[Amended 3-10-2003 by Ord. No. 2003-03]
Any and all extra duty assignments for police personnel shall
be determined and approved by the Chief of Police and/or Director
of Public Safety or his or her designee. No police officer shall perform
special duty assignments for private parties for compensation other
than through the procedure set forth in this Article. The Chief of
Police and/or Director of Public Safety shall obtain such information
as he or she determines necessary and is authorized to approve such
special duty police work in accordance with this Article. The Chief
of Police and/or Director of Public Safety may assign a patrol vehicle
for use in performing extra duty if and in the event it is determined
that the use of a patrol vehicle is necessary to perform the contracted
duty. The Chief of Police and/or Director of Public Safety may deny
the assignment or use of police officers or vehicles and/or impose
any condition or requirement as in his or her sole discretion and
determination is in the best interest of the borough and/or the police
officers' or public safety. The Chief of Police and/or the Director
of Public Safety shall be guided by the nature of the assignment and
should avoid those with conflicts of interest and/or high risk of
injury.
[Amended 3-10-2003 by Ord. No. 2003-03]
The work to be performed shall be considered "special assignment
from independent contractors" and will not be considered a direct
assignment. The taking of any and all extra duty assignments shall
be on a voluntary basis in accordance with a fair and reasonable system
established and administered by the Chief of Police and/or the Director
of Public Safety.
[Amended 8-22-2005 by Ord. No. 2005-10; 4-27-2020 by Ord. No. 2020-03]
A. Officers
engaged in special duty assignments shall be deemed on duty and shall
conform to all Police Department rules, regulations and procedures.
All such agreements for special duty assignments shall be in writing
as evidenced by a form agreement available from the Police Department
and kept on record. No work shall be performed in the Borough of Neptune
City unless such a form agreement shall have first been signed by
the contractor and the Police Department. All payments due under such
agreement shall add a monthly administrative charge of $50 on any
amount billed for which payment has not been made within 30 days for
such billing. Delinquent parties shall be further liable for all costs,
fees, and attorney's fees associated with the collection of any amounts
due.
B. The Borough
may utilize a secondary service to perform the administrative duties
related to the special service assignment process described in this
article, including but not limited to communicating and scheduling
special duty assignments with third parties, scheduling officers for
special duty assignments, invoicing, receiving escrow fees and in
a manner set forth by the secondary service provider and collecting
amounts due for special duty assignments. The secondary service provider
may charge an additional fee for services provided to the Borough
of Neptune City in addition to the fee structure set forth in this
article.
C. The secondary
service provider shall remit funds received for special service assignments
to the Borough of Neptune City in a timely manner and coinciding with
payroll periods for the special service assignments that officers
performed or were scheduled for in accordance with the Code of the
Borough of Neptune City.
[Amended 3-10-2003 by Ord. No. 2003-03]
All special duty assignments shall be within the municipality,
unless specific written approval is given by the Chief of Police and/or
Director of Public Safety to the officer to work outside of the municipality,
and the Chief of Police and/or Director of Public Safety may contact
adjoining municipal police departments to see if they are willing
to perform such special assignments.
[Amended 3-10-2003 by Ord. No. 2003-03]
All payments for special duty assignments shall be made through
a special trust fund established by the Municipal Treasurer from which
payment shall be made to the individual police officers performing
such service. All payments from the special trust fund shall be made
to the police officers subject to required deductions and an administrative
fee to be retained by the Borough of Neptune City. The charges for
such services shall be set forth annually in a resolution adopted
by the governing body. Any dispute between the contractor and the
police officer on assignment as to services required or compensation
due shall be determined by the Chief of Police and/or Director of
Public Safety. His or her decision shall be final and binding.
[Amended 8-22-2005 by Ord. No. 2005-10; Ord. No. 2010-12; 12-11-2023 by Ord. No. 2023-16]
In the event cancellation is necessary (due to weather, etc.)
with less than four hours' advance notice, the contractor shall pay
the Borough a sum equal to four hours per scheduled number of officers
multiplied by the rate set forth for such officers in the agreement
for special duty assignment.
[Amended 3-10-2003 by Ord. No. 2003-03]
The Chief of Police and/or Director of Public Safety has the
authority to order any police officer to vacate or terminate any special
duty assignment in response to emergency situations or whenever the
assignment creates an unacceptable risk to health, safety and welfare
of the police officer and/or public in the sole determination and
discretion of the Chief of Police and/or Director of Public Safety.
The contractor shall not be responsible for any compensation for the
time that the police officer is away from the special duty assignments
and shall have no claim for any costs or damages against the Borough
of Neptune City, the Chief of Police, Director of Public Safety or
the police officer arising from the termination of special duty assignment
other than the prorated return of any costs prepaid to the Borough
of Neptune City.
The Borough of Neptune City shall be responsible to provide
all necessary insurance coverage as required by law, including but
not limited to workers' compensation, public liability, and claims
for damage, for personal injury including death or damage to property
which may arise as a result of performance under the contract.