AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE TOWN OF MILLIS.
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. Notwithstanding any general or special law to the contrary, the town administrator of the town of Millis may appoint, as the administrator deems necessary, retired Millis police officers as special police officers for the purpose of performing police details or any other police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work; provided, however, that the officer shall have been a regular Millis police officer and retired based on superannuation. The special police officers shall be subject to the same maximum age restrictions as applied to regular police officers under chapter 32 of the General Laws. Prior to an appointment under this act, a retired police officer shall pass a medical examination by a physician or other certified professional chosen by the town to determine that the retired police officer is capable of performing the essential duties of a special police officer and the cost thereof shall be borne by the retired police officer.
SECTION 2. Special police officers appointed under this act shall not be subject to chapter 31 of the General Laws or sections 99A, 100 and 111F of chapter 41 of the General Laws, or any collective bargaining agreement.
SECTION 3. When performing the duties under section 1, a special police officer shall have the same power to make arrests and perform other police functions as do regular police officers of the town of Millis.
SECTION 4. A special police officer shall be appointed for an indefinite term, subject to removal by the town administrator at any time with a 14-day written notice.
SECTION 5. A special police officer shall be subject to the rules and regulations, policies and procedures and requirements of the chief of police and the town administrator of the town of Millis, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing 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. Compliance with all requirements shall be at no cost to the town of Millis. 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 town clerk who shall keep a record of all such appointments.
SECTION 7. When special police officers appointed under this act reach the age of 65 such employment shall terminate on the last day of the month of the officer’s sixty-fifth birthday; provided, however, that if the age limitation applicable to regular police officers serving the town is increased the age limit provided herein for special police officers, shall terminate at such a higher age limit, but in no event shall the age extend beyond the age of 70. Special police officers appointed under this act shall not be subject to section 85H of chapter 32 of the General Laws or section 111F of chapter 41 of the General Laws, nor eligible for any benefits pursuant thereto.
SECTION 8. An appointment as a special police officer does not entitle an individual appointed as such to assignment to any detail. Special police officers appointed under this act shall not be eligible for unemployment nor shall the town be liable for unemployment benefits, under chapter 151A of the General Laws, for any reason, including police detail assignment determinations made by the town or removal of an individual as a special police officer.
SECTION 9. Retired Millis 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 under paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 10. This act shall take effect upon its passage.
Approved, June 25, 2010.