City of Buffalo, NY Miscellaneous Benefits

Each officer and employee of the City who, by reason of the nature of his duties, is required to travel from place to place within the City of Buffalo for the purpose of performing the official duties of his office or position may be authorized by the head of the department or City agency in which he is employed to use his privately owned automobile for such purpose by the filing with the Comptroller of a certificate in substantially the following form:

CERTIFICATE AUTOMOBILE TRANSPORTATION ALLOWANCE

(Name of department or City agency)
It is hereby certified that
(Name)
holding the office or position of
(Title of position)
in the department or City agency set forth above, of which I am the head, is required by reason of the nature of the duties of his office or position to travel from place to place within the City of Buffalo for the purpose of performing the duties of his office or position and that, by reason thereof, I hereby authorize him to use his privately owned automobile for such purpose.
Dated: ________________, 19____

	(Name)

	(Title)

The original of each such certificate shall be personally executed by the head of a department or City agency and shall be filed with the Comptroller, and a copy thereof shall be filed with the City Clerk and transmitted to the Common Council for its information. The person named therein shall, concurrently with its filing with the Comptroller, also file with the Comptroller, on a form prescribed by him for such purpose, a written description of the automobile to be so used by him on City business, and thereupon the officer or employee named in such certificate shall become eligible to receive payment of the transportation allowance herein provided in accordance with and subject to the provisions of this section.

Each officer and employee so certified shall at all times while so using any privately owned automobile on City business maintain on file with the Comptroller a current description of any such automobile so used by him on City business on a form prescribed by the Comptroller for such purpose. The replacement of one automobile by a different automobile shall require the filing of a new description on the prescribed form. Periodic changes in the license number of the same automobile shall not require the filing of a new description, but such change may be reported on daily travel reports submitted by him.

Each privately owned automobile so used by an officer or employee on City business shall be equipped and maintained with a speedometer which is operational at the time of such use. Failure to comply with the provisions of this subsection and failure to specify speedometer readings on daily travel reports when indicated thereon shall be deemed sufficient grounds for the disapproval of any part or all of any claim filed for a transportation allowance.

Claims for such transportation allowance shall be filed with the Comptroller monthly on or before the 10th day of the month next following the month for which such claim is filed. Each such claim shall be accompanied by daily travel reports maintained by the claimant on forms prescribed by the Comptroller for such purpose. Such daily travel reports shall be submitted by the claimant at the end of each calendar week to an officer or employee of his department or City agency who has been designated, in writing, filed with the Comptroller, by the head of his department or City agency for the purpose of reviewing and approving or disapproving such daily travel reports. If the person so designated shall fail to approve any such daily travel report, it shall be submitted to the head of his department or City agency for his approval or other disposition. Any daily travel report which does not contain such departmental approval may be excluded from consideration by the Comptroller for audit purposes.

The Comptroller shall have the power to disapprove the payment of any part or all of any claim filed with him pursuant to the provisions of this section when, in his judgment, there is a lack of sufficient proof to establish the authenticity of any such claim or part thereof or for failure to comply with the provisions of this section.

The Comptroller shall have the power to prescribe, amend and enforce such rules and regulations pertaining to the administration of the provisions of this section as he may deem necessary and proper from time to time and to prescribe such forms for use in connection therewith as he may deem necessary and proper.

The City, through its Director of Purchase, shall maintain in force a policy of insurance naming the City of Buffalo as the insured, protecting it against loss or damage on account of the use of privately owned automobiles by City officers and employees on City business, with bodily injury liability coverage in the amount of $200,000 for each person and $500,000 for each occurrence and with property damage liability coverage in the amount of $50,000 for each accident.

The head of a department or City agency may at any time cancel any certificate issued pursuant to Subsection B of this section respecting any officer or employee of the department or City agency by filing with the Comptroller a written notice of such cancellation. The eligibility of the person named in the certificate so canceled to receive the transportation allowance herein established shall thereupon cease.

The filing of any false or fraudulent claim for the transportation allowance benefits herein provided shall constitute misconduct and shall be grounds for disciplinary action, including removal from office or position.

This section shall not apply to elected public officials or officers of the City, except for Common Councilmembers who may observe a duly ratified procedure for collecting an automobile allowance.

