[Adopted 8-12-2015 by Ord. No. 56-2015]
Police officers may work for outside private contractors and
entities on their off-duty hours with the approval of and provided
the Chief of Police determines, in his discretion, that there are
sufficient police personnel available, that the outside employment
assignment will not interfere with the needs of the City, and that
sufficient funds have been deposited in advance in an escrow account
with the City's Chief Financial Officer to cover the anticipated costs
of such off-duty assignments. The City's Chief Financial Officer shall
remit invoices to all outside private contractors and entities upon
notification from the Police Chief on all outside employment.
A.
The City shall establish an escrow account dedicated to the payment
of off-duty police officers for outside employment by private contractors
or private entities. Any prospective contractor or private entity
must apply to the Chief of Police, requesting off-duty police services.
The Chief of Police will then notify the Business Administrator and
Chief Financial Officer of the request and forward to them the completed
application, when received. The written application shall include
the following information:
(1)
The dates that off-duty police services and police vehicle(s) will
be needed.
(2)
An estimate of the number of hours the contractor or private entity
anticipates using the off-duty police officer(s) and, if appropriate,
police vehicles.
(3)
A check to cover the cost of off-duty police services and use of
any City vehicles based on the estimated number of hours shall be
submitted before the start of off duty employment in accordance with
state and Division of Local Government Services regulations. No police
officer shall work off duty for any private contractor or entity prior
to clearance of the funds in the escrow account.
B.
If the contractor's or private entity's needs exceed the estimated
sum in the escrow account, the City's Chief Financial Officer (or
designee) shall immediately notify the contractor or outside entity
that the funds in the escrow account are insufficient to pay for continued
off-duty police services. The contractor or private entity shall then
either replenish the escrow account with a check sufficient to pay
for continued services or the Chief of Police shall immediately terminate
provision of the off-duty police services to the contractor or private
entity.
C.
If the contractor's or private entity's estimated costs exceed the
actual costs incurred, then the City shall, upon proper notice to
the City's Chief Financial Officer, refund the remainder of the escrow
account.
A.
All requests for off-duty police services must be made no later than
1600 hours on the day prior to the request, except in an emergeny
situation.
B.
In event of an emergency situation, where written application for
off-duty police services cannot be made prior to the date such service
is required, payment for such service must be made to the City within
24 hours after the emergency situation has been resolved or concluded.
For the purpose of this section, "emergency situation" shall mean
any construction, maintenance or repair required to be performed as
a result of an unforeseen event or act of God, whereby the private
contractor had no prior notice of the condition, and off-duty police
services are required for the public safety and welfare, which determination
is left in the sole discretion of the Chief of Police.
A.
Rates for off-duty police services are:
(1)
The rate of pay for all off-duty police work for a for-profit business
is up to $____ per hour. The rate of pay for all off-duty police work
for a nonprofit entity is $____per hour.
(2)
The failure of a contractor or private entity to contact the Police
Department at least 12 hours in advance of the start of an assignment
to cancel the request for off-duty police services will result in
a two-hour minimum charge to the contractor or private entity. If
an officer accepts an off-duty detail for specific hours and the detail
is not worked to completion due to circumstances with the contractor,
the officer may accept full compensation for the hours scheduled from
the contractor. However, this does not guarantee the officer compensation
for all scheduled hours.
(3)
In addition to the amounts noted above, a per-hour administrative
fee of 15% will be charged to the contractor or private entity.
B.
When a City police vehicle is available and being utilized as an
active traffic control device, the fee charged for use within the
City is ____$ per hour with a minimum of $____, but not to exceed
$____. The Atlantic City Board of Education, religious institutions
and not-for-profit organizations within the City shall be exempt from
the fees charged for the use of police vehicles.
Whenever a contractor or outside entity contracts with the Atlantic
City Police Department for the services of a police officer during
his or her off-duty hours to engage in police-related activities,
that outside entity must comply with the following:
A.
The employer shall hold the municipality harmless from any and all
claims that may arise as the result of activities or actions of the
police officers hired by the employer, which arise during the course
of employment. The employer shall provide the municipality, prior
to utilization of the municipality's police officers, with a certificate
of insurance from an insurance company acceptable to the municipality
evidencing not less than a minimum of $1,000,000 in comprehensive
general liability (including personal injury with exclusion of A &
C deleted), but not less than the employer covers, and $300,000 in
property damage, as well as a hold harmless agreement inuring to the
benefit of the municipality and shall maintain said coverage at all
times that a police officer of the municipality is employed by the
employer. Such indemnity agreement shall be in a form acceptable to
the City Solicitor.
B.
Indemnity shall cover any claim or amount arising out of or recovered
under workers' compensation law. In consideration of hiring off-duty
officers, the outside entity agrees to waive all rights of subrogation
against the City of Atlantic City, its officers, officials, agents
and employees for losses arising from the work performed by the off-duty
police officer.
In the event a contractor determines not to use off-duty police
officers, the contractor must provide for its own traffic control
personnel and signage. If the Chief of Police determines that the
contractor must utilize off-duty police officers for documented safety
purposes, he will notify the contractor, in writing, and will notify
the Business Administrator and Chief Financial Officer. In no event
does this provision preclude the Chief of Police from using on-duty
police officers, at any time, to perform these functions.
