[Adopted 8-2-2004 by Ord. No. 2004-10]
[Adopted 8-2-2004 by Ord. No. 2004-10]
[1]
Editor's Note: This article was formerly included as Art. II but was renumbered to Art. XV to accommodate the inclusion of Ord. No. 2002-6 (Part 1 of this chapter).
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
A regular police officer of the Police Department of Palmyra that is being hired by a private employer to provide security and/or traffic control services that in whole or in part involve the actual or potential use of law enforcement powers. Special officers, as defined by N.J.S.A. 40A:14-146.8 et seq., are not permitted to perform these services and are, therefore, not included in this article.
PALMYRA
The Borough of Palmyra.
PRIVATE EMPLOYER
Any entity, public or private, other than the Borough of Palmyra, that is hiring an employee, as defined herein, to provide security and/or traffic control services that in whole or in part involve the actual or potential use of law enforcement powers for the private employer's business, project of function.
A. 
Members of Palmyra's Police Department, whether they be full-time or part-time, are expressly authorized to engage in security-related and/or traffic control activities within Palmyra, the Borough of Riverton or the Township of Cinnaminson during their off-duty hours for private employers, so long as the arrangements therefor are made with Palmyra, any compensation paid to the officers for such service is channeled through Palmyra, and with the prior approval by the Chief of Police, and subject to the terms of the standard operating procedures adopted by the Police Department.
B. 
The officers performing said off-duty services authorized hereunder may be authorized to wear a Palmyra police uniform, said determination to be within the discretion of the Chief of Police or his designee.
C. 
The authorization set forth in this article shall apply only to security-related and traffic control activities that involve the actual or potential use of law enforcement powers during off-duty hours for private employers.
D. 
In granting this authorization, Palmyra assumes no responsibility or liability for the actions or nonactions of the off-duty officers.
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 officers to coverage under the Police and Firemen's Retirement System in instances in which they are injured during off-duty or outside employment under the scope of this article. Both Palmyra and the members of Palmyra's Police Department are familiar with these memoranda and, because the employees shall ultimately be subject to departmental discipline and control and because they are ultimately paid by Palmyra, they are in accordance with the February 1990 memorandum prepared by Douglas R. Forrester, Director, Division of Pensions, and are considered to be covered for injury or death which may occur while performing those duties.
A. 
Any private employer desiring to retain the services of police officers [("employee(s)"] of Palmyra for extra-duty, security-related and/or traffic control activities that involve the actual or potential use of law enforcement power shall be required to enter into a contract with Palmyra. Except in cases of bona fide emergency, no assignment to extra duty may be made unless, prior to such assignment, the private party or entity has executed a contract for such services and has made the required deposit pursuant to the Uniform Agreement to Provide Security-Related and/or Traffic Control Services by Off-Duty Personnel, which form of agreement is on file with Palmyra's Department of Finance. Said agreement shall include, but not be limited to, the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment of services to the officers, hereby established at the rate per hour as specified in the current collective bargaining agreement between the Borough of Palmyra and the FOP Lodge #2 Palmyra Police Association/NJ, NJ FOP Labor Council, plus administrative fees to Palmyra in the sum of $3 per hour and fees for the use of Palmyra equipment. The fees payable by the Palmyra Board of Education ("Board") and any nonprofit organization or entity shall be separately set between Palmyra and such nonprofit organization or entity.
[Amended 6-13-2005 by Ord. No. 2005-07; 12-29-2008 by Ord. No. 2008-23]
B. 
The Agreement shall provide for the deposit of monies in advance by the private employer for the services to be performed. Should the contract be for a term exceeding one month, the private employer shall be required to tender an estimated payment for the first month's services upon executing the contract and shall monthly thereafter replenish the deposit and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Chief Financial Officer shall, upon termination of the contract, receipt of the final certified time slips, and receipt of written demand from the private employer, return all unused funds to the private employer. Nothing in this section shall be construed as limiting the power of Palmyra to accept or reject any and all assignments with any private employer.
Any private employer who determines to cancel the services of police officers after entering into a contract shall be required to provide notice to the police officers not less than eight hours before the scheduled start time of the assignment. If a contractor fails to provide such notice, the officer shall be entitled to two hours payment for said assignment. Said requirement shall only apply where the private employer has deposited the escrow funds required under § 43-17 above.
As a precondition to the use of employees by a private employer, the private employer shall provide written assurance that the officers are covered by the private employer's workmen's compensation insurance and personal liability insurance policies, and proof that Palmyra and its officers are named as additional insureds in the amount of $1,000,000 per single occurrence, $2,000,000 in the aggregate, as well as such other information as the Chief deems appropriate. All such information shall be submitted to the Chief for approval prior to the performance of any services by Palmyra employees.
All private employer shall be required to make all payments for extra-duty assignments payable to Palmyra. All payments for extra-duty assignments shall be forwarded to the office of the Chief Financial Officer of Palmyra. The Chief Financial Officer shall deposit all funds earmarked for the payment of extra-duty officers collected from private employers into a special escrow fund which is hereby established by article. The escrow fund shall be established for payment to members of the Police Department performing the extra-duty services, also referred to as "employees." All police officers shall be required to submit pay slips to the Police Chief. The pay slip shall be in a form approved by the Chief Financial Officer. Upon receipt of a properly executed pay slip verified by the private person or entity, the Finance Department will process the pay slips for disbursement during the officer's regular pay period.
In addition to the aforementioned fees to be collected by Palmyra from said private person or public entity for the payment of said extra-duty police officer(s), Palmyra shall collect an administrative fee of $3 per hour of activity. Said fee shall be used to offset the administrative costs associated with the assignment of Palmyra police officer(s), the wear and tear of police equipment, etc.
Police officer engaging in off-duty activities, as authorized and required by this article, may be permitted to utilize a municipal vehicle, subject to the approval and consent of the Chief of Police. If a municipal vehicle is utilized, the private employer shall also pay Palmyra a fee of $100 for up to eight hours of use in any twenty-four-hour period. Notwithstanding the foregoing, said charge shall be waived for services contracted for by the Palmyra Board of Education, and any other federal, state, county or local public agencies.
The Chief of Police of Palmyra shall be responsible for the overall conduct of the members of his Department in following the rules and regulations promulgated herein and shall insure that the terms, conditions and provision 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 charges arise or exist.