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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 FOR PAID DETAIL ASSIGNMENTS IN THE CITY OF CAMBRIDGE.

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. (a) The city manager of the city of Cambridge may appoint, as the city manager considers necessary, retired police officers of the city of Cambridge as special police officers to perform police details or any duties arising from police details or during the course of police detail work, whether or not related to the detail work. The city manager shall establish rules, procedures and policies for the police department of the city of Cambridge concerning the appointment of special police officers. 

Only retired police officers who served as regular police officers of the city of Cambridge and retired based on superannuation shall be appointed as special police officers. A retired police officer shall not be appointed as a special police officer if that officer has been retired for more than 5 years. Special police officers shall not be subject to the same maximum age restrictions as applied to regular police officers under chapter 32 of the General Laws. Before being appointed pursuant to this act, a retired 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 pursuant to this act. The cost of the medical examination shall be borne by the retired police officer.

(b) 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.

(c) When performing the duties under subsection (a), a special police officer appointed pursuant to this act shall have the same power to make arrests and to perform other police functions as a regular police officer of the city of Cambridge.

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

(e) A special police officer appointed pursuant to this act shall be subject to the rules, regulations, policies, procedures and requirements imposed by the police commissioner from time to time 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 of a medical or liability insurance policy; and (vi) requirements regarding uniforms and equipment. The police commissioner shall, at the police commissioner’s discretion, set a schedule of fees to be paid by a special police officer appointed pursuant to this act that are associated with the costs of training, medical examinations, equipment, uniforms and any other requirements that the police commissioner considers necessary. A special police officer appointed pursuant to this act shall not be subject to section 96B of chapter 41 of the General Laws.

(f) A special police officer appointed pursuant to this act shall be sworn in by the police commissioner for the city of Cambridge.

(g) A special police officer appointed pursuant to this act shall not be subject to section 85H or 85H½ of chapter 32 or section 100 or 111F of chapter 41 of the General Laws

(h) A special police officer appointed pursuant to this act shall not be entitled to assignment to any detail.

(i) A special police officer appointed 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.

(j) The city manager’s authority to appoint and remove a special police officer pursuant to this act shall not be subject to review by another employee or official of the city of Cambridge.

SECTION 2. This act shall take effect in the city of Cambridge upon its acceptance by a vote of the city council of the city of Cambridge, but not otherwise.

SECTION 3. This act shall take effect upon its passage.