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We are working on an amendment to the CPL

We need bill sponsors

Click here to see the amendment
 

Our amendment will allow the employer (police department, Sheriff's Department, etc.) to give these officers limited Non-Civil Defense duties such as patrol.
The amendment would recognize Auxiliary Police as Peace Officers in the event they were assaulted or killed while on duty.
And, our amendment will allow the employer to train and authorized the officers to carry defensive weapons such as the expandable baton or OC spray while on duty.   


Please see http://www.auxiliary-police.org/articles.htm for related news articles.

 

WHY WE NEED NEW LEGISLATION TO AMEND THE CPL 2.10 PARAGRAPH 26

1. The Auxiliary Police, or Special Deputy Sheriffs, are required under The Civil Defense Act of 1951 which states under Article 3 § 22 that every county, except those contained in the city of New York, and every city shall… Recruit, equip and train auxiliary police or special deputy sheriffs in sufficient number to maintain order and control traffic in the event of an attack and to perform such other police and emergency civil defense functions as may be required during and subsequent to attack. During that time, they were used to direct traffic to the air raid shelters and to control the people at those shelters. This is NOT what we are used for today. The duties and activities of auxiliary police vary considerably. In upstate communities, auxiliary police direct traffic at parades, fairs, special events and church crossings. They check vacation homes, participate in emergency rescues and searches for missing persons, ride as second man in patrol cars and perform administrative work for police departments. Downstate, and in larger cities, auxiliary police patrol trains, subway platforms and bus terminals. They perform neighborhood watches and patrols and assist police in crowd control. Auxiliary police educate the public in crime prevention techniques, engrave valuable property with the owner’s driver’s license or I.D. number, patrol the streets and report illegal activities to the appropriate law enforcement agency. They check doors and windows to make sure they are locked and that no one has or can gain entry illegally, and patrol in squad cars in an effort to reduce vandalism. These activities, although very important, are not covered by The Civil Defense Act of 1950 or by the CPL. Some Counties & Cities have feared the liability so much, that they disbanded their Auxiliary Police Programs in the late 1980’s.

2. The Auxiliary Police are only considered Limited Peace Officers during a declared emergency or authorized drill. Case law in the 1980's put to question "what is an authorized drill?" It is imperative, however, that the Auxiliary Police have the same statuary protection of being a Peace Officer while on duty that other unformed services have. Auxiliary Police officers drive cars that resemble Police Cars & wear similar uniforms, but many do not have the same protective equipment a police officer would have to protect himself.

3. In many instances, the Auxiliary Police are put in harms way and considering today’s problems with Homeland Security, it is imperative that we get our communities involved in the safety of their homes.

4. Lastly, and in all due respect, it is almost ludicrous to expect a viable and modern force existing today and providing tremendous aid to the various communities in which they serve, to work under the jurisdiction of a law created prior to 1950.




The Volunteer Peace Officer's Benefit Law
is on hold while we look for new bill sponsors

This legislation is vastly important to:

   1) Consolidate uniformed volunteer members of law enforcement agencies within the State of New York, including but not limited to Auxiliary Police, Special Deputy Sheriffs, Reserve Sheriffs/Police, Special Police, Reserve Police, SPCA, SPCC, Search and Rescue Squads, and Public Safety Emergency Officers.
   2) Establish legal authority for law-enforcement agencies to conduct volunteer law enforcement operations.
   3) Establish legal authority for volunteer officers to perform their duties.
   4) Establish recruiting standards.
   5) Increase minimal training standards.
   6) Provide deserved benefits.
   7) Protect uniformed volunteers in law enforcement agencies. and
   8) Protect law enforcement agencies from liability lawsuits due to lack of workers compensation coverage.

  Passage of this legislation will legalize existing volunteer officers and operations as well as help recruit and retain current members.

