City of Vineland, NJ Article VII Employment of Off-Duty Police Officers

[Adopted 5-8-2007 by Ord. No. 2007-38]

§ 123-37 Policy established.

A. Members of the Vineland Police Department shall be permitted to accept police-related employment for private employees, school districts or other governmental entities within the City of Vineland only during those hours that said officers are off duty and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the City of Vineland.

B. Any person or entity who intends to employ off-duty police shall make application for such service with the Chief of Police of the City of Vineland on such form and providing such information which the Chief reasonably believes is necessary to consider such employment, including but not limited to the time, length of service, type of event, location of said event and purpose and reasons for which such officers are requested. Such approval shall only be granted if, in the opinion of the Chief, such employment would be consistent with the efficient functioning and good reputation of the Police Department. Further, the Chief shall determine, in his opinion, the number of officers necessary to carry out the service requested considering the need and safety of said officers.

C. If approved by the Chief of Police, all such employment for any period beyond 10 hours of service per officer and event shall be reduced to an agreement and approved by City Council of the City of Vineland by resolution. Any request for service of any period less than 10 hours per officer and event shall be approved by the Chief of Police.

D. All requests for services of off-duty officers in the Vineland Police Department for a period of 10 hours of service per officer and event shall be forwarded to the Chief for posting not less than 10 days before such services are required; however, should the need for services be as a result of an unforeseen and emergent circumstance in the sole discretion of the Chief of Police and Mayor based upon the circumstances and the impact upon the manpower of the Vineland Police Department, such services may be provided.

[Amended 1-22-2019 by Ord. No. 2018-80]

E. Any police officer, when so employed, shall be considered an employee of the City of Vineland; provided, however, that wages earned for such outside employment shall not be applied toward the pension benefits of law enforcement officers so employed nor shall hours worked for such outside employment be considered in any way compensable as overtime.

F. Any and all procedures, including scheduling, relative to the operation of this article shall be set forth as policy of the Department by the Chief of Police and Director of Public Safety.

G. In the event the Mayor and governing body determine it to be in the best interest of the City, the administration of the off-duty police officers may be assigned to a duly experienced administrative services company to be administered in accordance with this Article VII, excepting therefrom any function assigned to the Chief of Police in accordance with this chapter, any other ordinance or applicable policy of the Vineland Police Department. Nothing herein shall prohibit the City from entering into contracts for off-duty police services to private individuals or entities separate from an administrative services company and set rates different than as is set forth herein. Said assignment or separate contract shall be by a written contract recommended by the Chief of Police and approved by the governing body.

[Added 1-22-2019 by Ord. No. 2018-80]

§ 123-38 Payment for services.

A. Any written agreement entered into pursuant to § 123-37A herein shall require the employer to pay to the City of Vineland an amount equal to 10 hours per officer in advance of said services and shall continue to maintain payments in an amount equal to 10 hours per officer in advance at all times during said service period.

B. Any person or entity requesting the services of an off-duty police officer for a period of less than 10 hours per officer and event shall pay the full amount of the fee due to the City of Vineland in advance of said service, in the discretion of the Chief of Police, which shall be based upon the need for such services in an expeditious manner and time constraints within which to require payment to be made as well as other criteria which the Chief of Police deems is necessary to consider. In the event that the Chief of Police waives the full payment amount in advance of said service, then, in that event, the entity requesting the service shall make payment for said service in an expeditious fashion. Failure to make payment in an expeditious fashion in accordance herewith shall be a criteria considered in the future by the Chief of Police in waiving the requirement that the entity requesting the service pay the full amount of the fee due to the City of Vineland in advance of said service.

[Amended 1-8-2008 by Ord. No. 2007-107]

C. Subject to Subsection B hereinabove set forth, the Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required herein have been paid in full.

[Amended 1-8-2008 by Ord. No. 2007-107]

D. In the event any person or entity fails to make payments in accordance herewith, services of off-duty police officers shall cease and requests for further or future services shall not be considered until all payments due as provided herein have been paid. Termination of services shall be without notice to the person or entity requesting. Failure to make payment shall be deemed notice.

E. It shall be the responsibility of the person or entity requesting such services to assure that all payments have been made in accordance herewith.

§ 123-39 Rate of compensation.

[Amended 10-25-2011 by Ord. No. 2011-49; 1-28-2014 by Ord. No. 2014-2; 5-24-2016 by Ord. No. 2016-14; 1-22-2019 by Ord. No. 2018-80]

Rates of compensation for contracting the services of off-duty police officers are established as follows:

A. Rate of compensation for private persons or entities, including school districts or other governmental entities, shall be equal to the overtime rate of the highest paid Sergeant in the Department at the time the services are to be performed and shall remain the same rate throughout the term of the services being performed for that private person or entity.

B. An additional fee of $8 per hour shall be added to the above hourly rate of compensation to be paid in accordance herewith. Said amount represents administrative costs, overhead and out-of-pocket expenses necessary to carry out this article.