(a) The Mayor may enter into a written agreement with another party for the assignment of Village police officers to perform private police duty for such party when, in the opinion of the Mayor, such duty serves the public interest.
(b) The Chief of Police shall be responsible for assigning police officers, pursuant to such agreements, and all officers so assigned shall be under his control and considered to be on official police duty. The Chief of Police shall also determine, based on the nature of the assignment, whether or not such officers shall be in full uniform.
(c) The Village shall be reimbursed by the contracting party for each officer assigned at an hourly rate equal to the "Class A" full-time patrolman rate paid by the Village to the officers at the time such private duty service was rendered plus a fee of twenty percent (20%) for administrative costs. The contracting party shall be assessed interest on all unpaid balances remaining thirty days after billing at the rate of one and one-half percent (1-1/2%) per month.
(d) All officers so assigned to private duty shall be compensated at their regular hourly rate of pay. For salaried officers, their hourly pay rate shall be calculated based on a thirty-seven and one-half hour work week. At no time shall private duty services performed pursuant to a contract entered into under subsection (a) hereof be construed as overtime hours in excess of the officer's normal work week for any purpose.
(e) Each agreement entered into pursuant to this section shall provide that the Municipality is only obligated to provide manpower to the extent of availability, that the officers assigned shall not be required to perform duties outside of the Village and that such agreement may be terminated by the Village at will, provided, however, that any termination within two days of the event for which police services were contracted be the result of an emergency.
(f) This section does not create, and shall not be construed as creating, a new cause of action or substantive legal right against the Village, the Police Department or the person associated with a contract entered into under subsection (a) hereof, or against a police officer who is not working his normal hours of work as a police officer and who is performing law enforcement activities pursuant to such a contract.
(g) Each contract entered into pursuant to this section shall state with specificity the allocation of liability between the Village and the person for damages for injury, death or loss to person or property, that may be awarded in a tort action, as defined in Ohio R.C. 2317.46 arising out of the performance of off-duty security activities by a Village officer pursuant to the contract.
(Ord. 1989-23. Passed 4-19-89.)
(Ord. 1989-23. Passed 4-19-89.)