[Adopted 10-9-1990 by Ord. No. 27-1990; amended in its entirety 8-12-2008 by Ord. No.
26-2008]
[Amended 12-13-2011 by Ord. No. 21-2011]
For the convenience of those persons and entities which utilize
the services of off-duty law enforcement officers of the Dover Police
Department and to authorize the outside employment of Town police
while off duty, the Town hereby establishes a policy regarding the
use of said officers:
A.
All members of the Police Department, shall be permitted to accept
police-related employment for private employers or school district
only during off-duty hours and at such time as will not interfere
with the efficient performance of regularly scheduled or emergency
duty for the Town.
[Amended 8-10-2021 by Ord. No. 17-2021]
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 Department and would not unreasonably endanger or threaten
the safety of the officer or officers who are to perform the work.
A.
Any person or entity requesting the services of an off-duty law enforcement officer in the Dover Police Department 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 Town Treasurer by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in § 57-18 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 Town 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.
All requests to the Town for services of off-duty law enforcement
officers in the Dover Police Department 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 Town, shall be treated as an employee of the
Town; 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 12-13-2011 by Ord. No. 21-2011; 10-13-2020 by Ord. No. 22-2020]
A.
All members of the Policemen's Benevolent Association, Dover
Local No. 107, shall be paid at the premium, overtime rate for the
top-paid patrol officer for all third-party services.
B.
All members of the Superior Officers' Association, Dover Local
No. 107, shall be paid at the overtime rate of the Deputy Chief for
all third-party services.
C.
All officers shall additionally be paid an additional $5 per hour
for each regular hour worked between 6:00 p.m. and 7:00 a.m. for all
third-party services.
D.
An additional 20% per hour for any person or entity and 10% per hour
for nonprofit organizations is hereby established to cover administrative
costs, overhead, and out-of-pocket expenses of the Town of Dover.
E.
The Town of Dover Board of Education is exempt from the administrative
fee.
F.
In the event that off-duty work is performed for either the Town
of Dover Board of Education or for a nonemergency planned capital
improvement to be paid for exclusively by the Town of Dover, the off-duty
rate shall be consistent with the terms of the then-current collective
bargaining agreement with the Policemen's Benevolent Association,
Dover Local No. 107.
