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Home My WebLink AboutO-09059SAE/wpc 1/16/80 ORDINANCE NO. ti. AN ORDINANCE REPEALING ORDINANCE NO. 8994, ADOPTED OCTOBER 17, 1979, ENTITLED: "AN ORDINANCE ASSESSING FEES TO DEFRAY THE ADMINISTRATIVE COSTS INCURRED BY THE CITY IN PROVIDING SPECIAL OFF -DUTY POLICE SERVICE TO PERSONS OR BUSINESSES REQUESTING SUCH SERVICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE"; AND SUBSTITUTING A NEW ORDINANCE IN ITS PLACE AND STEAD; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, police officers in Florida are empowered to act within the scope of their employment on a twenty-four hour basis; and WHEREAS, the City of Miami considers regular on -duty police services to be ordinary and routine, and all off -duty police services to be exceptional and non -routine; and WHEREAS, off -duty City police officers receive authorization from the Chief of Police to provide exceptional and non -routine law enforcement services to persons or businesses requesting such services; and WHEREAS, these exceptional and non -routine services are vital to the community but do not serve the needs of the community as a whole; and WHEREAS, the costs of these exceptional and non -routine services are now borne by the persons contracting for off -duty police services; and WHEREAS, the City of Miami incurs costs in the administration of these exceptional and non -routine services and for uniform depreciation and other equipment expenses; and WHEREAS, the aforesaid administrative costs which are incurred by the City have not been borne by the persons contracting for off -duty services; and WHEREAS, the Attorney General of the State of Florida has rendered an opinion that State Statutes require all costs incurred by the public sector to be borne by the private sector for special off -duty police services; and WHEREAS, on October 17, 1979, this Commission adopted Ordinance No. 8994 on second and final reading to become effective November 16, 1979, addressing this matter; and WHEREAS, Ordinance No. 8994 could be incorrectly construed to reduce the civil liability of parties who are rightfully obligated therefor, or to increase the risk of the City's liability; and WHEREAS, Ordinance No. 8994 could be incorrectly construed to provide that the City is solely liable for the provision of workmen's compensation benefits to off -duty police officers who are injured as a result of such off -duty services; and WHEREAS, no monies derived from the enforcement and administration of Ordinance No. 8994 are to be placed into, nor used for, the City's self-insurance fund; and WHEREAS, the current policy of the City of Miami is to restrict acceptance of compensation by off -duty police officers to authorized and earned compensation; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 8994, adopted October 17, 1979, which assessed fees to defray the administrative costs incurred by the City in providing off -duty police services to persons or businesses requesting such services, is hereby repealed in its entirety and the following is substituted in its place and stead: "Section 1. The Chief of police or his designee shall cause the requests for off -duty police officers to provide services to persons or businesses requesting the same to be evaluated on the basis of the reasonableness thereof including in such evaluation the factors of existing laws, ordinances, rules and regulations, personnel scheduling availability, risk of harm to personnel, and police department efficiency. Section 2. As a fee payable to the City to offset the administering of the herein off -duty police services program the Chief of Police shall cause to be collected and shall establish procedures for the collection by the City of a sum of Five ($5.00) Dollars for one police officer, for one day for one location. Mutiple police officers, days or locations shall be assessed on a per man, per job, per day basis for contractual employment of off -duty police officers by private persons or firms. Section 3. This fee shall be in addition to any special assess- ments which may be required for motorcycle escorts and shall be in addition to the hourly compensation rate payable to the individual sworn police officer. 2 905 Section 4. The monies received hereunder by the City of Miami shall be placed in the General Fund. Section 5. As an explicit pre -condition for the provision of off -duty police services, all parties requesting such off -duty police services shall be civilly liable for all claims arising from, or out of, such police services as may be furnished in their behalf. Section 6. Nothing contained herein shall be deemed to limit the tort liability or subrogation of parties for, or on behalf of whom, off -duty police services are rendered, or upon whose property these services are performed. Section 7. Liability for all civil actions and judgments (ex- cluding individual punitive damages) arising out of claims resulting from off -duty police services, in any regard, shall be borne by the party requesting such off -duty police services. The party for, or on behalf of whom, off -duty police services are rendered shall hold the City, its officers, agents and employees harmless for any and all claims, demands, actions, causes