A.
Haddon Heights police officers shall be permitted off-duty police-related
employment only during off-duty hours and at such times as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Borough of Haddon Heights.
B.
All off-duty police-related services performed by a Haddon Heights
police officer shall be in their official capacity as an employee
of the Haddon Heights Police Department and shall be subject to the
control and supervision of the Police Department.
C.
Haddon Heights police officers are prohibited from engaging in any
employment for police-related services with any private person, corporation
or any other entity except in the manner set forth in this article.
As used in this article, the following terms shall have the
meanings indicated:
The person, corporation or other legal entity employing a
Haddon Heights police officer to provide off-duty police-related services.
Any employment by a Haddon Heights police officer where the
source of compensation to the police officer does not originate from
the municipal budget line for police salaries and wages.
A.
Applicants seeking to employ off-duty police officers shall make
said request through the Chief of Police or Police Captain.
B.
The request shall be in writing, except in case of emergency, and
shall include the specific nature of services desired.
C.
Approval shall be granted if, in the opinion of the Chief of Police
or Police Captain, 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.
D.
The Chief or Captain may assign police officers for police-related
services based on a determination that police-related services are
required for the public safety.
The Borough Police Department shall maintain a list of police
officers who have volunteered for off-duty employment. Assignment
of off-duty police work shall be made in accordance with a rotation
list to be maintained by the Chief of Police or Police Captain. When
a police officer refuses an assignment, the officer's name will be
placed at the bottom of the list. When there is insufficient personnel
to cover an assignment, then the Captain shall fill in.
Haddon Heights police officers performing off-duty police-related
services for applicants shall be in full police uniform while said
services are being provided. However, Haddon Heights police vehicles
shall not be used by police officers during the performance of off-duty
police-related services unless specifically authorized by the Chief
of Police or Police Captain.
A.
Any applicant requesting the services of an off-duty police officer
shall estimate the number of hours such services are required, which
estimate is to be approved, in writing, by the Chief of Police or
Police Captain and shall deposit an amount sufficient to cover the
rate of compensation and administrative fees for the total estimated
hours of service in the escrow account, off-duty employment, established
by the Chief Financial Officer.
B.
A separate dedicated-by-rider trust fund (escrow-off-duty employment)
shall be established by the Chief Financial Officer and all funds
collected and disbursed relating to off-duty employment shall be made
through said account.
C.
Prior to accepting any request for services of off-duty law enforcement
officers, the Chief of Police or Police Captain shall verify that
the balance in the escrow account of the applicant 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 or
Police Captain shall not approve a request for services from any applicant
unless all fees and compensation required in the manner described
above have been deposited with the Chief Financial Officer. No police
officer shall provide any services for more hours than are specified
in the request for services.
D.
In the event the funds in such an escrow account should become depleted,
services of off-duty police officers shall cease and request for further
services shall not be performed until additional funds have been deposited
in the escrow account.
E.
The applicant requesting such services shall be responsible for ensuring
that sufficient funds remain in the escrow account to avoid any interruption
of services.
The Chief of Police or Police Captain is hereby authorized to
execute an agreement to the applicant for services required, which
agreement shall set forth, inter alia, the specific nature of the
services to be performed, the location, dates and hours of service,
payment arrangements mandated by this article, insurance coverage
or any other provisions required by law or regulation of the State
of New Jersey.
A.
Applicants hiring Haddon Heights police officers for off-duty employment
shall be charged pursuant to a schedule set annually by Council by
resolution, which includes an hourly rate of pay for the police officer;
a fair and reasonable sum (percentage of hourly rate) representing
the administrative costs, overhead and out-of-pocket expenses; and,
when applicable, the cost for the use of a police vehicle for providing
this service.
B.
Police services.
C.
Borough Council shall meet with PBA representatives and shall adjust
the off-duty employment hourly rate contained herein by resolution
on a yearly basis. That increase, upon agreement of both parties,
shall be based on the projected increase in officers' salary for that
calendar year.
The applicant shall be responsible for providing all insurance
coverage as required by law. The applicant shall provide the Borough
of Haddon Heights with appropriate insurance certificates insuring
that the police officer and the Borough of Haddon Heights are covered
by general liability coverage and workman's compensation with respect
to the services to be provided.
A.
To the fullest extent permitted by law, the applicant shall indemnify,
defend, and hold harmless the Borough of Haddon Heights, its agents
and employees, from and against all claims, damages, losses, liabilities,
and expenses, including, but not limited to, attorney's fees and court
costs arising out of, resulting from or in any way relating to, either
directly or indirectly:
(1)
The performance of work;
(2)
Any and all claims by said police personnel for injuries and/or illnesses
while performing the off-duty employment;
(3)
The breach by the petitioner of any of the terms and conditions of
the agreement;
(4)
The negligent or intentional acts or omissions of the police, and/or
the applicant, its employees, agents and/or subcontractors;
(5)
Bodily injury, sickness and/or disease, including death, at any time
resulting from such bodily injury, sickness or disease, sustained
by any person while in, on or about the site and surrounding areas
where such injury, sickness, disease and/or death arose out of or
was in any way connected with the work of, the performance of, or
failure to properly perform the work;
(6)
Any liability based upon the petitioner's negligence imputed to the
Borough of Haddon Heights;
(7)
Damage to property of the petitioner, the Borough of Haddon Heights
or any other person or entity arising out of, incident to, or in connection
with the performance of the work;
(8)
Laborers, mechanics and materialmen's liens, and all other liens
and charges of every character whatsoever, arising out of work to
be performed by this agreement; and/or
(9)
Any other cause of action which may be brought against the Borough
of Haddon Heights arising out of or in any way relating to the work
and petitioner's obligations hereunder.
B.
This indemnification and hold harmless agreement shall apply in all
instances, whether the Borough of Haddon Heights is plaintiff or is
made a direct party to the initial action or claim or is subsequently
made a party to the action by third party in-pleading or is made a
party to a collateral action arising, in whole or in part, from any
of the issues from the original cause of action or claim.
