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HomeMy WebLinkAboutDocumentation_Regular_Tab 8D_12/19/1991 • VILLAGE OF TEQUESTA Post Office Box 3273 • 357 Tequesta Drive ;;• ;; Tequesta,Florida 33469-0273 • (407)575-6200 r`•k �� Fax: (407)575-6203 C,, COUNT MEMORANDUM TO: Village Council FROM: Thomas G. Bradford, Village Manager V:, 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 ORDINANCE NO. AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, PALM BEACH COUNTY, ESTABLISHING POLICIES AND PROCEDURES FOR THE ADMINISTRATION OF OFF-DUTY POLICE SERVICES; PROVIDING FOR RULES AND REGULATIONS APPLICABLE TO OFF-DUTY POLICE SERVICES; PROVIDING FOR APPLICATION PROCEDURES; 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; PROVIDNG 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 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 the Village shall require such off-duty Police Services . 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. X 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 administrative fee. The hourly rate for vehicle use shall also be computed and charged when used for off-duty police services . 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 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. 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 . " - 3 - 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 Ordinance was seconded by Councilmember , and upon being' put to a vote, the vote was as follows : FOR ADOPTION AGAINST ADOPTION The Mayor thereupon declared the Ordinance duly passed and adopted this day of , 1991 . MAYOR OF TEQUESTA Joseph N. Capretta ATTEST: 14 Village Clerk