[Adopted 11-23-2004 by Ord. No. 11-2004]
As used in this article, the following terms shall have the
meanings indicated:
Police officers, emergency aid personnel, and maintenance
workers of the Township of Edgewater Park that are being hired by
an outside employer to provide security, traffic control, on-site
emergency aid, maintenance, and/or similar services.
Any entity, public or private, other than the Township of
Edgewater Park, that is hiring an employee, as defined herein, to
provide services for the outside employer's business, project or function.
The Township of Edgewater Park.
A.
Members of the Township's Police Department, emergency aid personnel
or maintenance workers, whether they be full-time or part-time, are
expressly authorized to engage in security, traffic control, on-site
emergency aid, and maintenance activities, respectively, during their
off-duty hours for outside employers, so long as the arrangements
therefor are made through this municipality and any compensation paid
to the employees for such service is channeled through the Township.
B.
The employees performing said off-duty services authorized hereunder
are also authorized to wear a Township uniform.
C.
The authorization set forth in this article shall apply only to off-duty
services provided for outside employers consistent with the employees'
responsibilities for the Township.
D.
In granting this authorization, the Township assumes no responsibility
or liability for the actions or nonactions of the off-duty employees.
E.
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this article that off-duty work
authorized by this article shall entitle police officers to coverage
under the Police and Firemen's Retirement System where they are injured
during off-duty or outside employment under the scope of this article.
Both the Township and the members of the Township's Police Department
are familiar with these memoranda, and because the employees shall
ultimately be subject to departmental discipline and control, and
because they are ultimately paid by the Township, they are in accordance
with the February 1990 memorandum prepared by Douglas R. Forrester,
Director, Division of Pensions, and are considered to be covered for
injury or death which may occur while performing those duties.
A.
Any outside employer desiring to retain the services of employees
of the Township for extra-duty activities shall be required to enter
into a contract with the Township. Except in cases of bona fide emergency,
no assignment to extra duty may be made unless, prior to such assignment,
the private party or entity has executed a contract for such services
and has made the required deposit pursuant to the Uniform Agreement
to Provide Services by Off-Duty Personnel, which form of agreement
is on file with the Township Department of Finance. Said agreement
shall include, but not be limited to, the nature of duties to be performed,
the location of said duties, the date and hours of service, the rate
of payment of services to the employees, administrative fees to the
Township and fees for the use of Township-owned equipment.
B.
The agreement with said outside employer shall provide for the deposit
of monies in advance by the private person or public entity for the
services to be performed. Should the contract be for a term exceeding
one month, the private person or public entity may be required to
tender an estimated payment for the first month's services upon executing
the contract and will be billed on a periodic basis thereafter. Should
the actual assignment of off-duty officers amount to less than the
amount deposited, the Chief Financial Officer shall, upon termination
of the contract, receipt of the final certified time slips, and receipt
of written demand from the outside employer, return all unused funds
to the outside employer. Nothing in this section shall be construed
as limiting the power of the Township to accept or reject any and
all assignments with any outside employer.
As a precondition to the use of employees by an outside employer,
the outside employer shall provide written assurance that the employees
are covered by the outside employer's workmen's compensation insurance
and personal liability insurance policies, which assurance shall include
a copy of said insurance policies, as well as such other information
as the Chief Financial Officer deems appropriate.
[Amended 5-2-2023 by Ord. No. 2023-06]
A.
A private vendor contracted by the Township shall be responsible
for generating bills for all extra-duty services rendered.
B.
All fees for extra-duty police, emergency aid, or maintenance services
will be collected by the vendor contracted by the Township to manage
the extra-duty services and deposited with the Edgewater Park Finance
Department.
C.
The fee shall consist of a special hourly rate, as set forth in Chapter 240 of the Township Code, to be paid to officers working extra-duty assignments, plus a reasonable approximation of the administrative cost, overhead and out-of-pocket expenses to the Township for providing the service, as well as administrative fees charged by the vendor contracted by the Township. This fee will be charged by the company who will manage and schedule the extra-duty services. All payments for such services shall be collected by the private vendor and paid to the Township of Edgewater Park.
D.
Upon completion of each extra-duty work assignment, the company contracted
by the Township to manage extra-duty services shall cause a summary
of the extra-duty assignment(s) to be forwarded to the Township Human
Resource Department to facilitate payment. Upon receipt of proof of
extra-duty services, the Township shall disburse payment to those
officers who worked the extra-duty assignments. Payment will be based
upon the established rate agreed upon by the Township. Payment for
extra-duty work assignments shall be made to the officers at the next
available pay period.
E.
Nothing contained in this article shall preclude the Township from
entering into longer term contracts with, e.g., New Jersey American
Water, PSE&G, etc., when projects will span weeks and the magnitude
of time required from employees by outside employers will require
special considerations.
[Amended 6-2-2009 by Ord.
No. 2009-9; 2-7-2012 by Ord. No. 2012-1]
In addition to the aforementioned fees to be collected by the Township from said private person or public entity for the payment of said extra-duty employees, the Township shall collect an administrative fee as established in Chapter 240, Fees. Said fee shall be used to offset the administrative costs associated with the assignment of Township employees.
[Amended 2-7-2012 by Ord.
No. 2012-1]
Employees engaging in off-duty activities, as authorized and required by this article, may be permitted to utilize a municipal vehicle subject to the approval and consent of the employee's department head. The outside employer shall be required to pay for the use of the vehicle in advance of its use, including a daily rate as established in Chapter 240, Fees.
The respective department heads of the Township shall be responsible
for the overall conduct of the members of his or her department in
following the rules and regulations promulgated herein and shall insure
that the terms, conditions and provision of this article shall be
fully and faithfully carried out. Additionally, the department heads
shall have authority to control employees engaged in off-duty or outside
employment pursuant to this article and shall further have the authority
to discipline any and all employees so engaged in outside employment
by outside employers, should cause for such charges arise or exist.
