See cops working security at Tacoma grocery stores? Here’s why and what policies allow

In our Reality Check stories, The News Tribune journalists seek to hold the powerful accountable and find answers to critical questions in our community. Read more. Story idea? newstip@thenewstribune.com.

If you’ve gone on a grocery run in Tacoma lately, you might have seen uniformed police officers working security at the store. What gives? Can a guy pick up some snacks without a chat with the law?

Well, yes, so long as you paid for those Tim’s chips instead of stuffing them under your shirt. In recent months, Pierce County Sheriff’s Department deputies and police officers from as far as the Tri-Cities have been working off-duty security for Walmart, Fred Meyer and the Tacoma Mall.

After a reader reached out to The News Tribune to ask why they were seeing cops at their local grocer, we contacted the Sheriff’s Department and the Tacoma and Lakewood police departments to learn what their policies are on officers doing off-duty work for a business.

None of the three departments have entered into contracts with the stores. The Tacoma Police Department’s special events Sgt. Jason Mills said Fred Meyer and Walmart have instead been using security companies such as Off Duty Services to hire guards. None are Tacoma officers, according to the department, but Mills said some guards, particularly at Walmart, are police officers from places like Yakima and the Tri-Cities.

Sheriff’s Department deputies have been picking up off-duty security work at the Tacoma Mall, Fred Meyer and Walmart, according to a spokesperson.

That means the guard you see could be a so-called rent-a-cop — who might be licensed to carry a firearm — or a person certified as a law enforcement officer in Washington state who is working off duty. How to tell the difference? Their uniform badge and patches are a good giveaway, according to TPD’s public information officer, detective William Muse. He said security guards will also have the words “SECURITY” on their vest carrier, while law enforcement officers will have the words “POLICE” or “SHERIFF” on their uniforms.

“Nonetheless, they’re there for your safety,” Muse said. “They don’t want people stealing stuff. They want to be there as a deterrent.”

Law enforcement officers who are working security off duty still maintain their authority to make arrests and use lawful force. Muse said if an officer saw a person hiding a power drill under their jacket, for example, that person could be arrested, and the officer would call for backup to come transport them to jail, allowing the officer working security to remain at the business.

Officers working security can’t turn a blind eye to crimes happening nearby, Muse said. If a police officer working security at the Walmart in Central Tacoma and there was a robbery at the McDonald’s across the street, the officer couldn’t ignore it just because they’re working for Walmart that afternoon.

“We have a duty to respond,” Muse said.

In the case of retail thefts or shoplifting, having law enforcement officers working off-duty doesn’t necessarily mean arrests are going to be made. Sheriff’s Department spokesperson Sgt. Darren Moss said shoplifting is a misdemeanor, and it’s not an offense that requires a mandatory arrest and citation. He said he knows a deputy who has been working off-duty at Fred Meyer stores in Tacoma, and the business has sometimes had him stop thefts in progress but not take further action.

Moss said it’s up to the business to decide how it wants to deal with each incident.

“If you have a kid shoplifting and there happens to be a police officer working off-duty, that doesn’t mean we’re taking your kid to Remann Hall for misdemeanor theft,” he said.

Here are more details about each department’s policies for off-duty work:

Pierce County Sheriff’s Department

Sheriff’s Department deputies are required to fill out a request form that is submitted through their chain of command to the employee’s bureau chief. The requests are expected to be renewed monthly. Typically, requests are only denied if the deputy is in bad standing, according to Moss.

Authorization to work off-duty allows deputies to be in their department uniform and drive their patrol vehicle, Moss said. According to policy, deputies have to notify the duty sergeant of their off-duty work an hour in advance of the shift, including the equipment he or she will have, where they will be employed and any dangers that might be relevant. Deputies or the sergeant also have to notify South Sound 911 and dispatchers.

There are certain businesses where deputies are not allowed to work as security officers, per department policy 1036. Generally, that means “any occupation of a nature which would tend to lower the dignity of the police service in any manner.”

