[1]
Editor's Note: This ordinance also redesignated former §§ 50-29 and 50-30 as §§ 50-33 and 50-34, respectively. Section 4 of this ordinance stated that to the extent any supplements, amendments or addenda to the prevailing collective bargaining agreement between the Township and New Jersey State Policeman’s Benevolent Association, Inc., Local No. 137, are required in order to implement these amendments to Art. X of Ch. 50, the appropriate Township officials are hereby authorized to negotiate and execute any documents necessary to effectuate those arrangements.
A.
This article is intended to establish policies, procedures, and regulations
governing the administration and assignment of secondary employment
for Township police officers.
B.
"Secondary employment" and "special duty" include all voluntary off-duty
employment undertaken by Township police officers, pursuant to the
protocols established in this article.
A.
Secondary employment/special duty shall be administered by the Township,
or a third-party designee contracted by the Township, consistent with
the prevailing collective bargaining agreement between the Township
and New Jersey State Policeman's Benevolent Association, Inc., Local
No. 137, or the successor bargaining unit, and the protocols established
under this article.
B.
While undertaking secondary employment/special duty, police officers
shall remain, and be regarded as, in the employment of the Township
of Toms River.
C.
All requests for special duty services must be submitted to, reviewed
and approved by the Chief of Police or a third-party designee contracted
by the Township.
Police officers assigned secondary employment/special duty shall
be compensated in accordance with the prevailing collective bargaining
agreement between the Township and New Jersey State Policeman's Benevolent
Association, Inc., Local No. 137, or the successor bargaining unit.
A.
Special duty assignments shall be designated by the Chief of Police
or a third-party designee contracted by the Township.
B.
In nonemergency situations, special duty assignments shall be offered
to full-time Toms River police officers. Should no full-time Toms
River police officer accept or be available within 16 hours before
the scheduled commencement of a nonemergency job, then the assignment
may be offered to full-time officers in the Ocean County Sheriff's
Department.
C.
In emergency situations, or in nonemergency situations where neither
a full-time Toms River police officer, nor a full-time officer in
the Ocean County Sheriff's Department, can fill a special duty assignment,
the Chief of Police or his designee may, in his or her sole discretion,
enlist a full-time law enforcement officer from an outside agency
to fill the assignment.
D.
Class I, II, and III special law enforcement officers are ineligible
for special duty assignments.
A.
Contractors performing work involving the construction, repair, maintenance,
or opening of roads and streets, or any infrastructure located within,
under, or along any roads and streets, which, as determined by the
Chief of Police, will affect or disrupt the normal flow of traffic
thereon, must enlist at least one special duty police officer to secure
the work zone.
B.
To prevent or abate any public safety hazard, the officers assigned
to roadwork special duty are authorized, with the approval of the
Chief of Police or his designee, to stop work in any construction
zone and to order the removal of any equipment and material.
A.
Any person, company, entity, or organization enlisting special duty
police services must submit for approval to the Chief of Police or
his or her designee a written estimate of the number of hours those
services will be required.
B.
Once the hourly estimate is approved, the party enlisting special
duty police services must establish an escrow account with the Department
of Finance and deposit therein a sum sufficient to cover the estimated
cost, including compensation and administrative fees, of the requested
services.
C.
No special duty assignments shall be offered unless the required
escrow account has been established and funded.
D.
Should the escrow account be depleted during the course of the assignment,
the responsible party must, within 14 days of notification by the
Township, replenish the account in an amount sufficient to cover the
estimated costs of the remaining work. Failure to do so will result
in the discontinuance of special duty services until the additional
escrow funds have been deposited.
E.
Upon completion of the assignment, any excess funds in the escrow
account shall be refunded to the responsible party.
F.
The requirement of establishing a prepaid escrow account shall not
apply to public and private schools, chartible and religious organizations,
and in emergency situations. In these circumstances, the party enlisting
special duty police services must promptly remit payment within 14
days following conclusion of the special duty work assignment.
G.
The funding procedures specified in Subsections A through F are not applicable to the extent the Township has contracted with a third-party entity to administer special duty assignments, in which case the procedures established by that entity shall control, provided the Township receives full payment on a biweekly basis for all payroll and administrative costs associated with the special duty assignment.
Pursuant to N.J.S.A. 40A:14-118 and § 50-1D, the Business Administrator, with the input and assistance of the Chief of Police, may establish and amend departmental policies and procedures to implement the provisions of this article.
