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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE TOWN OF DARTMOUTH

         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 board of selectmen of the town of Dartmouth may appoint, upon the recommendation of the chief of police, retired Dartmouth police officers to perform police details or any other police duties arising therefrom or during the course of police detail work, whether or not related to the detail work; provided, however, that the retired police officers shall have been regular Dartmouth police officers who retired based on superannuation.  A special police officer shall not be subject to maximum age restrictions applied to regular police officers under chapter 32 of the General Laws, but shall not be eligible to serve as a special police officer if the police officer has reached the age of 70.  Prior to appointment, 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 officer is capable of performing the essential functions and duties of a special police officer; provided, however, that the cost of the examination 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, sections 99A or 111F of chapter 41 of the General Laws or chapter 150E of the General Laws.
         SECTION 3.  When performing duties authorized under section 1, special police officers shall have the same powers to make arrests and perform other functions as do regular police officers in the town of Dartmouth. 
         SECTION 4.  A special police officer shall be appointed for a term of 1 year, subject to removal or suspension by the chief of police with the approval of the board of selectmen at any time.  In the case of removal, a special police officer shall be provided with 14 days written notice prior to removal.  Upon request, the chief of police shall provide the reasons for removal or suspension in writing.
         SECTION 5.  A special police officer appointed under this act shall be subject to the rules and regulations, policies and procedures and requirements of the chief of police of the town of Dartmouth including, but not limited to, 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.  A special police officer shall not be subject to section 96B of chapter 41 of the General Laws.  The cost of all training equipment and uniforms shall be borne by the special police officer.
         SECTION 6.  Special police officers shall be sworn before the town clerk who shall keep a record of all appointments.
         SECTION 7.  Special police officers appointed under this act shall be subject to section 100 of chapter 41 of the General Laws.  Because special police officers in the town of Dartmouth are not subject to the maximum age restriction, eligibility under said section 100 shall not terminate when the special police officer reaches the age of 65.  Special police officers appointed under this act shall not be subject to section 85H of chapter 32 of the General Laws or eligible for any benefits under said section 85H of said chapter 32.
         SECTION 8.  An individual appointed as a special police officer under this act shall be eligible for assignment to any detail as authorized by the chief of police of the town of Dartmouth.
         SECTION 9.  Retired police officers in the town of Dartmouth serving as special police officers under this act shall be subject to the limitations on hours worked and 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, January 7, 2015.