[Added 7-10-2017 by Ord.
No. 7-2017]
For the convenience of those persons and entities that need
the services of off-duty law enforcement officers of the Borough of
Westville Police Department and to authorize the outside employment
of the Borough police officers while off duty, the Borough hereby
establishes a policy regarding the use of said officers.
A.
Members of the Police Department shall be permitted to accept police-related
employment from private employers or school districts only during
off-duty hours and at such times as will not interfere with the efficient
performance of regularly scheduled or emergency duty for the Borough.
B.
Any person or entity wishing to employ off-duty police shall first
obtain the approval of an officer designated by the Chief of Police
to handle the invoicing, scheduling and processing of payments for
extra-duty/off-duty police. Approval may be granted if, in the opinion
of the designated officer, such employment 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. At the time the request
for services is made, an authorized representative of the contracting
unit shall complete the standardized request form and contract. Such
form shall require a description of the site and the work that will
be performed by the officer(s).
C.
Private parties or attorneys who utilize police officers in civil
cases by request or subpoena shall be responsible to reimburse the
Borough for the costs incurred for the officer's time while complying
with the subpoena. The time incurred by the officer will be billed
by the Borough to the requesting private attorney or party at the
rate established for extraduty/off-duty assignments. A minimum of
four hours will be billed for the officer's time for each day
the officer is requested to appear. Officers will be compensated by
the Borough pursuant to prior practice and the collective bargaining
agreement for the time responding to the request or subpoena. This
subsection shall not apply to internal administrative or disciplinary
matters in which reimbursement to the Borough may not be applicable.
A.
Any person or entity requesting the services of an off-duty law enforcement
officer in the Borough of Westville Police Department shall estimate
the number of hours such law enforcement services are required, which
estimate shall be reviewed by the designated officer, and, if the
estimate is approved, in writing, by the designated officer, an escrow
account with the Borough shall be established by the depositing of
an amount sufficient to cover the cost estimate for the total estimated
hours of service.
B.
Prior to posting any request for services of off-duty law enforcement
officers, the Chief of Police, or his 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 Chief of
Police, or his designee, shall not post a request for service from
any person or entity unless all fees and the compensation required
in the manner described above have been deposited with the Borough.
No officer shall provide any such services for more hours than are
specified in the request for services.
C.
In the event the funds in such an escrow account shall become depleted,
services of off-duty law enforcement officers shall cease, and requests
for further or future services shall not be performed or posted until
additional funds have been deposited in the escrow account in the
manner prescribed above.
D.
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.
All requests to the Borough for the services of off-duty law
enforcement officers in the Borough of Westville Police Department
for a period of one week or longer shall be forwarded to the Chief
of Police for posting at least 10 days before such services are required.
Any law enforcement officers, when so employed by the Borough, shall
be treated as an employee of the Borough; provided, however, that
wages earned for the 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.
A.
Rate of compensation for contracting the services of off-duty law
enforcement officers are established as follows:
(1)
Rate of compensation for weekdays, per hour: $65.
(a)
If the contractor cancels any work detail within two hours of
the assigned start time, the contractor is responsible to compensate
the assigned officer(s) a four-hour minimum pay rate and administrative
fees.
(b)
If the contractor starts the work detail and cancels the job
after starting, the contractor is responsible to compensate the assigned
officer(s) a minimum of four hours of pay and administrative costs.
(2)
Rate of compensation for weekends, per hour: $75.
(a)
If the contractor cancels any work detail within two hours of
the assigned start time, the contractor is responsible to compensate
the assigned officer(s) a four-hour minimum pay rate and administrative
fees.
(b)
If the contractor starts the work detail and cancels the job
after starting, the contractor is responsible to compensate the assigned
officer(s) a minimum of four hours of pay and administrative costs.
(c)
"Weekend" is defined as Friday after 6:00 p.m. until Sunday
11:59 p.m.
(3)
Rate per day for use of police vehicle: $50.
(4)
An additional fee of 20% of the total cost of compensation and use
of vehicle to the contracting unit is hereby established to cover
administrative costs, overhead, and out-of-pocket expenses of the
Borough of Westville.
B.
Payment of officers.
(1)
Once an extra-duty/off-duty assignment is completed, the Chief of
Police, or his designee, shall advise the Finance Department/Payroll
Clerk, in writing, to pay the officer(s). The advice shall contain
the name of the officer(s), date(s) of service, time and place of
site/job, hours worked and rate of pay.
(2)
The Finance Department/Payroll Clerk must confirm that funds are
on deposit in the appropriate escrow account before issuing the paycheck
requested above.
(3)
The Finance Department shall provide to the Chief of Police, or his
designee, monthly reports identifying contractors and indicating the
status of their extra-duty/off-duty escrow accounts.
Hourly rates for extra-duty assignments can be modified by the
governing body at any time once this article is created by adoption
of a resolution.
