[Amended 1-20-2017 by Ord. No. Z-462; 2-15-2017 by Ord. No. Z-470]
As used in this article, the following terms shall have the
meanings indicated:
Any employment or assignment which the Police Department
is not obligated or expected to provide, or does not normally provide
as part of its regular plan of police service; performed by an officer
of the Hoboken Police Department for a person or entity who has entered
into a formal contract with the City for the performance of such services
and where such services are conditioned upon the actual or potential
use of law enforcement powers by the Police Department employee.
Regularly scheduled shifts of police duty, overtime, special
assignments, department-sanctioned schooling in lieu of regular duty,
and court appearances arising out of an officer's employment with
this department.
Any off-duty employment that will not require the use or
potential use of law enforcement powers by the off-duty officer.
A.Â
The fee for outside employment services shall be paid by the person
or entity requesting the services and shall be set forth in the PBA
& PSOA Collective Bargaining Agreements.
B.Â
Outside employment will be regulated by the Department and may be
considered for approval provided the employment does not represent
a conflict of interest and the employment and/or tasks do not reflect
unfavorably on the integrity or professionalism of the police officer
employee or the Police Department. Officers are prohibited from engaging
in outside employment that has not been approved by the Chief of Police.
C.Â
Outside employment opportunities shall be limited to the geographical
boundaries of the City, unless expressly authorized by the Chief of
Police. Any assignments outside of the City that are approved by the
Chief of Police must conform to the same rules and regulations.
D.Â
The administrative lieutenant shall function as the manager and point
of contact for all outside employment assignments. The administrative
lieutenant shall be responsible for maintaining a daily list of all
outside employment assignments scheduled in the City.
E.Â
The administrative lieutenant shall create and maintain a comprehensive
file for each vendor that contracts with the City for police services.
Said file shall contain all relevant information and forms relating
to outside employment assignments worked within two years from the
then-current date.
F.Â
Prior to the commencement of outside employment police services,
the individual or entity requesting police services will be required
to submit payment to the Police Department (which shall be forwarded
to the City Department of Revenue and Finance for deposit in an escrow
account) equaling a reasonable estimate of the cost of police services
based upon the total number of man hours requested. All such fees
must be paid in full prior to the date on which the outside employment
police services are scheduled to commence.
(1)Â
Some vendors and governmental agencies and their respective subdivisions
may be exempted from this requirement and may be billed for the actual
cost of the police services at the conclusion of the assignment or
on a periodic basis.
B.Â
All persons or entities requesting police services will be required
to submit a completed outside employment contract to the Chief of
Police or their designee at least 48 hours prior to the date the services
are needed.
C.Â
The Chief of Police or their designee will evaluate all requests
for outside employment police services to ensure that the request
is lawful and consistent with a positive image of law enforcement
officers.
A.Â
In order to be eligible to work outside employment, an officer must
be certified by the P.T.C. as a full-time law enforcement officer,
must have completed his field-training program and cannot be on medical
or other leave due to sickness, temporary disability or an on-duty
injury. These requirements may be waived by the Chief of Police.
B.Â
The administrative lieutenant or designee shall select officers who
have expressed interest in a particular outside employment assignment
based upon the previous number of outside employment and overtime
hours worked in the then-current quarter, and any other fair and reasonable
considerations as determined by the administrative lieutenant or Chief
of Police.
C.Â
In situations where two or more officers express interest in the
same assignment and both officers have previously worked the same
number of hours in the current quarter, the assignments shall be given
to the officer with the greater seniority.
[Amended 5-17-2017 by Ord. No. Z-488]
The hourly rate for the Outside Police Personnel Employment
Program ("Outside Employment Program" or "OEP") to be paid by a private
contractor shall be $80 per hour for members of the Hoboken Local
#2 PBA Union and the Hoboken Superior Officers Association, subject
to the following conditions:
A.Â
The City shall retain $10 per hour from the initial OEP billing rate
of $80 per hour for administrative overhead and necessary accounting
purposes.
B.Â
For members of the Hoboken Local #2 PBA Union, police officers shall
receive $70 per hour of which $5 shall be deducted from the gross
hourly wage, by the City, as agreed by the membership and forwarded
in quarterly installments to the PBA's Good and Welfare Fund.
C.Â
For members of the Hoboken Superior Officers Association, police
officers shall receive $70 per hour, of which $4 shall be deducted
from the gross hourly wage, by the City, as agreed by the membership
and forwarded in quarterly installments to the PSOA's Good and Welfare
Fund.
D.Â
For members of the Hoboken Local #2 PBA Union, the employee's final
gross hourly wage for OEP shall be $65 per hour and paid through the
City's Finance/Payroll Department, after all above mentioned deductions
are made.
E.Â
For members of the Hoboken Superior Officers Association, the employee's
final gross hourly wage for OEP shall be $66 per hour and paid through
the City's Finance/Payroll Department, after all above mentioned deductions
are made.
F.Â
The outside contractor shall pay to the officer overtime at the rate
of time and one half ($120 per hour) for all hours worked beyond an
initially eight-hour scheduled job. There shall be no additional monies
added, subtracted, or retained, by the City or the P.B.A., from this
overtime rate of pay.
G.Â
OEP in connection with private or for-profit events involving 1,000 persons or more, excluding those sponsored by the Board of Education or the City such as street festivals, parades, sporting events and the like, for members of the Hoboken Superior Officers Association the hourly rate for supervisors shall be $100 and the overtime rate shall be $150 with the same deductions as outlined in Subsections A and C above.
A.Â
The Chief of Police or his designee shall have the authority to order
any police officer engaged in an outside assignment within the City
of Hoboken to respond to an emergency situation occurring within the
City of Hoboken. The Chief of Police or his designee shall also have
the right to offer any outside assignment terminated whenever said
assignment created an unacceptable risk to the health, safety and
welfare of the officer and/or the citizens of the City of Hoboken.
B.Â
In the event that an officer is assigned to an emergency situation,
the Police Chief or his designee shall make note of said emergency
situation, as well as the time said officer was removed from said
outside assignment. In any situation where a police officer is performing
an outside assignment and is called to an emergency situation, said
private person or entity shall not be responsible for the payment
of the officer's hourly rate until such time as said police officer
returns to the outside employment.
The Police Chief and/or administrative officer may issue and
implement such administrative policies and procedures, not inconsistent
with this chapter, so as to implement the intent and purpose of this
chapter.
