[Added 2-22-2016 by Ord. No. 2016-02]
As used in this article, the following terms shall have the
meanings indicated:
Regular, permanent police officers, of the Township of Riverside
that are being hired by a private employer to provide security, traffic
control and on-site emergency aid.
Any entity, public or private, other than the Township of
Riverside, that is hiring an employee, as defined herein, to provide
security, traffic control, and on-site emergency aid, for the private
employer's business, project, or function.
The Township of Riverside.
A.
Employees of the Township's Police Department, whether they be full-time
or part-time, are expressly authorized to engage in security, traffic
control, and on-site emergency aid, respectively as appropriate to
their training and positions, during their off-duty hours for private
employers, so long as arrangements therefor are made through the Township,
the duties will not interfere with or detract from their primary employment
with the Township, and any compensation paid to the employee for such
service is channeled through the Township.
B.
Employees performing such off-duty services are authorized to wear
an appropriate Township uniform, in the case of police, as directed
by the Chief of Police, and in all other cases as directed by the
Administrator or department head.
C.
The authorization provided for in this article shall apply only to
off-duty services provided for private employers consistent with the
employee's responsibility and training for his Township employment.
D.
In granting this authorization, the Township assumes no responsibility
or liability for the actions or nonactions of the off-duty employees,
except as may be imposed by law. Notwithstanding this disclaimer,
in the event that an employee, while performing services contemplated
under this article, is required to return to on-duty status (such
as a police officer witnessing an illegal act or becoming involved
in an arrest or other police function), then, and in that limited
event, the Township shall be responsible for the actions of its employees
while in off-duty employment. Nevertheless, this indemnification provides,
to the fullest extent permitted by law, that the duty of the private
employer to defend and hold harmless shall remain in full force and
effect such that, should a situation arise during the course of the
provision of services hereunder directly related to those services,
the private employer shall defend the Township and its employees,
hold them harmless, and indemnify them from any claims arising from
their actions.
E.
Pursuant to memoranda issued by the State of New Jersey Department
of the Treasury, Division of Pensions, dated August 1989 and February
1990, it is the express intention of this chapter that off-duty work
authorized by this chapter shall entitle police officers to coverage
under the Police and Fireman's Retirement System where they are injured
during off-duty or outside employment under the scope of this chapter.
Both the Township and the members of the Township's Police Department
are familiar with these memoranda and, because they will be ultimately
subject to departmental discipline and control, and because they are
ultimately paid by the Township, they are considered in accordance
with the February 1990 memorandum to be covered for injury or death
that may occur while performing those duties.
F.
Notwithstanding any other provisions of this article, the Chief of
Police shall retain, absolutely, the right to refuse any extra-duty
assignment if, in his sole discretion, such refusal is necessary for
the proper and efficient operation of the department and protection
of public safety.
A.
Any private employer desiring to retain the services of employees
of the Township for extra-duty activities shall be required to enter
into a contract with the Township. Except in cases of bona fide emergency,
no assignment to extra duty may be made unless, prior to the assignment,
the private employer or public entity has executed a contract for
the services and has made the required deposit pursuant to the uniform
agreement to provide services by off-duty personnel, which form of
agreement is on file with the Township Department of Finance. The
agreement shall include, but not be limited to, the nature of the
duties to be performed, the location where the duties are to be performed,
the date and hours of service, the rate of payment of services to
the employees, administrative fees to the Township, and fees for Township-owned
equipment. Such agreement shall further provide that the minimum pay
for any assignment shall be for four hours at the officer's applicable
rate regardless of the amount of time actually worked.
B.
The agreement with the private employer shall provide for the deposit
of monies in advance by the party for whom the services are to be
performed. Should the contract be for a period exceeding one month,
the Private employer shall be required to tender an estimated payment
for the first month's services upon executing the agreement, and will
be billed periodically, in advance, thereafter, Should the actual
amount due turn out to be less than the amount deposited, the Chief
Financial Officer of the Township shall, upon conclusion of the agreement,
receipt of the final certified time slips, and receipt of a written
request from the private employer, promptly return all unused funds.
