HOUSE DOCKET, NO. 5240        FILED ON: 7/6/2022

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4983

The Commonwealth of Massachusetts

_________________

July 6, 2022

To the Honorable Senate and House of Representatives,

Pursuant to Article LVI, as amended by Article XC, Section 3 of the Amendments to the Constitution, I am returning to you for amendment House Bill No. 3762, “An Act authorizing special police officers in the town of Natick to serve until the age of 70.”

This bill was adopted in response to a home rule petition by the Town of Natick and would amend chapter 93 of the acts of 2008, An Act Authorizing the Appointment of Special Police Officers in the Town of Natick, to allow special police officers appointed under that act to serve until the age of 70.

I support the Town of Natick’s desire to be able to reappoint police officers retired on superannuation to serve as special police officers and work police details beyond the statutory mandatory retirement age of 65.  I am concerned, however, that section 6 of chapter 93 of the acts of 2008, which this bill does not amend, exempts special police officers from the requirements of section 96B of chapter 41 of the General Laws, including annual in-service training requirements of the Municipal Police Training Committee (“MPTC”).  This existing exemption contradicts the statewide standards established in An Act Relative to Justice, Equity, and Accountability in Law Enforcement in the Commonwealth, which I signed into law on December 31, 2020, including that all law enforcement officers in the Commonwealth be certified by the Peace Officer Standards and Training Commission, and comply with the annual in-service training requirements of the MPTC.

Accordingly, I recommend amending the bill by inserting the following two sections:-

SECTION 1A.  Said section 1 of said chapter 93 is hereby further amended by striking out the last sentence and inserting in place thereof:- “A special police officer appointed under this act shall comply with all requirements of G.L. c. 6E, including (a) maintaining certification and good standing with the Peace Officer Standards and Training Commission and (b) complying with all annual in-service and other training requirements mandated by the Municipal Police Training Committee, and shall pass a medical examination by a physician or other certified professional chosen by the town to determine that he is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing any police details.”

SECTION 1B.  Section 6 of said chapter 93 is amended by striking out the last sentence.

Respectfully submitted,

Charles D. Baker,

Governor