(a) Whenever a within rank member of the Police Division is injured due to participation in crime fighting duties or emergency police duties of a high risk nature, which injury causes the member to be disabled from his or her duties, a claim stating all facts and circumstances shall be filed with the Director of Public Safety for payment of wages by the City, not from accumulated sick leave but from regular payroll. The Director shall review the application and shall rule as to whether the injury occurred due to participation in crime fighting duties or emergency police duties of a high risk nature. If he or she so finds, he or she shall order salary payment from the regular payroll account upon presentment of proof of disability from the member's treating physician.
In order for such an injury to apply under this section, the incident forming the basis of the injury must be duly reported in writing to a superior by the close of shift even if the injury itself does not immediately develop or does not immediately appear serious. Such benefit shall commence upon the seventh day from the start of such period of disability and shall continue for six months from such date.
If a member is dissatisfied with the ruling of the Director as to the coverage of his or her injury by this section, the member may appeal the decision for reconsideration to Council as a Whole, and the decision of the majority of Council shall be final.
Duty injuries recognized under this procedure will include serious injuries incurred by a police officer while responding with red light and siren to an emergency; while responding to a robbery or burglary in progress without lights and/or siren; while responding to a crime complaint by which the operating procedure manual requires that no red lights and/or sirens be used; while controlling a domestic argument situation; while directing traffic and being injured by a vehicle striking the officer's person; or while in foot pursuit of a suspect.
In any situation where an off-duty officer is involved in performing police service under any of the above classifications, he or she shall also be covered.
Gross negligence should not be a contributing factor in causing any serious injury under the above resulting in a claim being filed for the same.
Routine or more usual types of accident injuries are not to be included. Some examples of these are as follows: injuries sustained by falls, etc., on routine patrol prior to any emergency situation; any slip or fall in a parking lot or the premises of a City building during routine duty operation; any self- inflicted wound; any injury incurred by a disobedience of orders of police procedure or by obvious carelessness under the circumstances of the situation.
(b) Subsection (a) hereof shall be effective with respect to persons holding the rank of Sergeant, Lieutenant, Captain and Chief of Police until such time as it may be amended or repealed.
(Ord. 102-80. Passed 7-21-80; Ord. 17-81. Passed 4-6-81; Ord. 234-81. Passed 12-21-81; Ord. 93-82. Passed 6-9-82.)