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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED POLICE OFFICERS AS SPECIAL POLICE OFFICERS IN THE CITY OF TAUNTON.

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 chief of police of the city of Taunton may appoint, as the chief of police considers necessary, retired Taunton police officers as special police officers to perform police details or duties arising from police details or during the course of police detail work, whether or not related to the detail work. The chief of police shall have sole discretion to appoint retired Taunton police officers as special police officers and shall establish all department rules, procedures and policies concerning these appointments. The chief of police shall appoint retired Taunton police officers who served as regular Taunton police officers and are retired based on superannuation. A retired police officer shall not be initially appointed as a special police officer pursuant to this act if the officer has been retired for more than 4½ years; provided, however, that an officer who has been retired for more than 4½ years may be appointed as a special police officer if the officer was appointed as a constable prior to the effective date of this act. Special police officers shall not be subject to the maximum age restrictions applied to regular Taunton police officers pursuant to chapter 32 of the General Laws, but shall not be eligible to serve as special police officers if they have reached the age of 70. Prior to appointment pursuant to this act, a retired Taunton police officer shall pass a medical examination by a physician or other certified professional chosen or agreed to by the department to determine whether the retired Taunton police officer is capable of performing the essential duties of a special police officer pursuant to this act. The cost of the medical examination shall be borne by the retired Taunton police officer.

SECTION 2. Special police officers appointed pursuant to this act shall not be subject to chapter 31, section 99A of chapter 41 or chapter 150E of the General Laws. 

SECTION 3. When performing the duties set forth in section 1, special police officers shall have the same power to make arrests and to perform other police functions as regular police officers of the city of Taunton. 

SECTION 4. A special police officer shall be appointed for a 1-year term, subject to renewal at the discretion of the chief of police of the city of Taunton; provided, however, that a special police officer shall be subject to suspension or removal by the chief of police at any time. All benefits afforded to special police officers appointed pursuant to this act shall terminate upon conclusion of the employment term. A special police officer’s appointment shall automatically terminate when that officer reaches the age of 70.

SECTION 5. Special police officers appointed pursuant to this act shall be subject to rules and regulations, policies and procedures and requirements imposed by the chief of police of the city of Taunton including, but not limited to, 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, requirements for maintaining a medical or liability insurance policy and requirements regarding uniforms and equipment. The chief of police shall, at the chief of police’s discretion, set a schedule of fees associated with the costs of training, medical examinations, equipment, uniforms and any other requirements considered necessary by the chief of police that shall be paid by a special police officer appointed pursuant to this act. Special police officers appointed pursuant to this act shall not be subject to section 96B of chapter 41 of the General Laws.

SECTION 6. Special police officers appointed pursuant to this act shall be sworn in by the chief of police of the city of Taunton.

SECTION 7. Special police officers appointed pursuant to this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable pursuant to said section 111F of said chapter 41 shall be calculated by averaging the amount earned during the immediately preceding 52 weeks as a special police officer working police details, or averaged over a lesser period of time for any officer designated as a special police officer fewer than 52 weeks before the incapacity. In no event shall payment pursuant to said section 111F of said chapter 41 exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment pursuant to said section 111F of said chapter 41 shall terminate in accordance with said section 111F or at the conclusion of the employment term, whichever occurs first. Special police officers appointed pursuant to this act shall not be subject to sections 85H or 85H½ of said chapter 32 of the General Laws and shall not be eligible for benefits pursuant to said sections 85H or 85H½ of said chapter 32.

SECTION 8. Appointment as a special police officer in the city of Taunton shall not entitle the appointee to assignment to any detail.

SECTION 9. Retired Taunton police officers serving as special police officers pursuant to this act shall be subject to the limitations on hours worked and on earnings restrictions in paragraph (b) of section 91 of chapter 32 of the General Laws.

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