[HISTORY: Adopted by the Board of Trustees of the Village of Westfield 6-1-1987
by L.L. No. 7-1987. Amendments noted where applicable.]
The Village of Westfield is authorized to adopt and amend local laws
that are consistent with the Constitution and general state laws in relation
to the government, protection, order, conduct, safety, health and well-being
of persons or property in the Village [Municipal Home Rule Law § 10,
Subdivision 1(ii)a(12)]. Therefore, the Village of Westfield by local law
may employ persons not having the status of police or peace officer for crowd
or traffic control and other related duties during special events in the Village
and road closings due to special hazards. The Village may grant to these persons
the authority to issue appearance tickets to enforce the crowd and traffic
regulations.
A.
There shall be established in the Village of Westfield
a cadre of persons known as the "auxiliary police officers of the Village
of Westfield." Their participation shall be on a volunteer basis. Their duties
shall consist of the following:
(1)
Crowd and traffic control during special events in the
Village of Westfield.
(2)
To supervise road closings due to special hazards.
(3)
To assume other related duties during special events
in the Village as directed by the Chief of Police of the Village of Westfield,
who shall be the commanding officer of the auxiliary police force.
B.
The authority of the auxiliary police shall be limited
to the municipal corporate limits of the Village of Westfield and on property
owned by the Village of Westfield outside of its corporate limits.
A.
Consistent with the provisions of Chapter 470 of the
Laws of 1986,[1] it is the intention of the Village of Westfield to provide its
auxiliary police officers with the benefits of the Workers' Compensation
Law and to deem such volunteers to be employees within the meaning of that
term as defined by § 2, Subdivision 4, of the Workers' Compensation
Law. Any doubt as to the coverage of an auxiliary police officer within the
scope of this chapter shall be resolved in favor of the auxiliary police officer.
[1]
Editor's Note: See § 2, Subdivision 4, of the Workers'
Compensation Law.
B.
The Board of Trustees of the Village of Westfield hereby
recognizes the contributions made by auxiliary police officers to the Village
and recognizes the potential for loss of wages and medical expenses associated
with a potential injury or illness to such an auxiliary police officer arising
out of and in the course of performance of auxiliary police duties. The Village
Board finds that it is in the public interest of the residents of the Village
of Westfield and others to protect those who might serve as an auxiliary police
officer from a loss of wages in a regular employment and potential personal
expense for medical services resulting from an injury or illness arising out
of and in the course of performance auxiliary police duties. The Village Board
further finds that such workers' compensation coverage serves to encourage
such voluntary participation of individuals in the Village's auxiliary
police efforts.
As used in this chapter, the following terms shall have the meanings
indicated:
An individual who is a member of the auxiliary police force of the
Village of Westfield.
Participation on a voluntary basis with an auxiliary police effort made within the Village of Westfield, consistent with the provisions of § 43-5 of this chapter.
As applied to an auxiliary police officer, such money rate applying
in his or her regular vocation but in no event less than $30 per week. The
scope of the term "wages" shall be consistent with the meaning of this term
pursuant to § 2, Subdivision 9(j), and § 14, Subdivision
6, of the Workers' Compensation Law.
For the purposes of this chapter, a member of the Village's auxiliary police force shall be deemed an employee of the Village, as that term is defined in § 2, Subdivision 4, of the Workers' Compensation Law, when such an auxiliary police officer is engaged in one or more of the following designated services as authorized by the Chief of Police of the Village of Westfield or other appropriate officials as designated by the Chief of Police who might be involved in the control of activities or efforts of the auxiliary police officers. An auxiliary police officer shall be deemed to be employed by the Village solely for the services or activities as described in § 43-2 above.
A copy of this chapter shall be provided to the Chief of Police of the
Village of Westfield, who is in charge of the auxiliary police force, and
to each auxiliary police officer of the Village; provided, however, that the
failure of the Village of Westfield to do so shall not affect the application
of this chapter to any auxiliary police officer covered by this chapter.
