HOUSE DOCKET, NO. 3712        FILED ON: 5/4/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3434

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jonathan Hecht

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act authorizing the appointment of special police officers in the Town of Watertown.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3712        FILED ON: 5/4/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3434

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Eleven

_______________

An Act authorizing the appointment of special police officers in the Town of Watertown.

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 Watertown may appoint, at the recommendation of the police chief and as he deems necessary, retired Watertown police officers as special police officers to perform police details or any other duties arising therefrom or during the course of police detail work, whether or not related to the detail work; provided, however, that the officers shall have been regular Watertown police officers and retired based on 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 appointment under this act, a retired police officer shall pass a medical examination conducted by a physician or other certified professional chosen by the Town to determine whether the retired police officer is capable of performing the essential duties of a special police officer and the cost thereof shall be borne by the retired police officer.

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.

SECTION 3. When performing duties authorized under section 1, special police officers shall have the same power to make arrests and perform other functions as do regular police officers of the Town of Watertown.

SECTION 4. A special police officer shall be appointed for an indefinite term, subject to removal or suspension by the Town Manager at any time. In the case of removal, a special police officer shall be provided with 14 days written notice prior to removal. Upon request, the Town Manager shall provide the reasons for removal or suspension in writing.

SECTION 5. Special police officers shall be subject to the rules and regulations, policies and procedures and requirements of the Town Manager and the chief of police of the Town of Watertown,  including, but not limited to, 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 licensing and qualifications and requirements regarding uniform and equipment. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws. The cost of all training, uniforms and equipment shall be borne by the special police officer.

SECTION 6. Special police officers shall be sworn before the town clerk of the Town of Watertown 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 prior to the incapacity. Payments under said section 111F of said chapter 41 shall exceed, in a calendar year, the limitation on earnings in subsection (b) of section 91 of chapter 32 of the General Laws. Payments under said section 111F of said chapter 41 shall terminate in accordance with section 111F or when a police officer reaches the age of 65, whichever occurs sooner. In the event the age limitation applicable to regular police officers serving a town is increased under chapter 32  from the current 65 years of age, the termination benefits under said section 111F of said chapter 41, as provided herein to special police officers, shall terminate at such higher age limit but shall not extend beyond the age of 70 for a special police officer. Special police officers appointed under this act shall not be subject to section 85H or 85H1/2 of said chapter 32 nor shall they be eligible for any benefits pursuant thereto.

SECTION 8. An appointment as a special police officer shall not entitle that person to assignment to a detail.

SECTION 9. Special police officers appointed pursuant to the act shall be subject to the limitation on hours worked and other restrictions on earnings as provided in subsection (b) of section 91 of chapter 32 of the General Laws.

SECTION 10. This act shall take effect upon its passage.