[Adopted 7-13-2010 by Ord. No. 2010-1329[1] (Ch. 84, Art. III, of the 1966 Code)]
[1]
Editor's Note: This ordinance also superseded former Art. III, Off-Duty Employment of Police Officers, adopted 11-9-2001 by Ord. No. 2001-1167, as amended.
For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the Montvale Police Department and to authorize the outside employment of Borough police while off duty, the Borough hereby establishes a policy regarding the use of said officers.
A. 
Members of the Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty for the Borough.
B. 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police, which approval shall be granted if, in the opinion of the Chief, such employment would not be inconsistent with the efficient functioning and good reputation of the Police Department, and would not unreasonably endanger or threaten the safety of the officer or officers who are to perform the work.
A. 
Any person or entity requesting the services of an off-duty law enforcement officer in the Montvale Police Department shall estimate the number of hours such law enforcement services are required, which estimate shall be approved, in writing, by the Chief of Police, and shall establish an escrow account with the Borough Treasurer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 84-44 for the total estimated hours of service.
B. 
Prior to posting any request for services of off-duty enforcement officers, consideration for emergency hours above and beyond request, the Chief of Police or his designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Chief of Police shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited with the Borough Treasurer. No officer shall provide any such services for more hours than are specified in the request for services.
C. 
In the event the funds in such an escrow account should become depleted, services of off-duty law enforcement officers shall cease and requests for further or future services shall not be performed or posted until additional funds have been deposited in the escrow account in the manner prescribed above.
D. 
The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.
E. 
In the case of emergency work when there is not an established escrow account, the entity or person shall have five working days to provide payment of compensation.
All requests to the Borough for the services of off-duty law enforcement officers in the Montvale Police Department for a period of one week or longer shall be forwarded to the Chief of Police for posting as soon as possible before such services are required. Any law enforcement officers, when so employed by the Borough, shall be treated as an employee of the Borough; provided, however, that wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
Rates of compensation for contracting the services of off-duty law enforcement officers shall be based on a rate of time and one-half. Rates of compensation for contracting the services of off-duty law enforcement officers are established as follows:
A. 
Rate of compensation as per PBA contract.
B. 
An administrative fee of 15%, in addition to a $20 vehicle-use charge per hour, will be added to the total. Therefore, the total charged to the vendor will be time plus one-half per hour according to the current PBA contract, plus related FICA and Medicare payroll costs, plus the administrative charge of 15% and the twenty-dollar vehicle charge per hour.
[Amended 2-23-2021 by Ord. No. 2021-1494]