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Home My WebLink AboutDocumentation_Regular_Tab 9A_1/16/1992 TI ::: VILLAGE OF TEQUESTA 4. �.. ( i,i Post Office Box 3273 • 357 Tequesta Drive • 1--- �' .c Tequesta, Florida 33469-0273 • (407) 575-6200 `Ij�','�, r • j FAX: (407) 575-6203 TIT M EMO RAND UM TO: Village Council FROM: Thomas G. Bradford, Village Manager ---77-7 DATE: January 10, 1992 ' SUBJECT: Ordinance No. 433, Second Reading; Agenda Item The attached ordinance creates the Tequesta Police Department Off- Duty Detail Policy as presented to and approved by the Village Council on first reading at the December 19, 1991, Village Council Meeting. Pursuant to the input of the Village Council, we have modified the ordinance so that the inclusion of automobile liability insurance is a required part of the automobile cost calculation. Additionally, we have clearly stated that Tequesta off-duty police activities are voluntary on the part of our men, and as such, shall not be applicable to any overtime policies or overtime provisions of the Collective Bargaining Agreement. It is recommended that the Village Council adopt Ordinance No. 433 on second reading. TGB/krb Attachment JONES, FOSTER, JOHNSTON & STUBBS, P. A. ATTORNEYS AND COUNSELORS FLAOLER CENTER TOWER t() 1 . 505 SOUTH FLAOLER DRIVE ELEVENTH FLOOR ///��yyy P.O.DRAWER E HENRY P.LILIENTHAL LvtNCENTARRY B.J ALTINDER JON MICHAEL T. MOCK WEST PALM BEACH,FLORIDA 33402- 75, 1903-t3E3 GEORGE J.ALTINO JOHN Y. MCMU7f �� V .'P '-V ALLISON JOHNSTON STEPHEN J AUCAM► JOHN BLAIR MoCRACKEN ♦ Vc GEORGE H BAILEY BCOTT L..UcNIEEN (407)859-3000 �, C KEVIN C BEUTTENMULLER PAMELA A.MONIERNEY t�obt.. MICHAEL D BROWN TIMOTHY E.MONAGHAN FAX:(407)8312.1454 O RUTH P CLEMENTS GUY RASIDEAU R.BRUCE JONES SCOTT M.COLTON JOHN C.RANDOLPH J, 8, t001•t�31 JOYCE A CONWAY PAULA REVENE MARGARET L.COOPER ANDREW RO88 PAUL C.WOLFE BYRON R.CORNWELL STEVEN J.ROTHMAN . •(., �f' e s1 �� 1978•18E1 CHR STTOAPHER S DUKE D.CULVER PETER A.B MIRTH III WRITER'S DIRECT UNE:_ ~ (iiii/.C'Y' wtw Avid D ER L MARTIN FLANAGAN JOEL T.'PRAWN �r� LORI E.HANDELSMAN SIDNEY A.STUBBS,JR. _` 00t SCOTT O.HAWKINS ALLEN R.TOMUNSON 0 OTHER LOCATION THORNTON M.HENRY JOHN 8.TRIMPER . • PETER S.HOLTON MICHAEL P.WALSH / J S 1110 5.1 N.E.FOURTH AVE. J.A.JURGENB H.ADAMS WEAVER N DELRAY BEACH,FLORIDA MCI MARK 8.-KLEINFELD . January 7, 1992 • Mr. Thomas G. Bradford Village Manager Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RE: Village of Tequesta/Off Duty Police Services Ordinance No. 433 Dear Tom: I have reviewed the revisions to Ordinance No. 433 as specified in your letter of January 3, 1992, and have no further revisions to suggest. . Sincerel , , 4hn C- C. Randolph JCR/ssm • - r:r. ORDINANCE NO. 433 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE V]LLAGE 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- i Duty Police Services provided by certified law enforcement officers of the Tequesta Police Department. a) Rules and Regulations: 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 Off-Duty Police Services: Any person who engages in an activity or function within the Village which may reasonably require special police services, in addition to those police services generally provided to the public, shall apply for off-duty police services by making application for the service on the approved application form at 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 (10%) 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. 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 Performing 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 Compensation 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 Performing 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. Section 3. Repeal of Ordinances in Conflict. All other Ordinances of the Village of Tequesta, Florida, or parts thereof which conflict with this or any part of this Ordinance are hereby repealed. Section 4. Codification. This Ordinance shall be codified and made a part of the Official Code of Ordinances of the Village of Tequesta. 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 , who moved its adoption. The motion was seconded by Councilmember , and upon being put to a vote, the vote was as follows: a • FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of January, A.D. , 1992. MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: Joann Manganiello _ Village Clerk • VILLAGE OF TEQUESTA. Post Office Box 3273 • 357 Tequesta Drive , Tequesta,Florida 33469-0273 • (407)575-6200 ;' � 1' � t Fax: (407)575-6203 diL N CO H MEMORANDUM : TO: Village Council FROM: Thomas G. Bradford, Village Manager DATE: December 11, 1991 SUBJECT: Tequesta Police Department Off-Duty Detail; Agenda Item From time to time, police officers are requested to provide special services at specific locations by Tequesta residents, businesses or churches. The Village accommodates this request in the typical and usual fashion found throughout South Florida. This entails the provision of an officer, in uniform, and a Village vehicle, at a cost of between $15 and $18 per hour to be paid by the requestor of the special duty services to the police officer. The Village benefits from this program in that it does not have to divert scheduled police officers from routine duties to handle these special duties. Police officers benefit in that they have a way to augment their income. The problem that arises from this informal program that exists today is that it is not clear as to which party is responsible for liability, particularly workers compensation liability, in the event that the officer may be hurt in the course of providing special services. The attached ordinance formalizes the Off-Duty Detail Program and it clarifies that workers compensation liability is the responsibility of the Village, but the cost of this necessary insurance is charged to the entity requesting the off-duty services. It is recommended that the Village Council adopt this Ordinance in order to formalize the Off-Duty Detail Program to the benefit of all parties concerned. TGB/krb Attachment Recycled Paper