[Added 3-23-2015 by Ord.
No. 2015-2]
A.
To set forth guidelines to govern the employment of Borough of Prospect
Park police officers for "extra-duty" details within the Borough of
Prospect Park or within other local municipalities and which extend
beyond their regular assigned duties and responsibilities.
B.
Members of the Borough of Prospect Park 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 as determined by the Borough of
Prospect Park Chief of Police. Acceptances of such assignments by
the police officers are strictly voluntary, and the acceptance or
declination of such assignments is not a condition of employment.
As used in this article, the following terms shall have the
meanings indicated:
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of the Borough
of Prospect Park.
Any employment when a police officer is not scheduled for
a shift of duty by the Borough of Prospect Park Police Department
and that is conditioned on the actual or potential use of law enforcement
powers by the police officer employee. This shall be limited to employment
as a security guard, traffic control officer or plainclothes surveillance
officer.
A position of employment involving the wearing or carrying
of a Borough of Prospect Park police badge or the carrying of a firearm
or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
Any class of police officer of the Borough of Prospect Park.
A position of employment involving the wearing of a Borough
of Prospect Park uniform, badge, and/or the carrying of a firearm
or other dangerous weapon as defined by N.J.S.A. 2C:39-1.
A position of employment involving the wearing of a Borough
of Prospect Park Police uniform while directing traffic within or
outside the Borough of Prospect Park.
All times when a police officer is scheduled for and does
work for an outside employer as "extra duty."
All forms of insurance including self-insurance required
under N.J.S.A. 43:15-1 et seq.[1]
[1]
Editor's Note: Repealed by L. 1954, c. 84, p. 471, § 4,
effective 12-31-1954.
A.
Any person or entity requesting the services of an extra-duty police
officer shall submit said request to the Police Chief or his designee
for approval which shall be granted if, in the opinion of the Police
Chief, such employment would be consistent 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. Nothing in this section shall be construed as
limiting the power of the Police Chief to accept or reject any and
all assignments with any private person or entity.
B.
Any private person or entity requesting the services of any off-duty
police officers for extra-duty police-related activities shall be
required to enter into a contract with the Borough of Prospect Park.
Said contract shall provide for the payment of a deposit/escrow in
advance by the private person or entity for the services to be performed
and shall include the nature of duties to be performed, the location
of said duties, the date and hours of services, the rate of payment
for personnel, administrative fees, and fees for the use of Borough-owned
equipment or vehicle(s).
C.
The Police Chief is hereby authorized on behalf of the Borough of
Prospect Park to enter into contracts for extra-duty police services
and/or in his or her discretion waive the requirement for a deposit
pursuant to this chapter.
D.
Except as provided herein, any person or entity requesting the services
of an extra-duty police officer of the Borough of Prospect Park 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 by depositing an amount sufficient to cover
the rates of compensation and administrative fees set forth herein
for the total estimated hours of service.
E.
If the amount required to be deposited with the Borough exceeds $20,000,
an escrow deposit of $20,000 shall be required. Said $20,000 deposit
shall be maintained until such time as the amount required to be deposited
for all remaining services on any given project shall be less than
$20,000, and then such lesser amount shall be required to be maintained.
F.
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.
G.
In the event the funds in such an escrow account should become depleted,
at the discretion of the Chief of Police or his designee, services
of extra-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.
H.
State, county and municipal bodies and agencies and public schools
shall be exempt from the requirements for the posting of an escrow
deposit.
I.
The Borough of Prospect Park Chief of Police and/or his designee
may waive escrow requirements for assignments of less than eight hours
in total and/or with employer history of reliable payment or other
indications of prompt and timely payment.
J.
Assignments shall be a minimum of four hours; cancellation of an
assignment with less than 24 hours' notice shall be subject to
this minimum.
K.
Should the costs for the extra-duty services amount to less than
the amount deposited, the Police Chief, or designee, shall, upon termination
of the contract, arrange for the return of all unused funds to the
private person or entity.
