ROANOKE TIMES 
                      Copyright (c) 1996, Roanoke Times

DATE: Tuesday, October 22, 1996              TAG: 9610220096
SECTION: VIRGINIA                 PAGE: C-3  EDITION: NEW RIVER VALLEY 
DATELINE: NORFOLK
SOURCE: Associated Press


LAWSUIT WANTS OFF-DUTY POLICE TO STOP BEING SECURITY GUARDS

Four private security companies have filed a $2.3million federal lawsuit, hoping to stop off-duty police from hiring themselves out as security guards.

The suit, filed last month in U.S. District Court, named the state and seven localities as defendants, along with many of the sheriffs and police chiefs in the localities. They are accused of violating the Sherman Anti-Trust Act, a 106-year-old federal law that prohibits monopolies and price-fixing.

The suit claims officers and deputies put their government employers at risk of being sued because they wear municipal uniforms and use city equipment, including police cruisers, while working off duty.

The suit also claims price-fixing of rates ranging from $15 to $23 an hour for off-duty services.

``Our people can't afford to pay their employees that,'' said John Hart, the Virginia Beach lawyer representing the plaintiffs.

Security firms generally charge a business $10 to $11 an hour. Between $5 to $6.50 is paid to the employee, Hart said.

While the firms' fees are lower, off-duty police officers and sheriff's deputies can be considered more desirable for jobs, because people tend to respect their authority more than a security guard's, he said.

The plaintiffs include American International Security Specialists Inc. of Virginia Beach; Coastal Security Services Inc. of Virginia Beach; Command Force Security Inc. of Virginia Beach; and Municipal Security Services Inc. of Chesapeake.

The defendants are the cities and law enforcement officials in Norfolk, Newport News, Hampton, Virginia Beach, Chesapeake, Portsmouth and Richmond.

Hampton City Attorney Paul Burton said the practice of allowing off-duty officers and deputies to work as security guards ``has been done by the departments for a number of years and has proven to be successful.''

Bob Cappello, owner of American International, said the practice has damaged his business ``to the tune of $2million over four years.''

Cappello said he does not want officers to lose supplemental income, but he wants them to work for a security company if they want to do off-duty security work.


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