Article VIII Department of Public Safety - Police Division

State residency. The Council is authorized, subject to existing or future regulations or laws, to appoint qualified persons to the uniformed Police Division, provided that such person shall have been a bona fide resident of the State of New Jersey for at least one year of the closing date of the civil service examination.

(a)

Classification of qualified applicants. All qualified applicants for the position of City police officer shall be classified by class as follows:

[1]

Class I: residents of the City of Burlington.

[2]

Class II: other residents of Burlington County.

[3]

Class III: other residents of the State of New Jersey.

[4]

Class IV: all other qualified applicants.

(b)

Order of appointment. Qualified Class I applicants shall be appointed first and then those in each succeeding class shall be appointed to any vacancy or vacancies remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment.

(c)

Residency determination. Residency shall be determined as of the announced closing date of the civil service examination and must be maintained continuously up to and including the date of appointment to the position of police officer.

Oath of office. Before entering upon the execution of his/her duties each police officer and officer of the Police Division shall take an oath or affirmation before the Mayor or, in his/her absence, before any member of the Council, that he/she will faithfully and honestly perform the duties of his/her office, which oath or affirmation shall be filed in the office of the Municipal Clerk.

Discipline and removal. Members of the Police Division shall be removed from office or employment, suspended or disciplined in the manner prescribed by law.

§ 2-24 Rules and regulations.

Director of Public Safety: adoption of rules and regulations. The Director of Public Safety may from time to time approve rules and regulations for the government of the police officers and the Police Division.

[Amended 3-15-2011 by Ord. No. 03-2011]

Daily log. All arrests made by any police officer shall be immediately reported and entered in the daily log.

§ 2-24.1 Extra-duty assignments.

[Added 9-1-2015 by Ord. No. 11-2015]

Purpose. The purpose of this article is to set forth guidelines to govern the employment of City of Burlington police officers for voluntary extra-duty (off-duty) details within the City of Burlington or within other local municipalities and which extend beyond their regular assigned duties and responsibilities.

Extra-duty details permitted under certain conditions. Officers of the City of Burlington Police Department may be permitted to accept and perform police-related employment and services for private persons or entities, including school districts, only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the City, as determined by the City of Burlington Chief of Police or his authorized designee. Officers of the City Police Department may be permitted to perform police-related services subject, however, to the following conditions:

All such work performed by the police officer shall be in his/her official capacity as an employee of the City of Burlington Police Department and subject to its supervision and control.

The Police Officer shall be paid for the extra-duty services by the City of Burlington Police Department at a rate of pay determined by the City for such police-related work.

The City of Burlington, the City of Burlington Chief of Police, or his designee, shall bill the private person or entity for all such services performed based on the prevailing rate established by the City of Burlington, which may be amended from time to time by resolution adopted by the Common Council of the City of Burlington.

IN THE EMPLOY OF THE EMPLOYER

The City of Burlington Chief of Police, or his designee, shall establish the procedure for assigning police officers to such duty referenced in this section.

(5)

No City of Burlington police officer shall engage in any employment for police-related services with any private person or entity, except in the manner established pursuant to this section. To be eligible for extra-duty employment, a sworn officer must be in good standing with the City of Burlington Police Department. Officers on medical or disability leave are not eligible for extra-duty assignments. The Chief of Police shall include in his monthly report to the appropriate authority information about extra-duty work of members of the Department.

(6)

The City of Burlington Chief of Police shall retain ultimate authority to determine what officers, if any, and which officers may participate in any extra-duty assignments. Any and all participation by any officer is at the discretion of the Chief of Police and the Chief reserves the authority to deny extra-duty assignments on a discretionary basis.

(7)

Secondary service provider.