L.
Any employer who employs a police officer for extra-duty without
first having complied with the requirements as set forth shall be
subject to a fine of $500 for each day that it employs the police
officer.
M.
Any police officer who accepts or continues extra-duty employment
with an employer who has not complied with the requirements of this article
shall be deemed in violation of the rules and regulations of the Police
Department and shall be subject to appropriate discipline. The police
officer shall, prior to accepting or continuing extra-duty employment,
ascertain from the prospective employer whether it has complied with
the provisions hereof. If the employer has not yet complied, the police
officer shall not accept the prospective extra-duty employment.
N.
At no time shall payment in the form of cash be exchanged between
an employer and any police officer.
O.
Officers assigned to extra-duty details shall be attired as prescribed
by the Department's Uniform Policy. Officers shall be attired
in the requisite and appropriate uniform or plain clothes that is
determined to be best suited by the Chief of Police for the nature
of the extra-duty detail. Officers shall be subject to all rules and
regulations of the Borough of Prospect Park Police Department.
P.
Officers working any form of traffic related detail shall comply
with all applicable safety standards.
Q.
An officer on an extra-duty assignment shall take police action in
response to any serious police matter coming to their attention at
any time, and are additionally expected to respond to emergency situations
in the Borough of Prospect Park if the extra-duty assignment is within
the immediate area. All officers are subject to recall to duty if
an emergency arises in the Borough of Prospect Park.
R.
The Borough of Prospect Park reserves the right to decline to approve
any outside extra-duty employment.
A.
Police officers assigned to perform extra-duty services shall submit
required documentation to the Police Chief, or designee, upon completion
of assignment.
B.
Upon receipt of required documentation and the funding for said services,
the Police Chief, or designee, shall authorize payment to the police
officer for assigned and performed extra-duty services.
A.
Any police officer assigned to perform extra-duty services shall
perform such services as an employee of the Borough and shall be subject
to the established rules and regulations of the Police Department.
B.
Wages earned for outside extra-duty employment by any Borough of
Prospect Park police officer shall not be applied toward the pension
benefits of the police officer so employed, nor shall hours worked
for outside employment be considered in any way compensable as overtime
payable by the Borough of Prospect Park.
Rates of compensation for contracting the services of extra-duty
law enforcement officers shall be at a fixed rate per hour for the
officer. An additional percentage fee, to be a dollar amount, of the
rate per hour to cover administrative costs, overhead, out-of-pocket
expenses for the officer incurred by the Borough of Prospect Park
and if applicable use of a Borough of Prospect Park vehicle. All fees
related to this section will be set by resolution of the governing
body of the Borough.
Each private person or entity employing extra-duty police officers
pursuant to this chapter shall be responsible to maintain their own
insurance coverage. Each private person or entity shall be required
to name the Borough of Prospect Park as an additional insured. Said
insurance coverage shall include general liability and nonowner automobile
and shall be in an amount of not less than $1,000,000 per occurrence/$2,000,000
annual aggregate. Said insurance coverage shall provide for coverage
of any and all police officers, vehicles and/or equipment that is
utilized in the extra-duty assignment. Upon request, proof of said
insurance coverage shall be provided to the Police Chief, or designee.
Each private person or entity requesting the services of extra-duty
police officers shall indemnify the Borough of Prospect Park for any
and all damages which may arise from the extra-duty police officer's
employment by said private person or entity.
The Police Chief, or his or her designee, shall have the authority
to order any police officer, engaged in extra-duty assignments within
the Borough of Prospect Park, to respond to an emergency situation
with the Borough. The Police Chief, or his or her designee, 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 extra-duty officer and/or the citizens of
the Borough of Prospect Park. In the event a police officer is assigned
to an emergency situation, said private person or entity shall make
note of said emergency situation, as well as the time said officer
was removed from said extra-duty 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, administrative fee, or any other fees to the Borough
until such times as such police officer and/or equipment returns to
the extra-duty assignment.
