HOUSE DOCKET, NO. 4478        FILED ON: 1/12/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4143

The Commonwealth of Massachusetts

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PRESENTED BY:

Marjorie C. Decker

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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 regarding the appointment of retired Cambridge Police Department officers as special police officers within the city of Cambridge for paid detail assignments.

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PETITION OF:

HOUSE DOCKET, NO. 4478        FILED ON: 1/12/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4143

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act regarding the appointment of retired Cambridge Police Department officers as special police officers within the city of Cambridge 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. The city manager of the city of Cambridge may appoint, as the city

manager considers necessary, retired Cambridge police officers 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 shall

have discretion to appoint only retired Cambridge police officers as special police

officers and shall establish department rules, procedures and policies concerning these

appointments. The city manager shall appoint retired Cambridge police officers who

served as regular Cambridge police officers and are retired based on superannuation.

No retired police officer shall be appointed under this act as a special police officer 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 applied to regular Cambridge police

officers under chapter 32 of the General Laws. Prior to appointment under this act, a

retired Cambridge police officer shall pass a medical examination by a physician or

other certified professional chosen or agreed to by the department to determine

whether the retired Cambridge police officer is capable of performing the essential

duties of a special police officer under this act. The cost of the medical examination

shall be borne by the retired Cambridge police officer.

SECTION 2. Special police officers appointed under this act shall not be subject to

chapter 31, section 99A of chapter 41, or chapter 150E of the General

Laws.

SECTION 3. When performing the duties set forth in section 1, special police

officers shall have the same power to make arrests and to perform other police

functions as do regular police officers of the city of Cambridge.

SECTION 4. A special police officer shall be appointed for a 1-year term, subject to

renewal at the discretion of the city manager; provided, however, that a special police

officer shall be subject to suspension or removal by the city manager at his or her

discretion at any time. All benefits afforded to special police officers appointed under

this act shall terminate upon the conclusion of the employment term. A special police

officer’s appointment shall automatically terminate upon the officer’s 70th birthday.

SECTION 5. Special police officers appointed under this act shall be subject to the

rules and regulations, policies and procedures and requirements as the police

commissioner 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 of a medical or liability insurance policy,

and requirements regarding uniforms and equipment. The police commissioner shall, at

the police commissioner’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 police commissioner that shall be paid by the special police officer appointed under this act. 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 in by

the police commissioner for the city of Cambridge.

SECTION 7. Sections 100 and 111F of chapter 41 of the General Laws shall not

apply to special police officers appointed under this act. Sections 85H and 85H½ of

chapter 32 of the General Laws shall not apply to special police officers appointed under

this act.

SECTION 8. Appointment as a special police officer shall not entitle the appointee

to assignment to any detail.

SECTION 9. Retired Cambridge police officers serving as special police officers

under this act shall be subject to the limitations on hours worked and on earnings

restrictions as provided in paragraph (b) of section 91 of chapter 32 of the General

Laws.

SECTION 10. The City Manager as the appointing authority for the City will have

final say in all appointments and removals of special police officers under this act.

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