NORTH CAROLINA GENERAL ASSEMBLY

1961 SESSION

 

 

CHAPTER 618

HOUSE BILL 825

 

 

AN ACT TO AUTHORIZE THE CITY COUNCIL OF THE CITY OF DURHAM TO PROVIDE FOR AUXILIARY POLICEMEN AND AUXILIARY FIREMEN UPON THE CONDITIONS, RESTRICTIONS, AND LIMITATIONS MORE SPECIFICALLY DESCRIBED HEREIN; AND FOR OTHER PURPOSES.

 

The General Assembly of North Carolina do enact:

 

Section 1. The City Council of the City of Durham is hereby authorized to provide by ordinance duly enacted for the organization, recruiting, training, equipping and appointing auxiliary policemen and auxiliary firemen for the City of Durham, subject to the following conditions:

(a)       Auxiliary policemen and firemen duly appointed by the proper authorities of the City of Durham, pursuant to this Act, shall, while training and while performing duties on behalf of the City of Durham incidental to their appointment, be entitled to the benefits of Chapter 97 of the General Statutes of North Carolina, designated "Workmen's Compensation Act," to the same extent that regular employees of the City of Durham are entitled to the benefits of said Act. For the purposes of determining the basis for Workmen's Compensation payments to auxiliary policemen such payments shall be based upon the entrance salary of a regular police patrolman of the City of Durham at the time of injury to an auxiliary policeman. For the purpose of determining the basis for Workmen's Compensation payments to auxiliary firemen such payments shall be based upon the entrance salary of a regular fireman of the City of Durham at the time of injury to an auxiliary fireman.

(b)       Auxiliary policemen and firemen, appointed pursuant to this Act, shall not be entitled to pay for their services unless called into active duty by the City Council of the City of Durham because of emergency, in which event they may receive such compensation for their services as shall be fixed by ordinance adopted by the City Council. Said auxiliary policemen and firemen shall not be entitled to any of the benefits provided for regular employees of the City of Durham, except Workmen's Compensation as set out in this Section. Provided, that this subsection shall not in any manner affect the rights of any person to benefits provided by the State of North Carolina or by Act of Congress for civilian defense workers or auxiliary policemen or firemen.

(c)       The City of Durham shall be entitled to the same immunities with respect to the action of auxiliary policemen and auxiliary firemen in the performance of their duties, while training or otherwise, that it is entitled to with respect to the action of the regular policemen and firemen of the City of Durham in the performance of their duties.

Sec. 2. All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 3. This Act shall be in full force and effect from and after its ratification.

In the General Assembly read three times and ratified, this the 2nd day of June, 1961.