§ 2-400. Off-duty police details.

(a)

When used in this section 2-400, the word "department" shall mean the City of Sunrise Police Department. When used in this section, the word "dispatcher" shall mean employees in the classification of records supervisor, communications/records manager and records specialist who are state certified telecommunicators.

(b)

The department may facilitate the employment of city police officers and public service aides and dispatchers by separate and independent private employers needing off-duty police, traffic control services or dispatch services. Such employment may be by either annual permit, contract, or both, as may be approved by the city attorney's office. No permit or contract shall in any way limit or restrict officers from discharging their primary law enforcement responsibilities or preventing and detecting crime. The department will maintain a roster of personnel who, at their sole option, wish to perform such work. The department will select the personnel for such off-duty details from the roster of those who wish to participate. Police officers serving in executive/management may not participate in off-duty details, except that the police chief or designee may assign executive/management personnel, except the chief and deputy chief, to supervise significant events in an off-duty detail capacity as he deems necessary.

(c)

The city commission shall establish rates for off-duty detail services and fees for the city's administrative expenses. The rates and administrative fees may be established by resolution. The department may require that the off-duty detail employer pay the charges for such services directly to the city and may establish procedures for the personnel to receive their pay for off-duty details through the city's payroll system. The department may require that private employers pay all charges in advance of services being performed.

Should the private employer recognize that the off-duty police services for which it contracted will no longer be required, for any circumstances, the private employer agrees to notify the department no later than twenty-four (24) hours prior to the start of such requested services.

In the event that the private employer fails to do so, the city shall charge a minimum of two (2) hours for each officer who responds to the private employer's establishment.

Should an investigation or arrest be initiated by an off-duty detail officer arising out of the performance of the services provided by the officer to the private employer, and the investigation or arrest requires the officer to work more than the allotted time as specified within the permit or contract, the private employer agrees to pay for the additional time at the city's established rates.

(d)

Off-duty personnel shall observe the department's normal standards of conduct, rules and regulations and other policies and procedures during such details and shall be subject to disciplinary action by the city for their failure to do so.

(e)

In accordance with 29 C.F.R. Section 553.227 (the federal regulations implementing the Fair Labor Standards Act), an officer's, service aide's or dispatcher's hours of work for the off-duty detail employer shall not be combined with the hours worked for the city for purposes of overtime compensation.

(f)

By enacting this section, the city has not agreed, and does not agree, to provide workers' compensation coverage for injuries sustained by off-duty personnel performing services for private employers. Such coverage shall be determined in accordance with Section 440.091, Florida Statutes (1995), and appellate court decision interpreting this statute. See Mount Sinai Hospital v. City of Miami Beach, 523 So.2d 722 (Fla. 1st D.C.A. 1988).

(g)

This section in no way effects or, in any way limits, other city regulations governing outside employment by city employees.

(h)

In consideration for the city allowing private employers to hire police personnel for off-duty details, the private employer shall indemnify and save harmless the city, its officers, agents and employees from or on account of any injuries or damages received or sustained by any person or persons during or on account of any negligent act of a police officer, public service aide or dispatcher while the police officer, public service aide or dispatcher is employed by the private employer regardless of whether the negligent act occurred while the officer, service aide or dispatcher was discharging his or her primary law enforcement responsibilities of preventing and detecting crime or controlling traffic or dispatching services. This requirement may be waived by the city commission for off-duty details on public property provided the city is named as an additional insured on the liability insurance of the owner or manager of the public property and provided the insurance coverage limits are at least as great as those maintained by the city.

(Ord. No. 438, § 1, 11-26-96; Ord. No. 438-98-A, § 1, 9-22-98, Ord. No. 438-98-B, § 1, 11-10-98; Ord. No. 438-00-A, § 1, 2-22-00; Ord. No. 438-09-A, § 1, 9-21-09; Ord. No. 438-09-A, § 1, 9-21-09; Ord. No. 438-11-A, § 2, 9-12-11; Ord. No. 438-13-A, § 2, 12-10-13)