HOUSE DOCKET, NO. 3820        FILED ON: 8/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3643

The Commonwealth of Massachusetts

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PRESENTED BY:

Brian R. Mannal and Cleon H. Turner

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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 city known as the town of Barnstable.

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PETITION OF:

HOUSE DOCKET, NO. 3820        FILED ON: 8/7/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3643

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act authorizing the appointment of special police officers in the city known as the town of Barnstable.

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 Barnstable may appoint upon recommendation of the Chief of Police, retired Barnstable Police Officers as Special Police Officers for the purpose of performing police details or any other police duties arising therefrom or during the course of police detail work, whether or not related to the detail work; provided however, that such retired police officer shall have been a regular Barnstable Police Officer who retired based on superannuation. These Special Police Officers shall not be subject to the maximum age restrictions applied to regular police officers under Chapter 32 of the General Laws, but shall not be eligible to serve as special police officers if they have reached the age of 70.  Prior to appointment, retired police officers shall pass a medical examination conducted by a physician or other certified professional chosen by the town, to determine whether such officers are capable of performing the essential duties of a Special Police Officer and that cost thereof shall be born by the retired officers.

SECTION 2. Special Police Officers appointed under this act shall not be subject to Chapter 31 or Chapter 150E of the General Laws or sections 99A, or 111F of Chapter 41.

SECTION 3. Special Police Officers when performing their duties under section 1, have the same powers to make arrests and perform other functions as do regular police officers in the Town of Barnstable.

SECTION 4. Special Police Officers shall be appointed for a term of one year, subject to removal or suspension by the chief of Police with the approval of 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 Chief of Police shall provide the reasons for removal or suspension in writing.

SECTION 5. Special Police Officers appointed under this act shall be subject to the rules and regulations, policies and procedures and requirements of the Chief of Police of the Town of Barnstable, 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 uniforms and equipment. Special Police Officers shall not be subject to section 96B of Chapter 41 of the General Laws.  The cost of all training equipment, and uniforms shall be born by the Special Police Officer.

SECTION 6. Special Police Officers shall be sworn before the town clerk who shall keep a record of all appointments.

SECTION 7. Special Police Officers appointed under this act shall be subject to section 100 of Chapter 41 of the General Laws.  Since Special Police Officers in the Town of Barnstable are not subject to the maximum age restriction, eligibility under section 100 does not terminate when the Special Police Officer reaches age 65.  Special Police Officers appointed under this act shall not be subject to section 85H of Chapter 32 of the General Laws, or eligible for any benefits under that section.

SECTION 8.  An individual who is appointed as a Special Police Officer under this act shall be eligible for assignment to any detail, as authorized by the Chief of Police.

SECTION 9.  Retired police officers in the Town of Barnstable serving as Special Police Officers under this act shall be subject to the limitations on hours worked and payments to retired town employees under MGL c.32 s.91(b).

SECTION 10. Special Police Officers appointed under this act shall not be eligible to collect unemployment compensation under MGL c. 151A.

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