Should the amount of the deposit be insufficient, the private employer
shall pay the deficiency immediately upon receipt of notice from the
Chief Financial Officer. No extra-duty assignment may commence without
advance payment of the sums set forth above except in cases where
the Township has negotiated an interlocal services agreement with
another unit of government that assures compensation of the assigned
officers in a manner consistent with the Attorney General's memoranda
referred to above.
C.
Any private employer who determines to cancel the services of the
off-duty officer after having scheduled same shall provide at least
eight hours' advance notice of such cancellation prior to the scheduled
start time. If lesser notice is given, the private employer shall
be obligated to pay for two hours of time for the officer.
D.
In the case of bona fide emergencies, where there is no opportunity
to execute an agreement in advance, the private employer shall be
billed for the services with payment required to be made within 30
days.
E.
Should any payment due under this chapter not be made when due, the
Township may institute suit for collection of the same together with
interest at the rate of 12% per annum, costs of collection, and attorneys
fees incurred in collecting the amount due. Moreover, no future agreement
may be entered into with any private employer unless and until all
past due fees, costs, and expenses are satisfied.
F.
Nothing in this section shall be construed as limiting the power
of the Township to accept or reject any and all assignments with any
private employer.
As a precondition to the use of employees by a private employer,
the private employer shall provide written assurance that the employees
are covered by private employer's workers compensation insurance and
personal liability insurance, which assurance shall include a copy
of the insurance policies as well as such other information as the
Chief Financial Officer deems appropriate.
All private employers shall be required to make all payments
for extra-duty assignments payable to the Township. All payments shall
be forwarded to the office of the Chief Financial Officer of the Township.
The Chief Financial Officer shall cause all funds for the payment
of extra-duty employees collected from Private employers to be deposited
into a special escrow account which is hereby established by this
chapter. The escrow fund shall be utilized for the payment to the
employees performing extra-duty services. Employees that perform extra-duty
assignments will be compensated at the appropriate rate as established
by the collective bargaining agreement between the Township and the
police union, plus an amount calculated by the Township Administrator
or Chief Financial Officers sufficient to cover the employer's expense
for social security, pension, unemployment, disability, and similar
direct expenses of the Township. This rate will be established by
resolution and will be amended by resolution, as necessary. This provision
shall not prevent a special rate from being negotiated with the agreement
of the employee with other public entities. Such special rates shall
be established not less than annually by the Township Administrator
in consultation with the employees and applicable unions. All employees
shall be required to submit pay slips to the Chief Financial Officer,
in a form approved by him. Upon receipt of a properly executed pay
slip verified by the private employer, the Finance Department shall
process the pay slips for disbursement during the employees regular
pay period.
In addition to payments for services, including necessary and
applicable taxes, and employer contributions, the private employer
shall pay to the Township an administrative fee of $5 per hour or
10% of the amount of the contract, whichever is greater, which shall
be utilized to offset costs associated with the Township's administration
of the private employment system.
Employees engaged in off-duty activities, as authorized by this
article, may be permitted to utilize a municipal vehicle or other
equipment subject to the approval and consent of the employee's department
head. The private employer shall be required, in addition to any other
payments, to pay for the use of such vehicle or equipment in advance
of use. The rate for vehicle use shall be $10 per hour, and shall
be amended by resolution, if needed on an annual basis. Rates for
other equipment shall be established at the time of contracting.
The respective department heads of the Township shall be responsible
for the overall conduct of the members of his or her department in
following the rules and regulations promulgated herein, and shall
insure that the terms, conditions, and provisions of this article
shall be fully and faithfully carried out. Additionally, the department
head shall have authority to control employees engaged in off-duty
or outside employment pursuant to this article, and shall further
have the authority to discipline any and all employees so engaged
in outside employment by private employers, should cause for such
charge arise or exist.