[Added 2-2-2021 by Ord. No. 09-2021]

(a)

The City may choose to utilize a secondary service to administrate and perform the above actions related to the off-duty employment process. These actions include but are not limited to: communicating with a person or company which has requested the services of an off-duty officer to schedule off-duty jobs; scheduling the Officers for the said jobs; invoicing the person or company receiving the service; receiving the escrow and/or payments from the person or company in a manner set forth by the secondary service provider and other administrative functions necessary and attendant to providing such services. The secondary service provider may charge an additional fee to the person or company requesting the services of an off-duty officer for the services which is in addition to the fee structure stated above and may utilize business-type collection rules as set forth in the contract between the City and the secondary service provider.

(b)

The secondary service provider will reimburse the City via ACH or other funds transfer methods, according to the fees set forth above, due to the City and Officer, in a timely manner, usually coinciding with payroll periods for "jobs" that the officers have performed or were scheduled for, in accordance with the above-listed rules of employment between the City and person(s) or company seeking services.

Extra-duty employment to be voluntary. Any such extra-duty employment shall be voluntary, and may be accepted or declined solely at the option of the officer (provided the extra-duty employment is approved in the manner described herein). Acceptance of such extra-duty employment shall not be a condition of employment or promotion within the City of Burlington Police Department. Officers of the City of Burlington Police Department are eligible to accept off-duty employment only during periods when they are not assigned to regular duty and at such times when off-duty employment will not interfere with the efficient performance of their regularly scheduled police duties. The Chief of Police, or his designee, shall monitor all off-duty employment to ensure that the City's interests are protected.

Definitions. As used in this article, the following terms shall have the meaning indicated:

EMPLOYER

Any individual, partnership, corporation, business entity or other organization, located either within or outside the City of Burlington, including, but not limited to, schools.

EXTRA-DUTY

Any voluntary outside employment when a police officer is not scheduled for a shift of duty by the City of Burlington Police Department and that calls for the actual or potential use of law enforcement powers by the police officer employee. This shall be limited to employment as a security guard, traffic control officer, or plainclothes surveillance officer.

All times when a police officer is scheduled for and does, in fact, work for an "outside employer" as extra-duty, as such term is defined in this section.

PLAINCLOTHES SURVEILLANCE OFFICER

A position of employment involving the wearing or carrying of a City of Burlington Police Department badge or the carrying of a firearm or other dangerous weapon, as such term is defined by N.J.S.A. 2C:39-1 et seq.

POLICE OFFICER

Any class of police officer of the City of Burlington.

SECURITY GUARD

A position of employment involving the wearing of a City of Burlington uniform, badge, and/or the carrying of a firearm or other dangerous weapon, as such term is defined by N.J.S.A. 2C:39-1 et seq.

TRAFFIC CONTROL OFFICER

A position of employment involving the wearing of a City of Burlington police uniform while directing or monitoring traffic within or outside the municipal boundaries of the City of Burlington.

WORKERS' COMPENSATION INSURANCE

All forms of insurance, including self-insurance, required under N.J.S.A. 34:15-1 et seq.

Chief of Police approval required. Any person, entity, or organization wishing to employ off-duty police for extra-duty work shall first obtain the approval of the City of Burlington Chief of Police, which approval shall be granted if in the opinion of the Chief such employment would not be inconsistent with the efficient functioning and good reputation of the City of Burlington Police Department, and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work. The procedure for extra-duty assignment approval is memorialized within this section. The Chief of Police is hereby authorized and directed to establish such rules and regulations as are necessary to implement this section.

Minimum time of assignments; cancellation. Extra-duty assignments shall be a minimum of four hours. Cancellation of an assignment by an employer with less than 24 hours' advanced notice to the Chief of Police shall be subject to this minimum.

Liability and insurance required. No employer shall employ a City of Burlington police officer for extra duty without having first filed with the City of Burlington Clerk a certificate of insurance, certificate to evidence comprehensive general liability, and automobile liability in the amount of not less than $500,000 any one occurrence and workers' compensation with statutory limits with respect to injuries and/or damages suffered or caused by police officers while in the employ of the employer.

