract that requires use of San Jose police officers or reserve officers.
The Acknowledgement is included under the "Agreement Signature" tab and must be signed as a requirement for your business to qualify for the Police Department's Secondary Employer Program. The indemnification provision contained in the Acknowledgement is a term and condition of the Secondary Employment Approval, SJMC Section 8.16.070(C). As a participant in the program, your organization will be included and named as an additional insured under a Law Enforcement Professional Liability Insurance Policy that covers the City, the off-duty police officers and you, and a certificate of insurance and endorsement naming you as an additional insured will be issued to you upon approval of your application. The insurance policy insures against claims and lawsuits alleging causes of action under state tort law and state and federal civil rights laws but does not cover workers’ compensation for officers who are injured while engaged in secondary employment. The last sentence of Paragraph #5 of the Acknowledgement states that the Secondary Employer may be required to indemnify and hold harmless the City, its officers, and employees for all damages, costs, attorney's fees, expenses, losses, or liabilities for workers compensation if an officer is injured while employed by the secondary employer.
Payment to Officers:
The standard hourly rate for all off-duty uniformed employment is $70.00 per hour with a minimum of 3 hours or $210.00 per assignment. The standard hourly rate for supervisors working in a supervisory capacity for these jobs will be $80.00 per hour with a minimum of 3 hours or $240.00 per assignment. In special circumstances where a Lieutenant position is required, the standard hourly rate will be $92.00 per hour with a minimum of 3 hours or $276.00 per assignment.
Secondary Employers will pay time and one-half on any assignment exceeding eight (8) hours. Officers will be paid double time on the following holidays only:
- New Year's Eve from 12pm – 12am
- New Year’s Day
- Thanksgiving Day
- Christmas Eve 12pm-12am
- Christmas Day
Payment of fees for services provided is due directly to individual officers. Notice of cancellation of services to be provided by officers must be given to each impacted officer at least 48 hours prior to the scheduled start time or the 3 hour minimum service fee will apply to each affected officer.
Payment:
Call the Permits Unit at (408) 277-4452 to make a credit card payment, Monday through Friday, 8:30 am to 3:30 pm. Note that all credit card payments will be charged an additional service fee.
To pay by check or money order, mail a check/money order payable to the City of San Jose to San Jose Police Department - Permits Unit, 201 W. Mission St., San Jose, CA 95110.
Click here for the current permit fee schedule
The San Jose Police Department - Permits Unit will contact you after the application has been reviewed. Please allow 3-4 weeks for processing.
Please be aware that we cannot process your Application until payment of the application fee is received and any applicable business tax required pursuant to Chapter 4.76 of the San Jose Municipal Code has been paid.