§ 4-19. EMPLOYMENT OF OFF-DUTY POLICE OFFICERS.

4-19.1 Findings. The Mayor and Borough Council of the Borough of Sayreville hereby find and declare as follows:

a.

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 may agree to implement a system whereby the off-duty assignments of police officers is arranged through a contract directly with the municipality and the private person or entity.

b.

That the contracting between the municipality and private person or entity must include a plan whereby the compensation for off-duty police-related services is channeled through the office of the Treasurer, and that said compensation is placed in a special trust fund to be established by the municipality, and that the proceeds of said fund will be disbursed through the office of the Treasurer to the individual police officers performing such services.

c.

It is in the best interest of the Borough of Sayreville to establish a procedure for the assignment of off-duty police work which will allow for the greater protection of the citizens of the Borough.

(Ord. #15-89, § 1; Ord. #627-99, § II)

4-19.2 Assignments. The Chief of Police shall be responsible for the assignment of all off-duty police-related activities, and shall be responsible for the billing of all compensation due the Borough. The Chief of Police shall be authorized to designate a Captain as needed in the assignment of off-duty police-related activities. The procedure for assignment of off-duty police-related activities shall be as follows:

a.

The Chief of Police shall establish a policy for off-duty work assignments.

b.

The Chief of Police or the Chiefs designee shall assign all off-duty police related activities pursuant to the policy for off-duty work assignments.

c.

The Police Manual of the Borough of Sayreville, its rules and regulations are hereby incorporated by reference into this section. In no event, however, shall an off-duty assignment interfere with Borough related police assignments. No police officer shall be permitted to work more than sixteen (16) hours in two (2) eight (8) hour shifts in any given twenty-four (24) hour time period, subject to the approval of the Chief of Police or designee in an emergency basis. No police officer shall be permitted to exceed the total number of hours of work, which shall include on-duty Borough work and off-duty private contract work, in any given day or any given work cycle as set forth in the Police Manual, or any other law or regulation.

d.

All requests for off-duty police assignments shall be referred to the Chief of Police for approval prior to the execution of any contract between the Borough and the private person or entity. The Chief of Police or the Chiefs designee may recommend any restrictions or modifications be included in the contract whenever the health, safety, or welfare of the police officers, or residents of the Borough of Sayreville warrant said restrictions. The Chief of Police or the Chiefs designee may recommend denial of an off-duty assignment, or termination of a contract with a private person or entity, whenever a determination is made that the assignment poses an unreasonable threat to the health, safety or welfare of the police officers or the residents of the Borough of Sayreville.

(Ord. #15-89, § 2; Ord. #452-96; Ord. #627-99, § II)

(Ord. No. 331-16 , 5-23-2016)

4-19.3 Contracts with Private Entities. Any private person or entity desiring to retain the services of police officers of the Borough of Sayreville for off-duty police related activities shall be required to enter into a contract with the Borough of Sayreville. 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 of services to the officers, administrative fees to the Borough of Sayreville, and fees for the use of Borough owned equipment.

Extra-Duty construction and road jobs performed by vendors that divert or interrupt motor vehicle or pedestrian traffic flow or may expose the public to the risk of injury shall require the services of off-duty police officer(s). The number of off-duty officers required shall be determined by the Chief of Police or his designee. The Chief of Police or his designee has the authority to determine if the services of an off-duty officer or officers are needed for an extra-duty construction or road job.

The contract with said private person or entity shall provide for the deposit of monies in advance by the private person or entity for the services to be performed. Should the contract call for a term exceeding one (1) month, the private person or entity shall be required to tender an estimated payment for the first month's services upon executing the contract, and will be billed on a periodic basis thereafter. Should the actual assignment of off-duty officers amount to less than the amount deposited, the Police Chief or his designee shall upon termination of the contract and receipt of the final certified time slips, return all unused funds to the private person or entity. Nothing in this section shall be construed as limiting the power of the Borough of Sayreville to accept or reject any and all assignments with any private person or entity.

(Ord. #15-89, § 3; Ord. #39-89, § 1; Ord. #452-96; Ord. #627-99, § II)

(Ord. No. 331-16 , 5-23-2016)

4-19.4 Payment for Off-Duty Assignments.

a.

All private persons or entities shall be required to make all payments for off-duty assignments payable to the Borough of Sayreville. All payments for off-duty assignments shall be forwarded to the Treasurer of the Borough of Sayreville. The Treasurer shall deposit all funds earmarked for the payment of off-duty officers, collected from private persons or entities, into a special escrow fund. The escrow fund shall be established for payment to members of the Police Department performing the off-duty services. All police officers shall be required to submit pay slips to the Police Chief or the Chief's designee. The pay slip shall be in a form approved by the Police Chief. Upon receipt of a properly executed pay slip verified by the private person or entity, the Treasurer will process the pay slips for disbursement. Provided the escrow fund for the private person or entity has sufficient monies available, the members of the Police Department shall be paid for the off-duty services at the next regularly scheduled pay date. If there is insufficient monies available to pay all members of the Police Department, who worked for the private person or entity in question, for the pay period in question, the Police Chief, or the Chief's designee, shall request additional funds for deposit into escrow prior to payment of the police officers.

b.

