Why Churches Need a Contract with Off-Duty Police Officers

1. Understanding Insurance Gaps for Off-Duty Officers

Off-duty (or “moonlighting”) officers are not always covered under the same insurance policies as when they are on duty. This means that if an incident occurs, liability may not fall under the officer’s police department coverage.

Many church insurance policies also exclude liability for contract workers, particularly those performing security or law enforcement duties. This can leave both the officer and the church vulnerable to financial risk.

A good starting point for addressing these issues is reviewing resources like the Fraternal Order of Police Moonlighting Program from Hylant. This program provides liability coverage for officers working off-duty and can help ensure both the church and the officer have adequate protection.

2. Why a Written Contract is Essential

It may feel natural to hire an off-duty officer informally, especially if they’re a trusted member of the community. However, without a written contract, misunderstandings and legal complications can arise. A well-defined contract should:

• Clearly Outline Duties – Specify whether the officer is responsible for crowd control, parking assistance, or property monitoring.
• Establish Liability Boundaries – Define who is responsible if injuries or property damage occur.
• Address Workers’ Compensation – Confirm whether the officer is covered under their department’s policy or if additional coverage is needed. Many church policies exclude workers’ compensation for contractors, which can create financial risk if an officer is injured.

A written agreement provides clarity, reduces liability, and ensures both parties understand their responsibilities.

3. Requiring Professional Liability Insurance

Many church insurance policies exclude law enforcement-related liability for contract workers. This means the off-duty officer’s own insurance must fill in the gap.

Your contract should require the officer to carry professional liability insurance with the following key provisions:

• Certificate of Insurance – The officer must provide proof of an active and adequate liability policy.
• Primary and Noncontributory Language – The officer’s insurance should be the primary source of coverage, and it should not rely on the church’s policy for additional protection.
• Workers’ Compensation Details – If the officer’s department does not cover off-duty work, determine whether your church’s insurance can provide coverage.

Clarifying these points in the contract can prevent costly legal disputes and financial surprises.

4. Insisting on Proof of Coverage

Before allowing an officer to begin working:

• Obtain a Certificate of Insurance – Ensure it explicitly covers professional liability for law enforcement duties.
• Confirm Additional Insured Status – When possible, have the church listed as an “Additional Insured” to receive updates if the officer’s coverage changes.
• Document Exclusions – Understand what the officer’s policy does not cover to avoid unexpected liabilities.

These steps provide an added layer of security and transparency for both the church and the officer.

5. Protecting the Church’s Mission and Reputation

A well-structured contract not only mitigates financial risk but also helps safeguard the church’s mission and reputation. It ensures:

• Financial Stability – Avoiding unexpected costs that could disrupt ministry efforts.
• Trust and Transparency – Demonstrating good stewardship to the congregation by handling security responsibly.
• Legal Protection – Reducing the risk of lawsuits or reputation-damaging disputes.

A proactive approach shows leadership and accountability in ensuring a safe environment for worship and community activities.

6. Practical Steps to Implement a Contract

If your church hires off-duty officers, follow these steps to ensure a legally sound and well-structured agreement:

• Consult Legal and Insurance Experts – Work with a church attorney and insurance broker to draft or review the contract.
• Review Your Current Policies – Identify any exclusions in your church’s general liability and workers’ compensation policies.
• Utilize Specialized Insurance Programs – Consider options like the Fraternal Order of Police Moonlighting Program to fill coverage gaps.
• Vet Officers Thoroughly – Verify licenses, training, and insurance coverage before hiring.
• Set Annual Reviews – Renew contracts and update proof of insurance annually to keep protections current.

By taking these steps, churches can build strong, legally sound relationships with off-duty officers while minimizing risks.

Final Thoughts

Hiring off-duty police officers for security can be a great solution for churches, but it requires careful planning. Because most church insurance policies exclude professional liability for contract workers, a written contract is essential.

By ensuring that the officer carries professional liability insurance with primary and noncontributory coverage, and by clarifying workers’ compensation details, churches can protect themselves from financial and legal risks.

With the right safeguards in place, churches can focus on their core mission—serving their congregations and communities—without being blindsided by hidden liabilities.