All policies of insurance evidenced by any certificate filed hereunder shall be maintained by the employer in full force and effect at all times while any police officer is employed by such employer. Upon the change or renewal of any such policy of insurance, the employer shall forthwith file with the City Clerk a new and current certificate of insurance in compliance with the foregoing provisions.

No certificate of insurance required by this subsection shall be deemed filed with the City Clerk unless it has been first approved by the City Risk Management Designee.

Escrow account.

Except as provided herein, any person or entity requesting the services of an off-duty police officer of the City of Burlington Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Chief of Police, and shall establish an escrow account with the City CFO by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth herein for the total estimated hours of service plus an additional 10% of said amount.

If the amount required to be deposited with the City exceeds $20,000, an escrow deposit of $20,000 shall be required. Said deposit of $20,000 shall be maintained until such time as the amount required to be deposited for all remaining services on any given project shall be less than $20,000, and then such lesser amount shall be required to be maintained.

The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services. In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.

State, county and municipal bodies and agencies and public schools may be exempted from the requirements for the posting of an escrow deposit at the discretion of the City of Burlington CFO.

(5)

The City of Burlington Chief of Police, with the concurrence of the City of Burlington CFO, may waive escrow requirements for assignments of less than five hours in total if, in their judgment, the outside employer has demonstrated a history of timely payment or demonstrated other, similar indicia of reliable and consistent, timely payment of fees and wages owed.

(6)

This escrow requirement shall not apply for these services when contracted by a company regulated by the New Jersey Board of Public Utilities, including, but not limited to, PSE&G, Verizon, American Water Company, and/or Comcast. The foregoing entities shall, within 10 business days of the date of the bill for services rendered, forward payment in full for said services to the Chief Financial Officer of the City.

[Added 5-3-2016 by Ord. No. 04-2016]

Employer violations and penalties. Any employer who employs a police officer for extra-duty without first having complied with the requirements as set forth shall be subject to a fine of $500 or imprisonment of one day, or both, for each day that it employs the police officer.

Compliance with article required. Any police officer who accepts or continues extra-duty employment with an employer who has not complied with the requirements of this article shall be deemed in violation of the rules and regulations of the Police Department and shall be subject to appropriate discipline. The police officer shall, prior to accepting or continuing extra-duty employment, ascertain from the prospective employer whether it has complied with the provisions hereof. If the employer has not yet complied, the police officer shall not accept the prospective extra-duty employment.

Attire. Officers assigned to extra-duty details shall be attired as prescribed by the Department's uniform policy. Officers shall be attired in the requisite and appropriate uniform or plain clothes best suited for the nature of the extra-duty detail. Uniformed traffic details shall consist of the uniform of the day and shall be equipped with a regular duty belt, other applicable gear and equipment (e.g., reflectorized traffic safety vest), and may wear an approved baseball-type cap. Officers assigned to extra-duty details shall be subject to all rules, regulations, orders and standard operating procedures of the City of Burlington Police Department.

Compliance with safety standards for traffic-related details. Officers working any form of traffic-related detail shall comply with all applicable safety standards.

Police action in serious or emergency matters. An officer on an extra-duty assignment shall take police action in response to any serious police matter coming to their attention at any time, and are additionally expected to respond to emergency situations in the City of Burlington if the extra-duty assignment is within the immediate area. All officers are subject to recall to duty if an emergency arises in the City of Burlington.

Eligibility. In order to be eligible for extra-duty employment, a police officer must be in good standing with the Department. Officers who are on medical or other leave due to sickness, temporary disability or an on-duty injury shall not be eligible to engage in extra-duty employment. Officers who accept or perform extra-duty employment while on sick or injured leave from their regular duties with the City of Burlington Police Department shall be subject to discipline.

Wages. Wages earned for outside extra-duty employment by any City of Burlington police officer shall not be applied toward the pension benefits of the police officer so employed.

