HOUSE DOCKET, NO. 5157        FILED ON: 5/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4861

The Commonwealth of Massachusetts

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PRESENTED BY:

Jessica Ann Giannino and Donald H. Wong

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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 to appoint retired police officers of the Town of Saugus as special police officers.

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PETITION OF:

HOUSE DOCKET, NO. 5157        FILED ON: 5/31/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4861

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 to appoint retired police officers of the Town of Saugus as special police officers.

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 Saugus has sole discretion to appoint

Retired police officers of the Town of Saugus as special police officers to perform police details

or other police duties arising from police details or during the course of police details work,

whether or not related to the detail work. The retired police officers shall have been regular,

full-time police officers of the Town of Saugus 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 or other certified professional chosen by the Town, or agreed upon by the parties, to determine whether the retired police officer is capable of performing the essential duties of a special police officer; and (ii) provide proof of that page to the chief of police. Additional post-appointment fitness for duty examinations may be required of a special officer by the chief of police, if the Chief has a question of fitness for duty, as to that special police officer. 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, Sections 99, 99A, 100 and 111F of Chapter 41, or Chapter 150E of the General Laws. A special police officer shall not be subject to Section 85H or 85H ½ of Chapter 32 of the General Laws nor eligible for any benefits pursuant thereto.

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 of Saugus including, but not limited to, those policies, procedures, rules and regulations governing training, equipment, uniforms, firearms, certifications or any other restrictions or requirements related to employment as a special officer.

SECTION 5. A special police officer of the Town of Saugus, while performing the duties

described in this act, shall have the same power of arrest and authority to perform other police functions as a full-time, regular police officer of the Town of Saugus.

SECTION 6. A special police officer shall be appointed for an indefinite term, but shall serve at

the pleasure of the Town of Saugus and may be suspended or removed from the appointment by the Town Manager or Chief of Police at any time, with or without cause.

SECTION 7. The Chief of Police of the Town of Saugus may restrict the type of detail

assignments that special police officers may work. Special police officer's appointment 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 Saugus shall be sworn before the Clerk of

the Town of Saugus, who shall keep a record of all appointments and expirations of appointments.

SECTION 9. The assignment of a special officer pursuant to this act to a police detail or other

duties shall be the discretion of the Chief of Police of the Town of Saugus.

SECTION 10. A special police office appointed pursuant to this act shall be subject to the

limitations on hours worked and earnings restrictions in Section 91 of the Chapter 32 of the General Laws.

SECTION 11. Special police officer appointed under this act shall not be entitled to any other town benefits, not will they be eligible to collect unemployment benefits, nor will the town be liable for unemployment benefits, under Chapter 151 A of the Massachusetts General laws, for any reason, including involuntary removal of an individual as special police officer.

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

Article 38 passes by unanimous voice vote Yes at 8:24pm