HomeMy WebLinkAboutDocumentation_Regular_Tab 21_11/13/2008
1. VILLAGE COUNCIL MEETING:
VILLAGE OF TEQUESTA
AGENDA ITEM TRANSMITTAL FORM
Meeting Date:
November 4, 2008 Meeting Type: Regular Ordinance #: 21-08
Consent Agenda: No Resolution #: N/A
Originating Department: Police
2. AGENDA ITEM TITLE: (Wording form the SUBJECT line of your staff report)
Amendment of the Code of Ordinances of the Village of Tequesta Chapter 42; Article II, Section 42-37 -Law
Enforcement; Off-Duty Services -Direct Compensation
3. BUDGET /FINANCIAL IMPACT:
Account #: N/A Amount of this item: N/A
Current Budgeted Amount Available:
N/A Amount Remaining after item:
N/A
Budget Transfer Required: No Appropriate Fund Balance: No
4. EXECUTIVE SUMMARY OF MAJOR ISSUES: (This is a snap shot description of the agenda item)
A request to amend the Code of Ordinances of the Village of Tequesta; specifically, Chapter 42; Article
II, Section 42-37 to allow the Chief of Police to authorize direct compensation for off-duty police work
performed in accordance with the terms of current police department regulations and policy.
5. APPROVALS:
Dept. Head: 0~ Finance Directory .~ ~'/~
Attorney: (for legal sufficiency) ~ ~- ~ ~ Yes ~. No ^
Village Manager:
• SUBMIT FOR COUNCIL DISCUSSION: [~
• APPROVE ITEM: L'J
• DENY ITEM: ^
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DEPT.
TEQUESTA POLICE DEPARTMENT
MEMORANDUM
To: Michael R. Couzzo, Jr.
Village Manager
From: Chief William McCollorY~~V''"_
Date: November 4, 2008
Subject: ORDINANCE #21-08
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I would like to request that the Village of Tequesta Code of Ordinance; Chapter 42
Article II, Section 42-37 -Law Enforcement, Off Duty Police Services; Direct
Compensation be amended to allow the Chief of Police to authorize direct
compensation to the officer when s/he performs off-duty work in accordance with
the terms of the police department regulations and policy.
On occasion our agency is asked to provide assistance at a large event such as
the annual Artigas in Jupiter and the ArtFest in Juno Beach. Our assistance is
requested by the law enforcement agency having jurisdiction over the event's
location because they lack the personnel to staff the event. However, the vendors
supporting the event have asked to pay the officers directly as opposed to paying
through the Village of Tequesta. Based on the current language in the ordinance,
which restricts direct compensation, we are unable to honor their requests.
I would ask for the Council's consideration in amending the language so we could
support our surrounding law enforcement community in the spirit of the Mutual Aid
Agreement of which we are a member.
The amendment to the Ordinance references the Police Department General
Order; therefore, I have attached the current General Order as backup to this
request.
I appreciate your consideration in placing my request on the Agenda of the
November 13, 2008 meeting. I have attached the required documentation to be
forwarded to the Clerk.
Attachment TPD; G.O.5.76; Extra Duty and Off Duty Empbyment
ORDINANCE N0.21-08
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING CHAPTER 42. LAW
ENFORCEMENT. AT ARTICLE II. OFF-DUTY POLICE SERVICES. BY
AMENDING SECTION 42-37. TO ALLOW DIRECT COMPENSATION
OF OFF-DUTY POLICE OFFICERS WHO PERFORM SERVICES IN
ACCORDANCE WITH THE TERMS OF CURRENT POLICE
DEPARTMENT REGULATIONS AND POLICY; AND UPON THE PRIOR
APPROVAL OF THE CHIEF OF POLICE; PROVIDING THAT EACH
AND EVERY OTHER SECTION AND SUB-SECTION OF CHAPTER 42.
