The Attorney General of the State of New Jersey
and the Division of Local Government Services have determined that
members of a municipal police department may, during their off-duty
hours, engage in police-related activities for private persons or
entities. Pursuant to the laws of the State of New Jersey, a municipality
must agree to implement a system whereby the off-duty assignments
of police officers are arranged through a contract directly with the
municipality and the private person or entity.
A.Â
All requests to the Township of Galloway for the services
of off-duty law enforcement officers in the Township of Galloway for
a period of one week or longer shall be forwarded to the Chief of
Police for posting at least 10 days before such services are required.
Any law enforcement officer, when so employed by the Township of Galloway,
shall be treated as an employee of the Township; provided, however,
that wages earned for outside employment shall not be applied toward
the pension benefits of law enforcement officers so employed, nor
shall hours worked for outside employment be considered in any way
compensable as over-time.
B.Â
Members of the Police Department shall be permitted
to accept police related employment for private employers or school
districts only during off-duty hours and at such time as will not
interfere with the efficient performance of regularly scheduled or
emergency duty for the Township of Galloway.
C.Â
Any person or entity wishing to employ off-duty police
shall first obtain the approval of the Chief of Police, which approval
shall be granted if, in the opinion of the Chief of Police, 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.Â
It is in the best interest of the Township of Galloway
to establish a procedure for the assignment of off-duty police work
which will allow for the greater protection of the citizens, officers
and visitors of the Township of Galloway.
The Chief of Police or his/her designee shall
create and maintain a list whereby police officers may volunteer for
off-duty police related activities.
[Amended 9-12-2023 by Ord. No. 2113-2023]
Any private person or entity desiring to retain
the services of police officers of the Township of Galloway for off-duty
police-related activities shall file with the Chief of Police (or
contracted vendor) an application for the provision of such services.
The application will be provided by the Township of Galloway (or contracted
vendor). The Chief of Police shall have the right to either approve
or disapprove the application of such private person or entity desiring
to retain the services of police officers of the Township of Galloway
for off-duty police-related activities. Any private person or entity
which is approved by the Chief of Police for the provision of such
services of police officers shall be required to enter into a contract
for the provision of such services with the Township of Galloway.
Said contract shall include but not be limited to the nature of duties
to be performed, the location, dates(s) and hours of said duties.
The Township of Galloway's Police Detail ordinance connotes the rate
of payment of such services. The services that will be charge are:
pay for officers, administrative fees, fees for the use of Township-owned
equipment. This section also provides for a full deposit in escrow
for the time that will be contracted prior to the services being rendered
and is explained below.
A.Â
Any person or entity requesting the services of an
off-duty law enforcement officer in the Galloway Township Police Department
shall estimate the number of hours such law enforcement services are
required, which estimate shall be approved in writing by the Chief
of Police, and shall establish an escrow account with the Chief Financial
Officer (CFO) of the Township by depositing an amount sufficient to
cover the rates of compensation and administrative fees set forth
below for the total estimated hours of service.
B.Â
Prior to posting any request for services of off-duty
law enforcement officers, the Chief of Police or his designee shall
verify that the balance in the escrow account of the person or entity
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 shall not post a request for services from any person
or entity unless all fees and compensation required in the manner
described above have been deposited with the CFO. No officer shall
provide any such services for more hours than are specified in the
request for services. No request for services of off-duty law enforcement
officers will be filled until all fees and compensation required in
the manner described above have been deposited with the contracted
vendor. No officer shall provide any such services for more hours
than are specified in the request for service unless approved by Chief
of Police or his/her designee.
[Amended 9-12-2023 by Ord. No. 2113-2023]
C.Â
In the event the funds in such an escrow account should
become depleted, services for off-duty law enforcement officers shall
cease, and requests for further or future services shall not be performed
or posted until additional funds have been deposited in the escrow
account in the manner prescribed above.
D.Â
The person or entity requesting such services shall
be responsible for ensuring that sufficient funds remain in the escrow
account in order to avoid any interruption of services.
[Amended 9-27-2005 by Ord. No. 1621; 4-27-2010 by Ord. No. 1809]
A.Â
Said private person or contracted vendor shall pay the Township of
Galloway for the services of police officers for any special detail,
including, but not limited to, traffic, security, athletic and community
events (but not including events for which the Township is not reimbursed),
and/or for the use or rental of any Township-owned equipment based
upon the following scale:
[Amended 3-12-2019 by Ord. No. 2009-2019; 9-12-2023 by Ord. No. 2113-2023]
(1)Â
The
Township will charge for off-duty assignments $90 per hour. This rate
is per officer equipped with a police vehicle. The Township contracted
vendor may charge an additional fee to private person and/or entity
retaining the services of the Galloway Township Police Department.
B.Â
The rate of compensation for any special details that are for any
functions/activities under the direction of the Galloway Township
Board of Education or the Greater Egg Harbor Board of Education shall
be:
[Amended 3-12-2019 by Ord. No. 2009-2019; 9-12-2023 by Ord. No. 2113-2023]
(1)Â
The
Township will charge for off-duty assignments $60 per hour. This rate
is per officer equipped with a police vehicle. The Township contracted
vendor may charge an additional fee to private person and/or entity
retaining the services of the Galloway Township Police Department.
C.Â
Notwithstanding anything to the contrary, the Township of Galloway
shall not be required to allow its equipment to be used on any off-duty
assignment.
The Chief of Police or his/her designee shall
have the authority to order any police officer engaged in off-duty
assignments within the Township of Galloway to respond to an emergency
situation within the Township of Galloway. The Chief of Police or
his/her designee shall also have the right to order any off-duty assignment
to be terminated whenever said assignment creates an unacceptable
risk to the health, safety and welfare of the off-duty police officer
and/or citizens of the Township of Galloway. In the event a police
officer is assigned to an emergency situation, the Police Chief or
his/her designee shall make note of said emergency situation, as well
as the time said officer was removed from said off-duty assignment.
In any situation where an off-duty officer is called to an emergency
situation, said private person or entity shall not be responsible
for the payment of the officer's hourly rate, administrative fee,
or any other fees to the Township of Galloway until such time as said
police officer and/or equipment returns to the assignment with the
off-duty employer.
Any private person or entity requesting the
services of off-duty police officers shall indemnify the Township
of Galloway for any and all damages which may arise from the off-duty
police officer's employment by said private person or entity.