HOUSE DOCKET, NO. 4311        FILED ON: 6/30/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3971

The Commonwealth of Massachusetts

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PRESENTED BY:

William C. Galvin

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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 in the town of Canton.

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PETITION OF:

HOUSE DOCKET, NO. 4311        FILED ON: 6/30/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3971

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 in the town of Canton.

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 Canton may appoint, as it deems necessary, retired police officers as special police officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, whether or not related to the detail work.  Such retired police officers must have been regular police officers and retired based upon superannuation. Special police officers appointed pursuant to this act shall not be subject to the maximum age restriction applied to regular police officers pursuant to Chapter 32 of the General Laws or section 2 of chapter 415 of the acts of 1987; provided, however, that a special police officer appointed pursuant to this act shall not be eligible to serve after the last day of the month during which the officer reaches the age of 70. Such special police officers must pass a medical examination, by a physician or other certified professional chosen by the Town, to determine that the retired police officer is capable of performing the essential duties of a special police officer, the cost of which medical examination shall be borne by the special police officer, prior to performing police details.

Section 2.  Special police officers appointed under this Act shall not be subject to chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.

Section 3.  Special police officers appointed under this act shall, when performing the duties under section 1, have the same power to make arrests and perform other police functions as do regular police officers of the Town of Canton.

Section 4.  Special police officers shall be appointed for an indefinite term, subject to removal by the Police Chief with approval of the Select Board at any time with 14 days written notice.  Upon request, the Police Chief shall provide the reasons for removal in writing.

Section 5.  Special police officers appointed under this act shall also be subject to the rules and regulations, policies and procedures and requirements of the Chief of Police of the Town of Canton, 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 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.

Section 6.  Special police officers appointed under this act shall be sworn before the Town Clerk of the Town of Canton who shall keep a record of all such appointments.

Section 7.  Special police officers appointed under this Act shall be subject to section 100 and section 111F of chapter 41 of the General Laws.  The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details, or averaged over such lesser period of time for any officer designated as a special police officer less than 52 weeks prior to the incapacity.  In no event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws.   Payment pursuant to said section 111F of said chapter 41 shall terminate not later than the last day of the month during which the officer reached the age of 70.  Special police officers appointed under this act shall not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.

Section 8.  Appointment as a special police officer shall entitle any individual appointed as such to assignment to any detail.

Section 9.  Retired police officers, serving as special police officers under this Act shall be subject to the limitations on hours worked and on payments to retired town employees under paragraph (b) of section 91 of chapter 32 of the General Laws to the extent such law is in effect during such service.

Section 10.  This Act shall take effect upon its passage;