HOUSE DOCKET, NO. 5063        FILED ON: 4/28/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4766

The Commonwealth of Massachusetts

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PRESENTED BY:

Carole A. Fiola and Michael J. Rodrigues

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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 special police officers in the city of Fall River.

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PETITION OF:

HOUSE DOCKET, NO. 5063        FILED ON: 4/28/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4766

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 special police officers in the city of Fall River.

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 Fall River Chief of Police may appoint 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 City of Fall River and voluntarily retired based upon superannuation in accordance with M.G.L. Ch. 32.

No retired officer shall be appointed as a special police office after his or her seventieth (70th) birthday. The employment of any officer appointed pursuant to this act shall terminate on December 31 of the calendar year in which the officer turns seventy (70). No officer who has been retired from the Fall River Police Department shall be eligible for appointment pursuant to this act unless the officer has maintained certification as a police officer in the commonwealth pursuant to those requirements set forth pursuant to M.G.L. Ch. 6 and 2019 MA S.B. 2963.

Prior to appointment pursuant to this act, every officer to be appointed shall pass a medical examination by a physician chosen by the Fall River Police Chief or his designee, 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 be excluded from the provisions of: M.G.L. Ch. 31; M.G.L. Ch. 32, §85H and §85H½; M.G.L. Ch. 41, §99A, §100 and §111F; and M.G.L. Ch. 150E. Special police officers appointed pursuant to this act shall be subject to M.G.L. 151A.

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 City of Fall River.

SECTION 4. A retired police officer who satisfies all other requirements and qualifications set forth herein shall be eligible for appointment as a special police officer for a term of 1 year or through December 31 of the calendar year in which that officer reaches seventy (70) years of age, whichever comes first. Such appointment shall be at the sole discretion of the Fall River Chief of Police. During the term of appointment, the officer shall serve at the pleasure of the Chief of Police, subject to removal by the Chief of Police 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 at the sole discretion of the Chief of Police, require immediate removal. In such instances the Chief of Police or his designee 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 Fall River Police Department and the Commonwealth of Massachusetts, 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 City of Fall River. 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 M.G.L. Ch 41, §96B and shall not be considered a full-time police officer

SECTION 6. Special police officers appointed pursuant to this act shall be sworn by the Fall River Chief of Police, 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 and his or her designees. 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 City 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 M.G.L. Ch 32, §91(b). Any such officer shall, on or before January 31 of each calendar year, file a sworn statement with the Fall River 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.