[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:
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
Liability insurance.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
H.
Employment status. While performing extra-duty employment, police
officers shall be considered to be performing services for the hiring
entity.
I.
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.
