(A) Definition. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BILLING AGENT. One who receives compensation from a permittee for extra-duty police service and, in turn, pays the extra-duty police officers or Community Service Officers for such service. A billing agent shall be entitled only to a bookkeeping fee for receiving and paying monies as described above and shall not be entitled to any other fee.
BROKER. One who acts as an agent for police officers in securing employment in an extra-duty police service capacity in return for a fee or commission.
COMMUNITY SERVICE OFFICER.
A non-sworn employee of Police Department with no arrest authority, specializing in traffic control and enforcement.
DETAIL COORDINATOR. The police officer designated to be responsible for preparing and coordinating work schedules and related activities with the permittee and the Police Department whenever a permanent permit requiring more than one police officer is issued. A detail coordinator shall not act as a billing agent or broker.
EXTRA-DUTY POLICE SERVICE.
Employment which is conditioned upon the authority of the police officer or Community Service Officer and which is rendered during a period of time not within assigned hours of duty.
PERMANENT PERMIT.
A permit issued for extra-duty police service which exceeds two successive weeks and for which a special permit is not required.
PERMITTEE.
Any person, firm or corporation, that actually utilizes extra-duty police service and is granted a permit therefor.
POLICE OFFICER.
A sworn law enforcement officer employed full time by the Hollywood Police Department.
SPECIAL PERMIT
. A permit issued for extra-duty police service when the permittee has special needs and requests involving more than the ordinary city personnel, vehicles and equipment normally assigned to an extra-duty police detail.
TEMPORARY PERMIT.
A permit issued for extra-duty police service which does not exceed two successive weeks and for which a special permit is not required.
('72 Code, § 22-9)
(B) Employment of a police officer or Community Service Officer in an extra-duty police service capacity; permit required.
(1) Every person, firm or corporation wishing to employ a police officer or Community Service Officer for extra-duty police service must apply for a permit granted by the Chief of Police or his/her designee for each site at which such service is to be performed. No applications shall be accepted over the telephone, except in cases of emergency. If the office that administers extra-duty police service is closed, the Shift Lieutenant or the commanding officer on duty may approve temporary extra-duty police service assignments in the best interest of the Department.
(2) Said application shall be on a form provided by the Department, shall require, at a minimum, the following information: name, address and telephone number of the prospective permittee; a description of the business or activity conducted at the location seeking the extra-duty police service permit, period of employment and number of hours to be worked; location of extra-duty police service; and the specific police function to be performed, and shall be signed by a representative of the prospective permittee from the site at which extra-duty police service is to be performed.
(3) The Chief of Police or his or her designee shall investigate all applicants for a permit and approve or disapprove said application based upon the following criteria:
(a) Whether the prospective permittee is under criminal investigation or has been convicted of any crime or received recent violations of City Ordinances.
(b) Whether the purpose for which the extra-duty police service is requested is of a nature which may be perceived to conflict with the efficiency of the Department, or would bring disrepute, or be compromising to the Department.
(4) No permit shall be granted to a broker, a billing agent or to any other intermediary who will not be the permittee.
(‘72 Code, § 22-10)
(C) Temporary, permanent and special permits; fees.
(1) Every person applying for a permanent permit for extra-duty police service shall pay a fee specified in the standard operating procedures of the Police Department. Said fee is to be paid annually to the city, and every permit will expire on September 30 of each year. Permittees must apply annually for such permit before October 1 of each year.
(2) Every person applying for a temporary permit for extra-duty police service shall pay a fee specified in the standard operating procedures for the Police Department. If a person requesting a temporary permit applies more than two times between October 1 and September 30 of the following year, no additional fee shall be required, but an application for a permit shall be filed before the extra-duty service will be approved. Every request must be made three days in advance of the service, except in cases of a bona fide emergency approved by the Chief of Police designee.
