[HISTORY: Adopted by the Town Board of the Town of East Fishkill as indicated in article histories. Amendments noted where applicable.]
Article I Private Duty Assignments
[Adopted 6-27-2013 by L.L. No. 6-2013]
From time to time, various organizations within the Town, including school districts, business merchants and businesses, request that the Town provide police officers to assist with respect to crowd control, etc., governing an activity sponsored by the school district and/or business. The organization and/or business agree to pay the cost of this service, and the Town Board has, from time to time, allowed this to occur. It is the Town Board's desire to formalize the process under which this occurs and to establish a procedure wherein the use of police officers for private duty would be under the supervision and control of the Town.
The following conditions shall apply to the assignment of police officers under this section:
The Chief of Police, with the approval of the Town Supervisor, may, upon written request from an individual citizen or organization, assign police officers for private duty assignments in public or private places within the Town.
All such assignments shall be of police officers who are not scheduled or required for other Police Department duties, such determination to be made by the Chief of Police in his sole discretion.
The Chief of Police shall approve the specific location and type of duty assignment for such police officers.
All such officers so assigned shall be considered to be on duty for all purposes, including being listed on duty rosters and being subject to the supervision and direction of all their superior officers, including reassignment and relocation.
All such police officers so assigned shall be paid the prevailing pay rate and shall receive no payment from, nor shall be subject to any direction or supervision from, the requesting citizen or organization. Each Police Officer so assigned shall receive a minimum of three hours' pay, regardless of the time actually worked.
The Chief of Police shall cause to be kept an accurate record of the time devoted to such private duty assignments by the police officers and shall, as soon as practicable, following completion of each private duty assignment, render a bill in the name of the Town to the individual citizen or organization which requested such private duty assignment in accordance with the fee schedule set by the Town Board from time to time. With respect to nongovernmental agencies, businesses or citizens requesting assignment herein, a deposit for the services performed as estimated by the Chief of Police shall be paid to the Town at least five days prior to the scheduled event. The balance of any fees due shall be paid to the Town promptly.
The Chief of Police shall, at the close of each year, file a report with the Town Supervisor listing all officers assigned to private duty, the number of hours and the total amount paid to each officer.
The charge for private duty assignments to a requesting organization, governmental agency or citizen shall be at the average hourly rate of the police officers who shall be available for such assignments, plus 20% to cover the fringe benefit expenses of the assigned officers. Said amounts are to be determined on an annual basis by a resolution of the Town Board.
Applicants for this service shall sign a hold harmless agreement satisfactory to the Town Attorney indemnifying the Town, its employees, and officers against any claims arising from such assignment.