HOUSE DOCKET, NO. 4457        FILED ON: 9/2/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4458

The Commonwealth of Massachusetts

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PRESENTED BY:

Christopher M. Markey

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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 relative to the appointment of retired police officers as special police officers in the town of Dartmouth.

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PETITION OF:

HOUSE DOCKET, NO. 4457        FILED ON: 9/2/2014

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4458

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act relative to the appointment of retired police officers as special police officers in the town of Dartmouth.

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 select board of the town of Dartmouth may appoint, upon the recommendation of the chief of police of the town of Dartmouth, retired Dartmouth 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; provided, however, that a retired police officer so appointed shall have been a regular Dartmouth police officer who retired based on superannuation.  A special police officer appointed pursuant to this act shall not be subject to maximum age restrictions applied to regular police officers pursuant to chapter 32 of the General Laws; provided, however, that a special police officer shall not be eligible to serve as such upon reaching the age of 70.  Prior to appointment, 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 officer is capable of performing the essential functions and duties of a special police officer, the cost of which shall be borne by the retired officer.

SECTION 2.  A special police officer appointed pursuant to this act shall not be subject to chapter 31, section 99A or 111F of chapter 41, or chapter 150E of the General Laws.

SECTION 3.  A special police officer, while performing the duties authorized by section 1, shall have the same powers to make arrests and perform other functions as a regular police officer in the town of Dartmouth.

SECTION 4. A special police officer shall be appointed for a term of 1 year, subject to removal or suspension by the chief of police of the town of Dartmouth, with the approval of the select board at any time.  In the case of removal, a special police officer shall be provided with written notice 14 days prior to removal. Upon request, the chief of police shall provide the reasons for removal or suspension in writing.

SECTION 5.  A special police officer appointed pursuant to this act shall be subject to the rules, regulations, policies, procedures and requirements of the chief of police of the town of Dartmouth, 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.  A special police officer shall not be subject to Section 96B of chapter 41 of the General Laws. The cost of all training equipment and uniforms shall be borne by the special police officer.

SECTION 6.  A special police officer appointed pursuant to this act shall be sworn before the town clerk, who shall keep a record of all appointments.

SECTION 7. A special police officer appointed pursuant to this act shall be subject to section 100 of chapter 41 of the General Laws; provided, that eligibility pursuant to said section 100 of said chapter 41 shall not terminate when the special police officer reaches age 65.  A special police officer appointed pursuant to this act shall not be subject to section 85H of chapter 32 of the General Laws or eligible for any benefits pursuant to that section.

SECTION 8.  An individual appointed as a special police officer pursuant to this act shall be eligible for assignment to any detail, as authorized by the chief of police of the town of Dartmouth.

SECTION 9.  A retired police officer serving as special police officer pursuant to this act shall be subject to the limitations on hours worked and payments to retired town employees in paragraph (b) of section 91 of chapter 32 of the General Laws.

SECTION 10.  A special police officer appointed pursuant to this act shall not be eligible to collect unemployment compensation pursuant to chapter 151A of the General Laws.