Effective July 1, 2016, all police officers shall be paid an hourly rate of fifty-five ($55.00) dollars per hour for Board of Education. For all other off-duty assignments, police officers shall be paid an hourly rate of sixty-five dollars ($65.00) per hour and effective January 1, 2017 seventy-five ($75.00) dollars per hour. All off-duty assignments shall be for four (4) hours at a minimum. All hours worked in excess of eight (8) hours shall be paid at one and one-half (1-½) times the applicable hourly rate for each officer.

c.

Cancellation of off-duty assignments shall be made to the Officer in charge no less than two (2) hours prior to commencement or a fee will be charged in an amount equal to the applicable hourly rate multiplied by the minimum amount of hours required multiplied by the number of officers requested.

(Ord. #15-89, § 4; Ord. #25-89, § 1; Ord. #211-91, § 1; Ord. #452-96; Ord. #627-99, § II; Ord. #777-02, § 1)

(Ord. No. 81-09, § 1, 2-23-2009; Ord. No. 331-16 , 5-23-2016)

4-19.5 Administrative Costs.

a.

In addition to the aforementioned fees to be collected by the Borough of Sayreville from said private person or entity for the payment of said off-duty police officers, the Borough of Sayreville shall collect an administrative fee of ten ($10.00) dollars per hour, per person, assigned to said private entity. Said fee shall be used to off-set the administrative costs associated with the assignment of Borough police officers.

b.

In addition to the aforementioned administrative fee, said private person or entity shall pay the Borough for the use or rental of any Borough equipment based upon the following pay scale:

1.

Police vehicle:

(a)

For one (1)—four (4) hours (or any part thereof): One hundred ($100.00) dollars per vehicle; and

(b)

Ten ($10.00) dollars per hour (or any part thereof) for each hour beyond the first four (4) hours in any twenty-four (24) hour period.

c.

Should a third party vendor be contracted to perform administrative functions, said contract is subject to approval by the Mayor and Council with the advice of the Chief of Police for the Borough of Sayreville.

(Ord. #15-89, S 5; Ord. #248-92, S 1; Ord. #452-96; Ord. #627-99, S II; Ord. #723-01, S 1)

(Ord. No. 81-09, § 2, 2-23-2009; Ord. No. 331-16 , 5-23-2016)

4-19.6 Workers Compensation Fund and Insurance.

a.

Workers' Compensation Fund. In addition to the aforementioned fees for administrative costs, as well as the fees for the hourly rate of pay for said police officers, such private person or entity wishing to employ off-duty police officers shall be required to pay the Borough of Sayreville a separate fee of seven ($7.00) dollars per hour. This additional fee shall be used for the purposes of contribution to the Borough's Workers' Compensation Fund.

b.

Insurance. Each private person or entity who shall employ off-duty police officers pursuant to this section shall be responsible for maintaining their own insurance coverage. Each private person or entity shall be required to name the Borough of Sayreville as an additional insured. Said insurance coverage shall include, but not be limited to general liability and automobile, and shall be in the amount of not less than one million ($1,000,000.00) dollars per occurrence, nor ten million ($10,000,000.00) dollars total aggregate. Said insurance coverage shall provide for coverage of any and all police officers, vehicles and/or equipment that is utilized in the off-duty assignment. Proof of said insurance coverage shall be provided to the Borough of Sayreville and approved by the Borough Attorney as to form prior to the assignment of any off-duty police officers to said private person or entity.

(Ord. #15-19, § 6; Ord. #452-96; Ord. #627-99, § II)

(Ord. No. 81-09, § 3, 2-23-2009)

4-19.7 Emergencies. The Chief of Police or his designee shall have the authority to order any police officer, engaged in off-duty assignments within the Borough of Sayreville, to respond to an emergency situation within the Borough of Sayreville. The Chief of Police or his 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 officer and/or the citizens of the Borough of Sayreville. In the event a police officer is assigned to an emergency situation, the Police Chief or his 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 police 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 Borough of Sayreville until such time as such police officer and/or equipment returns to the assignment with the off-duty employer.

(Ord. #15-89, § 7; Ord. #627-99, § II)

4-19.8 Indemnification. Any private person or entity requesting the services of off-duty police officers shall indemnify the Borough of Sayreville for any and all damages which may arise from the off-duty police officer's employment by said private person or entity.

(Ord. #15-89, § 8; Ord. #627-99, § II)

4-19.9 Severability. If any section or paragraph of this ordinance shall be declared to be invalid, unconstitutional or inoperative, in whole or in part, by any Court of competent jurisdiction, this entire section shall be deemed void.

(Ord. #15-89, § 9; Ord. #627-99, § II)