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The 191st General Court of the Commonwealth of Massachusetts

AN ACT PROVIDING FOR THE APPOINTMENT OF RETIRED POLICE OFFICERS AS SPECIAL POLICE OFFICERS IN THE TOWN OF WESTON

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 town manager of the town of Weston may appoint, at the recommendation of the chief of police and as the chief of police deems necessary, retired police officers as special police officers to perform police detail or any police duties arising from police details or during the course of police detail work, whether or not related to the detail work. Such retired police officers shall have been regular full-time police officers in the town of Weston who voluntarily retired based upon superannuation. The special police officers shall be subject to the same maximum age restriction as applied to regular police officers under chapter 32 of the General Laws. Prior to their appointment, the special police officers shall provide certification to the town that they are covered by personal health insurance and shall 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.

SECTION 2.  Special police officers appointed under this act shall not be subject to chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E of the General Laws; provided, however, that they shall be subject to chapter 151A of the General Laws.

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

SECTION 4.  Special police officers shall be appointed for an indefinite term to serve at the pleasure of the town manager of the town of Weston, subject to removal by the town manager at any time with a 14-day written notice.

SECTION 5.  Special police officers appointed under this act shall be subject to the rules and regulations, policies, procedures and requirements of the police department and the chief of police of the town of Weston, including: (i) restrictions on the type of detail assignments; (ii) requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms qualifications and licensing; and (v) requirements regarding uniforms and equipment; provided, however, that the cost of compliance with all requirements shall be at no cost to the town of Weston. Special police officers appointed under this act shall not be subject to section 96B of chapter 41 of the General Laws.

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

SECTION 7.  Special police officers appointed under 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 before the incapacity. In no event shall payment under said section 111F of said chapter 41 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; provided, however, that if the age limitation applicable to regular police officers serving in a town is increased beyond 65 years of age, the termination of benefits under said section 111F of said chapter 41, as applicable to special police officers under this act, shall terminate at such a higher age limit; and provided further, that in no event shall the benefits extend beyond the age of 70 for any special police officer. Special police officers appointed under this act shall not be subject to or eligible for any benefits under section 85H or 85H1/2 of said chapter 32.

SECTION 8.  Appointment as a special police officer under this act shall entitle any individual appointed as such 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. 

SECTION 9.  Retired police officers, serving as special police officers under 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, May 4, 2020.