[HISTORY: Adopted by the Mayor and Council of the Borough
of Riverton 3-9-2016 by Ord. No. 1-2016. Amendments d where applicable.]
[Added 3-9-2016 by Ord.
No. 1-2016]
The Borough of Riverton.
Regular, permanent regular police officers of the Police
Department of the Borough of Riverton that are being hired by a private
employer to provide security-related and traffic control services.
Special Officers, defined in N.J.S.A. 40A:14-146.8 et seq., are not
permitted to perform these services and are, therefore, not included
in this chapter.
Any entity, public or private, other than the Borough of
Riverton, that is hiring an employee, as defined herein, to provide
security-related and traffic control services for the private employer's
business, project, or function.
[Added 3-9-2016 by Ord.
No. 1-2016]
A.
Employees of the Borough's Police Department, whether they be
full-time or part-time, are expressly authorized to engage in security-related
and traffic control services, during their off-duty hours for private
employers, so long as arrangements therefor are made through the Borough,
the duties will not interfere with or detract from their primary employment
with the Borough, and any compensation paid to the employee for such
service is channeled through the Borough.
B.
Officers performing such off-duty services are authorized to wear
an appropriate Borough uniform, as directed by the Chief of Police.
C.
The authorization provided for in this chapter shall apply only to
off-duty security-related and traffic control activities provided
for private employers consistent with the employee's responsibility
and training for his Borough employment.
D.
In granting this authorization, the Borough assumes no responsibility
or liability for the actions or non-actions of its Officers while
in off-duty private employment. Notwithstanding this disclaimer, in
the event that an employee, while performing services contemplated
under this chapter, is required to return to "on-duty" status (such
as a Police Officer witnessing an illegal act or becoming involved
in an arrest or other police function), then, and in that limited
event, the Borough shall be responsible for the actions of its Officers
while in off-duty employment. Nevertheless, this indemnification provides,
to the fullest extent permitted by law, that the duty of the private
employer to defend and hold harmless shall remain in full force and
effect such that should a situation arise during the course of the
provision of services here under directly related to those services,
the private employer shall defend the Borough and its Officers, hold
them harmless, and indemnify them from any claims arising from their
actions.
E.
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, it is the express intention
of this chapter that off-duty work authorized by this chapter shall
entitle Riverton Police to coverage under the Police and Fireman's
Retirement System where they are injured during off-duty or outside
employment under the scope of this chapter. Both the Borough and the
members of the Borough's Police Department are familiar with
these memoranda and, because they will be ultimately subject to departmental
discipline and control, and because they are ultimately paid by the
Borough, they are considered in accordance memorandum to be covered
for injury or death that may occur while performing those duties.
[Added 3-9-2016 by Ord.
No. 1-2016]
Any private employer desiring to retain the services of Officers
of the Borough for extra-duty, security related and/or traffic control
activities shall be required to enter into a contract with the Borough.
Except in cases of bona fide emergency, no assignment to extra duty
may be made unless, prior to the assignment, the private employer
or public entity has executed a contract for the services and has
made the required deposit pursuant to the Uniform Agreement to Provide
Services by Off-Duty Officers, which form of Agreement is on file
with the Borough Department of Finance. The Agreement shall include,
but not be limited to, the nature of the duties to be performed, the
location where the duties are to be performed, the date and hours
of service, the rate of payment of services to the Officers, administrative
fees to the Borough, and fees for Borough owned equipment.
The Agreement with the private employer shall provide for the
deposit of monies in advance by the party for whom the services are
to be performed. Should the contract be for a period exceeding one
month, the private employer shall be required to tender an estimated
payment for the first month's services upon executing the agreement,
and will be billed periodically, in advance, thereafter. Should the
actual amount due turn out to be less than the amount deposited, the
Chief Financial Officer of the Borough shall, upon conclusion of the
agreement, receipt of the final certified time slips, and receipt
of a written request from the private employer, promptly return all
unused funds. Should the amount of the deposit be insufficient, the
private employer shall pay the deficiency immediately upon receipt
of notice from the Chief Financial Officer.
