Borough of East Rutherford, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 1-1-1982 as Sec. 2-14 of the 1982 Recodification. Amendments noted where applicable.]
GENERAL REFERENCES
Salaries and compensation — See Ch. 79.
Alarms — See Ch. 92.
[Added 3-16-1993 by Ord. No. 93-6]
The purpose of this amending ordinance[1] is to confirm and clarify that the Mayor and Council of the Borough of East Rutherford have traditionally in the past and do in the present retain the sole authority to appoint members of the Police Department of the Borough of East Rutherford to the Detective Bureau. This amendment is to further confirm that said appointments to the Detective Bureau by the governing body have never been and shall not be construed as an assignment. Since the Detectives serve at the will of the governing body, only the governing body of the Borough of Rutherford has the power to demote or remove a Detective from the Detective Bureau and to determine the compensation and prescription of the powers, functions and duties as the governing body shall deem necessary for the effective government of the Detective Bureau. Although the Mayor and Council have always retained the sole power to appoint and remove or demote from the Police Department, it views this amendment to the Police Department chapter as necessary in view of the recent controversy within the Police Department and the confusion with regard to the interpretation of the holdings in the cases of Falcone v. DeFuria, decided by the Appellate Division of the Superior Court of New Jersey, in 1985, and Miliano v. The City of Linden, decided Judge Beglin, Union County, on December 21, 1992.
[1]
Editor's Note: Refers to Ord. No. 93-6, which added this section and § 56-23.
[Amended 2-21-1991 by Ord. No. 91-2; 3-16-1993 by Ord. No. 93-6]
The Police Department of the Borough of East Rutherford shall be composed of a Chief of Police, a Deputy Chief of Police and as many Captains, Lieutenants, Sergeants and patrol officers as the Mayor and Council may from time to time hereafter appoint. Such police officers shall perform such duties and obey such rules and regulations as the Mayor and Council have adopted or may hereafter adopt. The Mayor and Council may from time to time, as it deems necessary, appoint members of the Police Department to the Detective Bureau.
All members of the Borough's police force shall be appointed in accordance with N.J.S.A. 11:21-1 et seq., more commonly known as the "Civil Service Law." Appointment to the police force shall be based on merit and fitness. Each person appointed to the Police Department shall be required to satisfactorily complete a three-month probationary period before his appointment shall become final.
A. 
All applicants for appointment on the Police Department must meet the requirements of N.J.S.A. 1:21-1 et seq. of the Civil Service Law and any regulations promulgated pursuant thereto.
B. 
In addition to all other requirements set forth by the Borough of East Rutherford pursuant to ordinance, the State of New Jersey and the Department of Personnel pursuant to statute, as a prerequisite, each candidate from the certified list of eligibles of the Department of Personnel shall have fully completed two years of college at an accredited college, community college or university of the United States resulting in a minimum of an associate degree and/or three years' service in the armed forces.
[Added 9-10-1997 by Ord. No. 97-13]
Any disciplinary action taken against any police officer of the Borough, whether it be a reprimand, fine, suspension or dismissal, shall be in accord with the procedure outlined by the Civil Service Law, N.J.S.A. 11:21-1 et seq., and with any civil service regulations.
Any member of the Police Department upon being ordered to do so by his superior shall deliver to such superior any badge, keys, baton, weapon, books, papers or other like things which he has in his possession by virtue of his office as a police officer.
Any police officer shall be subject to reprimand, deduction in pay, permanent suspension, reduction in grade, loss in pay, increase or dismissal, according to the nature and aggravation of the offense, upon his conviction thereof, for any of the following causes:
A. 
Intoxication or being under the influence of any drug.
B. 
Willful disobedience of orders.
C. 
Indecent, profane or harsh language.
D. 
Unnecessary violence to a prisoner.
E. 
Leaving post or police radio car without just cause.
F. 
Absence without leave.
G. 
Failure to respond to radio alarm signals while operating the police radio car.
H. 
Sleeping on duty.
I. 
Neglect of duty.
J. 
Not properly patrolling his beat.
K. 
Immorality, indecency or lewdness.
L. 
Incapacity, either mental or physical, incompetency, lack of energy or gross ignorance of the rules and regulations of the Police Department.
M. 
Visiting any gambling houses, saloons, poolrooms or house of ill-fame while in uniform, except in discharge of duty.
N. 
Violation of any criminal law.
O. 
For making known any proposed action or movement of the police force or contents of any order, other than to a member of the Police Department immediately concerned with its execution.
