[Adopted 12-27-2001 by Ord. No. 2001-28]
As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
A regular police officer of the Police Department of the Township of Chesterfield that is being hired by a private employer to provide security and/or traffic control services. Special officers, as defined in 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.
PRIVATE EMPLOYER
Any entity, public or private, other than the Township of Chesterfield, that is hiring an employee, as defined herein, to provide security and/or traffic control services for the private employer's business, project or function.
TOWNSHIP
The Township of Chesterfield.
[Amended 11-14-2024 by Ord. No. 2024-20]
A. 
Members of the Township's Police Department, whether they be full-time or part-time, are expressly authorized to engage in security-related and traffic control activities during their off-duty hours for private employers, so long as the arrangements therefore are made with the Township and any compensation paid to the officers for such service is channeled through the Township.
B. 
The officers performing said off-duty services authorized hereunder are also authorized to wear a Township police uniform.
C. 
The authorization set forth in this article shall apply only to security-related and traffic control activities during off-duty hours for private employers except for Township-awarded contracts.
D. 
In granting this authorization, the Township 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 where they are injured during off-duty or outside employment under the scope of the article. Both the Township and the members of the Township'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 the Township, they are in accordance with the February 1990 memorandum prepared by Douglas R. Forrester, Director, Division of Pension, and are considered to be covered for injury or death which may occur while performing those duties.
A. 
In accordance with Chapter 182 of the Code of the Township of Chesterfield, persons performing work in the Township right-of-way are required to apply for and obtain a local road access permit from the Township, and must also employ uniformed police officers as traffic directors in certain circumstances (see § 182-39). Any private employer, public utility, or other entity that intends to perform work in a Township right-of-way, where said work may impact local roads and require traffic control, shall be required to enter into a contract with the Township of Chesterfield for all traffic control activities impacting local roads and/or rights-of-way. For other non-traffic-related, extra-duty or security-related matters, private employers, public utilities, or other entities are encouraged to utilize off-duty members of the Chesterfield Township Police Department.
[Amended 5-28-2015 by Ord. No. 2015-5; 4-27-2017 by Ord. No. 2017-6]
B. 
Except in cases of a bona fide emergency, no assignment to extra duty may be made unless, 24 hours 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 service by off-duty personnel, which form of agreement is on file with the Township 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, administrative fees to the Township of Chesterfield and fees for the use of Township-owned equipment. Twenty-four-hours' notice is not necessary in instances where traffic control is required due to emergency work, as described at § 182-36.
[Added 4-27-2017 by Ord. No. 2017-6[1]]
[1]
Editor’s Note: This ordinance also provided for the redesignation of Subsection B as Subsection C.
C. 
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 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 the Township of Chesterfield to accept or reject any and all assignments with any private employer.
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 workman's compensation insurance and personal liability insurance policies, which assurance shall include a copy of said insurance policies, as well as such other information as the Chief of Police deems appropriate; all such information shall be submitted to the Township's Attorney for approval prior to the performance of any services by Township employees.
[Amended 4-22-2004 by Ord. No. 2004-4; 4-14-2010 by Ord. No. 2010-6; 5-28-2015 by Ord. No. 2015-5; 4-27-2017 by Ord. No. 2017-6; 12-12-2019 by Ord. No. 2019-26; 11-14-2024 by Ord. No. 2024-20]
A. 
All private employers shall be required to make all payments for extra-duty assignments payable to the Township of Chesterfield. All payments for extra-duty assignments shall be forwarded to the Finance Office of Chesterfield Township. The Finance 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 this 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 Finance Officer. Upon receipt of a properly executed pay slip verified by the private person or entity, the Finance Office shall process the pay slips for disbursement during the officer's regular pay period.
B. 
