Any and all extra duty assignments for police
personnel shall be determined and approved by the Chief of Police
or his 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 shall obtain such information
as he determines necessary and is authorized to approve such special
duty police work in accordance with this article. The Chief of Police
may assign a patrol vehicle for use in performing extra duty if and
in the event that it is determined that the use of a patrol vehicle
is necessary to perform the contracted duty. The Chief may deny the
assignment or use of police officers or vehicles and/or impose any
condition or requirement as in his sole discretion and determination
is in the best interest of the Borough and/or the police officers
or public safety. The Chief shall be guided by the nature of the assignments
and should avoid those with conflicts of interest and/or high risk
of injury.
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.
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 contracted for in writing by the completion
of a form available from the Police Department, which contracts shall
be kept on record as other such public documents. All payments due
under such agreements shall be paid 15 days from the date of billing.
Interest shall be charged at the rate of 12% per annum on any amount
billed for which payment has not been made within 15 days. Delinquent
parties shall be liable for all costs, fees and attorneys' fees associated
with the collection of any amounts due.
All special duty assignments shall be within
the municipality, unless specific written approval is given by the
Chief to the officer to work outside of the municipality. The Chief
of Police may contact adjoining municipal police departments to see
if they are willing to perform such special assignments.
All payments for special duty assignments shall
be made through a special police fund established by the Chief Financial
Officer of the municipality from which payment shall be made to the
individual police officers performing such service. All payments from
the trust fund shall be made to the police officers subject to required
deductions and an administrative fee to be retained by the municipality.
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 rendered or compensation
due shall be determined by the Chief of Police. His decision shall
be final and binding.
[Amended 10-9-2019 by Ord. No. 23-2019]
Any assignment which is canceled on less than two hours' notice
shall be charged against the party for a minimum of four hours.
The Chief of Police 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. 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 municipality, the Chief or the police officer arising from the
termination of special duty assignment other than the prorated return
of any costs prepaid to the Borough or to the municipality.
The municipality 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 from the municipality's performance under
the contract.