P. 
Conduct unbecoming an officer.
Q. 
Conduct subversive of good order and discipline of the Police Department.
R. 
Disrespect to a superior officer.
S. 
Publicly commenting on the official action of a superior officer.
T. 
Failure to report a known violation of law or of the ordinances of the Borough or accepting a bribe or other consideration either for the performance or nonperformance of his duty.
U. 
Visiting any houses of amusement while in uniform, except on police business.
V. 
Swearing falsely to any questions answered by him to the examining physician or Police Committee upon application for appointment to the Police Department.
W. 
Soliciting anyone to intercede with the Chief of Police, the Police Committee, members of the Borough Council or any superior officer relating to the disposition of pending charges or any findings before the Police Committee or for refusing to do duty or evading duty of any kind whenever necessity requires, whether on patrol or elsewhere and whether in uniform or not.
All members of the Police Department shall be instructed to be always on duty, and no member of the Police Department shall be absent from duty without the permission of the Chief of Police, nor shall the Chief of Police be absent from duty without the permission of the Mayor. No police officer in the employ of the Borough of East Rutherford shall be entitled to hold his position as such should he accept other employment while a member of the Police Department, if such other employment is not permitted under the terms of the Police Department's contract with the Borough.
It shall be the duty of said police officers, at all times of the day or night, to be within their beats, and they are accordingly hereby empowered to especially preserve the public peace, prevent crime, detect and arrest offenders, suppress riots, protect the rights of persons and property, guard the public health, preserve order at elections, remove nuisances existing in public streets, highways and places, repress and restrain disorderly houses, arrest all street beggars and mendicants, provide proper police attendance at every fire in order that the property exposed may be protected and enforce every law and ordinance relating to the suppression or punishment of crime; and they shall also perform such other duties as may be enjoined upon them by law or ordinance or by rules or regulations prescribed by the Mayor and Council as herein provided.
Each of the police officers appointed shall wear a shield, the emblem of his office, conspicuously on his left breast when on duty and shall wear such a uniform dress and be provided with a baton or such other weapons as may be directed by the Mayor and Council; and it is further provided that all the police officers now on the police force or appointed under this chapter shall be liable at any time to be called on to perform service, as circumstances require, in any part of the Borough of East Rutherford.
It shall be the duty of the police officers to make complaints to the Municipal Judge against every person guilty of any criminal offense or of any violation of the ordinances of the Borough of East Rutherford or of any law of the State of New Jersey which they or any of them may have knowledge of, to arrest in all criminal cases without a warrant in those cases where the police officer shall be a witness of the commission of the offense and in any case in which a crime or felony has been committed or in any case which the police officer has good reason to believe that a felony is about to be committed.
It shall be the duty of every member of the Police Department to acquaint himself at all times with the ordinances of the Borough of East Rutherford, to examine all cases where he has reason to believe or suspect that such ordinances are being violated and to report the same to the Chief of Police, whose duty it shall be to report such violation to the Police Committee. Failure on the part of any police officer to comply with the requirements of this section shall be just ground for dismissal of such officer from the Police Department. It shall be the duty of each police officer to keep a record of all occurrences of an unusual nature that may come under his observation on or off duty and to enter the same in his own handwriting upon the record book in the custody of the Chief of Police. Such entry is to be made in ink and signed by said police officer.
Every police officer so appointed shall, within 30 days after his appointment, take and subscribe an oath of affirmation faithfully and impartially to discharge the duties of his office. His oath or affirmation shall be filed with the Borough Clerk, and upon his failure so to do, said appointment shall be deemed void and of no effect.
[Amended 10-19-1990 by Ord. No. 90-23; 5-18-1993 by Ord. No. 93-11; 11-21-1995 by Ord. No. 95-14]
A. 
The Chief of Police shall be the head of the Police Department and shall be directly responsible to the Mayor for the efficiency and routine day-to-day operations, pursuant to the general policies established by the Mayor and Council.
B. 
The Deputy Chief of Police shall be the head of the Police Department in the absence of the Chief of Police.
[Amended 10-19-1990 by Ord. No. 90-23; 5-18-1993 by Ord. No. 93-11; 11-21-1995 by Ord. No. 95-14]
A. 
The Mayor and Council shall designate a Chief of Police who shall be the Chief Executive of the Police Department and who shall obey and cause the members of the Police Department under him to obey the rules and regulations of the Police Department as have been adopted by the Mayor and Council. He shall be directly responsible to the Mayor for the efficiency and routine day-to-day operations of the Police Department, pursuant to policies established by the Mayor and Council as follows:
(1) 
Administer and enforce rules and regulations and directives special emergency detectives for the disposition and discipline of the force and its officers and personnel.
