[Adopted 10-8-2003 by Ord. No. 2003-016]
A.
Purpose. For the convenience of those persons and entities which
utilize the services of off-duty law enforcement officers of the Borough
of Spotswood Police Department, and to authorize the outside employment
of Borough police while off-duty, the Borough of Spotswood establishes
a policy regarding the use of said officers in compliance with Attorney
General Formal Opinion 1997- No. 23.
(1)
Members of the Spotswood Police Department shall be permitted to
accept police-related employment from private employers or 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 of the Borough.
(2)
Any person or entity wishing to employ off-duty police shall first
obtain the approval of the Chief of Police or his or her designee,
which approval shall be granted, if, in the opinion of the Chief or
his or her designee, such employment would not be inconsistent with
the efficient functioning and good reputation of the Police Department
and would not unreasonably endanger or threaten the safety of the
officer or officers who are to perform the work.
B.
Escrow account.
(1)
To assure the timely payment of wages to police officers who perform
off-duty services, and to meet the requirements of the Fair Labor
Standards Act, the Borough of Spotswood hereby establishes a trust
fund to be known as the "Off-Duty Employment Escrow Account," which
trust fund shall be dedicated for the receipt of fees collected from
private persons or entities for the payment of wages to police officers
for off-duty or outside employment services.
(2)
Any person or entity requesting the services of an off-duty officer in the Spotswood 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, or his or her designee, and shall establish an escrow account with the Chief Financial Officer of the Borough of Spotswood by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D for the total estimated hours of service.
(3)
In an instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees set forth in Subsection D for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
(4)
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police or his or her designee shall verify
that the balance in the escrow account of the person or entity requesting
services is sufficient to cover the compensation and fees for the
number of hours specified in the request for services. The Chief of
Police or his or her designee shall not post a request for services
from any person or entity unless all fees and compensation required
in the manner described above have been deposited with the Chief Financial
Officer. All payments must be remitted directly to the Borough of
Spotswood. No officer shall provide any such services for more hours
than are specified in the request for services.
(5)
In the event that funds in such an escrow account should become depleted,
service 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. In the event of an unforeseen emergency situation
that would require an officer to remain beyond the time for which
funds have been posted, the Chief of Police or his or her designee
may waive the requirements for posting additional funds after the
first 10 hours for any person or entity exhibiting a previous satisfactory
payment history. However, payment for additional hours shall be made
by the person or entity requiring the extended service within 48 hours.
(6)
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.
(7)
Failure to pay. In the event the person or entity contracting for
such services should fail to pay any balance due for services performed
by the members of the Spotswood Police Department, this matter would
be forwarded to the Borough Attorney for the appropriate legal action
to collect said funds.
(8)
Exemption. All public utility companies that are under the jurisdiction
of and regulated by the New Jersey Board of Public Utilities are exempt
from the provisions set forth in this section requiring advance payment
to the escrow account; providing; however, that there are no amounts
previously due that are outstanding prior to any officer engaging
in any further off-duty assignments.
C.
Requests for services.
[Amended 8-17-2020 by Ord. No. 2020-11]
(1)
All requests to the Borough for services of all off-duty law enforcement
officers in the Spotswood Police Department shall be forwarded to
the Chief of Police or his or her designee for posting at least 36
hours before such services are required.
(2)
In emergency situations, request to the Borough for the services
of off-duty law enforcement officers in the Spotswood Police Department
shall be made as necessary to the Chief of Police or his designee,
who shall make every effort to accommodate such request in a reasonable
manner in his or her discretion.
(3)
Any law enforcement officers, when so employed by the Borough, shall
be compensated at the following hourly rate and treated as an employee
of the Borough; provided, however, the wages earned for outside employment
shall not be applied toward pension benefits of law enforcement officers
so employed.
D.
Rates of compensation; administrative fee; payment for services.
[Amended 2-2-2015 by Ord.
No. 2015-02; 10-5-2015 by Ord. No. 2015-13; 8-17-2020 by Ord. No. 2020-11]
(1)
Effective September 12, 2020, the rate for off-duty law enforcement
officers charged to a third-party vendor shall be the higher of an
officer's overtime rate or $80 per hour. This shall not apply
to any outside jobs funded by the Borough or outside jobs funded by
the Board of Education, which rates shall be paid at the officer's
overtime rate.
(2)
Effective March 1, 2015, there shall be a four-hour minimum for all
requests for services of off-duty law enforcement officers. The four-hour
minimum shall not apply to any outside jobs funded by the Borough
or outside jobs funded by the Board of Education. Requests for off-duty
employment by a third-party vendor shall be scheduled in four-hour
blocks. There shall be a four-hour minimum for all off-duty law enforcement
officers scheduled for services.
(3)
Effective September 12, 2020, the fee for police vehicle and fuel
shall be $20 per hour.
(4)
Effective September 12, 2020, an additional administrative fee of
8% is hereby established to cover administrative costs, overhead and
out-of-pocket expenses of the Borough of Spotswood.
E.
Cancellation. Effective March 1, 2015, cancellation/booking within
36 hours of the scheduled start time for an outside-duty job will
result in the billing of two hours straight-time pay respectively.
[Amended 2-2-2015 by Ord.
No. 2015-02; 8-17-2020 by Ord. No. 2020-11]
F.
Public emergency. The Chief of Police or his or her designee shall
have the authority to order any police officer engaged in off-duty
assignments within the Borough to respond to an emergency situation
within the Borough of Spotswood. The Chief of Police or his designee
shall also have the right to order an off-duty assignment to be terminated
whenever said assignment creates an unacceptable risk to the health,
safety and welfare of the off-duty officer and/or the citizens of
the Borough of Spotswood. In the event that a police officer is assigned
to an emergency situation, the Police Chief or his designee shall
make note of said off-duty assignment. In any situation where an off-duty
police officer is called to an emergency situation, said person or
entity shall not be responsible for the payment of the officer's hourly
rate, administrative fee or any other fees to the Borough of Spotswood
until such time as said police officer and/or equipment returns to
the assignment with the off-duty employer.
