[Added 11-10-2003 by Ord. No. 3-2003; amended 11-14-2011 by Ord. No. 30-2011; 4-25-2016 by Ord. No. 15-2016]
The purpose of this article is to establish a procedure providing
for the acquisition of and compensation to members of the police force
during off-duty hours by private parties requiring special police
services.
[Amended 4-13-2020 by Ord. No. 12-2020]
A.
Eligibility
and limitations. Sworn members of the East Orange Police Department
who are authorized to engage in off-duty employment shall be permitted
to accept police-related employment, in accordance with the East Orange
Police Department Rules and Regulations, for private employers who
are separate and independent from the City of East Orange, only during
off-duty hours, to perform public safety functions on behalf of and
as assigned by the Public Safety Director or the Chief Law Enforcement
Officer of the Police Department, while receiving compensation at
the rates established by the governing body of the City of East Orange,
at such times as will not interfere with the efficient actual performance
of regularly scheduled or emergency duty for the City.
B.
The City'
s Off-Duty Employment Program shall be managed by an outside entity
that is selected on an annual basis in a manner that comports and
complies with New Jersey's Local Public Contracts Law, N.J.S.A. 40A:11-1.
A.
Approval of Public Safety Director. Any person or entity wishing
to employ off-duty East Orange police officers as security officers
(as an employee, agent or subcontractor of a private security company
or private employer) shall first obtain the approval of the Public
Safety Director or his or her designee, which approval shall be granted
if, in the opinion of the Public Safety Director or his or her designee,
such employment is necessary and 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.
All road construction, traffic control or public safety functions
required which interfere with motor vehicle or pedestrian traffic
on City streets (curb to curb) shall require the use of a uniformed
police officer. The East Orange Director of Public works shall determine
whether an officer is needed while the Director of the Department
of Public Safety will determine the specific number of officers that
are required. Off-duty East Orange Police Officers shall be assigned
to provide the services contemplated by this chapter. Violations of
this requirement shall be deemed a disorderly persons offense by the
person that requested and/or paid for the out-of-district officers.
[Amended 4-13-2020 by Ord. No. 12-2020]
C.
The Public Safety Director or his or her designee is hereby authorized
to execute an agreement with the applicant for services required,
which agreement shall set forth the specific nature of the services
to be performed, the location, dates and hours of service, payment
arrangements mandated by this article, insurance coverage or any other
provisions required by law or regulation of the State of New Jersey.
The applicant must first file a request for services with the Police
Department's Outside Employment Unit.
D.
All requests to the City for the services of off-duty law enforcement
officers in the City of East Orange Police Department shall be forwarded
to the Public Safety Director for posting within the time frame established
by the Police Department. The Public Safety Director in his or her
discretion may approve emergency requests for services.
E.
All requests to the East Orange Police Department for the services
of off-duty law enforcement officers for a period of one week or longer
shall be forwarded to the Public Safety Director or his or her designee
for posting at least 10 business days before such services are required.
Any law enforcement officers, when so employed by private employers,
shall be compensated at the rate set forth herein.
[Amended 4-13-2020 by Ord. No. 12-2020]
F.
All requests to the East Orange Police Department for service of off-duty law enforcement officers for a period of less than one week shall be forwarded to the Public Safety Director or his or her designee for posting within seven business days prior to the desired start work date. Any law enforcement officers, when so employed by private employers, shall be compensated at the rates set forth in § 60-99.1.
G.
In emergency situations, requests to the East Orange Police Department
for the services of off-duty law enforcement officers shall be made
as necessary to the Public Safety Director or his or her designee,
who shall use his or her discretion in approving or denying that request,
considering the interests of the Police Department.
H.
Any law enforcement officers, when so employed, shall not be considered
an employee of the City, except for discipline purposes. Any and all
wages earned for outside employment shall not be applied toward the
pension benefits of law enforcement officers so employed, nor shall
hours worked for outside employment be considered in any way compensable
as overtime under the Fair Labor Standards Act, 29 U.S.C. § 201
et seq., or compensable in any other manner that requires the City
to pay the officers by City funds through its payroll system.
I.
The Police Department Policy and Procedures shall be revised to be
in compliance with this section and N.J.S.A. 45:19A-9 et seq.
East Orange police officers performing off-duty police-related
services for applicants shall be in full police uniform while said
services are being provided.
A.
Establishment. 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 City' s designee shall establish and
maintain an escrow account from which all monies will be paid.
[Amended 4-13-2020 by Ord. No. 12-2020]
B.
Any person or entity requesting the services of an off-duty law enforcement officer in East Orange shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Public Safety Director, or his or her designee, and upon Public Safety Director's approval, a copy of said approval shall be forwarded to the City's Finance Division. The person or entity requesting the services shall then forward payment for services for the total estimated hours of service, the rates of compensation and administrative fees as set forth in § 60-99.1 to the Finance Division or the City's designee for deposit in the off-duty employment escrow account prior to the commencement of said services.
[Amended 4-13-2020 by Ord. No. 12-2020]
C.
In any 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 as set forth in § 60-99.1 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.
D.
Prior to posting any request for services of off-duty law enforcement
officers, the Public Safety Director 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
Public Safety Director 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 in the
off-duty employment escrow account. All payments must be remitted
directly to the City of East Orange Finance Division for deposit in
said account. No officer shall be paid directly by any employer for
requested services nor provide any such services for more hours than
are specified in the request for services.
