Loading...
HomeMy WebLinkAboutDocumentation_Regular_Tab 10_12/11/2008;~ ~ ~` VILLAGE 4F TEQUESI Redistributed from ~' AGENDA ITEM TRAWSMITTA 11/13/08 Council Meeting 1. VILLAGE COUNCIL MEETING: Meeting Date: November 4, 20Q8 Type: Regular Ordinance #; 21-08 Conserrt Agenda: __ No Originating Department: 2. AGENDA ITEM TITLE: (Wording f©m~ the SUBJECT {ine of your staff report) .Amendment of the Code of Qrdinartces of the Viliage of Tequesta Chapter 42; Article li, Section 42-37 -Law Enfioncement; Off-Duty Services -Direct Compensation 3. BUDGET ! FINANCIAL. IMPACT: Accoun# #: N!A _____._. Arnourrt of this item: NIA Curren# Budgeted Amount Available: NIA ~~_.~ Amount Remaining after item: NIA Bud1~# Transfer Required: No Appropriate Fund. Balance: No T• ~...".~ ... G ,~~~~r+R 1 yr ~rwvR ia~uc~; (v nrs vs a snap snot aescnptvon of ttte agenda item) A request to amend the Cade of Ordinances of the Village of T~uesta; apecrtlically, Chapter 42; Antic#e i1, Section 42-37 to allov+r the Chief of Police to authorize direct compensation far aff-duty piallce work performed in accordance with the terms of current police deparbnent regulations and policy. 5. APPROVALS: !~ ~" - E?eprt, Head: ~i'u • ~~ Finance Direct rt~ r, ~<, r Attorney; (for legal sufficiency} -~-~,~4~,J:J(.%~ ~~,~, , ~-~ ~~ Yes '~ No ~„~"".~. Village Manager: • SUBMIT F+C?R COUNCIL DISCUSSIQN; ~ APPROVE .ITEM.: DENY ITEM; [~ TEQLIESTA POLICE DEPARTMENT w a~ 4~r ,c MEM(3RANDUM T Ta: Michael R. Couzzo, Jr. Village Manager From: Chief William McCollo Date:: November 4, 20x8 Subject: 4RDINAI~GE #21-48 l would like to request that the Village of Tegvesta Code of Qrdinance, Chap#er 42 Article II, Section 42-37 - t.aw Enforcement, Off Duty Police Services; Direct Compensation be amended to allow the CNef of Police to authorize direct compensation to the officer when slhe performs off-duty work in accordance with the terms of the police department regulations and policy. On occasion our agency is asked to provide assis#ance at a large event such as the annual Artigas in Jupiter and the ArtFest in Juno Beach. Qur 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 amendmen# to the Ordinance references the Police Department General Order, therefore, l have attached the current Qeneral Order as backup to this .request. l appreciate your consideration in placing my request on the Agenda of the November 13, 2Qp8 meeting. l :have attached the :required documentation to be forwarded to the Clerk. /-H 7Pp; G.O.37B; 6cfm Day and OR Day Exnplaytnerd r 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 anoff--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 Ptehibited allowed under certain c:*'~n.nc an~pc Direct comnensation to -duty olice services officers is allowed provided uch ervices are provided in acc rdance 1 with current police department regulations and nnlicv~ and with nrinr annrnval of the ('h;of ..f 1 O 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 13tt' day of November, 2008. SECOND AND FINAL READING this 11th day of December, 2008. Upon First Reading this 13th 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 lth day of December, 2008, the foregoing Ordinance was offered by by follows: Mayor Pat Watkins who moved its adoption. The motion was seconded and upon being put to a vote, the vote was as For Adoption Against Adoption 2 Vice-Mayor Calvin Turnquest Council Member Vince Arena Council Member Jim Humpage Council Member Tom Paterno The Mayor thereupon declazed the Ordinance duly passed and adopted this 11~' day of December, 2008. MAYOR OF TEQUE5TA ATTEST: Lori McWilliams, CMC, Village Clerk Y~.\docs\Tequesta\Otdinancea\2008\Ocd21-OS-Ch 42-4aw 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 RESPONSIBII.ITIES 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 fhe 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• L 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. S.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. II. 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.oi] 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 offduty 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 offduty 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 fiuther 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 progrmn. 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 maybe 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. 2 G.O.5.7B 1.Officers will provide for a minimum of eight hours of rest within each 24hour 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. [CFA 9.02 E] IV. EMPLOYER RESPONSIBQ.ITIES: 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 lazge public events, extra duty employers aze 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 perfonmed 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 are 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. Regulaz 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. VII.EXTRA DUTY EMPLOYMENT -OUTSIDE OF THE JiIRISDICTION 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 are 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. 1. 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 funned 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: ~f ~ William McCollom, Chief Date: November 14, 2008 Tequesta, Florida disclosed pursuant to this section, except that the location of Communications Facilities or Utilities previously placed in the Public Right-of--Way shall not be deemed proprietary confidential information. (m) Relocation of Facilities and Reservation of the Village's Rights: (1) The Village reserves the right to lay, and permit to be laid, sewer, gas, water, electric, storm drainage, telecommunications, and other pipelines or cables or conduit, and to do and to permit to be done any underground installation or improvement that may be deemed necessary or proper by the Village in, across, along, over or under any Public Right-of--Way occupied by the Registrant, and to change any curb or sidewalk or the grade of any street. The Village, its contractors and subcontractors shall be required to call Sunshine State One Call of Florida, Inc. (1-800-432-4770), or successor alert and warning system, prior to excavation, in accordance with Chapter 556, Florida Statutes, as it may be amended, in order to avoid damages to Registrant's Communications Facilities or Utilities. (2) The Village expressly reserves the right to change, or cause to be changed through exercise of its police powers, the grading, installation, relocation, or width of the Village streets, sidewalks, bikeways, alleys, public thoroughfares, highways and public ways and places within the present limits of the Village and within said limits as same may from time to time be altered, and the Registrant shall relocate, at its own expense where allowed by Section 337.403, Florida Statutes, as it maybe amended, its poles wires, cables, anchors, manholes, conduits, appurtenances, or other Communications Facilities, or Utilities in order to accommodate the installation, relocation, widening or changing of the grade of any public streets, sidewalks, bikeways, alleys, public thoroughfares, highways and public ways and places, including if necessary relocating such poles, wires, cables, anchors, manholes, conduits or other facilities or appurtenances to a sufficient distance from the edge of the pavement to permit a reasonable work -11-