Essex County, NJ
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Essex County Board of Chosen Freeholders as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-27-2008 by Ord. No. O-2008-00002]

§ 115-1 Extra-duty employment of Sheriff's officers.

A. 
To accommodate those persons and entities requiring the services of off-duty Sheriff's officers and to authorize their off-duty employment, the County hereby establishes this policy and procedures.
B. 
Sheriff's officers deemed eligible by the Sheriff to do so shall be permitted to accept law-enforcement-related employment from nongovernmental employers and school districts only during their off-duty hours and at such times as will not interfere with the efficient performance of regularly scheduled or emergency duty for the County.
C. 
Persons or entities wishing to employ off-duty Sheriff's officers must make their request through the Sheriff. The Sheriff may grant such request when, in his opinion, such employment will not be inconsistent with the efficient functioning and good reputation of the Sheriff's Office and would not unreasonably endanger or threaten the safety of the officer(s) who will be working the assignment(s).
D. 
Sheriff's officers who are deemed eligible to perform outside employment and who perform in the capacity of a security officer for a licensed security officer company, as defined under N.J.S.A. 45:19A-1 et seq., while receiving compensation from the private security company, shall not wear their Essex County Sheriff's uniform or otherwise exhibit evidence of authority as a Sheriff's officer while performing private security functions for the licensed security company. Prior to commencement of such employment, the Sheriff's officer must ensure that both he/she and the licensed security company are in full compliance with SORA. Sheriff's officers may only work for a licensed security company which has provided written assurance to the Sheriff, prior to the commencement of work, that the officer is a full employee of that company while conducting the duties of a security officer and that the licensed security company carries comprehensive workers' compensation and general liability insurance in amounts required by the County.

§ 115-2 Requests for services.

A. 
Any person or entity seeking to employ off-duty Sheriff's officers shall first obtain the approval of the Sheriff or his/her designee. The Sheriff or his/her designee is authorized to execute an agreement with the applicant for services needed, which agreement shall set forth the specific nature of the services to be performed, the location, dates and hours of service, payment arrangements mandated herein, number of officers needed, insurance coverage and/or any other provisions required by law or regulation of the State of New Jersey. The applicant must first file a request for services with the Sheriff's Outside Employment Unit ("OEU").
B. 
Any Sheriff's officer, when so employed by the County, shall be treated as an employee of the County; provided, however, that any and all wages earned for outside employment shall not be applied toward the pension benefits of Sheriff's officers so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime under the Fair Labor Standards Act or compensable in any other manner that requires the County to pay the officers by County funds through its payroll system. All Sheriff's officers shall be subject to the policies, procedures, directives, rules and regulations of the Sheriff, the Essex County Prosecutor's office and the Attorney General's Office of the State of New Jersey.

§ 115-3 Billing/payment schedule/escrow accounts.

Billing periods. Billing and payment practices for persons or entities contracting for the provision of security services by off-duty Sheriff's officers shall be conducted in accordance with local finance laws and regulations promulgated by the Local Finance Board,

§ 115-4 Rates of compensation; administrative fees; payment for services.

Due to the wide variety of assignments Sheriff's officers may be asked to perform, as well as varying rates of compensation paid law enforcement officers by the various municipalities, it is reasonable to allow for different rates. Sheriff's officers are to receive the same hourly rate paid police officers in the municipality in which they are to be working off-duty, including any municipal administrative fees. The five-dollar administrative fee the County charges to recoup its expenses for processing requests and payments shall remain constant irrespective of the amount of administrative fees charged by each municipality. The County shall collect the same hourly rate paid by the municipality, from which it shall deduct its five-dollar administrative fee and Federal Insurance Contributions Act Tax ("FICA") and then pay the net remaining amount to the Sheriff's officer through regular payroll. Thus, by way of example, if Municipality A pays an hourly rate of $60 plus $8 hourly in administrative fees, the County shall collect $68 per hour, from which it shall deduct its five-dollar administrative fee and FICA. Unless there are contractual agreements with a vendor/contractor to the contrary, the rates of compensation for the assignments listed below shall be as follows:
A. 
Standard, steady security and crowd control. Compensation to the County for each Sheriff's officer shall be at the same hourly rate as the prevailing rate for the same work performed by police officers employed by the municipality in which the work is being performed, including any municipal administrative fees, from which the County shall deduct its five-dollar-per-hour administrative fee per officer and FICA. There shall be a minimum hourly rate of $30 per officer, including the County administrative fee, and a maximum hourly rate of $100 per officer, including the County administrative fee. This provision does not apply to off-duty employment performed on property owned or leased by the County of Essex.
B. 
Traffic/road construction. Compensation to the County for each Sheriff's officer shall be at the same hourly rate as the prevailing rate for the same work performed by police officers employed by the municipality in which the work is being performed, including any municipal administrative fees and all holiday and shift differentials, from which the County shall deduct its five-dollar-per-hour administrative fee per officer and FICA.
C. 
County property. Compensation for off-duty enforcement duties on County property, such as concerts/special events and movie/television shoots, shall be at an hourly rate of $55 per officer, from which the County shall deduct its five-dollar-per-hour administrative fee per officer and FICA.
D. 
Three-hour minimum. All assignments shall have a three-hour minimum per officer contracted. Sheriff's officers are entitled to the three-hour minimum if the assignment is cancelled upon their arrival at the job site, without prior notice. Sheriff's officers who begin an assignment that is cancelled before its completion shall be entitled to the three-hour minimum or actual hours worked, whichever is longer.
E. 
Marked Sheriff's unit vehicle. Compensation for a Sheriff's officer working with a marked Sheriff's unit vehicle shall be at the hourly rate detailed above, including municipal administrative fees, plus the rate for utilization of a marked unit in the municipality in which the work is being performed, from which the County shall deduct its five-dollar-per-hour administrative fee per officer and FICA. If the local ordinance does not specify a rate for a marked unit, the rate for a marked Sheriff's office unit shall be an additional $20 per hour.
F. 
Superior officers. Compensation for a superior officer, specifically requested due to his/her status as a supervisor, shall be the hourly rate as detailed above, including municipal administrative fees, plus $10 per hour per supervisor, from which the County shall deduct its five-dollar-per-hour administrative fee per officer and FICA. All assignments that require more than five officers to safely perform the assignment, as determined by the Sheriff's Office, shall have one supervisor on the job site for every sixth officer employed. For example, an event requiring six to 11 officers would require one supervisor; an event requiring 12 to 17 officers would require two supervisors, and so on. The supervisor rate, as set forth above, shall apply.

