HomeMy WebLinkAboutOrdinance_433_01/19/1992s:
ORDINANCE NO. 433
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AN ORDINANCE OF THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
ESTABLISHING POLICIES AND PROCEDURES FOR THE
ADMINISTRATION OF OFF-DUTY POLICE SERVICES;
PROVIDING FOR RULES AND REGULATIONS APPLICABLE
TO OFF-DUTY POLICE SERVICES; ESTABLISHING
CHARGES FOR SERVICES TO BE PROVIDED; PROVIDING
FOR DEPOSIT OF SERVICE CHARGES COLLECTED;
PROVIDING FOR COMPENSATION OF POLICE OFFICERS;
PROVIDING FOR PROHIBITION OF CERTAIN
COMPENSATION; PROVIDING FOR THE STATUS OF POLICE
OFFICERS PERFORMING OFF-DUTY POLICE SERVICES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, as follows:
Section 1. That the Code of Ordinances of the Village of
Tequesta is hereby amended by creating Section 14-2 which
section shall read as follows:
"Section 14.2. The following policies and procedures
are hereby established for the administration of Off-
Duty Police Services provided by certified law
enforcement officers of the Tequesta Police Department.
a) Rules and Re ulations• The Chief of Police shall
make and prescribe the rules and regulations which
are appropriate and necessary for the administration
and enforcement of off-duty police services as well
as circumstances and events wherein such off-duty
police services should be provided. He shall also
draft the application form for off-duty police
services subject to approval of the Village Manager.
b) Application for
person. who engages
the Village which
police services,
services generally
apply for off-d~
application for
application form at
Off-Duty Police Services• Any
in an activity or function within
may reasonably require special
in addition to those police
provided to the public, shall
.qty police services by making
the service on the approved
the Tequesta Police Department.
c) Charges for Off-Duty Police Services• The rates to
be charged for off-duty police services shall be
established by the Village Manager and shall be
computed to include, in addition to the hourly rate
to be paid police officers, for: Employer FICA
taxes; Worker's Compensation Insurance; Professional
Liability Insurance and a ten percent (lOg)
administrative fee. The hourly rate for vehicle use
shall also be computed and charged when used for off-
duty police services. Automobile liability
insurance shall be included in the vehicle use
computation. Revised charges for off-duty police
services shall be computed by the Chief of Police
approximately October 1 of each fiscal year; and
upon approval by the Village Manager, the revised
rates shall be charged by the Police Department.
The service charges for off-duty police services
shall be pre-paid at the time of applying for the
services requested.
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d) Disposition of Off-Duty Police Service Collections•
All proceeds collected for off-duty police services
shall be transmitted to the Department of Finance
and deposited to the appropriate revenue account
established within the Village General Fund in
accordance with current Village policies established
for the deposit of public funds.
e) Compensation of Police Officers Performin Off-Duty
Police Services. Police officers voluntarily
performing off-duty police services shall be
compensated at the hourly rate established, as an
addition to the regular bi-weekly employee payroll.
Such compensation shall be subject to all applicable
withholding taxes. Compensation hereunder shall not
be considered as income reportable to the Florida
Retirement System. Police officer off-duty services
shall not be considered as normal work hours or as
an addition thereto when computing hours of work and
overtime. Police officer off-duty services shall
not be applicable to Village overtime computation
policies, rules or procedures or any overtime
provisions of applicable collective bargaining
agreements.
f) Certain Com ensation Prohibited No law enforcement
officer shall accept or receive any compensation
whatsoever from any person except the Village of
Tequesta for performing any off-duty police
services.
g) Official Status of Police Officers Performin Off-
Duty Police Services. Certified law enforcement
officers of the Tequesta Police Department shall be
deemed to be acting within the scope and course of
their official duties while fulfilling off-duty
police services."
Section 2. Severability. If any provision of this
Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or
applications of this Ordinance which can be given effect
without the invalid provisions or applications, and to this
end, the provisions of this Ordinance are hereby declared
severable.
Sectio
Ordinances
thereof
Ordinance
Section
n 3. Repeal of Ordinances in Conflict. All other
of the Village of Tequesta, Florida, or parts
which conflict with this or any part of this
are hereby repealed.
4.
Codification.
made apart of the
of Tequesta.
This Ordinance shall be
Official Code of Ordinances
codified and
of the Village
Section 5. Effective Date. This Ordinance shall take
effect immediately upon its passage and approval, as provided
by law.
THE FOREGOING ORDINANCE WAS OFFERED by
Councilmember r~iiin.~.s who moved its
adoption. The motion was seconded by
Councilmember _~„r kart and upon being
put to a vote, the vote was as follows:
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FOR ADOPTION
Earl L. Collins
Ron T. Mackail
Edward C. Howell
William E. Burckart
AGAINST ADOPTION
'~, The Mayor thereupon declared the Ordinance duly passed and
adopted this 16t1: day of January, A.D., 1992.
MAYOR OF TEQUESTA
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ATTEST:
i
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ann Mangani to
Village Clerk
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v ~ crz - 1'~ r...1 ~s.-~~
r-oR. ; Joseph N. Capretta ~