LAW ENFORCEMENT. SHALL REMAIN IN FULL FORCE AND
EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS
CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, the Village code currently prohibits direct compensation of off-duty police
officers; and
WHEREAS, in certain circumstances wherein an off-duty detail is performed in
accordance with the terms of current police department regulations and policy, direct
compensation to the off-duty officers, with the prior approval of the Chief of Police would be
beneficial; and
WHEREAS, the Village Council desires to adopt such revisions to the Village's Law
Enforcement code; and
WHEREAS, the Village Council believes the code amendments contained in this
ordinance will be in the best interests of the Citizens of the Village of Tequesta.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1: Chapter 42. Law Enforcement. of the Code of Ordinances of the Village of
Tequesta is hereby amended at Article II. Off-Duty Police Services. by amending Section 42-37.
Direct compensation prohibited. To allow the Chief of Police to authorize direct compensation
for off-duty work performed in accordance with the terms of current police department
regulations and policy; providing that Section 42-37. shall hereafter read as follows:
Sec. 42-37. Direct compensation meted allowed under certain circumstances.
p°""°" ° "°Y+ +''° "'"use ~%" "°"f ""''"'~ " °~~''"~" "~'~~~ " Direct compensation to
off-duty police services officers is allowed provided such services are provided in accordance
1
with current police department reeulations and policy and with prior approval of the Chief of
olice.
Section 2: Each and every other section and subsection of Chapter 42. Law
Enforcement. shall remain in full force and effect as previously enacted.
Section 3: All Ordinances or parts of Ordinances in conflict herewith be and the same
are hereby repealed.
Section 4: Should any Section or provision of this Ordinance or any portion thereof,
any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder of this Ordinance.
Section 5: Specific authority is hereby granted to codify this Ordinance.
Section 6: This Ordinance shall become effective immediately upon passage.
FIRST READING this 13t" day of November, 2008.
SECOND AND FINAL READING this l lt" day of December, 2008.
Upon First Reading this 13t" day of November, 2008, the foregoing Ordinance was offered by
by
follows:
Mayor Pat Watkins
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
who moved its adoption. The motion was seconded
and upon being put to a vote, the vote was as
For Adoption Against Adoption
Upon Second Reading this l lt" day of December, 2008, the foregoing Ordinance was offered by
,who moved its adoption. The motion was seconded
by ,and upon being put to a vote, the vote was as
follows:
For Adoption Against Adoption
Mayor Pat Watkins
2
Vice-Mayor Calvin Turnquest
Council Member Vince Arena
Council Member Jim Humpage
Council Member Tom Paterno
The Mayor thereupon declared the Ordinance duly passed and adopted this 11 t" day of
December, 2008.
MAYOR OF TEQUESTA
ATTEST:
Lori McWilliams, CMC, Village Clerk
Y:\docs\Tequesta\Ordinances\2008\Ord21-08-Ch 42-law enfoorcement.doc
3
TEQUESTA POLICE DEPARTMENT
GENERAL ORDER
TITLE: EXTRA DUTY AND OFF DUTY EMPLOYMENT
GENERAL ORDER: 5.7C
EFFECTIVE: November 14, 2008
RESCINDS: G.0.5.7B
PAGES: 5
CONTENTS: This order consists of the following numbered sections:
I. PROHIBITED EMPLOYMENT
II. OFF DUTY EMPLOYMENT
III. EXTRA DUTY EMPLOYMENT
IV. EMPLOYER RESPONSIBILITIES
V. STATUS OF OFFICERS
VI. AGENCY RESPONSIBILITY
VII. EXTRA DUTY EMPLOYMENT, OUTSIDE OF JURISDICTION
VIII. GLOSSARY
PURPOSE: To establish guidelines to authorize, monitor, and control off duty and extra duty work by Tequesta
Police Department members during off duty hours.
SCOPE: This order applies to all certified law enforcement members.
DISCUSSION: Self-employment or work performed by members for an employer other than the Tequesta Police
Department is a privilege, not a right. Members are paid for full time service to the agency, and the Chief retains the
right to approve work after normal duty hours by sworn, certified, or civilian members, as a condition of employment.
This includes limiting the number of hours that can be worked on off duty time.
POLICY: It is the policy of the Tequesta Police Department to monitor and regulate the nature and duration of extra
duty and off duty employment as restricted by statute, and as it affects the operation of the agency.
