HOUSE DOCKET, NO. 4114        FILED ON: 3/22/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3754

The Commonwealth of Massachusetts

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PRESENTED BY:

Sean Garballey and Cindy F. Friedman

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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 Arlington.

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PETITION OF:

HOUSE DOCKET, NO. 4114        FILED ON: 3/22/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3754

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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

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 Arlington may appoint, at the recommendation of the chief of police and as the chief of police deems necessary, retired police officers as special police officers for the purpose of performing police details and any police duties arising therefrom or during the course of police detail work, whether or not related to the detail work, when the special police officer is on detail assignment and an emergency response by the special police officer is required due to the inability of a regular police officer to timely respond to the emergency. Said retired police officers shall have previously served as regular full-time police officers for the town of Arlington and voluntarily retired based upon superannuation in accordance with chapter 32 of the General Laws.

No retired police officer shall be eligible for appointment pursuant to this act if the officer has reached the mandatory age for retirement of police officers specified in chapter 32 of the General Laws and regulations promulgated thereunder. The employment of any officer appointed pursuant to this act shall terminate upon attaining such age. No officer who has been retired from the town of Arlington police department for more than 5 years shall be eligible for appointment pursuant to this act unless the officer has maintained employment since the date of retirement as an active police officer in the commonwealth. Prior to appointment pursuant to this act, every officer to be appointed shall pass a medical examination by a physician chosen by the town to determine that the officer is capable of performing the essential duties of a special police officer pursuant to this act. The cost of the examination shall be borne by the special police officer. The officer shall provide certification to the town that the officer is covered by personal health insurance.

SECTION 2. Special police officers appointed pursuant to this act shall not be subject to chapter 31 of the General Laws; sections 85H and 85H½ of chapter 32 of the General Laws; sections 99A, 100 or 111F of chapter 41 of the General Laws; or chapter 150E of the General Laws. Special police officers appointed pursuant to this act shall be subject to chapter 151A of the General Laws.

SECTION 3. Special police officers appointed pursuant to this act shall, when performing their duties set forth in this act, have the same power to make arrests and to perform other police functions as do regular police officers of the town of Arlington.

SECTION 4. Special police officers shall be appointed for a term of 1 year subject to renewal in the town manager's sole discretion. During the term of appointment, the officer shall serve at the pleasure of the town manager, subject to removal by the town manager at any time with or without cause. Any such removal shall be preceded by a 14-day written notice unless considerations of public safety and welfare, determined in the town manager's sole discretion, require immediate removal. In such instances, the town manager shall provide the officer with a written statement of reasons for the immediate removal.

SECTION 5. Special police officers appointed pursuant to this act shall be subject to the rules and regulations, policies and procedures and requirements of the police department and the chief of police of the town of Arlington, including 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 qualifications and licensing, and requirements regarding uniforms and equipment. Compliance with all requirements shall be at no cost to the town of Arlington A special police officer appointed pursuant to this act shall be considered a reserve or intermittent police officer and subject to the third paragraph of section 96B of chapter 41 of the General Laws and shall not be considered a full-time police officer

SECTION 6. Special police officers appointed pursuant to this act shall be sworn before the town clerk of the town of Arlington, who shall keep a record of all such appointments.

SECTION 7. Appointment as a special police officer pursuant to this act shall not entitle any officer to assignment to any specific detail or type of detail. All assignments shall be made in the sole discretion of the chief of police. Special police officers appointed pursuant to this act shall be paid the hourly detail rate applicable to regular full-time officers, including any changes to such rate, but shall not be entitled to any other town benefits.

SECTION 8. Retired police officers appointed as special police officers pursuant to this act shall be subject to the limitations on hours worked and on earnings by retired municipal employees described in paragraph (b) of section 91 of chapter 32 of the General Laws. Any such officer shall, on or before January 31 of each calendar year, file a sworn statement with the Arlington contributory retirement board on a prescribed form identifying the compensated number of hours worked for, and all earnings therefrom, for the commonwealth and any of its subdivisions for which the police officer worked during the preceding calendar year.

SECTION 9. This act shall take effect upon its passage.