[Adopted by Ord. No. 1996-8 (Sec. 2-36.12 of the 1987 Revised General Ordinances)]
Persons or entities desiring to hire members of the Police Department
to provide special duty police-related services shall file an application
with the Chief of Police, who shall process the application and approve
or deny the same pursuant to the following:
A.
Any and all extra-duty assignments for police personnel shall be
determined and approved by the Chief of Police or his designee.
B.
No police officer shall perform special duty assignments for private
parties for compensation other than through the procedure in this
section.
C.
The Chief of Police shall obtain such information as he determines
necessary concerning the application. The Chief of Police may deny
the assignment or use of police officers or vehicles and/or may impose
any condition or requirement as in his sole discretion and determination
are in the best interest of the Borough and/or police officers or
public safety.
D.
The Chief shall be guided by the nature of the assignment and should
avoid those with conflict of interest and/or high risk of injury.
E.
The Chief may assign a patrol vehicle or appropriate equipment for
use in performing special duty if and in the event it is determined
that the use is necessary to perform the contracted duty.
F.
The work to be performed shall be considered "special assignments
for independent contractors" and will not be considered a direct assignment.
G.
The taking of any and all special duty assignments shall be on a
voluntary basis in accordance with a fair and reasonable rotation
system established and administered in writing by the Chief of Police.
H.
Officers engaged in special duty assignments shall be deemed on duty
and shall conform to all police department rules, regulations and
procedures.
I.
All agreements for special duty assignments shall be contracted for
in writing by the completion of a contract form, which contract shall
be kept on record as public documents in the office of the Chief of
Police.
J.
All special duty assignments shall be within the Borough of Red Bank,
unless specific written approval is given by the Chief of Police to
the officer to work outside of the Borough. The Chief may contact
adjoining municipal police departments to see if their officers are
willing to perform such special assignments.
K.
Private parties or attorneys who utilize police officers in civil
cases by subpoena will be responsible to pay the Borough for the costs
incurred for the officers' time while complying with the subpoena.
This section does not apply to internal administrative or disciplinary
matters in which reimbursement to the Borough is not applicable.
Fees and charges to be paid to the Borough shall be in accordance
with rates established from time to time by resolution of the governing
body.
A.
Upon the granting of an application by the Chief of Police for special
duty assignments, the applicant/contractor shall deposit escrow funds
payable to the Borough of Red Bank. Said escrow funds shall be determined
based upon the fees and charges established from time to time by resolution
of the governing body and the realistic estimated time or amount of
special duty services to be provided.
B.
No special duty assignment work will be performed until all escrow
funds have been deposited in accordance with this section. The escrow
fund payment must be in the form of cash, certified or bank cashier's
check or money order.
C.
Additional escrow funds may be required by the applicant/contractor
when the escrow has been depleted to 20% of the original escrow amount.
The Police Chief or his designee shall notify the Chief Financial
Officer when services have been provided that would deplete the escrow
funds to 20% of the required escrow amount. Also, the Chief shall
then notify the applicant/contractor of the amount of additional escrow
funds that will be required for the work to continue and the applicant/contractor
shall forthwith deposit with the Borough the additional escrow funds.
D.
The Chief Financial Officer shall prepare and send to the applicant/contractor
a statement which shall include an accounting of escrow funds setting
forth all deposits, disbursements and the cumulative balance of the
escrow account. This information shall be provided on a monthly basis.
E.
Each payment charged to the escrow deposit shall be pursuant to a
voucher from the police officer. Said voucher shall identify the officer
performing the service, the date, the type of service performed, the
hours worked and the amount to be paid to the officer. All officers
performing special duty assignments shall submit vouchers to the Chief
Financial Officer on not less than a monthly basis.
F.
The Chief Financial Officer shall promptly send an informational
copy of all vouchers submitted to the applicant/contractor.
G.
All payments for special duty assignments shall be made through the
escrow fund established by the Borough from which fund payments shall
be made to the individual police officers performing such service.
All payments from the fund shall be made to the police officers subject
to required deductions and an administrative fee to be retained by
the Borough.
H.
Disputes, if any, between the applicant/contractor and the police
officer on assignment as to service required or compensation due shall
be decided by the Chief and his decision shall be final and binding.
I.
Any assignment canceled by the applicant/contractor on less than
four hours' notice shall be charged against the party for the
minimum hours for the assignment.
The Chief has the authority to order any police officer to vacate
or terminate any special duty assignment in response to emergency
situations or whenever the assignment creates an unacceptable risk
to health, safety and welfare of the police officer and/or public
in the sole determination and discretion of the Chief. The contractor
shall not be responsible for any compensation for the time the police
officer is away from the special duty assignment and shall have no
claim for any costs or damages against the Borough, the Chief or any
police officer arising from the termination of special duty assignment
other than the prorated return of any costs prepaid to the Borough.
The Borough shall be responsible to provide all necessary insurance
coverage for the police required by law, including but not limited
to workers' compensation, public liability and claims for damages
for personal injury including death or damage to property which may
arise as a result of the Borough's performance under contract.
