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HomeMy WebLinkAboutReso 3537-1962RESOLUTION NO. 3537 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO PROVIDING FOR ADDITIONAL IN- DEMNITY TO SURVIVORS OF POLICEMEN AND FIREMEN BE IT RESOLVED by the City Council of the City of South San Francisco that: WHEREAS, the CitN Council desires to evaluate an~ consider the feasibility of providin~ a supplemental indemnity for the survivors of policemen and firemen killed unde~ certain circumstances, and pendin~ determination whether such a plan should be adopted, desires to provide in the ~nterim a method pursuant to which the Council may make a discretionary determination to order or not order a supplemental indemnity to certain survivors of policemen an~ 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 sur- vivin_~ spouse or minor children of a policeman or fireman killed under the followin_~ circumstances: A. POLICEMEN: When a policeman on duty is killed by: (1) The willful act of a person he is pursuin~ to question or take into custody; or the willful act of another person done to prevent or interfere with the policeman's pursuit or takin~ into custody; or (2) The willful act of a person in custody; or the willful act of another person to interfere with the policeman's custody; or (3) The willful act of a person to prevent detection or apprehension the policeman; or (4) The act of a person done with intent to do bodily harm to a police- man includin~ an act of reven~e by said person a~ainst a policeman while he is on or off duty for prior enforcement of the law by said policeman a~ainst said person or an act of reven~e a~ainst the policeman because he is a law-enforcement officer and the person committin~ the act does so because he knows that the policeman is a law-en- forcement officer and commits the act a~ainst him because of it; or RESOLUTION NO. 3537: (Continued) (5) disaster or riot. While said policeman is performing his duties at the site of a public B. FIREMEN: When a fireman on duty is killed: (1) While performin_~ his duties at the site of a fire or other public disaster; or (2) While inspectin~ storage of explosives or other dangerous materials or disposin~ of same for the purpose of fire prevention and public safety; or (3) By the willful act of another when he is responding to a call to the site of a fire or public disaster. REPORT AND RECOMMENDATIONS: DETERMINATION BY CITY COUNCIL WHETHER SUPPLEMENTAL INDEMNITY SHALL BE PAID: When a policeman or fireman is killed under the circumstances hereinabove re- cited the Department Head shall file with the City Manager a report and recommendation which shall contain details of the incident, a tabulation of the benefits accruing to the surviving spouse and children, and a recommendation 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 recommendations endorsed thereon. Thereafter the Council shall determine whether the facts presented or otherwise obtained warrant the grantin~ of a supplemental indemnity. The Council in makin~ said determination may consider the financial needs of the survivin~ spouse and children as indicated by the indemnities and benefits accruing to them from compensation rights, retirement rights, third party claims, and otherwise. 3. LIMITS OF THE SUPPLEMENTAL INDEMNITY: Should the Council determine that a supplemental indemnity be paid to the sur- vivin~ spouse or children of the policeman or fireman killed as herein provided, the supplemental indemnity may be ordered paid as a monthly indemnity, the monthly indemnity sum not to exceed a sum which when added to the compensation benefits, retirement bene- fits, and recovery 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 recov- ery at the time it makes the determination to provide a supplemental indemnity the Coun- cil may make provision for modification of the supplemental indemnity 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 between date of the policeman or fireman's death to the date on which the policeman or fireman could have voluntarily 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 child- ren if there is no surviving spouse and they are under 18 years of a~e or should the survivin~ spouse, having not remarried, die prior to the voIuntary retirement date, and said children are under 18 years of age. Should the supplemental indemnity be ordered paid to the chiIdren under either of these circumstances, the indemnity may be paid in pro rata shares to them or their guardian for their benefit, with the share of each ter- minating on his or her 18th birthday or the said voluntary retirement 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 policemen and firemen whose death occurs under the circumstances recited herein; and if same is ordered, to deter- mine the amount of indemnity, the period of time durin~ which it is to be paid and con- ditions 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 feasibility of providin~ a pro~ram for a supplemental indemnity to certain survivors of policemen and firemen killed under the conditions as herein recited. I hereby certify that the fore~oin~ resolution was regularly introduced and adopted by the City Council of the Cit~ of South San Francisco at a regular meetin~ held on the 6th day of August, 1962, by the followin~ vote: Ayes, Councilmen Noes, Absent, " Leo J. Ryan, Patrick E. Ahem, Emilio Cortesi, Andrew Rocca, and G. J. Rozzi None None. ATTEST: ARTHUR A. RODONDI City Clerk