In the case of bona fide emergencies, where there is no opportunity
to execute an Agreement in advance, the private employer shall be
billed for the services with payment required to be made within 30
days.
Should any payment due under this chapter not be made when due,
the Borough may institute suit for collection of the same together
with interest at the rate of 12% per annum, costs of collection, and
attorneys' fees incurred in collecting the amount due. Moreover,
no future Agreement may be entered into with any private employer
unless and until all past due fees, costs, and expenses are satisfied.
Nothing in this section shall be construed as limiting the power
of the Borough to accept or reject any and all assignments with any
private employer.
[Added 3-9-2016 by Ord.
No. 1-2016; amended 11-28-2018 by Ord. No. O-2018-07]
Any private employer who determines to cancel the services of Officers, after entering into a contract, shall be required to provide notice to the Officers not less than four hours before the scheduled start time of the assignment. If a contractor fails to provide such notice, the Officers shall be entitled to three hours payment for said assignment. Said requirement shall only apply where the private employer has deposited the escrow funds required under Section 25-3 above.
[Added 3-9-2016 by Ord.
No. 1-2016]
As a pre-condition to the use of Officers by a private employer,
the private employer shall provide written assurance that the Officers
are covered by private employer's workers compensation insurance
and personal liability insurance, and proof that the Borough and its
Officers are named as additional insureds in the amount of one million
dollars ($1,000,000) per single occurrence, two million dollars ($2,000,000.)
in the aggregate, as well as such other information as the Chief Financial
Officer deems appropriate. All such information shall be submitted
to the Borough Attorney for approval prior to the performance of any
services.
[Added 3-9-2016 by Ord.
No. 1-2016]
All private employers shall be required to make all payments
for extra-duty assignments payable to the Borough. All payments shall
be forwarded to the office of the Chief Financial Officer of the Borough.
The Chief Financial Officer shall cause all funds for the payment
of extra-duty Officers collected from private employers, to be deposited
into a special escrow account which is hereby established by this
chapter. The escrow fund shall be utilized for the payment to the
Officers performing extra-duty services. Officers that perform extra-duty
assignments will be compensated at the rate specified in their union
contract. This provision shall not prevent a special rate from being
negotiated with the agreement of the employee with other public entities.
Such special rates shall be established not less than annually by
the Borough Administrator in consultation with the Officers and applicable
unions. All Officers shall be required to submit pay slips to the
Chief Financial Officer, in a form approved by him/her. Upon receipt
of a properly executed pay slip verified by the private employer,
the Finance Department shall process the pay slips for disbursement
during the Officer's regular pay period.
[Added 3-9-2016 by Ord.
No. 1-2016]
In addition to the aforementioned fees for services including
necessary and applicable taxes, the private employer shall pay to
the Borough an administrative fee which can be found on file with
the Borough Clerk, and corresponding to each officers' hours
of service. This fee shall be utilized to offset costs associated
with the Borough's administration of the private employment system
as well as wear and tear on equipment.
[Added 3-9-2016 by Ord.
No. 1-2016]
Officers engaged in off-duty activities, as authorized by this
chapter, may be permitted to utilize a municipal vehicle or other
equipment subject to the approval and consent of the Chief of Police.
The private employer shall be required, in addition to any other payments,
to pay for the use of such vehicle or equipment in advance of use.
The rate for vehicle use shall be on file with the Borough Clerk,
and or portion thereof, for use of the vehicle.
[Added 3-9-2016 by Ord.
No. 1-2016]
The Chief of Police of the Borough 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 provisions of this chapter shall be fully
and faithfully carried out. Additionally, the Chief of Police shall
have authority to control Officers engaged in off-duty or outside
employment pursuant to this chapter, and shall further have the authority
to discipline any and all Officers so engaged in outside employment
by private employers, should cause for such charge arise or exist.