[Amended 7-26-2016]

§ 35-22 Disability pay differential.

[Amended 9-18-2001, effective 10-1-2001]

Eligibility. Each employee entitled to benefits under the provisions of the Workers' Compensation Law who is unable to perform the duties of his position by reason of a sickness or injury that is compensable under the Workers' Compensation Law and who, by reason of such sickness or injury, is necessarily absent from duty shall receive an allowance of pay equal to the difference between 100% of his net regular weekly salary (i.e., after the deduction of all taxes) and the amount of compensation benefits he shall receive. The differential shall be paid until such time as a physician engaged by the City shall certify, after an examination of the employee, that he is physically able to perform his regular duties or specified types of light duty or a maximum of six months, whichever occurs first. The appointing authority may require such an examination whenever, in his judgment, circumstances warrant it. Any employee who shall refuse to submit to such medical examination shall be deemed to have waived his rights to the differential.

Method of payment. The difference in pay allowance provided by this section shall be paid in like manner as wages to the absent employee by the head of his department or City agency. The difference in pay allowance for accepted workers' compensation claims shall be paid for a maximum of six months for temporary total disability only, as such term is defined by the New York State Workers' Compensation Board. Disability pay differential does not apply to retirees or to those receiving benefits on an inactive payroll line. "Inactive payroll" refers to those former employees who continue to receive workers' compensation lost wage benefits from the City pursuant to a Workers' Compensation Board decision to continue payments.

§ 35-23 Hospitalization and medical care of Police Department member injured in discharge of duty.

A member of the Department of Police who shall be injured while actually employed in the discharge of his duty or while under order of his superior in a police station shall be received by the nearest hospital having facilities available for the care of the injured person.

An injured person may remain at the hospital until his physical condition permits his discharge therefrom. His transfer, during convalescence, to another hospital shall not be required.

The charge for the regular hospital room rent and emergency medical attention in such case, when approved by the Commissioner of Police and audited by the Auditor, shall be paid by the City.

The regular medical care of such hospital patient, other than the emergency medical attention above mentioned, shall be rendered by one of the police surgeons, except that in a case in which the police surgeon recommends that other and additional medical attention be furnished to the patient, such medical service shall be provided and paid for by the City.

At his election, such an injured person may, when medical or surgical care is necessarily required, select to treat him a practicing physician or surgeon of his own choice in the City of Buffalo. The City shall pay for such medical or surgical care when approved by the Commissioner of Police and audited by the City Auditor, subject to the following conditions:

No claim for such medical or surgical treatment shall be valid and enforceable as against the City unless, within 48 hours following the first treatment or consultation, the injured person or the physician or surgeon giving such treatment or consultation shall furnish to the Commissioner of Police a preliminary notice of such injury and treatment and unless the physician or surgeon, within 15 days thereafter, shall furnish a more complete report, including the diagnosis, the causal relationship between the alleged injury and subsequent disability, the proper treatment and the extent of the disability of the injured person, and, subsequent thereto, progress reports at intervals of not less than three weeks apart or at less-frequent intervals if requested by the Commissioner of Police in writing. The time limited herein for furnishing such notice and reports may be extended by the Commissioner of Police upon a showing to him of good and sufficient reason therefor. Upon receipt by the Commissioner of Police of the notice herein provided for, the City shall be entitled to have such injured person examined by a police surgeon at any time or times thereafter. A refusal of the injured person to submit to such examinations by a police surgeon either before or after such preliminary notice shall relieve the City from any and all responsibility of paying for such medical or surgical services.

All fees and other charges for such medical or surgical treatment or services shall be limited to such charges as prevail in the City for similar treatment of injured persons of a like standard of living and must be fees and charges reasonably and necessarily incurred.

The Commissioner of Police, on the recommendation of a police surgeon, may notify, in writing, the attending physician or surgeon to discontinue such services to the injured person, and thereafter the City shall be relieved of any further responsibility for payment of additional medical or surgical services rendered after the date of such notification.

(4)

Such fees and charges must be clearly itemized, stated and explained for proper auditing by the City Auditor.

§ 35-24 Hospitalization and medical care of Fire Department member injured in discharge of duty.