E.
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.
F.
In the event the funds in the escrow account should become depleted
or that the escrow account falls below the designated level, services
of off-duty law enforcement officers shall cease, and further requests
for additional or future services shall not be honored or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
G.
On a quarterly basis, the City's designee shall provide the City
of East Orange with its administrative fees and a detailed accounting
of all escrow accounts. Both items shall be provided to the City's
Chief Financial Officer.
[Amended 4-13-2020 by Ord. No. 12-2020]
H.
The City
shall establish a list of officers that are eligible for outside employment.
The revolving list will be arranged alphabetically and managed by
the City's designee.
[Added 4-13-2020 by Ord. No. 12-2020]
A.
Absent any contractual agreements with a vendor or contractor to
the contrary, the following rates of compensation apply:
(1)
Traffic control, parades and events, movie/TV sets: $82.50 per
hour.
[Amended 4-13-2020 by Ord. No. 12-2020]
(2)
Store or building security: $82.50 per hour.
[Amended 4-13-2020 by Ord. No. 12-2020]
(3)
Supervisory fee: $5 per hour added to the applicable fee.
(4)
An
administrative fee of 25% shall be added to the aforementioned rates
of compensation to offset expenses the City incurs in connection with
the outside employment program.
[Added 4-13-2020 by Ord. No. 12-2020]
B.
Off-duty nonsupervisory employees shall be compensated at a rate
of $82.50 per hour. Supervisory officers shall be compensated at a
rate of $87.50 per hour.
[Amended 4-13-2020 by Ord. No. 12-2020]
C.
Once a determination is made by the Director of Public Works that
an off-duty officer(s) is in fact needed, the City's Public Safety
Director shall determine the number of officers that are required
as well as whether a supervisor's presence is needed.
[Amended 4-13-2020 by Ord. No. 12-2020]
D.
An administrative fee of 25% shall be added to the aforementioned
rates of compensation to offset expenses the City incurs in connection
with the outside employment program.
[Amended 4-13-2020 by Ord. No. 12-2020]
F.
Exemption. All public utility companies are exempt from the provisions
set forth in this section requiring advance payment to the trust account,
providing, however, that there are no amounts previously due that
are outstanding for a period in excess of 15 days. Any such delinquent
balances shall require advance payment of the amount outstanding prior
to any officer engaging in any further off-duty assignments.
G.
Cancellation. In the event that the person or entity requesting the
off-duty law enforcement officers fails to contact the City of East
Orange at least four hours prior to the scheduled start time to cancel
the job, or the officer works less than four hours and the job is
completed, the officer is entitled to be paid for the minimum of four
hours.
H.
Request for City-owned vehicles. All requests for City-owned vehicles
for use exclusively by an officer while performing public safety functions
on behalf of and as assigned by the Police Department must be reviewed
by the Public Safety Director.
(1)
Marked police vehicle: $10 per hour.
I.
The request shall be approved in writing by the Public Safety Director
if, in the opinion of the Public Safety Director, the intended use
of the vehicle by the off-duty officer would not be inconsistent with
the rules and regulations of the East Orange Police Department, the
laws of this state and/or the efficient functioning and good reputation
of the East Orange Police Department.
J.
The aforesaid rates may be reviewed from time to time as may be appropriate;
however, they shall remain in full force and effect until appropriately
amended.[2]
[2]
Editor's Note: Former Subsection K, regarding revision for
compliance with this article and state statute, which immediately
followed this subsection, was repealed 4-13-2020 by Ord. No. 12-2020.
The Public Safety Director or his or her designee shall have
the authority to order any police officer engaged in off-duty assignments
within the City of East Orange to respond to an emergency situation
within East Orange. The Public Safety Director or his or her designee
shall also have the right to order any 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
East Orange.
A.
The applicant (private security company or private employer) shall
be responsible for providing all insurance coverage as required by
law. The applicant shall provide East Orange with appropriate certificates
of insurance naming East Orange and the police officers as additional
insureds and evidencing that the police officer and the City are covered
by general liability coverage on an occurrence basis of at least $1,000,000
each occurrence and workers' compensation insurance with respect to
the services to be provided. The certificate of insurance or the policy
shall contain the following language: "The City of East Orange, its
agents, servants and administrators are included as additional insureds
with respect to general liability coverage as required by written
contract."
B.
As an alternative, the Public Safety Director, after consultation
with the City's Risk Manager, may accept a broad form policy endorsement
in addition to a certificate of insurance (with language satisfactory
to the City's Risk Manager, in accordance with City policies and procedures)
naming the City of East Orange and the police officer as additional
insureds under the policies.
A.
The person or entity requesting the services of the off-duty police
shall execute an appropriate hold harmless and indemnity agreement,
which shall provide that such person or entity shall indemnify, defend,
and hold harmless the City of East Orange, its agents, servants and
administrators from and against any and all claims, or actions at
law, whether for personal injury, property damage or liability, including
any cost of defense incurred by the City of East Orange which arises
from any acts or omissions of the insured, its agents, or employees
arising out of or related to the use of off-duty East Orange police
officers.
B.
This indemnification and hold-harmless agreement and the duty to
defend shall apply in all instances, whether the City of East Orange
is a plaintiff or is made a direct party to the initial action or
claim or is subsequently made a party to the action by third-party
in-pleading or is made a party to a collateral action arising, in
whole or in part, from any of the issues from the original cause of
action or claim.
