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 town manager of the town of Dracut may appoint, at the recommendation of the police chief and as he deems necessary, retired Dracut police officers as special police officers to perform police details or any other duties arising therefrom or during the course of police detail work, whether or not related to the detail work; provided, however, that the officers shall have been regular Dracut 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. Prior to appointment under this act, a retired police officer shall pass a medical examination conducted by a physician or other certified professional chosen by the town to determine whether 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 section 99A of chapter 41 of the General Laws.
SECTION 3. When performing duties authorized under section 1, special police officers shall have the same power to make arrests and perform other functions as do regular police officers of the town of Dracut.
SECTION 4. A special police officer shall be appointed for an indefinite term, subject to removal by the town manager at any time with 14 days written notice. Upon request, the town manager shall provide the 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 town manager and the chief of police of the town of Dracut, 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. Special police officers shall not be subject to section 96B of chapter 41 of the General Laws. The cost of all training, uniforms and equipment shall be borne by the special police officer.
SECTION 6. Special police officers shall be sworn before the town clerk of the town of Dracut 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 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 a special police officer less than 52 weeks prior to the incapacity. Payments under said section 111F of said chapter 41 shall not exceed, in a calendar year, the limitation on earnings in subsection (b) of section 91 of chapter 32 of the General Laws. Payments under said section 111F of said chapter 41 shall terminate when a police officer reaches the age of 65. In the event 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 herein to special police officers, shall terminate at such higher age limit but shall not extend beyond the age of 70 for a 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 pursuant thereto.
SECTION 8. An appointment as a special police officer shall not entitle that person to assignment to a detail.
SECTION 9. Special police officers appointed pursuant to this act shall be subject to the limitation on hours worked as provided in subsection (b) of section 91 of chapter 32 of the General Laws.
SECTION 10. This act shall take effect upon its passage.
Approved, March 18, 2010.