[Adopted 2-27-2008 by Ord. No. O-2008-00002; amended in its
entirety 7-12-2023 by Ord. No. O-2023-00013]
Billing periods. Billing and payment practices for persons or
entities contracting for the provision of security services by off-duty
Sheriff's officers shall be conducted in accordance with local
finance laws and regulations promulgated by the Local Finance Board.
Due to the wide variety of assignments Sheriff's officers
may be asked to perform, as well as varying rates of compensation
paid law enforcement officers by the various municipalities, it is
reasonable to allow for different rates. Sheriff's officers are
to receive the same hourly rate paid to police officers in the municipality
in which they are to be working off-duty, including any municipal
administrative fees. The $7 per hour per Sheriff's officer administrative
fee the County charges to recoup its expenses for processing requests
and payments shall remain constant irrespective of the amount of administrative
fees charged by each municipality. The County or the TPA shall collect
the same hourly rate paid by the municipality, from which it shall
deduct the County's $7 per hour administrative fee per officer
and Federal Insurance Contributions Act Tax ("FICA") and then pay
the net remaining amount to the Sheriffs officer through the County's
regular payroll. Thus, by way of example, if the municipality pays
an hourly rate of $85 plus $7 hourly in administrative fees, the County
shall collect $92 per hour, from which it shall deduct the County's
$7 administrative fee and FICA with the remaining net amount paid
to the off-duty Sheriff's officer. If a TPA is in place, the
off-duty Sheriff's officer shall be paid for an assignment through
the TPA. The TPA shall collect the same hourly rate paid by the municipality,
from which it shall add the County's $7 per hour administrative
fee per officer and the employer Federal Insurance Contributions Act
Tax ("FICA"). The TPA shall forward the $7 per hour administrative
fee per Sheriff's officer to the County. The TPA shall be responsible
for the employer's FICA in its agreement with the County; the
County shall be responsible for the employee's FICA deductions.
The off-duty Sheriff's officer shall receive the net remaining
amount through the County's regular payroll. The amount an officer
earns off-duty shall be reflected in the officer's W-2 from the
County. The TPA shall collect its 8% on each assignment from the person
or entity requiring off-duty work separate from the amounts earned
by an off-duty Sheriff's officer and the administrative fees
to the County. Unless there are contractual agreements with a person
or entity to the contrary, the rates of compensation for the assignments
listed below shall be as follows:
A. Standard, steady security and crowd control. Compensation to the County for each Sheriff's officer shall be at the same hourly rate as the prevailing rate for the same work performed by police officers employed by the municipality in which the work is being performed, including any municipal administrative fees, from which the County or TPA shall deduct the County's $7 per hour administrative fee per officer and FICA in accordance with the example above in §
115-4. There shall be a minimum hourly rate of $85 per officer, plus the County administrative fee with the net remaining amount to the Sheriff's officer through the County's regular payroll. The administrative fee does not apply to off-duty employment performed on property owned or leased by the County of Essex.
B. Traffic/road construction. Compensation to the County for each Sheriff's officer shall be at the same hourly rate as the prevailing rate for the same work performed by police officers employed by the municipality in which the work is being performed, including any municipal administrative fees and all holiday and shift differentials, from which the County or TPA shall deduct the County's $7 per hour administrative fee per Sheriff's officer and FICA in accordance with the example above in §
115-4.
C. County property. Compensation for off-duty enforcement duties on
County property, such as concerts/special events and movie/television
shoots, shall be at an hourly rate of $85 per officer, from which
the County or TPA shall deduct FICA.
D. Four-hour minimum. All assignments shall have a four-hour minimum
per Sheriff's officer contracted. Any assigned TPA shall ensure
this minimum for assignments. Sheriff's officers are entitled
to pay for a four-hour minimum if the assignment is cancelled without
a two-hour notice prior to the contracted start time. Sheriff's
officers who begin an assignment that is cancelled before its completion
shall be entitled to pay at the rate of the four-hour minimum or actual
hours worked, whichever is longer.
E. Marked Sheriff's unit vehicle. Compensation for a Sheriff's officer working with a marked Sheriff's unit vehicle shall be at the hourly rate detailed above, including municipal administrative fees, plus the rate for utilization of a marked unit in the municipality in which the work is being performed, from which the County or TPA shall deduct its $7 per hour administrative fee per officer and FICA in accordance with the example in §
115-4 above. If the local ordinance does not specify a rate for a marked unit, the rate for a marked Sheriff's Office's unit shall be an additional $20 per hour. Any assigned TPA shall ensure compliance with this subsection.
F. Superior officers. Compensation for a superior Sheriff's officer, specifically requested due to his or her status as a supervisor, shall be the hourly rate as detailed above, which is the prevailing rate of the municipality for a superior officer, including municipal administrative fees, plus $10 per hour per supervisor, from which the County or TPA shall deduct its $7 per hour administrative fee per officer and FICA in accordance with the example in §
115-4 above. All assignments that require five Sheriff's officers to safely perform an assignment, as determined by the Sheriff's Office, shall have one supervisor on the job site for every five Sheriff's officers employed. For example, an event requiring five to nine Sheriff's officers would require one supervisor; an event requiring 10 to 14 officers would require two supervisors. The supervisor rate, as set forth above, shall apply. Any assigned TPA shall ensure compliance with this subsection.
Persons or entities contracting for off-duty law enforcement
services are placed on notice that the Sheriff is the primary employer
of Sheriff's officers and, in contracting for such services,
expressly agree to the following conditions:
A. Police-related work. Sheriff's officers providing law enforcement
services shall not be required to perform non-police-related tasks.
Police-related tasks typically involve crowd/traffic control and site
security.
B. Uniforms. Unless specifically authorized by the Sheriff or while
performing in the capacity of a security officer for a licensed security
officer company as defined under N.J.S.A. 45:19A-1 et seq., Sheriff's
officers shall be in uniform. Requests from persons or entities other
than licensed security officer companies for Sheriff's officers
to work in a plain-clothes capacity shall be made, in writing, to
the Sheriff, who in his or her sole discretion may approve or deny
such a request for any or no reason.
C. Cancellations. Persons or entities that have contracted for off-duty
Sheriff's officers and wish to cancel must provide a minimum
of two hours' notice or be subject to the four-hour minimum for
each Sheriff's officer contracted. Notification can be made via
telephone to the Sheriff or his/her designee or the TPA.
D. Number of Sheriff's officers needed. Persons or entities contracting
for the services of off-duty Sheriff's officers must accept as
final the number of Sheriff's officers required for the job at
hand as determined by the Sheriff or his/her designee.
E. State of emergency. The Sheriff or his/her designee shall, at all
times, have the authority to order any Sheriff's officer engaged
in off-duty assignments to respond to an emergency situation. The
Sheriff or his/her designee shall also have the right to order any
off-duty assignment terminated whenever said assignment creates an
unacceptable risk to the health, safety or welfare of the off-duty
Sheriff's officer and/or the citizens of Essex County.