Specifically, that includes employment with any connection to towing vehicles, performing tasks other than those of a police nature, any place where gambling is done and any business that sells or produces marijuana products. Deputies can’t work at taverns or cocktail lounges, except when approved by the Sheriff on a case-by-case basis.

Also prohibited is off-duty work for private investigating, bill collecting, as a bail bondsman or assisting the defense in a criminal matter. Deputies can’t work off-duty security at the place they live such as an apartment complex, and they aren’t allowed to receive a rent reduction or any other compensation because they are a Sheriff’s Department employee. However, deputies can still work off-duty at an apartment building where they don’t live.

Additional provisions include not working more than 24 hours a week off duty, with an exception for work at the Washington State Fair in Puyallup. In that case, deputies can’t work more than nine straight days at the fair while also working their regular assignment.

Tacoma Police Department

In Tacoma, police officers have to complete an off-duty employment permit for each separate work opportunity, which is approved by their division commander, according to department policy. Like the Sheriff’s Department, police department vehicles can be used for off-duty work if approved, but the policy notes that the department’s operational needs and availability take precedence.

Police officers working off-duty also have to notify South Sound 911 of the details of their shift. South Sound 911 is Pierce County’s emergency communications agency, which relays 911 calls from the public to fire departments and police.

Tacoma officers also have restrictions on where they can work off-duty jobs. The policy is very similar to the Sheriff’s Department, prohibiting employment that would tend to lower the dignity of the police service. That includes jobs connected to towing vehicles under city contract, private investigating, assisting in defense of a criminal matter or any employment where police authority might be used for private purposes of a civil nature, like bill collecting.

Officers also can’t be employed at a work site where there is a labor dispute involving a strike, and they aren’t allowed to work in a police capacity at an apartment complex where they live.

Establishments like taverns and bars are a no-go, but there are different rules for nightclubs and lounges, where officers can be employed off duty to conduct “profile patrols” in the immediate vicinity outside the business. Officers can use their patrol vehicle if they and the establishment sign forms regarding the guidelines of that work.

In those cases, officers aren’t allowed to stand post inside or near the doorway of the business, and they can only enter to respond to an emergency, at the request of the employer or to conduct high-profile security checks.

Lakewood Police Department

Lakewood’s policies aren’t much different, but the collective-bargaining agreement between the police union and the city largely governs what’s allowed. Department policy only states that off-duty employment is available when the city contracts with private and public entities to provide police-related services.

The policy makes a distinction between this kind of work and off-duty work where officers are paid by an outside employer who doesn’t anticipate the use of law enforcement powers.

For work in a law enforcement or security capacity, police officers have to obtain authorization from the chief of police through their chain of command, according to the collective-bargaining agreement. The chief can deny any employment that interferes with the efficiency of law enforcement and public safety, interferes with the employee’s regular duties or detracts from the image of the police profession.

Lakewood Police Department spokesperson Sgt. Charles Porche said none of LPD’s officers are currently working security jobs.

To work off-duty security outside of Lakewood, officers must have authorization from Lakewood Police Chief Patrick Smith, the collective-bargaining agreement and the chief law enforcement officer in the jurisdiction where they are working.

Off-duty work connected to a tow company, bail bondsman, taxicab or ambulance company is not allowed. So is work in a lounge, tavern, gaming establishment or nightclub where alcohol is served. Exceptions can be made by the chief for businesses listed as “high crime bars,” but off-duty officers can only work in the parking lot. According to the police contract, only on-duty officers will go into bars in response to ongoing crime or as part of bar checks or sweeps.

The police contract does not appear to cover whether Lakewood officers can wear their uniforms when working off-duty security for an outside employer. However, if they are working off-duty security as a result of a contract between the city and a private or public entity, they are required to be in uniform, and they are allowed to use city equipment. Patrol vehicles are only allowed when that is included in the city’s agreement with the contracting organization.