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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE APPOINTMENT OF RETIRED POLICE OFFICERS IN THE TOWN OF ESSEX.

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. Subject to the approval of the board of selectmen, the chief of police for the town of Essex may appoint to serve at the pleasure of the chief of police, as the chief of police considers necessary, retired police officers of the town of Essex as special police officers to perform police details or any police duties arising therefrom or during the course of police detail work, whether or not related to the detail work. Such special police officers shall have been regular full-time police officers of the town of Essex who voluntarily retired from the town and not elsewhere based upon superannuation. Special police officers shall be subject to the same maximum age restriction applied to regular police officers under chapter 32 of the General Laws. Special police officers shall, prior to their appointment, pass a medical examination by a physician chosen by the town, to determine that they are capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officers, and shall provide certification to the town that they are covered by personal health insurance.

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

SECTION 3. Special police officers appointed pursuant to this act shall, when performing the duties under section 1, have the same power to make arrests and to perform other police functions as do regular police officers of the town of Essex. 

SECTION 4. Special police officers shall be appointed for an indefinite term to serve at the pleasure of the chief of police, subject to removal by the chief of police at any time upon 14 days written notice before removal. 

SECTION 5. Special police officers appointed pursuant to this act shall be subject to the rules, regulations, policies, procedures and requirements of the chief of police of the town of Essex, 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 qualifications and licensing requirements and requirements regarding uniforms and equipment. A special police officer’s compliance with these requirements shall be at no cost to the town of Essex. 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 before the town clerk, 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 under 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 averaged over such lesser period of time for any officer designated as a special police officer less than 52 weeks prior to incapacity. Payment under said section 111F of said chapter 41 shall not exceed, in any 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 either when a physician designated by the town determines that the disability no longer exists or when a special police officer reaches the age of 65. If the age limitation applicable to regular police officers serving a town is increased from 65 years of age, the termination of benefits under said section 111F of said chapter 41, as provided herein to special police officers, shall terminate at such a higher age limit; provided, however, that the benefits shall not extend beyond the age of 70 for a special police officer. Special police officers appointed pursuant to this act shall not be subject to section 85H or 85H1/2 of said chapter 32 or eligible for benefits pursuant to those sections.

SECTION 8. Appointment as a special police officer pursuant to this act shall entitle an individual to assignment to any detail. Special police officers shall be paid the detail rate applicable to regular full-time officers but shall not be entitled to any other town benefits; provided, however, that said special police officers shall be subject to chapter 151A of the General Laws.

SECTION 9. Special police officers appointed pursuant to 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 10. This act shall take effect upon its passage.

 

Approved, September 27, 2018.