[HISTORY: Adopted by the Borough Council of the Borough of Stone Harbor as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-18-2020 by Ord. No. 1570]
Upon request, off-duty law enforcement officers employed by the Borough of Stone Harbor Police Department shall be permitted to serve as Police Traffic Directors or any other such reasonably related construction or highway detail as authorized by the Chief of Police. Any law enforcement officer, when so employed by the Borough, shall be treated as an employee of the Borough.
All requests to the Borough for the services of off-duty law enforcement officers in the Stone Harbor Police Department shall be forwarded to the Chief of Police. Any person or entity requesting the services of an off-duty law enforcement officer in the Stone Harbor 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 be established in an escrow account with the Chief Financial Officer of the Borough by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in this article for the total estimated hours of service.
A. 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police, or his/her 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 Chief Financial Officer. No officer shall provide any such services for more hours than are specified in the request for services.
B. 
Payment for all certified police officers working as Police Traffic Directors may be coordinated by the Chief of Police or his/her designee. The payment shall be the appropriate rate as designated by this section. An administrative fee shall be added to the subtotal for all expenses that are required. The aforementioned administrative fees shall be waived for nonprofit organizations, local government, local government authorities or other special districts of government, and any other just cause as determined by the Chief of Police and affirmed through resolution of the Stone Harbor Borough Council.
C. 
In the event that 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. The prepayment requirement shall not apply in cases of utility emergency, i.e., a gas main leak, a telephone pole damaged in a motor vehicle collision, etc. In those cases, the utility will be billed for all services rendered.
A. 
Rate. Rates of compensation for contracting the services of off-duty law enforcement officers shall be as set forth in the current FOP contract. However, those 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.
B. 
Administrative fee. The Borough of Stone Harbor shall assess an administrative fee of 30% of the officer's hourly rate for every officer assigned to the detail. This fee will be added to the rate charged and described above and will be retained by the Borough to cover associated manpower costs.
C. 
Minimum block of time. A minimum of four hours will be paid for each officer, including administrative fee, working each detail regardless of the actual amount of time worked.
D. 
Cancellation fee. Notice of cancellation of request for services must be provided more than 24 hours in advance. In the event the person or entity requesting the services of an off-duty officer cancels the request 24 hours or less than the scheduled start time, the minimum block of time of four hours, plus the applicable administrative fee, shall be paid for each officer scheduled to work.
A copy of this section shall be placed on file with the Borough Clerk.
Notice of the adoption of this section shall be published in a newspaper of general circulation in the Borough of Stone Harbor and a newspaper of general circulation in Cape May County.
All other ordinances in conflict or inconsistent with this section are hereby repealed to the extent of such conflict or inconsistency.
Should any section, paragraph, sentence, clause or phrase of this section be declared unconstitutional or invalid for any reason, the remaining portions of this section shall not be affected thereby and shall remain in full force and effect, and to this end, the provisions of this section are hereby declared to be severable.
This section shall become effective 20 days after final passage and publication, according to law.