§ 115-5 Contractor obligations and limitations.

Persons or entities contracting for off-duty law enforcement services are placed on notice that the Essex County Sheriff is the primary employer of Sheriff's officers and, in contracting for such services, expressly agree to the following conditions:
A. 
Police-related work. Sheriff's officers providing law enforcement services shall not be required to perform non-police-related tasks. Police-related tasks typically involve crowd/traffic control and site security.
B. 
Uniforms. Unless specifically authorized by the Sheriff or while performing in the capacity of a security officer for a licensed security officer company as defined under N.J.S.A. 45:19A-1 et seq., Sheriff's officers shall be in uniform. Requests from persons or entities other than licensed security officer companies for officers to work in a plain clothes' capacity shall be made in writing to the Sheriff, who in his sole discretion may approve or deny such a request for any or no reason.
C. 
Cancellations. Persons or entities that have contracted for off-duty Sheriff's officers and wish to cancel must provide a minimum of two hours' notice or be subject to the three-hour minimum for each officer contracted. Notification can be made via telephone to the Command Post Supervisor at (973) 621-4111.
D. 
Number of officers needed. Persons or entities contracting for the services of off-duty Sheriff's officers must accept as final the number of officers required for the job at hand as determined by the Sheriff or his/her designee.
E. 
State of emergency. The Sheriff or his/her designee shall, at all times, have the authority to order any Sheriff's officer engaged in off-duty assignments to respond to an emergency situation. The Sheriff or his/her designee shall also have the right to order any off-duty assignment terminated whenever said assignment creates an unacceptable risk to the health, safety or welfare of the off-duty officer and/or the citizens of Essex County.

§ 115-6 Insurance requirements.

A. 
Persons or entities contracting for off-duty law enforcement services are responsible for providing all insurance coverage as required by law. Each applicant shall provide the Essex County Sheriff with appropriate certificates of insurance naming the County of Essex and the Sheriff's officers as additionally insured and evidencing that the Sheriff's officer and Essex County are covered by general liability coverage of at least $1,000,000 for each occurrence and workers' compensation with respect to the services to be provided.
B. 
The certificate of insurance or the policy shall contain the following language: "The Insurer shall indemnify, defend and hold harmless the County of Essex and Essex County Sheriff, their employees, agents, servants, officials and administrators from and against any and all claims, or actions at law, whether for personal injury, property damage or liability including any costs of defense incurred by the County of Essex and/or Essex County Sheriff which arise from any acts or omissions of the insured, their employees, agents, servants, officials or administrators arising out of or related to the use of off-duty Essex County Sheriff's officers."

§ 115-7 Indemnification.

A. 
The person or entity contracting for off-duty law enforcement services and the applicable insurer shall indemnify, defend and hold harmless the County of Essex and Essex County Sheriff, their employees, agents, servants, officials and administrators from and against any and all claims, or actions at law, whether for personal injury, property damage or liability including any costs of defense incurred by the County of Essex and/or Essex County Sheriff which arise from any acts or omissions of the insured, their employees, agents, servants, officials or administrators arising out of or related to the use of off-duty Essex County Sheriff's officers.
B. 
This indemnification and hold harmless agreement shall apply in all instances, whether the County of Essex and/or Essex County Sheriff are plaintiffs, defendants, direct parties to the initial action or claim or are subsequently made parties to the action by third-party in-pleading or are made parties to a collateral action arising, in whole or in part, from any of the issues from the original cause of action or claim.