File #: Res 1499-2008    Version: * Name: Department of Justice to allow the families of auxiliary officers killed in the line of duty to be granted full benefits under the Public Services Officers’ Benefits Program.
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 6/29/2008
Enactment date: Law number:
Title: Resolution calling upon the Department of Justice to allow the families of auxiliary officers killed in the line of duty to be granted full benefits under the Public Services Officers’ Benefits Program.
Sponsors: Alan J. Gerson, Gale A. Brewer, Leroy G. Comrie, Jr., Lewis A. Fidler, Robert Jackson, Letitia James, G. Oliver Koppell, Annabel Palma, James Sanders, Jr., Larry B. Seabrook, Kendall Stewart, David I. Weprin, Thomas White, Jr.
Council Member Sponsors: 13

Res. No. 1499

 

Resolution calling upon the Department of Justice to allow the families of auxiliary officers killed in the line of duty to be granted full benefits under the Public Services Officers’ Benefits Program.

 

By Council Members Gerson, Brewer, Comrie, Fidler, Jackson, James, Koppell, Palma, Sanders, Seabrook, Stewart, Weprin and White Jr.

 

                     Whereas, The New York Police Department (NYPD) Auxiliary Program was established in 1951 in response to the New York State Defense Emergency Act of 1951 which empowered the City of New York to create a civil defense program; and

                     Whereas, The act requires cities to recruit, train, and equip volunteers to be civil defense wardens who will act as adjunct to the regular police departments in the event of a civil defense emergency or natural disaster; and

                     Whereas, In New York City civil defense wardens are auxiliary officers who are neither police officers nor peace officers, do not carry firearms, and have no power of arrest beyond that of a private citizen but who may, in the event of an emergency, be temporarily given peace officer status by the Police Commissioner, Mayor and/or State Legislature; and

                     Whereas, Auxiliary officers assist the NYPD in deterring crime by performing uniform patrols, bridge the gap between the NYPD and the community thereby improving community relations, and augment the regular police in the event of an emergency or natural disaster; and

                     Whereas, As of 2007, there were 4,500 auxiliary officers in New York City that collectively contribute over one million hours of service each year; and

Whereas; Although the duties performed by auxiliary officers are voluntary, these officers are required to provide a minimum of 126 hours of duty per fiscal year; and

                     Whereas, Since the establishment of the auxiliary officers program eight auxiliary officers have died in the line of duty; and

                     Whereas, The most recent deaths were that of auxiliary officers Eugene Marshalik and Nicholas Pekearo, who were gunned down in Greenwich Village in 2007; and

                     Whereas, The families of Officer Marshalik and Officer Pekearo applied for death benefits through the Public Safety Officers Benefit Program administered by the U.S. Department of Justice (DOJ); and

                     Whereas, The initial claim was denied on the grounds that auxiliary officers are not authorized to make arrests, therefore making the families ineligible under federal guidelines; and

                     Whereas, The                      DOJ overturned the denial of the initial claim because evidence demonstrated that the auxiliary officers were killed specifically because the gunman thought they were regular police officers; and

                     Whereas, The City of New York and the State of New York have recognized the law enforcement nature of auxiliary officers through legislation and court decisions; and

                     Whereas, Auxiliary police officers are law enforcement officers within the meaning and the spirit of the Public Safety Officers’ Benefits Act; now, therefore, be it

Resolved, That the Council of the City of New York calls upon the Department of Justice to allow the families of auxiliary officers killed in the line of duty to be granted full benefits under the Public Services Officers’ Benefits Program.

 

LS# 5246

SO

6/19/08

11:46am