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HomeMy WebLinkAboutReso 4585-1966RESOLUTION NO. 4585 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION PROVIDING FOR ADDITIONAL INDEM- NITY TO SURVIVORS OF POLICEMEN AND FIREMEN BE IT RESOLVED BY the City Council of the City of South San Francisco that: WHEREAS, the City Council desires to evaluate and con- sider the feasibility of providing a supplemental indemnity for the survivors of policemen and firemen killed under cer- tain circumstances, and pending determination Whether such a plan should be adopted, desires to provide in the interim a method pursuant to which the Council may make a discretion- ary determination to order or not order a supplemental indem- nity to certain survivors of policemen and firemen whose death occurs under the circumstances hereinafter recited. NOW, THEREFORE, IT IS HEREBY ORDERED that 1. CIRCUMSTANCES FOR CONSIDERING WHETHER INDEMNITY MAY BE PAID: A supplemental indemnity as hereinafter set forth may be paid to the surviving spouse or minor children of a police- man or fireman killed under the following circumstances: A. POLICEMEN: When a policeman on duty is killed by: (1) The willful act of a person he is pursuing to question or take into Custody;:or the.will~Ul act'.of ano~'~r person done to prevent or interfere with the policeman's pursuit or taking into custody; or (2) The willful act of a person in custody; or the willful act of another person to interfere with the police- man's custody; or (3) The willful act of a person to prevent de- tection or apprehension by the policeman; or (4) The act of a person done with intent to do bodily harm to a policeman including an act of revenge by said person against a policeman while he is on or off duty for prior enforcement of the law by said policeman against said person or an act of revenge against the policeman be- cause he is a law enforcement officer and the person com- mitting the act does so because he knows the policeman is a law enforcement officer and commits the act against him because of it; or (5) While said policeman is performing his duties at the site of a public disaster or riot. B. FIREMEN': When a fireman on duty is killed: (1) While performing his duties at the site of a fire or other public disaster; or (2) While inspecting storage of explosives or other dangerous materials or disposing of same for the purpose of fire prevention and public safety; or (3) By the willful act of another when he is re- sponding to a call to the site of a fire or public disaster. 2. REPORT AND RECOMMENDATIONS: DETERMINATION BY CITY COUNCIL WHETHER SUPPLEMENTAL INDEMNITY SHALL BE PAID: When a policeman or fireman is killed under the '~ircum- stances hereinabove recited, the Department"Head shall file with the City Manager a report and re6ommendation which shall contain details of the incident, a tabulation of the benefits accruing to the surviving spouse and children, and a re- commendation with reasons therefor as to whether the Council should consider the grant of a supplemental indemnity as herein provided. The City Manager shall forward the report and recommendation to the Council with his recom- mendations endorsed thereon. Thereafter the Council shall determine whether the facts presented or otherwise obtained warrant the granting of a supplemental indemnitY. The Council ia making said determination may consider the~-finan- cial needs of the surviving spouse and children as indicated by the indemnities and benefits accruing to them from com- pensation rights, retirement rights, third party claims, and otherwise. 3. LIMITS OF THE SUPPLEMENTAL INDEMNITY: Should the Council determine that a supplemental in- demnity be paid to the surviving spouse or children of the policeman or fireman killed as herein provided, the supple- mental indemnity may be ordered paid as a monthly indemnity, the monthly indemnity not to exceed a sum which when added to the compensation benefits, retirement benefits and re- covery on third party claims totals the take-home pay of · said policeman or fireman on the date of his death. Should the Council be unable to determine the amount of the third party recovery at the time it makes the deter- mination to provide a supplemental indemnity, the Council may make provision for modification .of'thg.~upPlemental. inde~'~ty order to take into account the value of the third party claim when same is determined. The Council may order the supplemental indemnity paid for a reasonable period of time, not to exceed the time bet- ween date of the policeman's or fireman's death to the date on which the policeman or fireman could have volun- tarily retired if he had lived and continued in service, and may provide in said order for termination of the supple- mental indemnity on death or remarriage of said spouse. The City Council may order the supplemental indemnity paid to the minor children if there is no surviving Spouse and they are under 18 years of age or should the surViving spouse, having not remarried, die prior to the voluntary retirement date, and said children are under 18 years of age. Should the supplemental indemnity be ordered paid to the children under either of these circumstances, the in- demnity may be paid in pro rata"~hares to them or their guardian for their benefit, with the share of each terminat- ing on his or her 18th birthday or the said voluntary re- tirement date, whichever occurs first. 4. PURPOSE OF THIS RESOLUTION: TERMINATION SIX MONTHS AFTER PASSAGE: The purpose of this resolution is to provide a basis and procedure whereby the Council may during the interim period make a discretionary determination, to order or not order a supplemental indemnity to certain survivors of po- licemen and firemen whose death occurs under the circum- stances recited herein; and if same is ordered,~:.to dete~-~ mine the amount of the indemnity, the"period of time which it is to be paid and conditions upon which it may be modified or terminated. This resolution shall be in effect for not more than six months from the date of adoption during which time the Council will determine the feasi-' bility of providing a program for a supplemental indem- nity to certain survivors of policemen and firemen killed under the conditions as herein recited· I hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the 5th day of 1966, by the following vote: AYES, COUNCILMEN regular December Frank J. Bertucelli, Patrick E. Ahem, Emilio Cortesi, Andrew Rocca and Guido J. Rozzi NOES, " None ABSENT, " Mone Cit~ Clerk