[HISTORY: Adopted Floral Park Village Board 5-19-1987
by L.L. No. 3-1987. Amendments noted where applicable.]
GENERAL REFERENCES
Additional compensation of policemen — See Ch. 4.
The intent of this local law is to provide income protection and coverage
for medical expenses for an auxiliary police officer injured within the scope
of his or her duties as enumerated by this local law. Consistent with the
provisions of Chapter 470 of the Laws of 1986,[1] it is the intention of the village 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 any of the
activities enumerated below shall be resolved in favor of the auxiliary police
officer.
[1]
Editor's Note: See Workers' Compensation Law, § 2.
The Village Board of Trustees hereby recognizes the contribution 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 through the performance of auxiliary police
duties. The Board of Trustees finds that it is in the public interest of the
residents of the village and others to protect those who might serve as auxiliary
police officers from a loss of wages in their regular employment and from
potential personal expense for medical services resulting from an injury or
illness arising from the performance of auxiliary police duties. The Village
Board of Trustees further finds that such workers' compensation coverage
serves to encourage such voluntary participation of individuals in the auxiliary
police efforts.
As used in this local law, the following terms shall have the meanings
indicated:
An employee as that term is defined in § 2, Subdivision
4, of the Workers' Compensation Law, as amended by Chapter 470 of the
Laws of 1986.
Includes participation with an auxiliary police effort made within
the village consistent with the scope of the definition of that term as provided
by § 2, Subdivision 5, of the Workers' Compensation Law.
As applied to an auxiliary police officer, shall be as set forth
in § 2, Subdivision 9(j), of the Workers' Compensation Law,
as added by Chapter 470 of the Laws of 1986.
For the purposes of this local law, 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 or activities, as authorized by the Commissioner of Police.
An auxiliary police officer shall be deemed to be employed by the village,
as that term is defined within the meaning of § 2, Subdivision 5,
of the Workers' Compensation Law, solely for the services or activities
identified below:
A copy of this local law shall be provided to the Commissioner of Police
who is in charge of the auxiliary police force; provided, however, that the
failure of the village to do so shall not affect the application of this local
law to any auxiliary police office covered by this local law.
In the event that any provision of this local law shall be deemed by
a court to be in conflict with a provision of the State Constitution or with
a provision of a general law or should adherence to or enforcement of any
section of this local law be restrained by a court, the remaining provisions
of this local law shall not be affected.
The local law shall take effect upon its filing with the office of the
Secretary of State.
