Private employers may employ Township police
personnel in their capacity as police officers, but only in accordance
with the provisions of this article. Such employment of Township police
personnel is permitted only during such times as will not interfere
with the efficient performance of regularly scheduled and/or emergency
duty for the Township, generally within the boundaries of the Township
of Saddle Brook. Such availability of the Township police personnel
will be subject to Township's needs, which may require the withdrawal
of such officers at any time. This article shall apply to the employment
of uniformed police personnel to work in their capacity as police
officers. This article does not apply to situations where private
employers wish to employ off-duty police officers to work without
uniforms and in their nonofficial capacities.
Any employer wishing to employ police officers
must make such a request to the Police Department and obtain the approval
of the Chief of Police or his designee, which approval shall be granted
if in the opinion of the Chief or his designee such employment will
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 officers who are to perform the work. Such request
shall be made in writing to the Police Department on a form to be
supplied by the Department. The form shall be completed in its entirety
and verified by the applicant. If the employment of police personnel
is for a traffic detail in connection with any street excavation,
street paving, total or partial street closing and/or the rerouting
of vehicular traffic, then the Chief or his designee shall determine
the number of officers required and whether one or more police vehicles
must be used in connection with the assignment. The determinations
of the Chief of Police or his designee shall be final and binding.
Once approved by the Chief or his designee,
the request for employment shall be fulfilled by the Saddle Brook
Police Department, which organization shall make the assignment of
the police officers to the employer. An agreement shall be signed
by and between the private employer and the Police Department as to
such employment, and a copy shall be filed with the Township of Saddle
Brook Police Department and Township Clerk.
The charges to private employers for the extraneous
employment of members of the Township of Saddle Brook police personnel
shall be as follows:
A. Time and a half rate for each police officer employed,
which rate may be amended by the Mayor. The Mayor will discuss any
such changes with the PBA.
B. All employers shall provide the Township with a certificate
of liability insurance and worker's compensation insurance in such
amounts, and according to such terms, as are reasonably acceptable
to the Township.
C. A twenty-percent administrative fee shall be charged
to the private employer.
[Amended 4-14-2011 by Ord. No. 1505]
For billing purposes, an escrow account shall
be set up by the Police Department through the Township of Saddle
Brook for each project. The amount of monies to be deposited in each
particular account shall be estimated and assigned by a designee of
the Police Department based upon the type of project involved. The
designee shall also monitor the escrow account in order to maintain
a suitable balance, and provide billing invoices to each private employer.
Any unused escrow funds will be returned to the private employer upon
satisfactory completion of the work and/or project.
The officers employed pursuant to the provisions
of this article shall not be considered employees of the person or
entity which has requested their employment, but rather shall be considered
on-duty members of the Saddle Brook Police Department. Such officers
shall have all of the rights, duties and responsibilities of regularly
scheduled police officers, including specifically, but without limitation,
the right to stop the construction or activity giving rise to the
assignment if same is found to violate any statute, rule or ordinance,
or if same is determined to create a nuisance or unreasonable safety
risk. Such officers shall be covered by the Township's worker's compensation
policy for injuries sustained on an assignment under this article.