of action, suits, damages, loss and expenses, judgments, and attorney's fees and costs expended in defense of same. Section 8. Parties for whom off -duty police services are rendered shall indemnify the City and insure the off -duty officers for any workmen's compensation benefits that may be incurred due to injury re- sulting from such off -duty police services. This section shall not apply to parties requesting and obtaining motorcycle escorts. Section 9. Parties receiving off -duty police services shall not offer, nor shall off -duty police officers accept, any compensation for such off -duty police services or other services above that specified by the Chief of Police." Section 2. A11 ordinances, or parts of ordinances, insofar as they are inconsistent or in conflict with the provisions of this ordinance, are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this 3 90 5 9 ordinances shall not be affected. 1979. PASSED ON FIRST READING BY TITLE ONLY this 26th day of November PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of January PH G. ONGIE City Clerk PREPARED AND APPROVED BY: ROBERT F. CLARK Assistant City Attorney APPROVED AS TO FORM '4011, GA JRGE F. KNOX i y Attorney , 1980. CORRECTNESS: 4 9 0 5 9 MIAMI Review 7 AND DAILY RECORD Pubftshed Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Ordinance No. 9059 in the X X X Court, was published in said newspaper in the issues of January 28, 1980 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afilant further says that she has neither paid nor promised any person, firm or corportion any discount, rebate, commission or refund for a purpose of sesupk1 vertisement for pu• rcy •n In the sa$'h (SEAL) MR-93 wworrrrto anibsJWibed befori me this ...day431,; . ; , a 19 8(1 196b./ 4a.Stgterpt•'Florida at arge miss__i(h Vx131res July 17, 982. Notar My C City Cbric tami, Fta. CiTY OF MIA , DADE COUNTY, FLORIDA LEGAL NOTICE All Interested persons will take notice .that on the 24th day of January, 1980, the City Commission of Miami, Florida, adopted the fol• lowing titled ordinance: ORDINANCE NO. 9059 AN ORDINANCE REPEALING ORDIN,AANCE NO. 8994, ADOPTED OCTOBER ii, 1979, ENTITLED: "AN OR- DiNANCE ASSESSING FEES TO DEFRAY THE AD- MINISTRATIVE COSTS INCURRED BY THE CITY INOFF-DUTY POLICE TO PERSONIS NG ORPECIAL BUSINESSES REQUEST NGSERVICE SUCH SER- VICES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE"; AND SUBSTITUTING A NEW ORDINAE IN ITS PLACE AND STEAD; CONTAINING A LE REPER PROVISION AND A SEVERABILITY CLAUSE. RALPH G. ONGIE CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 28 day of January 198M80.012857 1/28 CITY OF MIAMI, FLORIDA INTEROFFICE . MEMORANDUM SUBJECT January 23, 1980 Off Duty - Administrative ,Surcharge. REFERENCES:. ENCLOSURES: Pursuant to the guidelines put forth by the City Commission at its January loth meeting, the proposed amended ordinance includes and defines "exceptional and nonroutine". and additionally, exempts private parties from Workmen's Compen- sation liabilitieswhen employing off duty officers for motorcycle escorts. While � I do concur with ..the amended ordinance, I amvery concerned that the .. exemption provision:. does . not adequately relieve the City from Workmen's Compensation obligations in this high risk off duty service. Furthermore, I believe that several other off duty services are equally important to the welfare of the community and are performed .: in similarlyhigh risk environments. To give consideration for one type of service, to theexclusion of others, may be inappropriate. I therefore request, that the last sentence of Section 8 be stricken. If my concern cannot be addressed atthis time, I recommend that Agenda Item 7 bepostponed to the next Commission meeting. KIH:mec.. Attachment FOJI 4 MEMORANDUM OF VOTING CONFLICT PART A Name: Address PART B Agency is a unit of (check one] Name of Agency` LAST) Position held in Agency: PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes § 112.3143 (19751) If you have voted in your official` capacity upon any measure in which you had a personal, private, or professional interest which inures to • your special private gain or the°special private gain of any, principal by Whom you are retained, please disclose the nature of your interest (MIDDLE) ' ')ATE ON W CH VOTE OCCURRED: ,19�� IA/Cl (NUMBER) (CITY) (ZIP CODE);` (COUNTY) ( ..) State of Florida; ( ) . County, City or other Political Subdivision below. 1. Description of the matter upon which you voted in your offici a , efild. 2. Description of the personal, pri' ate, c r profess"onal interest you have in the above matter which inures to your special private gain or the sygcial private gain of any principa►om you are retained if-uf-14- LC.6Lr.�v` 3. Person or principal to whom the special gain described above will inure: a. ( 1 Yourself b. ( I Principal by whom you are retained. PART 0 (NAME) FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; if you vote, however, the conflict must be disclosed pursuant to the requirements described above. PART E GNATURE OF PERSON DIS DATE SIGNED OTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (19751, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLU+11ING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4- EFF. 1/1/77