(2) 
Have, exercise and discharge the functions, powers and duties of the force.
(3) 
Prescribe the duties and assignments of all subordinates and other personnel.
(4) 
Delegate such of his authority as he may deem necessary for the efficient operation of the force to be exercised under his direction and supervision.
(5) 
Report at least monthly to the Mayor and Council, and, if the Mayor has so appointed as his designee, the Chairman of the Police Committee in such form as shall be prescribed by the Mayor and Council regarding the operation of the Police Department during the preceding month and shall make such other reports as may be requested by the Mayor and Council.
(6) 
Obey and cause the members of the Police Department to obey the rules and regulations of the Police Department as have been adopted by the Mayor and Council.
(7) 
Enforce and be responsible for the enforcement of all ordinances of the Borough and the laws of the State of New Jersey and of the United States.
(8) 
Report promptly each and every case of dereliction of duty in any way coming to his knowledge, including all complaints made to him against any members of the Police Department to the Chairman of the Police Committee.
B. 
The Chief of Police shall be subordinate to the Mayor and, if so designated by the Mayor, the Chairman of the Police Committee. If a Police Committee is designated by the Mayor, the Chief of Police shall make monthly reports to the Chairman of the Police Committee of the number of complaints filed, disposition of the same by the Borough Judgeand the amount of fines collected and the disposition of the same.
There shall be kept in the office of the Chief of Police a book to be called a "police blotter" in which there shall be entered the name and address, if known and ascertained, of each and every person charged with an offense, the nature of the offense, the place of occurrence and the disposition of the matter by the court or judicial officer before whom he may be brought for trial or hearing. Such records shall also contain the time and date of the arrest and also the names and residences of the witnesses, together with a short statement of the circumstances surrounding the same.
[Amended 10-19-1990 by Ord. No. 90-23; 5-18-1993 by Ord. No. 93-11; 11-21-1995 by Ord. No. 95-14]
A. 
There shall be one Deputy Chief of Police. The position of Deputy Chief of Police shall be the position next in rank to that of the Chief of Police. The Deputy Chief Police shall, in the absence of the Chief of Police, temporary or otherwise, perform all of the duties of the Chief of Police without exception. The duties that shall be performed by the Deputy Chief of Police in the absence of the Chief of Police shall be those set forth in § 56-15 above.
B. 
The Deputy Chief of Police shall, in subordination to the Chief of Police, direct the movements and operations of the members of the Police Department in discharge of their respective duties; he shall faithfully and promptly obey and cause all under him to obey all the rules, regulations and orders from time to time prescribed by the Chief of Police. It shall be the duty of the Deputy Chief of Police to cause the public peace to be preserved and see that all the laws and ordinances relating thereto are properly enforced.
C. 
The Deputy Chief of Police shall be responsible for the performance by the Police Department of its various functions and duties, and all persons who are members of the Police Department, with the exception of Chief of Police, shall serve subject to the orders of the Chief of Police.
[Amended 12-20-1982 by Ord. No. 82-16; 2-21-1991 by Ord. No. 91-2]
There shall be as many Sergeants of Police as the Mayor and Council may from time to time hereafter appoint and deem necessary, who shall be assigned general police duties and such other duties as the Chief of Police may from time to time assign to them.
[Amended 2-21-1991 by Ord. No. 91-2]
There shall be as many Captains of Police as the Mayor and Council may from time to time hereafter appoint and deem necessary, who shall be assigned general police duties and such other duties as the Chief of Police may from time to time assign to them.
[Amended 12-20-1982 by Ord. No. 82-16]
There shall be as many Lieutenants of Police as the Mayor and Council may from time to time hereafter appoint and deem necessary, who shall be assigned general police duties and such other duties as the Chief of Police may from time to time assign to them.
Nothing herein contained shall be construed as to relieve the Chief and all other superior officers from doing police patrol duty when and as long as they or either of them may be required to perform such duty by the Mayor or Police Committee.
[Added 4-20-1993 by Ord. No. 93-10]
A. 
The purpose of this section is to create the position of communications operators, and the same is hereby created in the Borough of East Rutherford. The communications operators shall receive and relay messages to police patrol vehicles or to other concerned personnel. In addition, they may operate a teletype machine and computer terminal for transmitting and receiving all teletype messages; perform responsible and clerical work of a varied nature requiring knowledge of related functions in the Police Department; perform typing as required; may be required to search prisoners and perform a security check of the municipal lockup.
B. 
The annual salary for the position of communications operators shall be determined from time to time by the Mayor and Council and shall be paid in accordance with the terms and provisions of the annual Salary Ordinance.[1]
[1]
Editor's Note: See Ch. 79, Salaries and Compensation.
[Added 3-16-1993 by Ord. No. 93-6]
A. 
A Detective Bureau is hereby established, which shall consist of as many Detectives as the Mayor and Council may from time to time hereafter appoint and deem necessary. A Police Department member who has been appointed as Detective by the Mayor and Council shall continue to serve as a Detective in the Detective Bureau until his appointment is terminated by the Mayor and Council of the Borough of East Rutherford, and he shall receive such additional compensation as determined by the Mayor and Council.
B. 
While in civilian clothing, a Detective shall conduct criminal investigations and shall conduct preparation of cases for prosecution and perform such other duties as deemed necessary by the Chief of Police.
[Added 10-18-1994 by Ord. No. 94-13]
A. 
Appointments. Special law enforcement officers may be appointed in the Borough of East Rutherford in accordance with the provisions of this section and the provisions of N.J.S.A. 40A:14-146.8, Special Law Enforcement Officers Act, and all amendments thereto. Appointments of special law enforcement officers shall be made by the Mayor and Council of the Borough of East Rutherford. There may be appointed such number of said special law enforcement officers as may be required. The Mayor and Council may also appoint Class Three special law enforcement officers in accordance with N.J.S.A. 40A:14-146.8 et seq. Such special law enforcement officers shall meet the qualifications set forth in N.J.S.A. 40A:14-146.10 and be trained in accordance with the standards of the Police Training Commission. Such special law enforcement officers shall be under the instructions of the Chief of Police, be subject to such rules and regulations as applicable to the Police Department and shall be appointed for a term not exceeding one year, but may be appointed, reappointed or employed as the occasion demands. The Chief of Police may authorize special law enforcement officers when on duty to exercise the same powers and authority as regular members of the Police Department, subject to the certification and training requirements of N.J.S.A. 40A:14-146.11, including the carrying of firearms and the power of arrest. Such special law enforcement officers shall not be members of the Police Department. Their powers, rights and duties shall immediately cease and terminate at the expiration of the term for which they were appointed.
[Amended 4-17-2018 by Ord. No. 2018-02]
B. 
Classes of special law enforcement officers. There shall be three classifications of special officers. The classifications shall be based on the duties to be performed by the special law enforcement officer, as follows:
[Amended 4-17-2018 by Ord. No. 2018-02]
(1) 
Class one. Officers of this class shall be authorized to perform routine traffic detail, spectator control and similar duties. Class One officers shall have the power to issue summonses for disorderly persons and petty disorderly persons offenses, violations of Township ordinances and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited. No Class One officer shall be assigned any duties which may require the carrying or use of a firearm.
(2) 
Class two. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer. The use of a firearm by an officer of this class may be authorized only after the officer has been fully certified as successfully completing training as prescribed by the Police Training Commission
(3) 
Class three. Officers of this class shall be authorized to exercise full powers and duties similar to those of a permanent, regularly appointed full-time police officer while providing security at a public or nonpublic school or a county college on the school or college premises during hours when the public or nonpublic school or county college is normally in session or when it is occupied by public or nonpublic school or county college students or their teachers or professors. While on duty in the jurisdiction of employment, an officer may respond to offenses or emergencies off school or college grounds if they occur in the officer's presence while traveling to a school facility or county college, but an officer shall not otherwise be dispatched or dedicated to any assignment off school or college property. The use of a firearm by an officer of this class shall be authorized pursuant to the provisions of Subsection b of Section 7 of P.L.1985, 39 (N.J.S.A. 40A:14-146.14). An officer of this class shall not be authorized to carry a firearm while off duty unless the officer complies with the requirements set forth in Subsection l of N.J.S.A. 2C:39-6 authorizing a retired law enforcement officer to carry a handgun.
C. 
Term. Special law enforcement officers shall be appointed for terms not to exceed one year; provided, however, that the appointment may be revoked by the Mayor and Council for cause at the hearing unless the appointment is for four months or less, in which event the appointment may be revoked without cause or hearing, pursuant to N.J.S.A. 40A:14-146.14 et seq. Nothing herein shall be construed to require reappointment upon the expiration of a term. The special law enforcement officers so appointed shall not be members of the police force of the Borough of East Rutherford, and their powers and duties as determined pursuant to this section and New Jersey Statutes shall cease at the expiration of the term for which the special law enforcement officer was appointed.
