[Added 3-21-2007 by Ord. No. 07-02-1330]
Any and all extra-duty assignments for police personnel shall be determined and approved by the Chief of Police, Deputy Chief or his or her designee. No police officer shall perform special duty assignments for private parties or non-law-enforcement entities for compensation other than through the procedure set forth in this article. The Chief of Police, Deputy Chief or his or her designee shall obtain such information as he or she determines necessary and is authorized to approve such special duty police work in accordance with this article. The Chief of Police, Deputy Chief or his or her designee may assign a police vehicle for use in performing extra duty if and in the event it is determined that the use of a police vehicle is necessary to perform the contracted duty. The Chief of Police or Deputy Chief or his or her designee may deny the assignment or use of police officers or vehicles and/or may impose any condition or requirement as in his sole discretion and determination is in the best interest of the Borough and/or police officers or public safety. The Chief of Police, Deputy Chief or his or her designee shall be guided by the nature of the assignment and may refuse to approve those with conflict of interest and/or significant risk of injury. The Chief of Police, Deputy Chief or his designee may assign a police vehicle or appropriate equipment for use in performing special duty if and in the event it is determined that the use of a police vehicle is necessary to perform the contracted duty. This ordinance does not apply to assignments or work performed for or at the direction of any special task force or similar assignments by the County Prosecutor's Office or other law enforcement agencies, except that payments to the officer(s) performing such assignments may be made by such law enforcement agencies through the Borough Special Duty Police Fund subject to the approval of the municipal finance officer.
The work to be performed shall be considered special assignment from independent contractors and will not be considered a direct assignment. The taking of any and all special duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the Chief of Police, Deputy Chief or his designee.
Officers engaged in special duty assignments shall be deemed on duty for all purposes, including, but not limited to, workers' compensation, public liability and third party claims for damages and shall conform to all Police Department rules, regulations and procedures. All such agreements for special duty assignments shall be contracted for in writing by the completion of a form available from the Police Department which contracts shall be kept on record as other such public documents. Delinquent parties shall be liable for all costs, fees and attorney's fees associated with the collection of any amounts due. Private parties or attorneys who utilize police officers in civil cases by subpoena will be responsible to reimburse the Borough for the costs incurred for the officer's time while complying with the subpoena. The time incurred will be billed by the Borough to the requesting private attorney or party. Officers will continue to be compensated by the Borough as per past practice and the collective bargaining agreement for time responding to subpoena(s). This section does not apply to internal administrative or disciplinary matters in which reimbursement to the Borough is not applicable.
All special duty assignments shall be within the municipality, unless specific written approval is given by the Borough Council and/or the Municipal Administrator to the officer to work outside of the municipality. The Chief of Police, Deputy Chief or his designee may contact adjoining municipal police departments to see if they are willing to perform such special assignments. This does not apply to assignments crossing municipal boundaries in which the work is partially performed within the municipality.
A. 
All payments for special duty assignments shall be deposited in and be made through a special police fund established by the municipal CFO from which payments shall be made to the individual police officers performing such service. All payments from the trust fund shall be made to the police officers in a timely manner as provided by law, subject to required deductions and an administrative fee to be retained by the municipality. Any dispute between the contractor and the police officer on assignment as to services required or compensation due shall be determined by the Chief of Police, Deputy Chief or his designee. The Chief of Police's, Deputy Chief's decision or that of his designee shall be final and binding.
B. 
All requests by private and/or non-law-enforcement parties for special duty services shall be made in writing at least two business days before the services are to commence, except in the event of exigent circumstances. This time period may be waived by the Chief of Police, Deputy Chief or his designee. Upon filing the request, the requesting party shall deposit with the Borough or have on deposit, in the Special Duty Police Fund, at least sufficient funds to pay for the services requested, including all administrative charges. The amount required to be deposited shall be subject to the determination and approval of the Chief of Police, Deputy Chief or his designee and must at all times be sufficient to pay for special duty services before said services are rendered and no services shall be rendered unless prepaid.
C. 
Parties that utilize special duty services on a regular basis for a week or longer shall maintain a minimum balance of the average weekly expenditure in the fund. Parties that utilize special duty services on a regular or frequent basis shall maintain a minimum deposit of $500 in the fund. The Chief of Police, Deputy Chief or his designee shall have the authority to determine the appropriate minimum balance for a particular party utilizing services to ensure adequate funds are on deposit to timely pay the officers and administrative fees for services provided.
D. 
No services shall be rendered for any party that does not have funds on deposit sufficient to cover the services. No services shall be rendered to any party that is delinquent on payment for past services rendered. Delinquent parties shall be liable for interest at 18% per annum on any funds noticed to the party as delinquent, together with any damages or attorney's fees or costs incurred by reason of their delinquency, including costs of collection.
E. 
The hourly rate/charge payable to police officers shall be as follows:
(1) 
Construction assignments: (salary contract rate) per hour; three-hour minimum.
(2) 
Security assignments: (salary contract rate) per hour; three-hour minimum.
(3) 
Bank security assignments: (salary contract rate) per hour; three-hour minimum.
(4) 
School assignments: as set by agreement between Cresskill Board of Education and Borough of Cresskill; three-hour minimum.
(5) 
Other: (salary contract rate) per hour; three-hour minimum.
(6) 
Cresskill youth groups, nonprofit organizations: (salary contract rate) per hour; three-hour minimum.
F. 
Subsection E(1), (2), (3) and (6) as listed above shall have included $17.50 per hour, effective January 1, 2018, as a surcharge for administrative costs to be retained by the municipality. The Chief of Police, Deputy Chief or his designee may waive the minimum hours on a particular assignment, after consultation with the officers involved in the assignment, should he or she determine this is in the interests of the Borough. In continuing assignments, the Chief of Police, Deputy Chief or his designee may waive the hourly minimum on a continuing basis, after consultation with and consent of the Borough of Cresskill. The Chief of Police, Deputy Chief or his designee may waive the administrative fee for assignments for municipalities or governmental agencies when appropriate in his or her discretion for regional events or mutual-aid type situations.
[Amended 9-6-2017 by Ord. No. 17-08-1502]
Any assignment which is canceled on less than an hour's notice shall be charged against the party. Upon cancellation, the contractor shall be responsible for the minimum payment of four hours, per officer assigned, at the specified rate.
The Chief of Police, Deputy Chief or his designee has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief of Police, Deputy Chief or his designee. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignments and shall have no claim for any costs or damages against the municipality, the Chief of Police, Deputy Chief or his designee or any police officer arising from the termination of any special duty assignment other than the prorated return of any fees prepaid to the Borough or the municipality for the time.
The municipality shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to workers' compensation, public liability and claims for damage for personal injury, including death or damage to property which may arise as a result from the municipality's performance under the contract.
All special duty assignments and related work shall be performed in accordance with the agreement for special duty assignments of police officers entered into between the contractor and the municipality.