[Adopted 6-1-2010 by Ord. No. 10-1782[1]]
[1]
Editor's Note: This ordinance also repealed Ord. No.
10-1779, adopted 4-20-2010, regarding off-duty police officers.
Police officers may work for outside private contractors and
entities on their off-duty hours with the approval of and provided
the Chief of Police determines, in his discretion, that there are
sufficient police personnel available, that the outside employment
assignment will not interfere with the needs of the Borough, and that
sufficient funds have been deposited in advance in an escrow account
with the Borough Chief Financial Officer to cover the anticipated
costs of such off-duty assignments. The Borough's Chief Financial
Officer shall remit invoices to all outside private contractors and
entities upon notification from the Police Chief on all outside employment.
A.
The Borough has established an escrow account dedicated to the payment
of off-duty police officers for outside employment by private contractors
or private entities. Any prospective contractor or private entity
must apply to the Chief of Police, requesting off-duty police services.
The Chief of Police will then notify the Borough Administrator and
Chief Financial Officer of the request and forward to them the completed
application, when received. The written application shall include
the following information:
(1)
The dates that off-duty police services and police vehicle(s) will
be needed.
(2)
An estimate of the number of hours the contractor or private entity
anticipates using the off-duty police officer(s) and, if appropriate,
police vehicles.
(3)
A check to cover the cost of off-duty police services and use of
any Borough vehicles based on the estimated number of hours shall
be submitted before the start of off duty employment in accordance
with state and Division of Local Government Services regulations.
No police officer shall work off duty for any private contractor or
entity prior to clearance of the funds in the escrow account.
B.
If the contractor's or private entity's needs exceed the
estimated sum in the escrow account, the Borough Chief Financial Officer
(or designee) shall immediately notify the contractor or outside entity
that the funds in the escrow account are insufficient to pay for continued
off-duty police services. The contractor or private entity shall then
either replenish the escrow account with a check sufficient to pay
for continued services or the Chief of Police shall immediately terminate
provision of the off-duty police services to the contractor or private
entity.
C.
If the contractor's or private entity's estimated costs
exceed the actual costs incurred, then the Borough shall, upon proper
notice to the Borough Chief Financial Officer, refund the remainder
of the escrow account.
A.
All requests for off-duty police services must be made no later than
1600 on the day prior to the request, except in an emergent situation.
B.
In event of an emergency situation, where written application for
off-duty police services cannot be made prior to the date such service
is required, payment for such service must be made to the Borough
within 24 hours after the emergency situation has been resolved or
concluded. For the purpose of this section, "emergency situation,"
shall mean any construction, maintenance or repair required to be
performed as a result of an unforeseen event or act of God, whereby
the private contractor had no prior notice of the condition, and off-duty
police services are required for the public safety and welfare, which
determination is left in the sole discretion of the Chief of Police.
[Amended 10-5-2010 by Ord. No. 10-1796]
A.
Rates for off-duty police services are:
(1)
The rate of pay for all off-duty police work for a for-profit business
is up to $85 per hour. The rate of pay for all off-duty police work
for a nonprofit entity is $65 per hour.
[Amended 4-8-2014 by Ord. No. 14-1861; 2-3-2015 by Ord. No.
15-1878]
(2)
The failure of a contractor or private entity to contact the Police
Department at least 12 hours in advance of the start of an assignment
to cancel the request for off-duty police services will result in
a two-hour minimum charge to the contractor or private entity. If
an officer accepts an off-duty detail for specific hours and the detail
is not worked to completion due to circumstances with the contractor,
the officer may accept full compensation for the hours scheduled from
the contractor. However, this does not guarantee the officer compensation
for all scheduled hours.
(3)
In addition to the amounts noted above, a per-hour administrative
fee of 15% will be charged to the contractor or private entity.
B.
When a Borough police vehicle is available and being utilized as
an active traffic control device, the fee charged for use within the
Borough is $20 per hour with a minimum of $50, but not to exceed $100.
The Highland Park Board of Education, religious institutions and not-for-profit
organizations within the Borough shall be exempt from the fees charged
for the use of police vehicles.
The contractor shall be responsible for providing adequate traffic
control devices (signs, cones, etc.) in accordance with the Manual
on Uniform Traffic Control Devices (work zone safety). Failure to
provide adequate traffic control devices will result in cancellation
of the off-duty services.
Whenever a contractor or outside entity contracts with the Borough
Police Department for the services of a police officer during his
or her off-duty hours to engage in police-related activities, that
outside entity must first:
A.
The employer shall hold the municipality harmless from any and all
claims that may arise as the result of activities or actions of the
police officers hired by the employer, which arise during the course
of employment. The employer shall provide the municipality, prior
to utilization of the municipality's police officer, with a certificate
of insurance from an insurance company acceptable to the municipality
evidencing not less than a minimum of $1,000,000 in comprehensive
general liability (including personal injury with exclusion of A &
C deleted), but not less than the employer covers, and $300,000 in
property damage, as well as a "Hold Harmless" agreement inuring to
the benefit of the municipality and shall maintain said coverage at
all times that a police officer of the municipality is employed by
the employer. Such indemnity agreement shall be in a form acceptable
to the Borough Attorney.
In the event a contractor determines not to use off-duty police
officers, the contractor must provide for its own traffic control
personnel and signage. If the Chief of Police determines that the
contractor must utilize off-duty police officers for documented safety
purposes, he will notify the contractor in writing, and will notify
the Borough Administrator and Borough Chief Financial Officer. In
no event does this provision preclude the Chief of Police from using
on-duty police officers, at any time, to perform these functions.