City reservation of right to decline extra-duty employment. The Chief of Police, as well as the City of Burlington, reserves the right to decline to approve any extra-duty employment as herein defined and subject to the Chief of Police's discretion.

Defense and indemnification. Each employer of a police officer for extra duty must sign in advance a hold-harmless indemnification agreement stating that said employer will release, defend and indemnify the police officer, the Police Chief, the Police Department, the Common Council members, City of Burlington and any agent, officer, employee thereof and save them harmless from and against any and all claims, actions, damages, liability and expenses, including but not limited to court costs and reasonable attorney's fees, without regard to fault, in connection with or arising out of any acts or omissions by the City of Burlington police officer in performing the extra duty subject to said employer's agreement with the City of Burlington or in connection with or arising out of that agreement between said employer and the City of Burlington or City of Burlington Police Department for such extra-duty assignment.

Procedure.

All requests for extra-duty assignments shall be forwarded to the City of Burlington Chief of Police through the use of the attached form.[1] Requests for assignments for a period of one week or longer shall be submitted at least 15 days before such services are required. Any prospective employer shall be apprised of any applicable City codes, ordinances, rules and regulations, and policies and procedures.

[1]

Editor's Note: Said form is on file in the City offices.

The Chief of Police shall ensure:

(a)

Compliance with this policy and all applicable City codes and ordinances, Departmental rules, regulations, policies and procedures, and other applicable contracts, agreements, laws and regulations.

(b)

Notwithstanding any other regulations and/or contracts, ensure that there is an equitable opportunity for all eligible officers within the Department to avail themselves to such extra-duty employment. Repeated denials by an officer who has been offered such employment does not encumber or obligate the Department to ensure for equitable distribution of such employment opportunities.

(c)

All officers working extra-duty details shall do so under the auspices and control of the Department's rules and regulations and policies and procedures.

(d)

All officers working extra-duty details have the training, experience and skills required to perform the assignment safely and appropriately, and shall be denied assignment if he or she lacks the same. An officer may be declined permission to accept a specific extra-duty position if, in the judgment of the Chief of Police, the officer lacks the training, experience or skills needed for the assignment.

(e)

All escrow payments, certificates of insurance and applicable forms have been completed, submitted, and accepted as required.

Rates of compensation; administrative fee; payment for services. Rates of compensation for contracting the services of off-duty law enforcement officers for extra-duty shall be at a fixed rate per hour for the officer that shall be established by resolution authorized by the City of Burlington Common Council. Said amount shall be set to include any potential overtime due to the officer at his regular hourly rate. That set rate shall also be the rate of pay for the officer. Additionally, an administrative fee shall be charged to cover the administrative costs, overhead, and out-of-pocket expenses for the officer that are incurred by the City of Burlington, including, but not limited to, an administrative fee for use of a City of Burlington vehicle. All fees related to this section shall be set and established by resolution adopted by the City Common Council from time to time.

[Amended 5-3-2016 by Ord. No. 04-2016]

Performance of police-related services in other police jurisdictions. Officers of the City of Burlington Police Department are hereby authorized and empowered to perform extra-duty police-related services for private persons, entities, or organizations during off-duty hours in other police jurisdictions, subject to the approval by the Chief of Police. Rates for compensation and payment of officers engaged in such extra-duty assignments shall be that rate of payment and compensation established by ordinance in the outside jurisdiction.

City administration of extra-duty payments. All payments made by an employer for extra-duty employment, including, but not limited to, administrative costs, shall be placed in an extra-duty police account to be known and established as the "Police Extra-Duty Trust Account," or some other such name as required by the CFO of the City of Burlington and all funds collected for services rendered and disbursements made shall be by and through such account. Officers of the City of Burlington Police Department shall be paid for services performed on the scheduled pay dates and on the submission of a time voucher approved by the Chief of Police, or his designee, and presented to the City CFO for payment from the aforesaid account. No disbursement shall be made for extra-duty services rendered until full payment has been received on account of such service from the employer. The Chief of Police, or his designee, shall bill for all such services rendered by officers of the Department, and shall keep such further books and records as may be deemed appropriate by the Common Council of the City of Burlington or the City Auditor.

