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HOUSE DOCKET, NO. 4401        FILED ON: 6/11/2009

HOUSE  .   .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1143

[LOCAL APPROVAL RECEIVED.]

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Colleen M. Garry

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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 passage of the accompanying bill:

An Act relative to the appointment of special police officers in the Town of Dracut.

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PETITION OF:

 

Name:

District/Address:

Colleen M. Garry

36th Middlesex

Susan C. Tucker

Second Essex and Middlesex


The Commonwealth of Massachusetts
 

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In the Year Two Thousand and Nine

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An Act relative to the appointment of special police officers in the Town of Dracut.


 

              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 t own m anager of the t own of Dracut may appoint at the recommendation of the p olice c hief and as he deems necessary, retired Dracut p olice o fficers as s pecial p olice o fficers for the purpose of performing police details or any other duties arising there from or during the course of p olice detail work, whether or not related to detail work; provided, however that the o fficers shall have been regular Dracut p olice o fficers and retired based on superannuation. The s pecial p olice o fficers shall be subject to the same maximum age restriction as applied to regular p olice o fficers under c hapter 32 of the General Laws. Prior to appointment under this a ct, a retired p olice o fficer shall pass a medical examination conducted by a physician or other certified professional chosen by the t own to determine whether he or she is capable of performing the essential duties of a s pecial p olice o fficer and the cost thereof shall be borne by the s pecial p olice o fficer.

SECTION 2

Special p olice o fficers appointed under this act shall not be subject to c hapter 31 o f the General Laws or to s ection 99A of c hapter 41 of the General Laws.

SECTION 3

Special p olice o fficers shall, when performing duties under s ection 1, have the same power to make arrests and perform other functions, as do regular p olice o fficers of the t own of Dracut.

SECTION 4

A s pecial p olice o fficer shall be appointed for an indefinite term, subject to removal by the t own m anager at any time with 14 days written notice. Upon request, the t own m anager shall provide the reasons for removal in writing.

SECTION 5

Special p olice o fficers shall also be subject to the rules and regulations, policies and procedures and requirements of the t own m anager and the c hief of p olice of the t own of Dracut, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a s pecial p olice o fficer, requirements for training, requirements for firearms licensing and qualifications and requirements regarding uniforms and equipment. s pecial p olice o fficers shall not be subject to s ection 96B of c hapter 41 of the General Laws. The cost of all training, uniforms, and equipment shall be borne by the Special Police Officer.

SECTION 6

Special p olice o fficers shall be sworn before the t own c lerk of the t own of Dracut, who shall keep a record of all such appointments.

SECTION 7

Special p olice o fficers appointed under this act shall be subject to s ections 100 and 111F of c hapter 41 of the General Laws. The amount payable under said s ection 111F of said c hapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a s pecial p olice o fficer working police details, or averaged over such lesser period of time for any officer desig n ated as a s pecial p olice o fficer less than 52 weeks prior to the incapacity. The payment under said s ection 111F of said c hapter 41 shall not exceed, in a calendar year, the limitation of earning in subsection (b) of s ection 91 of c hapter 32 of the General Laws. Payment under said s ection 111F of said c hapter 41 shall terminate when a p olice o fficer reaches the age of 65. In the event the age limitation applicable to regular p olice o fficers serving a t own is increased from the current 65 years of age, the termination of benefits under said s ection 111F of said c hapter 41, as provided herein to s pecial p olice o fficers, shall terminate at such higher age limit but shall not extend beyond the age of 70 for any s pecial p olice o fficer. Special p olice o fficers appointed under this act shall not be subject to s ection 85H of said c hapter 32 nor shall they be eligible for any benefits pursuant thereto.

SECTION 8

An appointment as a Special p olice o fficer shall not entitle that person to assignment of any detail.

SECTION 9

Special p olice o fficers appointed pursuant to this act shall be subject to the limitation on hours worked as provided in subsection (b) of s ection 91 of c hapter 32 of the General Laws.

 

SE CTION 10

This act shall take effect upon its passage.              

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