[Added 5-23-2006 by Ord. No. 06-052;
amended 1-20-2015 by Ord. No. 15-005]
For the convenience of those persons and entities which utilize
the services of off-duty law enforcement officers of the City of Paterson
Police Division and to authorize the outside employment of City of
Paterson police while off-duty, the City of Paterson establishes a
policy regarding the use of said officers.
A.
Members of the Police Division shall be permitted to accept police
related employment for private employers or school districts only
during off-duty hours and at such times as will not interfere with
the efficient performance of regularly scheduled or emergency duty
for the City of Paterson.
B.
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, such employment would not
be inconsistent with the efficient functioning and good reputation
of the Police Division and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
The manner of assignment of said jobs and the regulation of same shall
be governed by a policy and regulations promulgated by the Chief of
Police.
A.
Any person or entity requesting the services of an off-duty law enforcement officer in the Paterson Police Division 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 City of Paterson Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 81-56 for the total estimated hours of service.
B.
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 City of Paterson Treasurer. No officer shall
provide any such services for more hours than are specified in the
request for services.
C.
In the event the funds in such an escrow account should become depleted,
services of 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.
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.
E.
The person or entity requesting same shall be required to execute
a contract with the City of Paterson for said services in a form approved
by Corporation Counsel.
All requests to the City of Paterson for the services of off-duty
law enforcement officers in the City of Paterson Police Division 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 officers, when so employed by the City of Paterson,
shall be treated as an employee of the City of Paterson; 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 overtime.
[Amended 12-20-2016 by Ord. No. 16-094; 6-11-2019 by Ord. No. 19-029]
The rate schedule for off-duty law enforcement officers with
the City of Paterson shall be established on an annual basis by the
collective bargaining unit representing those officers. Said rates
shall be reduced to writing and available on request. An administrative
charge of $10 per hour shall be added to said rates. Police vehicles
will be billed at an additional charge of $20 per hour per vehicle.
However, if such compensation for the services of such officers
is provided by a municipality or other government entity in the area,
and such services will also foreseeably benefit the residents of the
City of Paterson, then the Public Safety Director may obtain authorization
via resolution of the Municipal Council to waive the said administrative
charge and vehicle fee. Via the adoption of this ordinance, the Council
hereby authorizes such a waiver with regard to any such compensation
for off-duty services paid for by the Borough of Elmwood Park for
any such services that may be rendered for the remainder of calendar
year 2019, without the need for a separate authorizing resolution.
In all cases, however, compensation for the officers' services
shall not be waived.
All ordinances, codes or parts thereof inconsistent with any
of the provisions of this new section are hereby repealed to the extent
of such inconsistency. If any section or provision of this chapter
shall be held invalid by any court of competent jurisdiction, the
same shall not affect the other sections or provisions of this chapter,
except so far as the section or provision so declared invalid, which
shall be inseparable from the remainder of any portion thereof.