PROCEDURE:
I. PROHIBITED EMPLOYMENT: Members may not work off duty in the following areas: [cFA 9.01]
A. Bail bondsman, runner, or employment under bail bondsman, or with any bail bond business.
B. Store detective, night watchman, or security guard.
G.O.5.7B
C. Investigative work for attorneys, insurance firms, collection agencies, or security services.
D. Employment that adversely affects the performance of official duties or creates a conflict of interest in
violation of FS 112.313.
E. Direct or indirect employment in connection with the operation of any business licensed under the Beverage
Law.
IL OFF DUTY EMPLOYMENT: Work of a non-law enforcement nature performed during off duty hours by
sworn, certified, or a civilian member requires prior approval by the Chief. [CFA 9.01]
A. Members must submit a written request to the Chief, via the chain of command, with a brief description of the
work, the name and address of the employer, the hours to be worked and the duration of the job. The request will
include a statement that the off duty work will not affect the performance of agency duties; that the writer has read
and understands the provisions of this general order regarding off duty injuries and disability coverage; and, has
read the provisions of FS 112.313 regarding conflicts of interest.
B. After approval or disapproval by the Chief, the original request will be filed in the member's personnel jacket
in the Village Manager's office, and a copy sent to the member.
C. Members will not use agency vehicles, uniforms, equipment, or resources while engaged in non-law
enforcement related off duty work.
III. EXTRA DUTY EMPLOYMENT: The Police Department receives many requests from public, private, and
commercial operations to assign officers to law enforcement related part time work: traffic, and crowd control, or
duty requiring a uniformed law enforcement presence. These requests are filled by the Extra Duty Employment
Coordinator. [CFA 9.02]
A. Officers working extra duty assignments are subject to inspection by supervisors of the agency to ensure
compliance with rules and procedures. Written directives of the agency will be applicable to officers engaged in
law enforcement related extra duty assignments. Violations of written directives will be cause for prohibition of
further extra duty work and/or disciplinary action.
B. Officers working extra duty assignments will maintain the same standards of personal appearance, conduct,
and performance, as if they were on regular duty. The complete uniform of the day will be worn on extra duty
assignments including a reflective vest if vehicle traffic control is involved. [cFA 9.02 A]
C. Extra duty employment is available to law enforcement members and authorized reserve officers, through the
rank of sergeant, who have completed the field-training program.
D. An officer who wishes to be assigned extra duty work must submit a written request or sign extra duty notices
as they are posted by the Extra Duty Employment Coordinator. [CFA 9.o2A]
E. If an officer refuses the assignment for any reason other than being on duty at the time scheduled, the
assignment will be offered to another officer.
1. Failure to return a call from the Extra Duty Employment Coordinator within 24 hours will be considered a
refusal of the assignment.
2. An officer may be removed from the extra duty roster for violation of this procedure or for other disciplinary
reason. [CFA 9.02 c]
F. Officers will not jeopardize their physical or mental health with extra duty work.
G.O.5.7B
1.Officers will provide for a minimum of eight hours of rest within each 24-hour period.
2.0fficers will limit their combined on duty and extra duty work time to not more than 16 consecutive hours
within a 24-hour period, unless an exception is specifically authorized by the Chief.
G. An officer who accepts an assignment must make every effort to give 24 hours notice to the Extra Duty
Employment Coordinator if unable to fulfill the assignment. Failure to give notice or to report for duty may result
in removal from the rotation roster.
1. During working hours, replacements will be arranged by the Extra Duty Employment Coordinator. After hours
and on weekends, replacements will be arranged by the shift supervisor.
2.0fficers will not trade assignments or get substitutes for extra duty work without prior approval of the Extra
Duty Employment Coordinator.
H. Officers on suspension or leave, other than vacation leave, will not work an extra duty assignment.
I. Officers will not solicit extra duty employment or enter into agreements for such work with outside employers,
except as provided herein.
J. Agency uniforms, equipment, resources and vehicles may be used in law enforcement related extra duty
assignments.