D. 
Qualifications. No person shall be appointed as a special law enforcement officer unless the person:
(1) 
Is a resident of the Borough of East Rutherford at the time of appointment.
[Amended 2-18-2014 by Ord. No. 2014-01]
(2) 
Is able to read, write and speak the English language well and intelligently and has a high school diploma or its equivalent.
(3) 
Is of sound body and good health.
(4) 
Is of good moral character.
(5) 
Has not been convicted of any offense involving dishonestly or which would make him unfit to perform the duties of his office.
(6) 
Has successfully undergone psychological testing, which is required of all full-time police officers of the Borough.
(7) 
Shall have had fingerprints taken, which shall be filed with the Division of the State Police and Federal Bureau of Investigation.
(8) 
Is not serving as a regularly appointed full-time police officer of any municipality or a public official with responsibility for selecting law enforcement policy or exercising authority over the budget of the Borough or supervision of the Police Department of the Borough.
E. 
Applications. Every applicant for appointment as a special law enforcement officer shall submit a written application, verified under oath, setting forth his qualifications for the position and other data in the form and manner as hereafter may be prescribed by the governing body.
F. 
Approval by Chief of Police. Before any special law enforcement officer is appointed pursuant to this chapter and applicable New Jersey Statutes, the Chief of Police or, in the absence of the Chief, other chief law enforcement officer of the Borough of East Rutherford shall ascertain the eligibility and qualifications of the applicant and shall report these determinations in writing to the Mayor and Council of the Borough of East Rutherford.
G. 
Hours of employment. Special law enforcement officers may be employed to serve no more than the number of hours prescribed by the applicable provisions of the Special Law Enforcement Officers' Act, together with any additional hours permitted by law to provide public safety and law enforcement services to the Borough of East Rutherford and other public entities.
[Amended 2-18-2014 by Ord. No. 2014-01]
H. 
Uniforms. A reasonable charge shall be made to the special law enforcement officer for equipment and uniforms supplied. The special law enforcement officer shall be responsible for the care and maintenance of the uniform and all other equipment issued, if any, and shall return the same at the termination of the appointment term; and insignia indicating the officer's status as a special law enforcement officer and type of certification issued pursuant to Subsection B hereof shall be worn with the uniform.
[Added 5-16-2000 by Ord. No. 2000-4]
The Mayor and Council of the Borough of East Rutherford hereby adopt Volume One, Chapter One, entitled "East Rutherford Police Department Rules and Regulations," a copy to be provided to each police officer to be kept in his possession during his term of employment with the Borough of East Rutherford.
[Added 12-17-2002 by Ord. No. 2002-18]
A. 
Purpose. For the convenience of those persons and entities which utilize the services of off-duty law enforcement officers of the East Rutherford Police Department, and to authorize the outside employment of Borough police while off-duty, the Borough of East Rutherford hereby establishes a policy regarding the use of said officers in compliance with Attorney General Formal Opinion 1997-No. 23. The Borough of East Rutherford shall act solely as a conduit and facilitator of the purposes of persons and entities wishing to utilize the services of off-duty law enforcement officers of the East Rutherford Police Department.
[Amended 12-20-2005 by Ord. No. 2005-18]
(1) 
Members of the East Rutherford Police Department shall be permitted to accept police-related employment for private employers or school districts only during off-duty hours and at such time as will not interfere with the efficient performance of regularly scheduled or emergency duty of the Borough.
(2) 
Any person or entity wishing to employ off-duty police shall first obtain the approval of the Chief of Police or his or her designee, which approval shall be granted if, in the opinion of the Chief or his or her designee, 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.
B. 
Escrow account.
(1) 
To assure the timely payment of wages to police officers who perform off-duty services, and to meet the requirements of the Fair Labor Standards Act, the Borough of East Rutherford hereby establishes a trust fund to be known as the "Off-Duty Employment Escrow Account," which trust fund shall be dedicated for the receipt of fees collected from private persons or entities for the payment of wages to police officers for off-duty or outside employment services.
(2) 
Any person or entity requesting the services of an off-duty law enforcement officer in the East Rutherford 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, or his or her designee, and shall establish an escrow account with the Borough Treasurer of the Borough of East Rutherford by depositing an amount sufficient to cover the rates of compensation and administrative fees set forth in Subsection D for the total estimated hours of service.
