[Adopted 9-8-1993 by Ord. No. 22-93]
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.