K. If an incident or a call for service originates at the extra duty site, the officer will be responsible for all law
enforcement functions. The officer will document all significant incidents that occur while performing extra duty
assignments. [CF~t 9.02 E]
IV. EMPLOYER RESPONSIBILITIES:
A. Public, private and commercial operations requiring uniformed officers for extra duty assignments must submit
written requests to the Extra Duty Employment Coordinator. The request must contain the following information:
1. Date, time, duration, type of event, and expected attendance.
2. Number of officers needed.
3. Nature of duties to be performed by the officers.
4. Whether the assignment is a one-time job, or will be on a continuing basis.
B. At large public events, extra duty employers are required to hire enough officers to ensure safe and efficient
law enforcement coverage. The need for three or more officers requires the assignment of an off duty officer of
supervisory rank.
1.One sergeant will be required for each assignment requiring three or more officers.
C. Employers will be responsible for payment of services rendered, at a rate to be established effective October 1
of each year by the Village Manager.
1.0fficers will receive a minimum of three hours pay for any work detail.
2. Payment for extra duty work is taxable earned income.
V. STATUS OF OFFICERS:
G.O.5.7B
A. Officers will be considered on duty and eligible for on duty injury benefits regardless of scheduled hours when
enforcing the criminal and traffic laws, such as off duty arrests and emergency action.
VI. AGENCY RESPONSIBILITY: It is the responsibility of the Police Department to ensure that extra duty work
by officers is in the best interest of the community and is performed in accordance with agency policy.
A. Police Department assistance to individuals or organizations wishing to employ officers for extra duty work is
limited to unofficial notifications concerning privately arranged work agreements.
1. The agency assumes no responsibility beyond notifying eligible officers of legitimate opportunities for extra
duty work, and informing prospective employers of the names of officers who aze assigned to work particulaz
extra duty assignments.
2. The agency reserves the right to inspect and supervise uniformed officers engaged in extra duty assignments to
ensure conformity with laws and with Police Department policy and Florida law. [cFA 9.02 Cl
B. The agency reserves the right to cancel extra duty work assignments without notice or liability, and to recall
officers for official duty when necessary for community safety. Regular work schedules and manpower
requirements will not be compromised or adjusted to meet extra duty employment requests.
C. All record keeping and notifications will be the responsibility of the Extra Duty Employment Coordinator.
VILEXTRA DUTY EMPLOYMENT -OUTSIDE OF THE JURISDICTION OF THE VILLAGE OF
TEQUESTA:
A. Extra Duty Employment is permitted with the following restrictions:
1. The detail must be approved by the Chief of Police.
2. All regulations related to Extra Duty Employment aze maintained.
3. Department vehicles will not be used.
4.Officers will receive payment directly from the outside organization or venders at the rate specified by
ordinance and are responsible for all applicable taxes.
5. The officer is acting as an independent contractor and not covered by the Village of Tequesta for workers
compensation or liability.
6. It is the officer's responsibility to confirm insurance through the organization or vender.
B. Authority outside of jurisdiction.
I. While working Extra Duty Employment outside of jurisdiction, the officer does not have arrest authority and
can only work with regards to traffic control duties with the exception of a mutual aid request or the State
Forcible Felony Rule.
2. All incidents requiring law enforcement authority will be turned over to the appropriate authority and
documented.
VIII. GLOSSARY:
EXTRA DUTY EMPLOYMENT COORDINATOR - An agency member designated by the Chief to coordinate,
G.O.5.7B
schedule, and assign outside employer requests for officers to perform law enforcement related extra duty work.
EXTRA DUTY WORK -Law enforcement related work that serves the public interest, performed by an officer
during off duty hours, such as traffic and crowd control, or uniformed assignments for a public or private employer
other than the Tequesta Police Department, as approved and authorized by the Chief or his designee.
OFF DUTY WORK -Non-law enforcement related work, which is in no way dependent upon the uniform or the
authority of the Tequesta Police Department, which may be performed by a sworn, certified, or a civilian member of
the agency during off duty time for a private employer.
INDEXING:
EMPLOYMENT OFF DUTY
EXTRA DUTY WORK
OFF DUTY EMPLOYMENT
PROHIBITED EMPLOYMENT
DRAFTED: DJR/November 2008/Filed: Exduty5.7
APPROVED:
William McCollom, Chief Date: November 14, 2008
Tequesta, Florida