[Adopted 8-5-2019 by Ord. No. 19-16[1]]
[1]
Editor's Note: This ordinance also repealed former Art. VI, Employment by Outside Entities, adopted 3-18-1996 by Ord. No. 96-7, as amended.
There is hereby created a procedure for the employment of police officers by outside entities.
The Attorney General of the State of New Jersey and the Division of Local Government Services have determined that members of a municipal Police Department may, during their off-duty hours, engage in police-related activities for private persons or entities. Pursuant to the laws of the State of New Jersey, a municipality must agree to implement a system whereby the off-duty availability of police officers is arranged through a contract directly with the municipality and the private person or entity.
Contracting between the Township and a private person or entity shall include a plan whereby the compensation for off-duty police-related services is channeled through the office of the Township Finance Department and said compensation is placed in a dedicated trust fund to be established by the Township for that purpose, and that the proceeds of said fund will be disbursed through the Finance Department to the individual officers performing such services.
The Police Director or Chief of Police, or, in the absence of a Chief, the highest-ranked senior sworn officer, shall be responsible for the assignment of all extra-duty police-related activities. Said officials shall be authorized to designate other members of the Police Department, as needed, to assist in the assignment of extra-duty police-related activities. The specific procedure for assignment shall be in accordance with the collective negotiated agreement between the Township and the North Brunswick Superior Officers' Association, Local No. 160 and/or the North Brunswick Policeman's Benevolent Association, Local No. 160.
Any private person or entity that desires to retain the services of police officers of the Township of North Brunswick for extra-duty work shall be required to enter into a contract with the Township of North Brunswick. Said contract 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 for services to the officers, administrative fees to the Township and fees, if any, for the use of Township-owned equipment. The contract may also provide for a deposit to be posted in the trust account in advance by the entity for services to be performed. The Police Director or Chief of Police, or, in the absence of a Chief, the highest-ranking sworn officer, is hereby empowered to execute a contract for extra-duty police-related activities on behalf of the Township of North Brunswick in accordance with this article.
All private persons or entities shall be required to make all payments for extra-duty assignments payable to the Township of North Brunswick. The Finance Department shall deposit the money collected from said private persons or entities for payment of the extra-duty officers into a dedicated trust fund. All members of the Police Department shall be paid for services performed on the next regular pay date, after receipt and acknowledgement of payment, processed and verified by the PBA, that it is in accordance with the agreement.
A. 
An hourly rate schedule shall be prepared by the Police Director or Chief of Police, or, in the absence of a Chief, the highest-ranked senior sworn officer, and submitted to the Mayor for approval with consent by the Council. The schedule shall be reviewed and recommendations for adjustment shall be presented to the Council annually at the first meeting of every year.
B. 
An administrative fee of 11.5% of the hourly rate shall be added and remitted to the Township of North Brunswick to cover the additional cost of employer contributions and insurance, as well as time and materials expended in the administration of payment to police officers for extra-duty assignments.
C. 
An administrative fee of $2 per hour shall be added and remitted to the North Brunswick Policeman's Benevolent Association (PBA) to cover the union's administration of contracts, which includes document preparation, scheduling, billing and management. Said fee is authorized to be waived from a contract at the discretion of the PBA.
D. 
When a vehicle is required in the contract, use of a police car shall be charged at a rate of $8 per hour, and remitted to the Township of North Brunswick with other municipal fees.
E. 
The North Brunswick Policeman's Benevolent Association (PBA) or the North Brunswick Superior Officers' Association (SOA) will negotiate off-duty contracts with the vendor using the current approved rate schedule. The administrative charge and vehicle fee, if applicable, will be in addition to the hourly rate. All off-duty contracts negotiated by the North Brunswick PBA or SOA will be submitted to the Police Director or Chief of Police, or, in the absence of a Chief, the highest-ranked senior sworn officer, for review prior to execution between the North Brunswick PBA or SOA and the entity. A PBA or SOA designee will perform administrative duties, including receiving off-duty assignments from entities, posting and filling assignments, billing entities and collecting amounts due and depositing with the Financial Office.
Each private person or entity that shall employ extra-duty officers pursuant to this chapter will be responsible for maintaining his or her own insurance coverage. Said insurance coverage shall include, but not be limited to, general liability and automobile. Proof of said insurance coverage shall be provided to the Township of North Brunswick prior to the assignment of any officer(s).
The Police Director or Chief of Police, or, in the absence of a Chief, the highest-ranked senior sworn officer, or their designee, shall have the authority to order any police officer engaged in extra-duty assignments within the Township of North Brunswick to respond to an emergency situation within the Township of North Brunswick. Said officials shall also have the right to order any extra-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the police officer and/or the residents of the Township of North Brunswick. In any situation where the officer is called to an emergency situation, a note shall be made of the said emergency situation, as well as the time said officer was removed from said assignment. In any situation where an extra-duty officer is called to an emergency situation, said private person or entity shall not be responsible for the payment of the officer's hourly rate or administrative fees until such time as said police officer returns to the assignment with the extra-duty employer.
Any private person or entity requesting the services of extra-duty police officers shall indemnify the Township of North Brunswick for any and all damages which may arise from the officers' employment by said private person or entity.