[Adopted by the Township Council of the Township of Ewing 12-8-2015 by Ord. No. 15-38. Amendments noted where applicable.]
There is hereby created a procedure for the employment of off-duty Township police officers for "extra-duty" (off-duty) details. "Extra-duty" details shall mean any off-duty employment by a business, organization or individual ("hiring entity") of a Township police officer to engage in police-related activities, such as patrolmen to direct traffic at shopping centers, construction sites, or office complexes, as well as serving as security at shopping centers, construction projects and other environments. Acceptances of such extra-duty employment shall be strictly voluntary, and the acceptance or declination of such employment is not a condition of employment.
Any hiring entity wishing to employ Township police officers for extra-duty employment shall adhere to the following:
Requests for services. A hiring entity shall submit a written request for extra-duty employment stating the nature of the employment as well as the times and dates the employment is requested to the Township Chief of Police or his or her designee. Approval shall be denied if, in the opinion of the Chief of Police, such employment would be inconsistent with the efficient functioning and good reputation of the Township Police Department, is inappropriate for any reason in the opinion of the Chief of Police or would unreasonably endanger or threaten the safety of the officer or officers who are to perform the work. In no case may an entity licensed to serve alcohol contract with the Township to provide off-duty police officers for extra duty work. All requests for extra-duty services shall be submitted at least five business days prior to the requested date of services. Requests made after that time will be charged at the short notice rates provided herein.
Written agreement. No hiring entity shall employ a Township police officer for extra-duty employment without first having entered a signed written agreement with the Township. Said written agreement shall be in accordance with the provisions of this chapter and must be accompanied by a certificate of insurance that has been approved in accordance with this chapter.
Prepayment of wages and fees. All wages and fees must be received by the Township in full prior to the performance of extra-duty employment. A hiring entity shall be required to estimate the number of hours such law enforcement services are required. The hiring entity shall be responsible for ensuring sufficient funds are paid prior to services rendered to avoid any interruption of services. Under no circumstances shall the wages and fees for extra-duty employment be paid from municipal funds.
Administration of wages and fees. The Township shall administer any and all wages and fees for extra-duty police work through its dedicated police off-duty employment trust fund which has been approved by rider from the state.
Overtime and pension. Wages earned for outside extra-duty employment by any police officer shall not be applied toward the pension benefits of the police officer so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime payable by the Township.
Assumption of liability. The hiring entity shall assume any and all liability arising out of extra-duty police work, whether such liability is direct or vicarious, including, but not limited to, liability arising from travel to and from a job location and services rendered during a shift.
Each person or entity that shall employ off-duty police officers pursuant to this section shall be responsible for maintaining his, hers or its own insurance coverage. Said insurance coverage shall include but not be limited to general liability and automobile liability and shall name the Township of Ewing as an additional insured by endorsement on the policy. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Township of Ewing, as provided hereafter, prior to the assignment of any off-duty police officers to said person or entity. The person or entity shall provide for the aforementioned insurance for any and all officers, vehicles and/or equipment that is utilized in the off-duty assignment.
Workers' compensation insurance. Prior to the commencement of any extra-duty employment, the hiring entity shall deliver to the Township a certificate of workers' compensation; such policy shall provide for a minimum coverage of $1,000,000 for any one claim and shall otherwise be reasonably satisfactory to the Township as to amounts of coverage, types of coverage, deductibles and insurers. The hiring entity must include the Township as an additional insured under its workers' compensation policy through endorsement.
All policies of insurance evidenced by any certificate filed hereunder shall be maintained by the employer in full force and effect at all times while any police officer is employed by such employer. Upon a change or renewal of any such policy of insurance, the employer shall forthwith file with the Township Clerk a new and current certificate of insurance in compliance with the foregoing provisions.
No certificate of insurance required by this subsection shall be deemed filed with the Township Clerk unless it has first been reviewed and approved by the Township Risk Manager.
Employment status. While performing extra-duty employment, police officers shall be considered to be performing services for the hiring entity.
Indemnification. The hiring entity shall save and hold harmless the Township, and its officers, officials, agents, servants, administrators, elected officials and employees, from and against any and all liability arising out of the performance of extra-duty police work, whether such liability is direct or vicarious. This requirement shall be construed as broadly in favor of indemnification as permitted by New Jersey law.