The Ohio County Sheriff’s Office may respond to requests for extra duty law enforcement services to the extent permitted by existing resources and in accordance with the Ohio County Sheriff’s Office and this contract. Requests for the service described herein, which exceed the department's capabilities or are outside the provisions of this procedure, may be referred to other agencies, upon mutual agreement as appropriate. The primary intent of the Ohio County Sheriff’s Office is to provide supplementary law enforcement services within the community as approved by the Sheriff of Ohio County.
In receipt of the mutual covenants and agreements herein contained, the parties agree as follows:
1. The OCSO shall provide law enforcement personnel and other resources as deemed necessary in a law enforcement role at functions sponsored by the Extra Duty Contractor. Full-time, sworn Deputy Sheriffs will be dedicated to this role and shall be provided for the purposes of investigation of criminal activity and law enforcement services. The Extra Duty Contractor may request specific Deputies to work, however the OCSO shall have exclusive authority to make all personnel decisions pertaining to the employment of Deputies retained to fill the position(s) described in this paragraph. The Sheriff of Ohio County will approve any extra duty law enforcement work requested by the Extra Duty Contractor as well as prohibit any extra police duty. Reasons for prohibited extra duty work may include, but is not limited to, work outside the jurisdiction of the OCSO and work that may compromise the Ohio County Sheriff’s Office.
2. The Extra Duty Contractor shall pay the Ohio County Commission/Ohio County Sheriff for the Deputies services as outlined in "Addendum A". The County shall have sole responsibility for the payment of salary, benefits and other compensation to the Deputies. Payment shall be made as follows: The Sheriff shall forward an itemized invoice to the Extra Duty Contractor as indicated in "Addendum B - Preplanned" for the services and the Extra Duty Contractor shall pay the County for the services as outlined in the invoice within ten (10) working days after receipt. NO DEPUTY IS ALLOWED TO ACCEPT COMPENSATION (cash, products, or services) DURING THE TIME OF EMPLOYMENT.
3. The OCSO shall keep detailed records regarding dates, times, locations and names of Deputies providing service for the Extra Duty Contractor. These records shall be made available to the Extra Duty Contractor upon request.
4. The Deputies are considered as on-duty for the OCSO during extra duty work. Deputies working extra duty are deemed to be acting within the course and scope of their official duties while fulfilling extra duty assignments within Ohio County. The duties performed are set forth as authorized and approved within the rules and regulations / policies and procedures of the Ohio County Sheriff’s Office and as provided by Law. The Extra Duty Contractor may request specific, approved law enforcement duties of the Deputies if they are authorized and approved within the rules and regulations / policies and procedures of the Ohio County Sheriff’s Office and as provided by Law.
5. The Deputies are always subject to the policies of the Ohio County Commission, the laws and Constitution of the United States and the state of West Virginia, and the rules and regulations governing Deputies of the Ohio County Sheriff’s Office. The Extra Duty Contractor has no authority over law enforcement personnel and is restricted to providing only a general assignment of duties to be performed by the Deputy. Those assignments never supersede OCSO policy or procedure and the Extra Duty Contractor is hereby so advised. Extra Duty Deputies remain under the exclusive control of the OCSO and are accountable for strict adherence to its rules and regulations. Any conflicting rules of the Extra Duty Contractor will be disregarded. The Deputy shall refuse to perform any duties deemed to conflict with the guidelines of the OCSO. Deputies may be called from Extra Duty Employment at any time, based upon the needs of the OCSO.
6. Deputies will arrive in and will park in a conspicuous location an Ohio County Sheriff’s Office cruiser. Any job requiring the active use of a cruiser during the entire Extra Job will be billed for the use of the cruiser. These charges will be listed in “Addendum A”.
7. Indemnification - The Sheriff of Ohio County and the Ohio County Commission assumes full responsibility for the Deputies acts of negligence. The OCSO shall indemnify the Extra Duty Contractor against, and hold the Extra Duty Contractor harmless from any liability costs, damages, claims, or causes of action which may arise as a result of negligence by the OCSO of its responsibilities under the terms of this agreement; provided, however, that the Extra Duty Contractor shall indemnify and defend the OCSO, its Deputies and employees from any liability costs, damages, claims, or causes of action; for negligent acts of the Extra Duty Contractor, or any of its officers, employees, or agents.
8. The Extra Duty Contractor shall be obligated to present proof of coverage under a general liability insurance policy or bond, and present said proof to the Ohio County Sheriff’s Office upon execution of this contract.
9. Unscheduled hours: If a Deputy works additional hours beyond the end of their Extra Duty assignment (e.g. makes an arrest while working the Extra Job and needs to complete paperwork), the Extra Duty Contractor will not be responsible for payment of the additional costs, and rather the Deputy will submit for overtime pay from the Ohio County Sheriff’s Office. If a Deputy works additional hours at the request of the Extra Duty Contractor, that Contractor will be billed accordingly.
10. Cancellation: Cancellations must be made at least 4 ½ -hours before the assignment begins. If a cancellation is received less than 4 ½ -hours before the assignment, the Extra Duty Contractor will be billed the minimum of 4-hours per scheduled Deputy. Cancellations should be made to Ohio County Sheriff Dispatch at 304-234-3607.