[Adopted 12-7-1998 by Ord. No. 21-98]
A.Â
EMPLOYER
EXTRA-DUTY
GUARD
PLAINCLOTHES SURVEILLANCE OFFICER
POLICE OFFICER
TRAFFIC CONTROL OFFICER
WHILE IN THE EMPLOY OF THE EMPLOYER
Definitions. As used in this section, the following
terms shall have the meanings indicated:
Any individual, partnership, corporation, business entity
or other organization, located either within or outside of the Borough
of Leonia, other than the Borough of Leonia, which employs a police
officer to perform the services of a security guard, traffic control
officer or plainclothes surveillance officer.
Any employment when a police officer is not scheduled for
a shift of duty by the Leonia Police Department and that is conditioned
on the actual or potential use of law enforcement powers by the police
officer employee.
A position of employment involving the wearing of a Leonia
police uniform and/or the carrying of a firearm or other dangerous
weapon as defined by N.J.S.A. 2C:39-1.
A position of employment involving the wearing or carrying
of a Leonia police badge or the carrying of a firearm or other dangerous
weapon as defined by N.J.S.A. 2C:39-1.
Any regular police officer of the Borough of Leonia.
A position of employment involving the wearing of a Leonia
police uniform while directing traffic within the Borough of Leonia.
All times when a police officer is scheduled for and does
work for an outside employer as a security guard, traffic control
officer or plainclothes surveillance officer.
B.Â
No employer shall employ a Leonia police officer while
off-duty to perform the services of a security guard, traffic control
officer or plainclothes surveillance officer without having first
filed with the Borough Clerk a certificate of workers' compensation
insurance.
C.Â
No employer shall employ a Leonia police officer while
off-duty to perform the services of a security guard, traffic control
officer or plainclothes surveillance officer without having first
filed with the Borough Clerk a certificate of comprehensive general
liability insurance in the amount of not less than $200,000 for one
person and $500,000 for any one occurrence with respect to injuries
and damages suffered or caused by police officers while in the employ
of the employer.
D.Â
No certificate of insurance required by this section
shall be deemed filed with the Borough Clerk unless it has been first
approved by the Borough Attorney.
E.Â
All policies of insurance evidenced by any certificate
filed hereunder shall be maintained by the employee in full force
and effect at all times while any police officer is employed by such
employer. Upon the change or renewal of any such policy of insurance,
the employer shall forthwith file with the Borough Clerk a new and
current certificate of insurance in compliance with the foregoing
provisions.
F.Â
Any employer who employs a police officer while off-duty
to perform the aforesaid services without first having complied with
the requirements of the section shall be subject to a fine of $500
or imprisonment of one day, or both, for each day that it employs
the police officer.
G.Â
Any police officer who accepts or continues employment
while off-duty with an employer who has not complied with the requirements
of this section shall be deemed in violation of the rules and regulations
of the Police Department and shall be subject to appropriate discipline
thereunder. The police officer shall, prior to accepting or continuing
off-duty employment, ascertain from the prospective employer whether
it has complied with the provisions hereof. If the employer has not
yet complied, the police officer shall not accept the prospective
extra-duty employment.
[Added 7-6-2005 by Ord. No. 11-05; amended 3-16-2009 by Ord. No.
03-09; 4-16-2012 by Ord. No. 10-12; 3-7-2016 by Ord. No. 2016-1; 6-15-2020 by Ord. No. 2020-14]
It shall be understood that all employers or applicants requesting
employment of police officers for extra duty shall be responsible
for the costs of a police officer's employment at the established
hourly rate of $100 per hour plus $50 administrative surcharge per
hour to cover costs, including, but not limited to, medical insurance,
workers' compensation, disability insurance, vehicle depreciation,
etc. The total cost per hour to the requesting employer or applicant
shall be $150 per hour. The minimum employment time for each police
officer shall total a minimum of four hours, consistent with contractual
terms and agreements. No fees will be charged if the employer or applicant
cancel an assignment prior to the twenty-four-hour period before the
start time of the extra-duty employment. A cancellation of any assignment
by said employer or applicant within a twenty-four-hour period of
the start time of the extra-duty employment shall result in payment
of costs representing four hours' pay at the rate established herein
and the administrative surcharge as established herein for four hours.
If any assignment is cancelled after a police officer(s) arrives at
the location of the assignment, that police officer(s) is entitled
to four hours' pay at the established hourly rate, and the employer
or applicant shall also be responsible for the administrative surcharge
as established herein for four hours.[1]
[1]
Editor's Note: Former Art. III, Rules and Regulations, adopted 10-4-2004 by Ord. No.
24-04, was repealed 12-20-2021 by Ord. No. 2021-19.