A member of the Department of Fire who shall be injured while actually employed in the discharge of his duty or while under orders of his superior in a firehouse shall be received by the nearest hospital having facilities available for the care of the injured person.

An injured person may remain at the hospital until his physical condition permits his discharge therefrom. His transfer, during convalescence, to another hospital shall not be required.

The charge for the regular hospital room rent and emergency medical attention in such case, when approved by the Commissioner of Fire and audited by the Auditor, shall be paid by the City.

The regular medical care of such hospital patient, other than the emergency medical attention above mentioned, shall be rendered by the fire surgeon, except that in a case in which the fire surgeon recommends that other and additional medical attention be furnished to the patient, such medical service shall be provided and paid for by the City.

At his election, such an injured person may, when medical or surgical care is necessarily required, select to treat him a practicing physician or surgeon of his own choice in the City of Buffalo. The City shall pay for such medical or surgical care when approved by the Commissioner of Fire and audited by the City Auditor, subject to the following conditions:

No claim for such medical or surgical treatment shall be valid and enforceable as against the City unless, within 48 hours following the first treatment or consultation, the injured person or the physician or surgeon giving such treatment or consultation shall furnish to the Commissioner of Fire a preliminary notice of such injury and treatment and unless the physician or surgeon, within 15 days thereafter, shall furnish a more complete report, including the diagnosis, the causal relationship between the alleged injury and subsequent disability, the proper treatment and the extent of the disability of the injured person, and, subsequent thereto, progress reports at intervals of not less than three weeks apart or at less frequent intervals if requested by the Commissioner of Fire in writing. The time limited herein for furnishing such notice and reports may be extended by the Commissioner of Fire upon a showing to him of good and sufficient reason therefor. Upon receipt by the Commissioner of Fire of the notice herein provided for, the City shall be entitled to have such injured person examined by the fire surgeon at any time or times thereafter. A refusal of the injured person to submit to such examinations by the fire surgeon either before or after such preliminary notice shall relieve the City from any and all responsibility of paying for such medical or surgical services.

The Commissioner of Fire, on the recommendation of the fire surgeon, may notify, in writing, the attending physician or surgeon to discontinue such services to the injured person, and thereafter the City shall be relieved of any further responsibility for payment of additional medical or surgical services rendered after the date of such notification.

(4)

Such fees and charges must be clearly itemized, stated and explained for proper auditing by the City Auditor.

§ 35-25 Death benefits for members of Police and Fire Departments.

Notwithstanding any other provision of law and in addition to any benefits otherwise provided, a death benefit shall be payable upon the death of a regular member of the Police or Fire Department, provided that an application therefor is submitted on a form prescribed and supplied by the Comptroller, to be made by:

The member's surviving spouse.

Any of the members children.

Any person in behalf of the surviving spouse or children or parents.

The application shall be filed with the Comptroller within 30 days after the death of the member; provided, however, that failure to file the application within 30 days may be excused on petition to and order of a Justice of the Supreme Court of the County of Erie, upon a showing either:

That a sufficient reason exists why such notice was not given;

That a report or other notice was made or given to the Police or Fire Department of the injuries within the thirty-day period; or

That the City has not been prejudiced by the delay in giving the notice.

The Comptroller shall forthwith refer said application to a board of review to consist of the Mayor, Comptroller and President of the Council, which board shall be forthwith convened by the Mayor and, on the basis of the information supplied in the application, independent evidence or hearing, if deemed advisable by the beard, make a determination that such member:

Died within one year after and as a natural and proximate result of injuries sustained at a definite time and place and incurred in the performance of duty as a member of the Police or Fire Department; and

Did not cause such actions by his or her own willful negligence.

Upon the aforesaid determination, the board shall award benefits to consist of:

An amount equal to the salary received by such member either during the year immediately preceding death or during the year preceding such injuries, whichever is greater; and

One thousand dollars or 10% of the deceased member's final salary, whichever is higher, payable for each child of such member under 18 years of age on the date of the member's death and including any child born thereafter to the member and surviving spouse.

The death benefits so awarded shall be proportioned, divided, distributed and paid in such manner as the board, in its judgment and discretion, determines:

To surviving spouse and children;

In the absence of a surviving spouse, to the children; or