(3) 
In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees set forth in Subsection D for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.
(4) 
Prior to posting any request for services of off-duty law enforcement officers, the Chief of Police or his or 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 or his or her designee 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 Borough Treasurer. All payments must be remitted directly to the Borough of East Rutherford. No officer shall provide any such services for more hours than are specified in the request for services.
(5) 
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. In the event of an unforeseen emergency situation that would require an officer to remain beyond the time for which funds have been posted, the Police Chief or his or her designee may waive the requirement for posting additional funds after the first 10 hours for any person or entity exhibiting a previous satisfactory payment history. However, payment for the additional hours shall be made by the person or entity requiring the extended service within 48 hours.
(6) 
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.
(7) 
Exemption. All public utility companies that are under the jurisdiction of, and regulated by, the New Jersey Board of Public Utilities are exempt from the provisions set forth in this section requiring advance payment to the escrow account; providing, however, that there are no amounts previously due that are outstanding for a period in excess of 30 days. Any such delinquent balances shall require advance payment of the amount outstanding prior to any officer engaging in any further off-duty assignments.
C. 
Requests for services.
(1) 
All requests to the Borough for the services of off-duty law enforcement officers in the East Rutherford Police Department for a period of one week or longer shall be forwarded to the Chief of Police or his or her designee for posting at least 10 days before such services are required, or as soon as reasonably possible. Any law enforcement officers when so employed by the Borough shall be compensated and treated as an employee of the Borough; provided, however, the wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
[Amended 12-20-2005 by Ord. No. 2005-18]
(2) 
All requests to the Borough for the services of off-duty law enforcement officers in the East Rutherford Police Department for a period of less than one week shall be forwarded to the Chief of Police or his or her designee for posting as soon as practicable, but in no event less than 24 hours before such services are required, except in emergency situations. Any law enforcement officers when so employed by the Borough shall be compensated and treated as an employee of the Borough; provided, however, the wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
[Amended 12-20-2005 by Ord. No. 2005-18]
(3) 
In emergency situations, requests to the Borough for the services of off-duty law enforcement officers in the East Rutherford Police Department shall be made as necessary to the Chief of Police or his or her designee, who shall make every effort to accommodate such request in a reasonable manner in his or her discretion. Any law enforcement officers, when so employed by the Borough, shall be compensated at their overtime rate and treated as an employee of the Borough; provided, however, that the wages earned for outside employment shall not be applied toward the pension benefits of law enforcement officers so employed.
D. 
Rates of compensation; administrative fee; payment for services.
[Amended 12-20-2005 by Ord. No. 2005-18; 8-19-2008 by Ord. No. 2008-07]
(1) 
Rates of compensation for contracting the services of off-duty law enforcement officers are established as follows:
(a) 
Rate of compensation shall be as set by the East Rutherford PBA Local 275 and the particular vendor wishing to utilize the services of the off-duty law enforcement officers.
(b) 
Daily fee for police vehicle and fuel: $45 for the first three hours, plus $15 per hour or part thereof after the first.
(c) 
Additional fee of $3 per hour is hereby established to cover administrative costs, overhead and out-of-pocket expenses of the Borough of East Rutherford.
E. 
Cancellation. In the event that the person or entity requesting the services of off-duty law enforcement officers fails to contact the East Rutherford Police Department at least 24 hours prior to the scheduled start time to cancel the job, or the officer works less than four hours and the job is completed, the Borough is entitled to be paid for a minimum of four hours at the rate of compensation set forth in Subsection D.
[Amended 8-18-2009 by Ord. No. 2009-10]
F. 
Public emergency. The Chief of Police or his or her designee shall have the authority to order any police officer engaged in off-duty assignments within the Borough to respond to an emergency situation within the Borough of East Rutherford. The Chief of Police or his or her designee shall also have the right to order any off-duty assignment to be terminated whenever said assignment creates an unacceptable risk to the health, safety and welfare of the off-duty officer and/or the citizens of the Borough of East Rutherford. In the event that a police officer is assigned to an emergency situation, the Police Chief or his or her designee shall make note of said off-duty assignment. In any situation where an off-duty police officer is called to an emergency situation, said person or entity shall not be responsible for the payment of the officer's hourly rate, administrative fee or any other fees to the Borough of East Rutherford until such time as said police officer and/or equipment returns to the assignment with the off-duty employer.