A.
With respect to all other employment, each member
of the Department shall file with the Chief of Police and/or Deputy
Chief the name and address of each person or entity by whom he is
employed outside of his employment with the Borough. He shall also
indicate the telephone number at which he can be reached while so
employed and the approximate hours and days of such employment. If
a member of the Department is self-employed, he shall list the name
and address of his business and the telephone number at which he can
be reached and the approximate hours and days that he will be engaged
in such business.
[Amended 12-14-2004 by Ord. No. 18-2004]
B.
The Chief of Police shall report in writing to the
Mayor and Council on February 1 and on August 1 of each year as to
all employment by members of the Department for the six-month period
immediately preceding the date of the Chief's report.
C.
The Borough Council, after an appropriate hearing,
may order any member of the Department to desist from such employment
which the Council determines is interfering or may interfere with
the proper execution of his duties as a police officer.
D.
Members of the Police Department shall be permitted
to accept police-related employment for private employers or school
districts only during off-duty hours and at such times as will not
interfere with the efficient performance or regularly scheduled or
emergency duty for the Borough.
[Added 6-10-2003 by Ord. No. 08-2003]
E.
Procedures for requesting assignment of off-duty police
officers.
[Added 6-10-2003 by Ord. No. 08-2003; amended 12-14-2004 by Ord. No. 18-2004]
(1)
Any private employer wishing to employ off-duty police
shall first obtain the approval of the Chief of Police and/or Deputy
Chief which approval shall be granted only if, in the opinion of the
Chief of Police and/or Deputy Chief, such employment would not be
inconsistent with the efficient functioning and good reputation of
the Police Department and would not unreasonably endanger or threaten
the safety of the officer or officers who perform the work.
(2)
Any private employer that desires to employ off-duty
members of the Department shall submit the request in writing to the
Chief of Police and/or Deputy Chief on a form prescribed by the Chief
of Police. The employer shall hold the Borough harmless from any and
all claims that may arise as a result of the assignment of the member
to the employer. In addition, the private employer shall submit with
its written application a certificate of insurance in an amount not
less than $1,000,000 in both personal liability and comprehensive
general liability insurance as well as $1,000,000 in both property
damage coverage and worker's compensation coverage.
F.
Rates of compensation; administrative fee.
[Added 6-10-2003 by Ord.
No. 08-2003; amended 1-22-2013 by Ord. No. 02-2013; 5-10-2016 by Ord. No. 10-2016; 6-29-2021 by Ord. No. 06-2021; 8-9-2022 by Ord. No. 07-2022]
(1)
The private employer shall be responsible for all costs associated
with the employment of the off-duty member of the Department at the
rate of $80 per hour. In addition to the $80 per-hour compensation
rate to be paid by the private employer, the private employer shall
also be responsible for a $10 per-hour administrative fee and $10
per-hour vehicle use charge to cover costs, including, but not limited
to, medical insurance, worker's compensation, disability insurance
and vehicle depreciation.
(2)
Officers
shall be paid a minimum of four hours at the above-referenced off-duty
rate once an officer shows up at the job site for a job detail.
(3)
The
private employer may cancel the job detail at any time. However, if
a cancellation is made with less than three hours' notice prior to
the scheduled job time, the officer shall be paid a minimum of four
hours at the above-referenced off-duty rate.
(4)
For projects involving only the Borough of Totowa and its employment
of off-duty police for those services, the rate of pay shall be $50
per hour to be paid by the Borough of Totowa.
(5)
For school security services and the employment of off-duty and/or
retired police officers for those services, the rate of pay shall
be $40 per hour to be paid by the Totowa Board of Education.
G.
Payment. Private employers shall forward payment to
the Municipal Clerk of the Borough of Totowa. The Borough shall remit
payment to the member of the Department for performing such off-duty
services with the private employer retaining the balance for administrative
expenses and costs as established by this chapter or by future resolution
of the governing body.[2]
[Added 6-10-2003 by Ord. No. 08-2003]
[1]
Editor's Note: Former §§ 75-41 through 75-79,
which immediately preceded this section, were repealed 8-23-2022 by
Ord. No. 10-2022. This ordinance also provided for the renumbering
of all remaining sections in this chapter.
