[HISTORY: Adopted by the Borough Council of the Borough of Lincoln Park 3-19-2001 by Ord. No. 1,261, effective 4-8-2001 (Ch. 40 of the 1991 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 99.
For purposes of facilitating the retention of off-duty law enforcement officers of the Borough of Lincoln Park, including but not limited to employment authorized by § 450-30, Traffic controls for street and highway construction and maintenance operations, of this Code, and the authorization of off-duty employment of law enforcement officers of the Borough, the Borough of Lincoln Park hereby establishes the within policy regarding the use of said officers.
A. 
Subject to the requirements of any current collective bargaining agreement and this chapter, the members of the Lincoln Park Police Department are permitted to accept police-related employment for private, public and semipublic entities during off-duty hours and/or during such times as will not substantially interfere with the efficient operation of the Police Department, in the absolute discretion of the Chief of Police.
B. 
Any person, firm or entity desiring to employ any off-duty law enforcement officer of the Borough of Lincoln Park, for any lawful purpose, shall first obtain the consent of the Chief of Police, who shall grant such approval only if, in his absolute discretion, he determines that such employment would not be inconsistent with the efficient operation, good reputation, or duties of the Police Department or would not unreasonably endanger or threaten the safety of any law enforcement officer performing such employment.
All requests to the Borough for the services of off-duty law enforcement officers shall be directed in writing to the Chief of Police, or his designee, upon forms established by the Borough, at least 14 days prior to the date when such services may be required. Any off-duty law enforcement officer of the Borough of Lincoln Park, when employed by the Borough for work pursuant to this chapter, shall be treated as an employee of the Borough of Lincoln Park. However, except as may be modified by any collective bargaining agreement, any wages earned by such off-duty law enforcement officer shall not be utilized as credit against accumulated pension benefits, nor shall hours worked be considered compensable as overtime.
A. 
Any person, firm or entity desiring to employ any off-duty law enforcement officer of the Borough of Lincoln Park shall, at the time of submission of any request, provide an estimate of the number of hours such services shall be required, together with the time, date, location and description of the services required, subject to the approval of the Chief of Police, or his designee. The applicant shall deposit with the Chief Financial Officer of the Borough a deposit in an amount sufficient to cover the total estimated time period, at the rates of compensation set forth in § 96-4.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Prior to scheduling or confirmation of the employment of any law enforcement officer, the Chief of Police shall certify to the Chief Financial Officer that the deposit required shall be sufficient to cover the costs for the estimated time period set forth in the application. No law enforcement officer of the Borough of Lincoln Park shall be permitted to engage in employment pursuant to this chapter unless a sufficient deposit has been made with the Chief Financial Officer. No law enforcement officer may provide services in accordance with this chapter for more hours than the estimated time set forth in the application, unless approved, in writing, by the Chief of Police, and upon the posting of an additional deposit to cover such additional time.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In the event the funds deposited pursuant to this section shall become depleted, the services of all off-duty law enforcement officers shall immediately terminate, and no further services shall be provided, unless and until an additional deposit, sufficient to cover such additional services, is made to the Borough.
Rates of compensation for the employment of off-duty law enforcement officers of the Borough of Lincoln Park pursuant to this chapter shall be established, annually, by resolution of the governing body of the Borough of Lincoln Park.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
In the event of emergency, the Chief of Police, in his sole and absolute discretion, may permit or extend an application for retention of off-duty law enforcement officers, and relaxation of the specific requirements hereof, including but not limited to the time period set forth in § 96-2, and the deposit requirement of § 96-3, notwithstanding the applicant's noncompliance with any of the provisions of this chapter.
B. 
Nothing herein shall be construed to permit or excuse an applicant from the payment of any and all charges for compensation for the employment of off-duty law enforcement officers, pursuant to § 96-4, or from the submission and approval of a fully completed application, pursuant to § 96-2.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
In the event an application is granted for relaxation of any requirement by the Chief of Police pursuant to this section, the applicant shall be required to make payment of all charges for compensation for the employment of off-duty law enforcement officers within 72 hours following the completion of any such services. Failure to make payment in accordance with this subsection shall result in the imposition of a 5% surcharge for each twenty-four-hour period or portion thereof in which payment is delinquent.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).