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Township of Hazlet, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted 6-1-1993 by Ord. No. 918-93; amended in its entirety 6-5-2001 by Ord. No. 1171-01 (Ch. 67, Art. II, of the 1993 Code)]
[Amended 6-3-2019 by Ord. No. 1645-19]
Any and all special-duty assignments for police personnel shall be determined and approved by the Chief of Police or his 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 or his designee shall obtain such information as he determines necessary and is authorized to approve such special-duty police work in accordance with this article. The Chief of Police or his designee may assign a police vehicle 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. The Chief of Police or his 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 Township and/or police officers or public safety. The Chief of Police or his 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 or his designee may assign a police vehicle or appropriate equipment for use in performing special duty 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 Monmouth 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 Township 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 or his designee.
[Amended 6-3-2019 by Ord. No. 1645-19]
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. The hourly rate shall be set by the Township Committee. 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 Township for the costs incurred for the officer's time while complying with the subpoena. The time incurred will be billed by the Township to the requesting private attorney or party. This section does not apply to internal administrative or disciplinary matters in which reimbursement to the Township is not applicable.
All special-duty assignments shall be within the municipality, unless specific written approval is given by the Township Committee and/or the Municipal Administrator to the officer to work outside of the municipality. The Chief of Police 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 of $23 per hour for 2019 and increasing 10% per year thereafter 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 or his designee. The Chief of Police's decision or that of his designee shall be final and binding.
[Amended 6-3-2019 by Ord. No. 1645-19]
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 or his designee. Upon filing the request, the requesting party shall deposit with the Township 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 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 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.
E. 
Rates.
[Amended 2-3-2009 by Ord. No. 1453-09; 6-3-2019 by Ord. No. 1645-19]
(1) 
The hourly rate/charge payable to police officers for construction assignments, security assignments, bank security assignments, Hazlet Township youth groups and nonprofit organizations, exclusive of school assignments, shall be as follows with a four-hour minimum:
(a) 
Prevailing senior patrolman overtime rate exclusive of longevity, college credits and detective stipend, such rate to be set by the Township Committee.
(b) 
School assignments. As set by agreement between the Hazlet Township Board of Education and the Hazlet Township Committee.
(2) 
In addition to the hourly rate listed above, a fee of $23 per hour for 2019, increasing 10% per year thereafter, will be added thereto as a surcharge for administrative costs and shall be retained by the municipality. The Chief of Police or his designee may waive the minimum hours on a particular assignment, after consultation with the officers involved in the assignment, should he determine this is in the interests of the Township. In continuing assignments, the Chief of Police or his designee may waive the hourly minimum on a continuing basis. The Chief of Police or his designee may waive the administrative fee for assignments for municipalities or governmental agencies when appropriate in his discretion for regional events or mutual-aid-type situations.
F. 
Administration.
[Amended 1-25-2005 by Ord. No. 1318-05; 12-19-2017 by Ord. No. 1615-17]
(1) 
The Township may choose to utilize a secondary service to administrate and perform the above actions related to the special-duty employment process. These actions include, but are not limited to, communicating with said person or company to schedule special-duty jobs, scheduling the officers for the said jobs, invoicing the person or company and receiving escrow and/or payments from the person or company in a manner set forth by the secondary service provider. The secondary service provider may charge an additional fee for services that is above and in addition to the fee structure stated above and utilize business-type collection rules as set forth in the contract between the Township and the secondary service provider.
[Amended 6-3-2019 by Ord. No. 1645-19]
(2) 
The secondary service provider will reimburse the Township via ACH, or other funds transfer methods due to the Township and officer, in a timely manner, usually coinciding with payroll periods for jobs that the officers have performed or were scheduled for in that period, in accordance with the above-listed rules of employment between the Township and person(s) or company seeking services.
[Amended 11-17-2014 by Ord. No. 1558-14]
Any assignment which is canceled on less than two hours' 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 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 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 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 Township 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.