HOUSE DOCKET, NO. 5159        FILED ON: 9/20/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4918

The Commonwealth of Massachusetts

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PRESENTED BY:

Louis L. Kafka

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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 town of Stoughton.

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PETITION OF:

HOUSE DOCKET, NO. 5159        FILED ON: 9/20/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4918

The Commonwealth of Massachusetts

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

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An Act authorizing the appointment of special police officers in the town of Stoughton.

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 Stoughton may appoint retired police officers of the town of Stoughton as special police officers to perform 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, that the retired police officer shall have been a regular, full-time police officer of the town of Stoughton who retired in good standing and based on superannuation. A special police officer appointed pursuant to this act shall not be subject to the maximum age restrictions for police officers set forth in chapter 32 of the General Laws, but shall not be eligible to serve as a special police officer once the special police officer has reached the age of 70.

SECTION 2. Prior to appointment as a special police officer pursuant to this act, a retired police officer shall be required to: (i) pass a medical examination conducted by a physician selected by the chief of police of the town of Stoughton to determine whether the retired police officer is capable of performing the essential duties of a special police officer and (ii) provide proof of such passage to the chief of police. Additional post-appointment fitness for duty examinations may be required of a special police officer by the chief of police if, in the chief of police’s sole discretion, a question as to that special police officer’s fitness for duty has arisen. The cost of all medical examinations pursuant to this section shall be borne by the retired or special police officer.

SECTION 3. A special police officer appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, sections 99A and 111F of chapter 41 of the General Laws or chapter 150E of the General Laws. A special police officer may be required by the chief of police, as a condition of employment, to purchase an insurance policy that indemnifies the town of Stoughton against any workers’ compensation costs in the event that the special police officer is injured while performing the duties of a special police officer.

SECTION 4. A special police officer appointed pursuant to this act shall be subject to the policies, procedures, rules and regulations of the police department of the town Stoughton including, but not limited to, those policies, procedures, rules and regulations governing training, equipment, uniforms, certifications or any other restrictions or requirements related to employment as a special police officer.

SECTION 5. A special police officer of the town of Stoughton, while performing the duties described in this act, shall have the same power of arrest and authority to perform other functions as full-time, regular police officers of the town of Stoughton.

SECTION 6. A special police officer shall be appointed annually for a term of 1 year commencing on July 1, but shall serve at the pleasure of the town of Stoughton and may be suspended or removed from the appointment by the town manager at any time. In the case of removal, the special police officer shall be provided with 14 days’ written notice prior to removal.

SECTION 7. The chief of police of the town of Stoughton may restrict the type of detail assignments that special police officers may work. Special police officers appointed pursuant to this act 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 except as otherwise determined by the chief of police.

SECTION 8. Special police officers of the town of Stoughton shall be sworn before the clerk of the town of Stoughton, who shall keep a record of all appointments and expirations of appointments.

SECTION 9. Special police officers appointed pursuant to this act shall be eligible for indemnification pursuant to section 100 of chapter 41 of the General Laws. Special police officers shall not be subject to section 85H or 85H1/2 of chapter 32 of the General Laws and shall not be eligible for any benefits pursuant to said section 85H or 85H1/2 of said chapter 32.

SECTION 10. The assignment of a special police officer pursuant to this act to a police detail or other duties shall be at the discretion of the chief of police of the town of Stoughton.

SECTION 11. A special police officer appointed pursuant to this act shall be subject to the limitations on hours worked and earnings restrictions as set forth in section 91 of chapter 32 of the General Laws.

SECTION 12. This act shall take effect upon its passage.