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Session Law

2005

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Chapter 133 AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED POLICE OFFICERS IN THE TOWN OF WEYMOUTH TO SERVE AS SPECIAL 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 chief of police in the town of Weymouth, as the appointing authority, may appoint as he deems necessary, retired police officers as special police officers for the purpose of performing police details or performing any police duties arising from those police details or arising during the course of police detail work, whether or not related to the detail work. The retired police officers must have been regular Weymouth 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 must 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 police details.

SECTION 2. Special police officers, appointed under this act, shall not be subject to chapter 31 of the General Laws or section 99A of chapter 41 of the General Laws.

SECTION 3. Special police officers shall when performing their duties under section 1, have the same powers to make arrests and perform other functions as do regular police officers in the town of Weymouth.

SECTION 4. Special police officers shall be appointed for an indefinite term, subject to removal by the town council of the town of Weymouth at any time with 14 days written notice. Upon request, the town council shall provide reasons for removal in writing.

SECTION 5. Special police officers shall be subject to the rules and regulations, policies and procedures and requirements of the police department and chief of police of the town of Weymouth 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.

SECTION 6. Special police officers shall be sworn in before the town clerk of the town of Weymouth who shall keep a record of all such appointments.

SECTION 7. Special police officers appointed under this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details, or averaged over such lesser period of time for any officer designated as special police officer less than 52 weeks before the incapacity. In no event shall payment under said section 111F exceed, in any calendar year, the limitation on earning contained in subsection (b) of section 91 of chapter 32 of the General Laws. Since special police officers in the town of Weymouth shall not be subject to the maximum age restriction, payment under said section 111F shall not terminate when a special police officer reaches the age of 65. In no event shall the benefits under said section 111F extend beyond the age of 70 for any special police officer. Special police officers appointed under this act shall not be subject to section 85H of said chapter 32 or eligible for any benefits under that section.

SECTION 8. An individual who is appointed as a special police officer under this act shall be eligible for assignment to any detail.

SECTION 9. Retired police officers in the town of Weymouth serving as special police officers under this act shall be subject to the limitations on hours worked and on payments to retired town employees under subsection (b) of section 91 of chapter 32 of the General Laws.

SECTION 10. This act shall take effect upon its passage.

Approved November 18, 2005.

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