Reserve Force History
Origin and Background
In 1950, the
81st
Congress of the United States of America
passed the Public Law #920, entitled "The Civil Defense Act of 1950"
authorizing a
Federal Civil Defense Program.
In 1951, the New York State Legislature enacted the "Defense Emergency
Act" At the time; there was substantial federal and state concern about
a nuclear attack by the Soviet Union and other communist countries. A
comprehensive plan was needed to ensure the safety and survival of the
citizens of New York in the event of an anticipated or actual nuclear
attack. The Act imposes, upon virtually every county in the state, the
obligation to recruit, train, equip and discharge auxiliary police
officers.
Article 3 §23
of the Act, Specific requirements in cities and counties, states
that each county, except those contained in the city of New York, and
each city shall "...in order to prepare for attack and for the
period of rehabilitation and recovery following an attack"
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.
The Act also provides Worker's Compensation coverage and immunity (Article
9 §113)
for negligent acts only when auxiliary police officers are performing
duties "relating to civil defense, including but not limited to
activities pursuant thereto, in preparation for anticipated attack,
during attack, or following attack or false warning thereof, or in
connection with an authorized drill or test".
In order to maintain their peace officer status, all Auxiliary Police
officers are required by New York State to pass an annual refresher
course in the use of force with the straight baton, arrest procedures,
and Equal Employment Opportunity (EEO).
Evolution and Current
Scope of Duties
Today, Auxiliary Police are trained and extensively utilized by police
departments for a myriad of activities far outside of the original
intent, scope and authorization of the New York State Defense Emergency
Act. In
Fitzgibbon,
infra, the Supreme Court, Appellate Division, Second Department
found,
"...it is clear that the contemporary functions of auxiliary police
units have evolved beyond those contemplated by the framers of the
Act... ...there is little question that auxiliary police units
have been principally deployed in order to assist law enforcement
personnel in combating the threat of crime from within, and less so as
the statutorily envisaged civilian reserve to be mobilized in
preparation for the perceived threat of external invasion or natural
disaster."
Today,
auxiliary police officers wear uniforms almost identical to regular
police, drive police cars which look almost identical to regular police
cars and which are equipped with the same emergency lights, sirens and
police radios. Recently, after two New York City Auxiliary
Police Officers were shot and killed while on a routine patrol, police
departments have begun to outfit auxiliary police officers with bullet
resistant vests. The duties and activities of auxiliary police
vary among different police departments and may include the following
routine functions not authorized by the Act:
-
Directing vehicular traffic at accidents, inoperative traffic
lights, parades, fairs, special events, religious events;
-
Crowd control at special events;
-
Neighborhood patrols in marked and unmarked patrol cars as the "eyes
and ears" of the police department for the purpose of detecting and
reporting crime, accidents, and searching for missing persons;
-
Auxiliary police may patrol trains, train stations, subway stations
and bus terminals;
-
In some counties, auxiliary police perform duties such as checking
vacation homes, participating in emergency rescues, riding as second
man in patrol cars and performing administrative work for police
departments.