Any employer requesting extra-duty services of an off-duty officer shall submit a deposit in the "Policy Extra-Duty Trust Account" based upon the Police Chief's estimate of time required by the employer based upon the prevailing rate established by the City. The deposit shall be made prior to any officer providing extra-duty services, and, in the event the employer's escrow account becomes depleted, extra-duty services shall be immediately terminated by the Police Chief.

All funds, if any, remaining in the employer's escrow account after the extra-duty services are completed and paid for shall be returned to the employer, unless the employer elects to leave the escrowed amount in the account for future extra-duty employment.

Exemptions; waiver of extra-duty compensation. Any school district, charity or other nonprofit organization recognized by the Internal Revenue Code may apply to the Police Chief for an exemption from all fees codified within this section. The application for exemption shall be in writing and forwarded to the Police Chief. Additionally, any police officer may voluntarily elect to donate any extra-duty compensation earned to an employer that is recognized by the Internal Revenue Code as a charitable or nonprofit organization, which election by the officer shall be communicated to the Police Chief prior to commencing the extra-duty employment with the charitable or nonprofit employer, including school districts.

Police vehicle. The Chief of Police shall determine if extra-duty assignments require the use of a Burlington City vehicle, and, if so determined, the Police Chief shall impose and charge a fee as set by resolution of the Common Council for the City of Burlington with a minimum of $12.50 per hour, minimum four hours per use for the use of said vehicle with such fee to be payable to the City.

Business within the City of Burlington. Any person, entity, or organization wishing to employ off-duty police for extra-duty work within the City limits or municipal boundaries of the City of Burlington must engage the City of Burlington Police Department in order to effectuate the use of and employ off-duty police officers for extra-duty work. As previously defined herein, if the City of Burlington Chief of Police declines such an employment request, the Chief of Police may either refer the employment opportunity to another municipal police department of the New Jersey State Police or may advise the employer that they may seek out an alternative municipal police department of the New Jersey State Police. The Chief of Police retains the authority to deny such employment and deny the employer authorization to seek out such alternative police at the Chief of Police's discretion. The Chief of Police is hereby authorized and directed to establish such rules and regulations as are necessary to implement this section. If the employer engages another police department, said employer must apply to the City of Burlington Chief of Police for approval.

§ 2-25 Chief of Police.

[Amended by Ord. No. 14-1998]

Creation of position. The position of Chief of Police is created in the City. All permanent officers in the Police Division who have attained the rank of Lieutenant and have served at least one year in such position shall be eligible to take the promotional examination for Chief of Police. Until such time as a permanent Chief of Police is appointed, the Council shall appoint an Acting Chief of Police who, while acting in such capacity, shall have all the powers and duties of the Chief of Police.

Duties. The Chief of Police shall be the executive head of the Police Division. It shall be the duty of the Chief of Police to cause the public peace to be preserved and to see that all laws and ordinances relating thereto are properly enforced. He/she shall faithfully and promptly obey and cause all persons under him/her to obey all the rules, regulations and orders from time to time prescribed by the Council. He/she shall, in case of tumult, riot, insurrection or threatenings thereof, take command of the police force in person and direct their movements and operations in the discharge of their duties.

Responsibilities. The Chief of Police shall:

[Amended 2-2-2010 by Ord. No. 01-2010]

Be directly responsible for all action of the Police Division to the Mayor or the Mayor's designee who is the "appropriate authority" pursuant to N.J.S.A. 40A:14-118;

Maintain records of all expenditures of the Division and submit reports thereof on demand of the appropriate authority. All records and activities concerning the Division that are not confidential by law shall be made available to the appropriate authority upon demand;

From time to time, and at least once a year, submit suggestions and recommendations for the improvement of law enforcement in the community.

