June 3, 1981
Subject:
Public Officers and Employees; Off-Duty Policeman as Security Guard.
Requested By:
Mr. A. D. Ward City Attorney New Bern
Question:
May a member of the New Bern Police Force accept off-duty employment as a security guard for an airline that uses the facilities at the Craven County and City of New Bern Airport?
Conclusion:
Yes.
The Legislature announced its intention to lessen the control on outside employment of police officers when it enacted G.S. 160A-284. In the present case, you state that the off-duty police officer will perform security guard duties on an individual basis for Mid-South Airlines, an airline carrier operating under an agreement with the Simmons-Nott Airport authority, an authority that leases the jointly owned Craven County and City of New Bern Airport. If the offduty police officer carries no firearm and provides security guard service on an individual employer-employee basis for Mid-South Airlines, the Airline would not have to comply with the requirements of the Private Protective Services Act, as set forth in G.S. 74C-3(6). Conversely, if Mid-South Airlines requires that its employee security guard carry a firearm, the Airline would be required to register him as a proprietary guard and provide him with a firearm pursuant to the provisions of G.S. 74C-13 as implemented by Title 12, Subchapter 7B, Section .0700 of the North Carolina Administrative Code.
Rufus L. Edmisten Attorney General
Thomas B. Wood Assistant Attorney General