As used in this article, the following terms shall have the
meanings indicated:
Regular, permanent regular police officers of the Police
Department of the Township of Mansfield that are being hired by a
private employer to provide security-related and traffic-control services.
Any entity, public or private, other than the Township of
Mansfield, that is hiring an employee, as defined herein, to provide
security-related and traffic-control services for the private employer's
business, project, or function.
The Township of Mansfield.
A.
Employees of the Township's Police Department, whether they
be full-time or part-time, are expressly authorized to engage in security-related
and traffic control services during their off-duty hours for private
employers, so long as arrangements therefore are made through the
Township, the duties will not interfere with or detract from their
primary employment with the Township and any compensation paid to
the employee for such service is channeled through the Township.
B.
Officers performing such off-duty services are authorized to wear
an appropriate Township uniform, as directed by the Chief of Police.
C.
The authorization provided for in this article shall apply only to
off-duty security-related and traffic control activities provided
for private employers consistent with the employee's responsibility
and training for his Township employment.
D.
In granting this authorization, the Township assumes no responsibility
or liability for the actions or nonactions of its officers while in
off-duty private employment. Notwithstanding this disclaimer, in the
event that an employee, while performing services contemplated under
this article, is required to return to "on-duty" status (such as a
police officer witnessing an illegal act or becoming involved in an
arrest or other police function), then, and in that limited event,
the Township shall be responsible for the actions of its officers
while in off-duty employment. Nevertheless, this indemnification provides,
to the fullest extent permitted by law, that the duty of the private
employer to defend and hold harmless shall remain in full force and
effect such that should a situation arise during the course of the
provision of services hereunder directly related to those services,
the private employer shall defend the Township and its officers, hold
them harmless, and indemnify them from any claims arising from their
actions.
E.
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this article that off-duty work
authorized by this article shall entitle police of the Township of
Mansfield to coverage under the Police and Fireman's Retirement
System where they are injured during off-duty or outside employment
under the scope of this article. Both the Township and the members
of the Township's Police Department are familiar with these memoranda
and, because they will be ultimately subject to departmental discipline
and control, and because they are ultimately paid by the Township,
they are considered in accordance with the February 1990 memorandum
to be covered for injury or death that may occur while performing
those duties.
A.
Any private employer desiring to retain the services of officers
of the Township for extra-duty activities shall be required to enter
into a contract with the Township. Except in cases of bona fide emergency,
no assignment to extra duty may be made unless, prior to the assignment,
the private employer or public entity has executed a contract for
the services and has made the required deposit pursuant to the Uniform
Agreement to Provide Services by Off-Duty Officers, which form of
agreement is on file with the Township Department of Finance. The
agreement shall include, but not be limited to, the nature of the
duties to be performed, the location where the duties are to be performed,
the date and hours of service, the rate of payment of services to
the officers, administrative fees to the Township and fees for Township-owned
equipment.
B.
The agreement with the private employer shall provide for the deposit
of monies in advance by the party for whom the services are to be
performed. Should the contract be for a period exceeding one month,
the private employer shall be required to tender an estimated payment
for the first month's services upon executing the agreement,
and will be billed periodically, in advance, thereafter. Should the
actual amount due turn out to be less than the amount deposited, the
Chief Financial Officer of the Township shall, upon conclusion of
the agreement, receipt of the final certified time slips and receipt
of a written request from the private employer, promptly return all
unused funds. Should the amount of the deposit be insufficient, the
private employer shall pay the deficiency immediately upon receipt
of notice from the Chief Financial Officer.
C.
In the case of bona fide emergencies, where there is no opportunity
to execute an agreement in advance, the private employer shall be
billed for the services with payment required to be made within 30
days.
D.
Should any payment due under this article not be made when due, the
Township may institute suit for collection of the same, together with
interest at the rate of 12% per annum, costs of collection and attorneys
fees incurred in collecting the amount due. Moreover, no future agreement
may be entered into with any private employer unless and until all
past due fees, costs and expenses are satisfied.
E.
Nothing in this section shall be construed as limiting the power
of the Township to accept or reject any and all assignments with any
private employer.
As a precondition to the use of officers by a private employer,
the private employer shall provide written assurance that the officers
are covered by private employer's workers compensation insurance
and personal liability insurance, which assurance shall include a
copy of the insurance policies as well as such other information as
the Chief Financial Officer deems appropriate.
A.
All private employers shall be required to make all payments for
extra-duty assignments payable to the Township. All payments shall
be forwarded to the office of the Chief Financial Officer of the Township.
The Chief Financial Officer shall cause all funds for the payment
of extra-duty officers collected from private employers to be deposited
into a special escrow account which is hereby established by this
article. The escrow fund shall be utilized for the payment to the
officers performing extra-duty services. Officers that perform extra-duty
assignments will be compensated at their regular or overtime rate,
whichever is applicable, unless another rate is specified in their
union contract. This provision shall not prevent a special rate from
being negotiated with the agreement of the employee with other public
entities. Such special rates shall be established not less than annually
by the Township Committee in consultation with the officers and applicable
unions. All officers shall be required to submit pay slips to the
Chief Financial Officer, in a form approved by him. Upon receipt of
a properly executed pay slip verified by the private employer, the
Finance Department shall process the pay slips for disbursement during
the officer's regular pay period.
B.
The rate to be charged under this section shall be reviewed periodically
and establish by resolution adopted by the Township Committee.
The Township will retain an administrative fee of $10 per hour
corresponding to each officer's hours of service. This fee shall
be utilized to offset costs associated with the Township's administration
of the private employment system as well as wear and tear on equipment.
Officers engaged in off-duty activities, as authorized by this
article, may be permitted to utilize a municipal vehicle or other
equipment subject to the approval and consent of the Chief of Police.
The private employer shall be required, in addition to any other payments,
to pay for the use of such vehicle or equipment in advance of use.
The rate for vehicle use shall be reviewed periodically and established
by resolution adopted by the Township Committee.
The Chief of Police of the Township shall be responsible for
the overall conduct of the members of his or her Department in following
the rules and regulations promulgated herein, and shall insure that
the terms, conditions and provisions of this article shall be fully
and faithfully carried out. Additionally, the Chief of Police shall
have authority to control officers engaged in off-duty or outside
employment pursuant to this article, and shall further have the authority
to discipline any and all officers so engaged in outside employment
by private employers should cause for such charge arise or exist.