§ 2-26 Other supervisory personnel.

[Amended 2-2-2010 by Ord. No. 01-2010; 3-19-2013 by Ord. No. 01-2013]

Captains. Captains shall serve as command personnel and shall be responsible for the supervision of the personnel of the Police Division. Captains shall perform all duties and perform such duties as the Chief of Police may assign, and all other duties as listed by the title of Captain pursuant to the Civil Service Commission of the State of New Jersey.

Lieutenants. Lieutenants shall serve as command personnel and shall be responsible for the supervision of the personnel of the Police Division. The Lieutenants shall also perform such other duties as the Captain and Chief of Police may assign.

Sergeants. Under the supervision of a Lieutenant, a Sergeant shall be responsible for police activities intended to provide assistance and protection for persons, safeguard property, and assure observance of the law. The Sergeants shall also perform such other duties as Lieutenants, the Captain or the Chief of Police may assign.

§ 2-27 Patrol officers.

Position established. The position of patrol officer is established in the City.

Duties. A patrol officer shall:

During an assigned tour of duty, patrol a designated area on foot or in an automobile to provide assistance and protection for persons;

Safeguard property;

Assure observance of the law and apprehend law breakers;

§ 2-28 Special law enforcement officers.

Do related work, as required.

[Amended by Ord. No. 08-2002]

Creation of position. The Common Council, as it deems necessary, shall appoint special law enforcement officers sufficient to perform the duties and responsibilities permitted by this chapter and authorized by N.J.S.A. 40A:14-118. No such appointment shall be made until the Chief of Police or, in the absence of the Chief, the chief law enforcement officer designated by the Chief of Police, shall have certified, in writing, that an applicant for the position of special law enforcement officer is both eligible and qualified to hold the position.

Qualifications. No person may be appointed as a special law enforcement officer unless such person:

Is a resident of the State of New Jersey during the term of the appointment;

Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent;

Is sound in body and of good health;

Is of good moral character;

(5)

Has not been convicted of any offense involving dishonesty which would make him/her unfit to perform the duties of the office of special law enforcement officer;

(6)

Has successfully undergone the same psychological testing that is required of all full-time police officers;

(7)

Complies with all other requirements set forth in N.J.S.A. 40A:14-146.8 et seq., the administrative rules and regulations of the Department of Law and Public Safety and the general ordinances of the City of Burlington;

(8)

A hiring preference shall be given to a resident of the City.

Classification. Special law enforcement officers shall be classified as belonging to either Class One or Class Two, based upon the duties to be performed by each class, as follows:

Class One. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties as may be assigned by the Chief of Police or, in the absence of the Chief, the law enforcement officer designated by the Chief of Police. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of City ordinances and violations of N.J.S.A. 39:1-1 et seq. The use of a firearm by a Class One special law enforcement officer shall be strictly prohibited. No Class One officer shall be assigned any duty which may require the carrying or use of a firearm.

Class two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by a Class Two special law enforcement officer may be authorized only after the officer shall have been fully certified as successfully completing training, as prescribed by the Police Training Commission established in the Department of Law and Public Safety.

Training course. No person shall commence duties as a special law enforcement officer until having successfully completed a training course approved by the Police Training Commission. In addition, no Class Two special law enforcement officer shall be issued a firearm prior to having successfully completed the basic firearms course required by the Police Training Commission for permanent, regularly appointed police and annual requalification examinations.

Persons ineligible for appointment. No person shall be eligible to serve as a special law enforcement officer in the City if that person intends to serve as a special law enforcement officer in another municipality; nor shall any permanent, regularly appointed full-time police officer be permitted to simultaneously serve as a special law enforcement officer in the City. No public official with responsibility for setting law enforcement policy or exercising authority over the budget of the City or supervision of the Police Department shall be appointed as a special law enforcement officer.

Fingerprints. Every applicant appointed to the position of special law enforcement officer shall have fingerprints taken, which fingerprints shall be filed with the Division of State Police and the Federal Bureau of Investigation.

