This issue directly affects YOU, and YOUR families. It requires your immediate attention, and urgent action.

On March 24, 2008 the official NYPD web site published press release No. 2008-11, which is available for your review. You can read it at:

http://www.nyc.gov/html/nypd/html/pr/pr_2008_011.shtml

It explains that the US Department of Justice has decided NOT to pay the Federal death benefit to the families of Auxiliary Police Officers Eugene Marshalik and Nicholas Pekearo. These UNPAID, NON-SWORN officers were following David Garvin after he shot and killed a pizzaria employee in Manhattan, reporting his location to NYPD HQ via radio. Garvin shot and killed both of them.

Under the Public Safety Officers Benefits program administered by the DOJ, and defined by Congress in Public Law 90-351 (Sec. 1217), a public safety officer is defined as "an individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer." It further defines a law enforcement officer as "an individual involved in crime and juvenile delinquency control or reduction, or enforcement of the criminal laws...." You can read this at DOJ's own web site at:

http://www.ojp.gov/BJA/grant/psob/psob_main.html

where it says, "The PSOB program provides death benefits in the form of a one-time financial payment to the eligible survivors of public safety officers whose deaths are the direct and proximate result of a traumatic injury sustained in the line of duty or certain eligible heart attacks or strokes. As of October 1, 2007 the benefit amount is $303,064." The DOJ also administers disability benefits for public safety officers under certain circumstances.

This issue has a significant impact for all CSOs. If DOJ can succeed in refuting NYPD Commissioner Kelly's appeal in this matter, then a precedent will have been set. These two auxiliary officers did what most of us would have done if we saw a murderer making an escape - maintained a discrete distance and radioed for a sworn officer to assist. In this case, the suspect saw the sworn officers approach, doubled back, and ran straight into the two auxiliaries. Officer Pekearo was wearing a ballistic vest but suffered other fatal wounds. Officer Marshalik was killed by a gunshot wound to the head. They both were "serving a public service agency, without compensation, involved in crime reduction and enforcement of criminal laws..." at the time of their murders.

I STRONGLY URGE YOU to contact your Congresspersons and tell them exactly how you feel about this matter. If DOJ is allowed to get away with this, the precedent will be used to deny YOUR family this important benefit should YOU be murdered or permanently disabled while taking law enforcement action as a CSO. Public Law 90-351 (Sec. 1217) was written before most agencies had a CSO program, and so DOJ is trying to say it doesn't apply to CSOs or auxiliaries. As written, it DOES. (Oh, by the way, the law was amended retroactive to 09/11/01 to include chaplains in the definition of a public safety officer. The same act also protects firefighters, members of a rescue squad or ambulance crew, and FEMA employees (and state, local or tribal employees working in cooperation with FEMA) who are performing official hazardous duties related to a declared najor disaster or emergency.

Again, the survivors of the two NYPD auxiliaries murdered stand to lose (or gain) $303,064 based on how the appeal goes. If the appeal is denied, the next set of survivors losing that benefit may be YOURS. CALL, WRITE, or E-MAIL your representatives in Congress today!

Mike,

Thank you very much for that update. I have followed this topic very closely over the years and have emailed the Department of Justice numerous times inquiring if CSO's were covered under the Public Safety Officers Benefits Program, to which I have never even received a response.

I have been putting together a letter to send to my Congressman for a couple of months now, but this will definitely light a fire under my rear-end. Perhaps a petition is in order for all of us to unite on?

I also strongly urge all of you to NOT LET THIS TOPIC DIE, as it affects ALL OF US.

Take care and be safe!

Tim