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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED SALEM POLICE OFFICERS AS SPECIAL POLICE OFFICERS WITHIN THE CITY OF SALEM.

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 police chief of the city of Salem may appoint, with the approval of the mayor, as the police chief considers necessary, retired Salem 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 retired Salem police officers shall have been regular police officers in the city of Salem and retired based on superannuation. The police chief shall establish department rules, procedures and policies concerning these appointments. A special police officer shall not be subject to the same maximum age restrictions applied to regular Salem police officers under chapter 32 of the General Laws. Prior to appointment pursuant to this act, a retired Salem police officer shall pass a medical examination by a physician or other certified professional chosen or agreed to by the police department to determine whether the retired police officer is capable of performing the essential duties of a special police officer under this act. The cost of the medical examination shall be borne by the retired Salem police officer.

SECTION 2.  A special police officer 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, a special police officer shall have the same power to make arrests and to perform other police functions as a regular police officer of the city of Salem.

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

SECTION 5.  A special police officer appointed pursuant to this act shall be subject to the rules and regulations, policies, procedures and requirements imposed by the police chief including, but not limited to: (i) restrictions on the type and number of detail assignments; (ii) requirements regarding medical examinations to determine continuing fitness and capability to perform the duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms licensing and qualifications; (v) requirements for maintaining a medical or liability insurance policy; and (vi) requirements regarding uniforms and equipment. A special police officer 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 police chief for the city of Salem.

SECTION 7.  Sections 85H and 85H1/2 of chapter 32 and sections 100 and 111F of chapter 41 of the General Laws shall not apply to a special police officer appointed pursuant to this act.

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

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

SECTION 10.  The police chief of the city of Salem may remove, or refuse to reappoint, a special officer appointed for any reason, with or without cause.

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

Approved, November 27, 2018.