Filed Date: 8/17/1988
Status: Precedential
Modified Date: 7/5/2016
John V. Terrana, Esq. City Attorney, Glen Cove
You have asked whether a city may form a "Public Safety Agency". Your letter indicates that this group would consist of civilians assigned to assist residents at school crossings, church crossings, in parks and on public property. The members would not have police or peace officer status and would be under the direction of the chief of the city's police department.
Local governments, including cities, have authority to enact and amend local laws, 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 therein (Municipal Home Rule Law, §
We caution, however, that the members of the public safety agency would have neither the status nor powers of police officers or peace officers. Those persons having police officer status are defined by State law (Criminal Procedure Law, §
You may also want to consider the exposure of a volunteer member of a public safety agency to costs relating to his injury or death. Compare volunteer firefighters who are protected by the provisions of the Volunteer Firefighters' Benefit Law. Also, the city should consider its potential liability for the actions of members of the public safety agency. In this context, the city should consider whether to defend and indemnify public safety agency members for their tortious acts.
We conclude that a city may enact a local law establishing a public safety agency whose members would assist residents of the city at school crossings, church crossings, in parks and on public property.