[Adopted 8-2-2004 by Ord. No. 2004-10]
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.
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.
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 §Â
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.