HOUSE  .  .  .  .  .  .  .  .  No. 5025

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, August 26, 2024.

The committee on Public Service, to whom was referred the joint petition (accompanied by bill, House, No. 4729) of Meghan Kilcoyne and Peter J. Durant (by vote of the town) that town of Sterling be authorized to appoint retired police officers in said town to serve as special police officers, reports recommending that the accompanying bill (House, No. 5025) ought to pass [Local Approval Received].

For the committee,

KENNETH I. GORDON.

        FILED ON: 8/23/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 5025

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the appointment of retired police officers in the town of Sterling to serve 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. (a) The Select Board in the town of Sterling may appoint, as they deem necessary, and upon the recommendation of the Chief of Police, retired police officers of the town of Sterling as special police officers to perform police details or police duties arising from the police details or during the course of police detail work, whether or not related to the detail work. The retired police officers shall have been regular police officers and retired based on superannuation. The special police officers shall not be subject to the maximum age restrictions applied to regular police officers under Chapter 32 of the General Laws but shall not be eligible to serve as special police officers if they have reached the age of 70. A special police officer shall pass a medical examination by a physician or other certified professional chosen by the town to determine that the officer 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 police details.

(b) Special police officers appointed pursuant to this act shall not be subject to Chapter 31 of the General Laws, section 85H of Chapter 32 of the General Laws or sections 99A, 100 or 111F of Chapter 41 of the General Laws. Special police officers appointed pursuant to this act shall be subject to Chapter 151A of the General Laws.

(c) Special police officers shall, when performing their duties under subsection (a), have the same powers to make arrests and perform other functions as do regular police officers in the town.

(d) Special police officers shall be re-appointed annually, subject to removal by the Select Board at any time with 14 days' written notice. Upon request, the police chief shall provide reasons for removal in writing.

(e) 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 police chief of the town, including restrictions on the type of detail assignment, requirements regarding medical examinations to determine continued capacity to perform the duties of a special police officer, requirements for training, requirements for firearm licensing and qualification and requirements regarding uniforms and equipment. Special police officers shall not be subject to section 96B of Chapter 41 of the General Laws.

(f) Special police officers appointed pursuant to this act shall be sworn in before the town clerk of the town, who shall keep a record of all such appointments.

(g) An individual who is appointed as a special police officer pursuant to this act shall be eligible for assignment to any detail, subject to the provisions of any collective bargaining agreement then in effect in the town between the town and the police union.

(h) Retired police officers in the town service as special police officers pursuant to this act shall be subject to the limitations on hours worked and on payments to retired town employees set forth in subsection (b) of section 91 of Chapter 32 of the General Laws.

(i) No further deductions shall be made from the regular compensation of special police officers under chapter 32 of the General Laws for any service subsequent to them reaching 65 years of age and, upon retirement, special police officers shall receive a superannuation retirement allowance equal to that which they would have been entitled had they retired at 65 years of age.

SECTION 2. This act shall take effect upon its passage.