(3) Every person applying for a special permit for extra-duty police service shall pay a fee to be determined by the Chief of Police on a case- by-case basis; said fee shall approximate the cost to the city of the special extra-duty detail. Every request must be made three days in advance of the service, except in cases of a bona fide emergency approved by the Chief of Police or his or her designee.
(4) No public or private nonprofit group, religious organization or governmental agency applying for a temporary or permanent permit for extra-duty police service shall be assessed the fees provided for hereinabove upon presentation of proof of its nonprofit status.
(5) In addition to paying the fees required by this subsection, every person applying for a permit for extra-duty police service shall execute a hold harmless agreement, approved by the City Attorney, protecting the city.
(‘72 Code, § 22-11)
(D) Regulation of extra-duty police service.
(1) Requests for extra-duty police service are to be for a minimum of three hours. Hourly charges for permit assignments will be made from the starting place and time specified by the permittee to the ending time and place of assignment. Travel time to and from will not be included. The geographical points at which an extra-duty assignment shall commence and terminate will beestablished at the time of request. The permittee will be assessed the three-hour minimum rate for each police officer or Community Service Officer for canceled or postponed assignments unless the Department is notified a minimum of three hours prior to the specified starting time. Permits requiring more than five police officers or Community Service Officers require an additional 15 minutes per officer or Community Service Officer in excess of five officers or Community Service Officers for cancellation notification.
(2) The Chief of Police or his/her designee retains the right to restrict, suspend or revoke the privilege to participate in any extra-duty police employment. The decision of the Chief of Police or his/her designee may be predicated upon risk factors, pending claims or investigations or the recommendation of a police supervisor, an extra-duty detail coordinator or the Internal Affairs Unit. Police officers or community service officer acting in an extra-duty police service capacity are not permitted to perform any service not generally related to police-type work. The permittee is restricted to the general assignment of duties only.
(3) No extra-duty police service will be performed outside the jurisdictional limits of the city, unless specifically requested by the head of a law enforcement agency of the appropriate jurisdiction and approved by the Chief of Police or his/her designee.
(4) Upon request by the Chief of Police, every permittee shall furnish the Department with a record of the number of police officers or community service officers employed during the requested service, number of hours worked per officer, and the amount of pay given to each officer. Refusal or failure to comply with this request will result in the immediate termination of a permit, and the denial of any future request for a permit.
(5) The granting of a permit for extra-duty police service and the authorization for a police officer or Community Service Officer to perform in a extra-duty police service capacity is a privilege and may be denied or revoked by the Chief of Police at any time.
(6) Any decision made by the Chief of Police or his/her designee pursuant to this section may be appealed to the City Manager. Any such appeal shall be deemed filed only after the person requesting the relief has transmitted the reasons why he or she feels the relief should be granted in writing to the Manager.
('72 Code, § 22-12)
(E) Liability for extra-duty police service.
(1) Police officers and Community Service Officers, while acting in an extra-duty police service capacity, are considered independent contractors or employees of the permittee. All compensation for such service shall be remitted directly to the police officer or to a billing agent, not to the city or the detail coordinator; Community Service Officer provided, however, that the surcharge established pursuant to division (C)(5) above shall then be paid by the police officer, Community Service Officer or billing agent to the city.
(2) The city shall accept workers' compensation liability only in those situations where the extra-duty police officer takes affirmative police action, including arrests or in the case of a Community Service Officer, takes an action within the scope of his or her employment. The determination as to whether the extra-duty police officer or Community Service Officer was taking affirmative police action or an action within the scope of his or her employment shall be made by the city in accordance with applicable law and Department policy.
('72 Code, § 22-13)
(Ord. O-82-6, passed 2-17-82; Am. Ord. O-83-8, passed 3-16-83; Am. Ord. O-95-73, passed 12-20-95; Am. Ord. O-97-40, passed 11-5-97; Am. Ord. 0-99-32, passed 10-6-99; Am. Ord. O-2002-18, passed 4-10- 02; Am. Ord. O-2019-20, passed 10-2-19)