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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE TOWN OF NATICK.

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. The board of selectmen of the town of Natick may appoint retired Natick police officers as special police officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work. A special police officer shall have been a regular Natick police officer and retired based on superannuation. A special police officer appointed under this act shall be subject to the maximum age restriction as that which applies to a regular police officer under chapter 32 of the General Laws. A special police officer appointed under this act shall pass a medical examination by a physician or other certified professional chosen by the town to determine that he is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing police details.

SECTION 2. A special police officer appointed under this act shall not be subject to chapter 31 or section 99A of chapter 41 of the General Laws.

SECTION 3. A special police officer appointed under this act, when performing duties authorized by section 1, shall have the same power to make arrests and perform other police functions as a regular police officer of the town of Natick.

SECTION 4. A special police officer appointed under this act shall be appointed for an indefinite term, subject to removal by the board of selectmen at any time upon written notice of the board of selectmen.

SECTION 5. A special police officer appointed under this act shall be subject to suspension at any time at the sole discretion of the chief of police.

SECTION 6. A special police officer appointed under this act shall be subject to the rules and regulations, policies and procedures and requirements of the police department and the chief of police, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continued capability to perform the duties of a special police officer and requirements regarding uniform and equipment. A special police officer appointed under this act shall not be subject to section 96B of chapter 41 of the General Laws.

SECTION 7. A special police officer appointed under this act shall be sworn before the town clerk, who shall keep a record of all such appointment.

SECTION 8. A special police officer appointed under this act shall be subject to section 100 and section 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 to an incapacitated special police officer shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details, or averaged over such lesser period of time for an officer designated as a special police officer for less than 52 weeks prior to the incapacity. Payment under said section 111F of said chapter 41 shall not exceed, in a calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F of said chapter 41 shall terminate when a special police officer reaches the age of 65. In the event that the age limitation applicable to a regular police officer serving the town is increased from the current 65 years of age, the termination of benefits under said section 111F of said chapter 41, as provided in this act to a special police officer, shall terminate at such higher age limit, but in no event shall the benefits extend beyond the age of 70 for a special police officer. A special police officer appointed under this act shall not be subject to section 85H of said chapter 32 or be eligible for benefits under said section 85H of said chapter 32.

SECTION 9. An appointment as a special police officer under this act shall not entitle an individual appointed as such to assignment to any detail.

SECTION 10. A retired Natick police officer serving as a special police officer under this act shall be subject to the limitations on hours worked and on payments to retired town employees under paragraph (b) of section 91 of chapter 32 of the General Laws.

SECTION 11. This act shall take effect upon its passage.

Approved April 24 , 2008