§ 60-99. Off-duty employment escrow account.

A. 

Establishment. To assure the timely payment of wages to police officers who perform off-duty services, and to meet the requirements of the Fair Labor Standards Act, the Chief Financial Officer of the City of East Orange shall establish an escrow account known as the "off-duty employment trust account," or such other name as assigned by the Chief Financial Officer in accordance with appropriate rules and statutes, which trust fund is dedicated for the receipt of fees collected from private persons or entities for the payment to police officers for off-duty or outside employment services. The off-duty employment escrow account shall be administered by the City's Finance Division.

B. 

Any person or entity requesting the services of an off-duty law enforcement officer in East Orange shall estimate the number of hours such law enforcement services are required, which estimate shall be approved in writing by the Public Safety Director, or his or her designee, and upon Public Safety Director's approval, a copy of said approval shall be forwarded to the City's Finance Division. The person or entity requesting the services shall then forward payment for services for the total estimated hours of service, the rates of compensation and administrative fees as set forth in § 60-99.1 to the Finance Division for deposit in the off-duty employment escrow account prior to the commencement of said services.

C. 

In any instance where the number of hours required is unknown and cannot be reasonably estimated, or is anticipated to be in excess of 10 days, the person or entity requesting the services of an off-duty law enforcement officer shall deposit an amount sufficient to cover the rate of compensation and administrative fees as set forth in § 60-99.1 for the equivalent of 10 days prior to the commencement of any work. Any unused portion of the deposit shall be returned or credited against the final amount owed.

D. 

Prior to posting any request for services of off-duty law enforcement officers, the Public Safety Director or his or her designee shall verify that the balance in the escrow account of the person or entity requesting services is sufficient to cover the compensation and fees for the number of hours specified in the request for services. The Public Safety Director or his or her designee shall not post a request for services from any person or entity unless all fees and compensation required in the manner described above have been deposited in the off-duty employment escrow account. All payments must be remitted directly to the City of East Orange Finance Division for deposit in said account. No officer shall be paid directly by any employer for requested services nor provide any such services for more hours than are specified in the request for services.

E. 

The person or entity requesting such services shall be responsible for ensuring that sufficient funds remain in the escrow account in order to avoid any interruption of services.

F. 

In the event the funds in the escrow account should become depleted or that the escrow account falls below the designated level, services of off-duty law enforcement officers shall cease, and further requests for additional or future services shall not be honored or posted until additional funds have been deposited in the escrow account in the manner prescribed above.

G. 

The Chief of the East Orange Police Department, or his designee, shall make a written report to the Public Safety Director every 90 days regarding the status of each account and highlight each deficient account holder. Payments to police officers shall be on a biweekly basis with all appropriate deductions.