Continuation in position of existing officers. All persons appointed and in service as special law enforcement officers on January 13, 1986, may continue to hold that position if within 24 months of such date they will have completed all training and certification requirements of N.J.S.A. 40A:14-146.8 et seq.

Powers and authority. The Chief of Police or, in the absence of the Chief, such other law enforcement officer designated by the Chief, may authorize special law enforcement officers when on duty to exercise the same powers and authority as permanent, regularly appointed police officers, including, but not limited to, the carrying of firearms and the power of arrest, subject to rules and regulations not inconsistent with the certification requirements of N.J.S.A. 40A:14-146.8 et seq., as may be established by this chapter.

Appointment; term; revocation. A special law enforcement officer may be appointed for a term not to exceed one year. The powers and duties of a special law enforcement officer shall cease at the expiration of the term to which the special law enforcement officer shall have been appointed. At the expiration of such term, the Common Council shall have absolute discretion in determining whether to reappoint. The appointment of a special law enforcement officer may be revoked by the Common Council for cause after adequate hearing, unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing.

Duty times. A special law enforcement officer shall be deemed to be on duty only while performing the public safety functions on behalf of the City pursuant to N.J.S.A. 40A:14-146.8 et seq., and when receiving compensation, if any, from the City at the rates or stipends as established by ordinance. A special law enforcement officer shall not be deemed to be on duty while performing private security duties for private employers which duties are not assigned by the Chief of Police, or his/her designee, or while receiving compensation for those duties from a private employer. A special law enforcement officer may, however, be assigned by the Chief of Police, or his/her designee, to perform public safety functions for a private entity if the Chief, or his/her designee, supervises the performance of the public safety functions. If the Chief of Police, or his/her designee, assigns a public safety duty and supervises the performance of those duties, then, notwithstanding that the City is reimbursed for the cost of assigning a special law enforcement officer at a private entity, the special law enforcement officer shall be deemed to be on duty.

Hours of employment. Upon the recommendation of the Chief of Police, the Common Council shall designate one special law enforcement officer who may be employed for more than 20 hours per week. Except in periods of emergency, in which event there shall be no limitation as to hours per week, no special law enforcement officer may be employed for more than 20 hours per week. An emergency shall be defined as any sudden, unexpected or unforeseeable event requiring the immediate use or deployment of law enforcement personnel, as shall be determined by the Chief of Police, or his/her designee. Vacations, shortages in police personnel caused by vacancies unfilled by the Common Council for more than 60 days or any other condition which could reasonably have been anticipated or foreseen shall not constitute an emergency. However, an emergency may continue when a vacancy remains unfilled for more than 60 days and when, on application of the Common Council, the County Prosecutor grants an extension for one or more sixty-day period upon a showing by the Common Council of a diligent, good faith effort to fill the vacancy.

Supervision; conduct. A special law enforcement officer shall be under the supervision and direction of the Chief of Police, or his/her designee, and shall perform all duties solely with the City, unless in fresh pursuit of any person pursuant to N.J.S.A. 2A:156-1 et seq. A special police officer shall comply with the rules and regulations applicable to the conduct and decorum of the permanent, regularly appointed police officers of the City, as well as all rules and regulations applicable to the conduct and decorum of special law enforcement officers.

Uniforms; cost; compensation for training time.

Uniforms. A special law enforcement officer, prior to the commencement of duty, shall be in uniform, properly displaying the appropriate insignia. At a minimum, the uniform shall include, but not be limited to, a hat and appropriate badge which shall contain the name of the City of Burlington and the identification number or name tag of the special law enforcement officer. The uniform shall also include an insignia issued by the Police Training Commission identifying the officer's status as either a Class One or Class Two special law enforcement officer.

Cost of uniforms and equipment. The Common Council shall charge a special law enforcement officer a reasonable fee for all equipment and uniforms which it supplies.