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The 191st General Court of the Commonwealth of Massachusetts

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

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 board of selectmen of the town of Burlington may appoint, at the recommendation of the police chief and as the police chief deems necessary, individuals with a law enforcement background as special police officers to perform police details or duties arising from or during the course of police detail work, whether or not related to that work. Prior to appointment under this act, a special police officer shall pass a medical examination conducted by a physician or other certified professional chosen by the town, to determine whether the special police officer is capable of performing the essential duties of a special police officer. The cost of that medical examination shall be borne by the special 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 authorized under section 1, special police officers shall have the same power to make arrests and perform other functions as regular police officers of the town of Burlington.

SECTION 4.  A special police officer appointed pursuant to this act shall be appointed for an indefinite term, subject to removal or suspension by the board of selectmen at any time. In the case of removal, a special police officer shall be provided with 14 days written notice before removal.  Upon request, the board of selectmen shall provide the reasons for removal or suspension in writing.

SECTION 5.  Special police officers appointed pursuant to this act shall be subject to the rules and regulations, policies, procedures and requirements of the board of selectmen and the chief of police of the town of Burlington 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 and requirements regarding uniforms and equipment. A special police officer appointed pursuant to this act shall be considered a reserve or intermittent police officer and subject to the third paragraph of section 96B of chapter 41 of the General Laws and shall not be considered a full-time police officer. The cost of all training, uniforms and equipment shall be borne by the special police officer.

SECTION 6.  Special police officers appointed pursuant to this act shall be sworn in before the town clerk of the town of Burlington, who shall keep a record of all such appointments.

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 over the prior 52 weeks as a special police officer working police details, or by averaging the amount over a lesser period of time for an officer designated as a special police officer less than 52 weeks prior to the incapacity. Payments pursuant to said section 111F of said chapter 41 shall not exceed, in a calendar year, the limitation on earnings set forth in paragraph (b) of section 91 of chapter 32 of the General Laws. Payments pursuant to said section 111F of said chapter 41 shall terminate in accordance with said section 111F of said chapter 41 or when a special police officer reaches the age of 65, whichever occurs sooner. If the age limitation applicable to regular police officers serving a town pursuant to said chapter 32 is increased from the current 65 years of age, the termination benefits pursuant to said section 111F of said chapter 41, as provided pursuant to this act to special police officers, shall terminate at the higher age limit, but those termination benefits shall not extend beyond the age of 70 for special police officers. Special police officers appointed pursuant to this act shall not be subject to sections 85H, 85H½ or 89E of said chapter 32 nor shall they be eligible for benefits pursuant to those sections.

SECTION 8.  Appointment as a special police officer pursuant to this act shall not entitle a person to assignment to a detail.

SECTION 9.  Special police officers appointed pursuant to this act shall be subject to the limitation on hours worked and other restrictions on earnings in paragraph (b) of section 91 of chapter 32 of the General Laws.

SECTION 10.  A special police officer appointed pursuant to this act shall not be subject to maximum age restrictions applied to regular officers pursuant to chapter 32 of the General Laws, but shall not be eligible to serve as a special police officer upon reaching the age of 70. This section shall apply to a special police officer appointed before or after the effective date of this act.  

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

Approved, August 17, 2018.