Any and all extra-duty assignments for police personnel shall be determined and approved by the Chief of Police or his or her designee. No police officer shall perform special-duty assignments for private parties for compensation other than through the procedure in this article. The Chief shall obtain such information as he or she determines necessary and is authorized to approve such special-duty police work in accordance with this article. The Chief may deny the assignments or use of police officers or vehicles and/or impose any condition or requirement as in his or her sole discretion and determination are in the best interest of the Township and/or police officers or public safety. The Chief shall be guided by the nature of the assignment and should avoid those with conflicts of interest and/or high risk of injury. The Chief may assign a patrol vehicle or appropriate equipment for use in performing a special duty if and in the event it is determined that the use is necessary to perform the contracted duty.
A.
The work to be performed shall be considered special assignments for independent contractors and will not be considered direct assignment. The taking of any and all special-duty assignments shall be on a voluntary basis in accordance with a fair and reasonable system established and administered by the Chief of Police or his or her designee.
B.
Officers engaged in special-duty assignments shall be deemed on duty and shall conform to all Police Department rules, regulations and procedures. All agreements for special-duty assignments shall be contracted for in writing by the completion of a contract form, which contract shall be kept on record as other such public documents. Said contract shall include but not be limited to the nature of duties to be performed, the location of said duties, the date and hours of service, the rate of payment for services of the officers, administrative fees to the Township of Brick and fees for the use of Township-owned equipment. The Chief of Police shall require the payment of 100% of the estimated amount due the Township for the assignment of such special-duty officer or officers from the person or entity requesting such assignment, in advance of providing such officer or officers. The Chief of Police is hereby empowered to execute a contract for special-duty police-related activities on behalf of the Township in accordance with this article. If, during the course of a particular assignment, the Chief of Police determines that the estimated deposit is insufficient for the payment of an officer of officers employed at the particular assignment, and the funds so deposited have been depleted to 20% of the original estimated level, the Chief of Police or his or her designee shall be authorized to demand an additional deposit rationally related to the estimated costs for completing the assignment. In the event that any particular assignment is completed at a cost less than the original estimated deposit, the Municipal Finance Officer is authorized to refund any balance to the person or entity that made the deposit.
C.
Notwithstanding any of the foregoing, should an emergency situation arise, as determined by the Chief of Police or his designee, requiring immediate special duty services, the requirement of posting 100% of the estimated amount due may be waived. In the event of such a waiver, the person or entity requesting police services will be required to pay the full value of services rendered within 30 days.
D.
Any injuries that occur during the performance of approved extra-duty employment represent service-connected injuries for all purposes under the collective bargaining agreement and state law, including the statutes regarding accidental disability retirement benefits.
A.
All payments for special-duty assignments shall be made through a special police fund established by the Municipal Financial Officer, known as the "Brick PBA Road Job Account," 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 Township. The charges for such services shall be set by resolution adopted by the Township Council. Any dispute between the contractor and the police officer on assignment as to service required or compensation due shall be decided by the Chief and his or her decision shall be final and binding.
B.
Any assignment canceled by a private party on less than four hours' notice shall be charged against the party for the minimum estimated hours for the assignment.
The Chief 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 the health, safety and welfare of the police officer and/or public in the sole determination and discretion of the Chief. The contractor shall not be responsible for any compensation for the time the police officer is away from the special-duty assignments and shall have no claim for any costs or damages against the Township, the Chief or any police officer arising from the termination of the special-duty assignment other than the prorated return of any costs prepaid to the Township.
A.
The Township shall be responsible to provide all necessary insurance coverage for the officer or officers involved as required by law, including but not limited to workers' compensation, public liability, and claims for personal injury, including death or damage to property, which may arise as a result from the officer's performance under contract.
B.
Each person or entity who shall employ police officers for special-duty assignments pursuant to this article shall be responsible for maintaining his, her or its own insurance coverage. Said insurance coverage shall include but not be limited to general and automobile liability and shall name the Township of Brick as an additional insured. In addition, such policy shall provide for a minimum coverage of $1,000,000 for any one claim or $2,000,000 for any aggregate claims. Proof of said insurance coverage shall be provided to the Township of Brick prior to the assignment of any police officers to said person or entity.
Any person or entity requesting the services of police officers for special-duty assignments shall agree to indemnify and hold harmless the Township of Brick for any claims and damages which may arise from the police officer's employment by said person or entity.