See this Article about the legal arguments for this Legislation http://www.hurt911.org/articles/auxiliary_police_liability.html

See this Article to see what the benefits are
http://www.auxiliary-police.org/vpobenefits.htm


Get a copy of the bill Click Here

Click Here to see a Resolution from Seneca County in support of this bill.

Click Here to see a Memorandum of Support from NYSAAP

Click Here to see a Memorandum of Support from RPOA

Click here to see a Letter of Support from APSBA

Click here to see a Letter of Support from the Nassau County Auxiliary Police.

We need more of these from Villages, Towns, Cities, & Counties in NY State.
If you belong to a civic association, we need a letter of support.

The Bill Numbers Last Year Were A04368 & S03701
The bill had no sponsor this year due to political pressure from the police unions. 


I am asking everyone to write to their State Senator, State Assemblymember & The Governor to urge the passage of these bills.
To find out who your State Senator and State Assembly Member are go to
 
http://nymap.elections.state.ny.us/nysboe/
Type in your address and hit the find button.
Then hit the Info button.   You should see the name of your State Senator & Assemblymember.  
You can then follow the link to their page.

To Write To The Governor:
Andrew Cuomo
State Capitol
Albany, NY 12224

We also support the following Legislation:

The following bill Passed last year and is now law. Thank You

A7957-A / S6102-A AN ACT to amend the executive law, the criminal procedure law, the general business law and the public officers law, in relation to peace officer training. This bill has passed the Assembly on 6/11/09 but still needs to pass in the Senate.This bill will allow the Division of  Criminal Justice Services to increase our training requirements.   If we expect the same benefits as a Volunteer Fire Fighter or Volunteer Ambulance Worker, we must have a statewide standard of training that is equal to their level of training.   In our bill S3701-A  The Volunteer Peace Officer Benefit Law we have set the standard requiring "Applicant must pass a training course prescribed by the division of criminal justice services." The Municipal Police Training Council is DCJS. We felt that this would allow them to set the standard for training, but DCJS is not allowed to require more the 10 hours of training for part-time Peace Officers and 35 hours for full-time Peace Officers.   A security guard has more then 10 hours of training!!!   Most Auxiliary Police have at least 50 hours of training but receive a Part-time Peace Officer Training certificate.
This is because the employer adds the extra training.
  Some departments can add over 100 hours of extra training while others don't add any extra training. This is not a standard!!   We must allow DCJS to set a statewide standard that is reasonable. The maximum being 180 hours of training.
See
a7957 and s6102.pdf
MEMORANDUM IN SUPPORT s6102a.pdf

 

The following bills did not get out of committee and were not sponsored this year.

A6973 / S4576 The Auxiliary Police Officer Protection Act. This bill passed in the senate last year but not in the assembly. It will add Auxiliary Police, TEA & School Safety to subdivision 3 of section 120.05 of the Penal Law to make it an assault in the second degree, a class D felony, to injure an auxiliary police officer, traffic enforcement agent (TEA) or school safety personnel with the intent to prevent such auxiliary police officer, TEA or school safety personnel from performing his or her duty. The TEA already has this, They got a bill passed last year with a different bill, but we weren't on that bill. Volunteer Firefighters & Volunteer Ambulance Workers already are on the list & if A4368 / S3701 passed we would have been on the list already too.
See
The Auxiliary Police Officer Protection Act.pdf
MEMORANDUM IN SUPPORT s4576.pdf
MEMORANDUM IN SUPPORT a6973.pdf

A7256-A / S3902-A Grants additional credit of five points to auxiliary police officers in competitive examinations. This bill Grants additional credit of five points to auxiliary police officers in competitive examinations for original appointment or promotion to a civil service position with the city, town or village of his residence. Volunteer Firefighters & Volunteer Ambulance Workers already have this and if A4368 / S3701 passed we would have already had this too.
See a7256 and s3902.pdf
MEMORANDUM IN SUPPORT s3902.pdf
MEMORANDUM IN SUPPORT a7256.pdf