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  • Acts
  • 2008
  • Chapter 24 AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE CITY OF EVERETT.

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 mayor of the city of Everett may appoint, as he considers necessary, retired Everett police officers as special police officers for the purpose of performing police details or any police duties arising there from or during the course of police detail work, regardless of whether or not related to the detail work. The retired police officers shall have been regular Everett police officers and retired based on superannuation. The special police officers shall be subject to the same maximum age restriction as applied to regular police officers under chapter 32 of the General Laws. A special police officer shall pass a medical examination performed by a physician or other certified professional chosen by the city 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 to section 99A of chapter 41 of the General Laws.

SECTION 3. Special police officers, when performing the duties authorized under section 1, shall have the same power to make arrests and perform other police functions as regular police officers of the city of Everett.

SECTION 4. A special police officer shall be appointed for an indefinite term, subject to removal by the mayor at any time with 14 days written notice. Upon request, the mayor shall provide the reasons for removal in writing.

SECTION 5. Special police officers shall also be subject to the rules and regulations, policies and procedures and requirements of the mayor and the chief of police of the city of Everett, including the restrictions on the type of detail assignments, requiring medical examinations to determine continued capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications 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 before the city clerk of the city of Everett, 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 of said chapter 41 to an incapacitated special police officer 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 an officer designated as a special police officer less than 52 weeks prior to the incapacity. In no event shall payment under said section 111F of said chapter 41 exceed, in a calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F of said chapter 41 shall terminate when a special police officer reaches the age of 65. In the event that the age limitation applicable to regular police officers serving a town is increased from the current 65 years of age, the termination of benefits under said section 111F of said chapter 41, as provided in this act to special police officers, shall terminate at such higher age limit, but in no event shall the benefits 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, nor shall they be eligible for any benefits under said section 85H of said chapter 32.

SECTION 8. Appointment as a special police officer shall entitle an individual appointed as such to assignment to any detail.

SECTION 9. Special police officers under this act shall be subject to the limitations on hours worked and on payments to retired employees under paragraph (b) of section 91 of chapter 32 of the General Laws.

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

Approved February 8 , 2008