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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF LOWELL TO APPOINT RETIRED POLICE OFFICERS AS SPECIAL POLICE OFFICERS WITHIN SAID CITY FOR PAID DETAIL ASSIGNMENTS.

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 Lowell may appoint, as the city manager deems necessary, retired police officers of the city of Lowell 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 may appoint only retired police officers of the city of Lowell as special police officers and shall establish department rules, procedures and policies concerning these appointments. The city manager shall appoint retired police officers who served as regular police officers of the city of Lowell and retired based on superannuation. No retired police officer shall be appointed as a special police officer pursuant to this act 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 regular police officers of the city of Lowell pursuant to chapter 32 of the General Laws. Prior to appointment 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)  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.

(c)  When performing the duties set forth in subsection (a), 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 Lowell.

(d)  A special police officer shall be appointed for a term of 1 year, subject to renewal at the discretion of the city manager; provided, however, that a special police officer shall be an at-will appointee subject to 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 upon the officer reaching the age of 70.

(e)  Special police officers appointed pursuant to this act shall be subject to the rules and regulations, policies and procedures and requirements that the superintendent of police of the city may impose from time to time including, but not limited to, restrictions on the type and number of detail assignments, requirements regarding medical examinations to determine continuing fitness and 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 superintendent of police shall, at the superintendent’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 superintendent 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.

(f)  Special police officers appointed pursuant to this act shall be sworn in by the superintendent of police of the city of Lowell.

(g)  Sections 85H and 85H½ of chapter 32 and sections 100 and 111F of chapter 41 of the General Laws shall not apply to special police officers appointed pursuant to this act.

(h)  Appointment as a special police officer shall not entitle the appointee to assignment to any detail.

(i)  Retired police officers serving as special police officers pursuant to this act shall be subject to the limitations on hours worked and earning restrictions pursuant to 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 Lowell.

SECTION 2.  Section 1 shall take effect upon its acceptance by a vote of the city council of the city of Lowell, but not otherwise.

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

Approved, September 3, 2019.