[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Editor's Note: This ordinance also repealed former Art.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.
