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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE CITY OF SOMERVILLE.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Notwithstanding any general or special law to the contrary, the mayor of the city of Somerville may appoint special police officers as he deems necessary for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, regardless of whether or not related to detail work. Special police officers so appointed shall not have reached the age of 66 years old. A special police officer shall have passed a medical examination, by a physician or other certified medical professional chosen by the city, to determine that the officer is capable of performing the essential duties of a special police officer, the cost of which examination shall be borne by the special police officer prior to performing police details or any police duties. A special police officer must be a former city of Somerville police officer retired for superannuation pursuant to section 5 of chapter 32 of the General Laws or a current Somerville housing authority police officer.

SECTION 2. Unless otherwise set forth in this act, chapter 31 of the General Laws, chapter 32 of the General Laws, section 99A of chapter 41 of the General Laws, sections 100 and 111F of chapter 41 of the General Laws and chapter 152 of the General Laws, and rules promulgated under such laws, shall not apply to special police officers appointed under this act, except that current Somerville housing authority police officers appointed as special police officers under this act shall be entitled to the benefits provided in said chapter 152 of the General Laws under insurance coverage provided by or through the Somerville housing authority and such appointment as a special police officer shall not be effective without such coverage.

SECTION 3. Special police officers shall, when performing the duties pursuant to section 1 above, have the same power to make arrests and to perform other police functions as regular police officers of the city.

SECTION 4. Special police officers may be appointed for a term of 1 year or less and may be suspended, removed or discharged at any time by the mayor with 14 days written notice. Upon request, the mayor shall provide the reasons for suspension, removal or discharge in writing. Such suspension, removal or discharge shall be the final decision of the city.

SECTION 5. Special police officers shall also be subject to the rules and regulations, policies and procedures and requirements of the Somerville police chief, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications, and requirements regarding uniforms and equipment. Special police officers who are retired Somerville police officers shall not be subject to section 96B of chapter 41 of the General Laws.

SECTION 6. Special police officers shall be sworn before the city clerk of the city who shall keep a record of all such appointments.

SECTION 7. Appointment as a special police officer does not entitle any individual appointed as such to assignment to any detail or details.

SECTION 8. Special police officers appointed pursuant to this act who are retired Somerville police officers shall be subject to the limitations on hours worked and on payments to retired city employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws. The police chief shall devise a method for the assignment of details to retired police officers, with the approval of all relevant collective bargaining units.

SECTION 9. Chapter 368 of the acts of 1986 is hereby repealed.

SECTION 10. This act shall take effect upon its passage.

Approved July 27, 2006.