ENACTED  12/01/1998

SUBSTITUTE BILL NO. SO98-1368

A substitute ordinance amending Title 2, Chapter 44 of the Metropolitan Code of Laws by adding a new Section 2.44.210 authorizing the Metropolitan Police Department to contract with private entities to provide extra-duty police officers and police vehicles during certain events or activities.

 Whereas, the presence of Metropolitan Police Department officers and police vehicles during certain events and activities conducted by private entities would help ensure the safety of the public, as well as the interest of the private entity; and

Whereas, police officers who desire to provide security services at events and activities conducted by private entities will occasionally require the use of police vehicles to more effectively ensure the safety of the public, as well as the safety of the police officers themselves, during such events or activities; and

Whereas, currently police vehicles cannot be used by off-duty police officers providing security services at such events or activities conducted by private entities because they do not have automobile insurance to cover their liability associated with their operation of the police vehicles; and

Whereas, even if off-duty police officers or private entities were to purchase the necessary automobile liability insurance, the use of a police vehicle during off-duty private employment would create a taxable fringe benefit that must be reported to the Internal Revenue Service; and

Whereas, authorizing the Metropolitan Police Department to contract with private entities and assign police officers who have volunteered to work additional duty in an on-duty status at such events or activities, equipped with police vehicles as necessary, would eliminate the need for additional automobile liability insurance and for tax collection and reporting; and

Whereas, the Office of Enforcement Policy, Wage and Hour Division of the Employment Standards Administration for the United States Department of Labor, responding to an inquiry by the Department of Law, has opined that police officers who volunteer to work extra-duty pursuant to Metropolitan Police Department contracts and be assigned to work events or activities conducted by private entities will meet the overtime exception requirements of Regulation 553.227 of 29 CFR Part 553. The Office of Enforcement Policy further opined that such voluntary extra-duty work would not affect a superior officer’s exempt status under the Fair Labor Standards Act; and

Whereas, the Metropolitan Police Department, the Metropolitan Benefit Board and the Department of Finance can compute the necessary amount of fees to be charged the private entities in order to fully reimburse the Metropolitan Government its cost of assigning extra-duty police officers and police vehicles to the event or activity. The reimbursable cost would include, but is not limited to, the cost associated with additional wages or salaries, the cost associated with the use police vehicles, the cost associated with the increased risk of legal liability, and the cost associated with possible officer injuries in the performance of these services; and

Whereas, it is in the best interest of the Metropolitan Government to permit the Metropolitan Police Department to contract with private entities to provide extra-duty police officers, equipped with police vehicles as necessary, to better protect and ensure the safety of the public during certain events and activities.

Now, Therefore, be it enacted by the Council of the Metropolitan Government of Nashville and Davidson County:

Section 1: Title 2, Chapter 44 of the Metropolitan Code of Laws is amended by adding a new Section 2.44.210 as follows:

2.44.210 Contracting to assign extra-duty police officers.

The Chief of Police, or his/her designee, is hereby authorized to enter into contracts with private entities to assign extra-duty police officers who have volunteered to work additional duty in an on-duty status to provide security services at certain events or activities approved by the Chief of Police, or his/her designee. The Chief of Police, or his/her designee, is further authorized to equip these extra-duty police officers with police vehicles during such events or activities if, in the opinion of the Chief of Police, or his/her designee, the use of the police vehicles would better protect the public or the officers, and police vehicles are available for such use. The Chief of Police, or his/her designee, shall have the discretion to determine the number of police officers, including supervisory officers, and the number of police vehicles that will be required during such an event or activity.

The private entities shall reimburse the Metropolitan Government its costs in assigning volunteer officers to such additional duty in an on-duty status and shall reimburse the Metropolitan Government its cost in equipping the extra-duty officers with police vehicles or other specialized equipment. Such costs shall include, but are not limited to, any costs associated with additional salaries, use of police vehicles, the increased risk of legal liability, and the cost of possible officer injuries in the performance of these services. The contracts authorized by this section shall be approved by the Director of Finance and the Director of Law. Only those officers volunteering for extra-duty assignments shall be assigned to work these events or activities.

For purposes of this section "private entity" means any natural person, firm, partnership, association, corporation, limited-liability company, trust, or other non-public entity. "Private entity" shall not include any contract security company or other enterprise engaged in the business of providing, or undertaking to provide, security services, security guards, or patrol services to others on a contractual basis.

Section 2: That this Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored By: Leroy Hollis

LEGISLATIVE HISTORY
Substitute Introduced:	November 17, 1998
Referred to:	Budget & Finance Committee Public Safety Committee
Passed Second Reading:	November 17, 1998
Passed Third Reading:	December 1, 1998
Approved:	December 3, 1998
By: