SENATE . . . . . . . . . . . . . . No. 2937
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The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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SENATE, August 15, 2024.
The committee on Public Service to whom was referred the petition (accompanied by bill, Senate, No. 2855) of Marc R. Pacheco and Angelo L. D'Emilia (by vote of the town) for legislation relative to the appointment of retired police officers as special police officers in the town of Raynham, report the accompanying bill (Senate, No. 2937).
For the committee,
Michael D. Brady
FILED ON: 8/8/2024
SENATE . . . . . . . . . . . . . . No. 2937
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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 relative to the appointment of retired police officers as special police officers in the town of Raynham.
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. SECTION 1. Notwithstanding any general or special law to the contrary, the board of selectmen in the town of Raynham may appoint, as the Police Chief considers necessary, retired police officers of the town of Raynham as special police officers to perform police details or police duties arising there from or during the course of the police detail work, whether or not related to the detail work. Such retired police officers shall have been regular police officers and voluntary retired based on superannuation. No further deductions shall be made from the regular compensation of such retired police officers under chapter 32 of the General Laws for any service subsequent to reaching 65 years of age an, upon retirement, such retired 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. 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. Such 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.
SECTION 2. Special police officers appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, sections 85H and 85H½ of chapter 32 of the General Laws, sections 99A, 100 or 111F of chapter 41 of the General Laws, or chapter 150E of the General Laws. Special police officers appointed pursuant to this act shall be subject to chapter 151A 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 to perform other police functions as do regular police officers of the Town of Raynham.
SECTION 4. Special police officers shall be re-appointed annually, subject to removal by the Board of Selectmen at any time with 14 days’ written notice except in cases where the Police Chief determines that immediate action is necessary to protect the public safety. Upon request, the Police Chief shall provide reasons for removal in writing.
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 Police Department and Police Chief of the town of Raynham, 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. Compliance with all requirements shall be at no cost to the town. Special police officers shallnot 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 Raynham 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.
SECTION 8. 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 pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 9. This act shall take effect upon its passage.