The New York State Association of Auxiliary Police (NYSAAP), www.auxiliary-police.org, has been working on legislation to create the title "Volunteer Peace Officer" in an effort to create a "Volunteer Peace Officer Benefit Law," similar to the benefit laws for both volunteer firefighters and ambulance workers. The bill numbers are A08779 and S05624A.

I am asking readers to write to their senator and assemblymember, as well as Governor Eliot Spitzer, to urge the passage of these bills.

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.

We have been working with Joe Erdman of Senator Maziarz's office to get the bill written the right way. As you can imagine this is not a simple bill. Senator Kemp Hannon has co-sponsored the Senate bill, along with Senators Flanagan, Larkin, Maltese, Morahan, Nozzolio, Winner and Wright. Assemblymember Heastie, along with Assemblymembers P. Rivera and Pheffer, has put the "same as" bill in the Assembly.

The auxiliary police come under the obsolete Civil Defense Act of 1951. 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.

Police departments tell us we are private citizens. Yet state officials say the language in the NYPD guide may be incorrect. "Under state law, they are limited-function peace officers, but they are peace officers," John Caher, director of public information for the state Division of Criminal Justice Services, said of auxiliary officers. Contrary to the guide, auxiliaries do possess limited powers beyond those of private citizens, Caher said. They are permitted to perform warrantless arrests, and they are required to complete a basic peace officer course run by the state, he added.

But many upstate departments do not train their officers as peace officers. This law will allow for local control of volunteers. But, the state will oversee the training of the volunteers like they do for the volunteer fire services and volunteer ambulance services. The bill also will give volunteer peace officers benefits similar to volunteer firefighters and Ambulance Corps. Members set statewide standards that will have to be met to receive the benefits. The law will give us the legal status of a peace officer while performing authorized activities within the duties assigned by the local municipality.

Visit http://nymap.elections.state.ny.us/nysboe/ to find out who you should write to, type in your address and hit the "find" button. Then hit the information button. You should see the name of your senator and assemblymember. To write to the governor: Eliot Spitzer, State Capitol, Albany, NY 12224.

We need to write them now. We would like to get these bills to the governor by February 2008.

Glenn J. Kearney

President,

New York State Association of Auxiliary Police