The rate to be charged under this section shall be as follows:
(1) 
Contracts signed at least 24 hours in advance of the assignment:
(a) 
Per-hour, per-officer rates:
[1] 
$90 per hour per officer Monday through Friday (effective January 1, 2025);
[2] 
$95 per hour per officer Monday through Friday (effective January 1, 2026);
[3] 
$100 per hour per officer Monday through Friday (effective January 1, 2027).
(b) 
$115 per hour per officer Saturday, Sunday or holidays.
(2) 
Contracts signed less than 24 hours in advance of the assignment:
(a) 
$115 per hour per officer.
(3) 
If a job exceeds eight hours in a day, the police officer shall receive $115 time worked over eight hours.
(4) 
The officer shall be paid for the minimum hours scheduled at the applicable rate. Any hours beyond the scheduled hours will be paid at $115 per hour per officer.
C. 
Job cancellation fees:
(1) 
If a private employer or entity cancels a job at least two hours prior to the scheduled start time, it will not be responsible for any rate for officer time for said cancellation.
(2) 
If a private employer or entity cancels a job with less than two hours' notice, it will be charged for four hours as follows:
(a) 
The cost of four hours per police officer at the scheduled rate;
(b) 
Administrative fee of $17 per hour for four hours;
(c) 
$150 per police vehicle per day;
(d) 
Cancelled scheduled jobs under four hours will be calculated based on the scheduled hours and rate.
(3) 
All cancellations shall be made to the central dispatch number which is in the contract.
D. 
Any work on a shoulder, in the Township right-of-way, or infringing on a Township road requires a minimum of one Chesterfield Township police officer and one patrol vehicle, in accordance with § 42-19A, above.
[Amended 4-22-2004 by Ord. No. 2004-4; 4-14-2010 by Ord. No. 2010-6; 5-28-2015 by Ord. No. 2015-5; 12-12-2019 by Ord. No. 2019-26; 11-14-2024 by Ord. No. 2024-20]
In addition to the aforementioned fees to be collected by the Township of Chesterfield from said private person or public entity for the payment of said extra-duty police officer(s), the Township of Chesterfield shall collect an administrative fee of $17 per hour corresponding to each police officer's hour of service. Said fee shall be used to offset the administrative costs associated with the assignment of Township police officers, the wear and tear of police equipment, etc. In the event that the Chief of Police arranges with surrounding police agencies to provide assistance in performing these outside police details, the $17 per hour administrative fee shall be paid as follows: $10 per hour will remain with Chesterfield Township to cover the costs associated with scheduling, coordinating, invoicing, etc.; and the balance of $7 will be paid to the municipality from whom the assistance is lent, which $7 shall cover the costs associated with mandatory payroll deductions for those hours.
[Amended 4-22-2004 by Ord. No. 2004-4; 4-14-2010 by Ord. No. 2010-6; 5-28-2015 by Ord. No. 2015-5; 12-12-2019 by Ord. No. 2019-26]
Police officers 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 the Township of Chesterfield a fee of $150 for the first eight hours of usage of said vehicle or any portion thereof; any additional hours beyond the first eight hours will be billed at the rate of $50 per each four-hour increment, or portion thereof. A "day," is defined as a twenty-four-hour period beginning 12 midnight to 11:59:59 p.m. A new day starts at midnight and thus, a new fee of $150 begins at midnight in the event that usage of the police vehicle goes beyond 11:59:59 of the day.
[Amended 8-26-2021 by Ord. No. 2021-13]
The Chief of Police of the Township of Chesterfield 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 provisions 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. In the event of the temporary disability or absence of the Chief of Police, the Mayor of the Township, acting as Police Commissioner under § 42-6 of this chapter, and therefore the "appropriate authority" under N.J.S.A. 40A:14-118, shall appoint an acting Officer-in-Charge who shall assume the duties and responsibilities of the Chief of Police during the Chief's absence or disability, to the same extent as the control vested in the Chief set forth in this section. Said Officer-in-Charge shall be compensated for said additional responsibilities as determined appropriate by the Township Committee.