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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 MERRIMAC

         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.  (a) The board of selectmen of the town of Merrimac may, upon recommendation of the chief of police of the town and as the board deems necessary, appoint retired Merrimac police officers as special police officers to perform police details or any police duties arising therefrom or during the course of police detail work, whether or not related to such detail work.  A special police officer appointed pursuant to this act shall have been a regular Merrimac police officer who retired based on superannuation. A special police officer shall not be subject to the maximum age restrictions applied to regular police officers pursuant to chapter 32 of the General Laws; provided, however, that no special police officer shall be eligible to serve as such beyond the age of 70.  A special police officer appointed pursuant to this act shall pass a medical examination conducted by a physician or other certified professional chosen by the town to determine that the officer is capable of performing the essential duties of a special police officer and the cost thereof shall be borne by the special police officer prior to performing police details.
         (b)  A special police officer appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E of the General Laws.
         (c)  A special police officer appointed pursuant to this act shall, when performing duties pursuant to subsection (a), have the same powers to make arrests and perform other functions as do regular police officers in the town of Merrimac.
         (d)  A special police officer appointed pursuant to this act shall be appointed for an indefinite term, subject to removal by the board of selectmen of the town of Merrimac at any time, with or without cause, with 14 days’ written notice.  A special police officer appointed pursuant to this act shall not be entitled to continued appointment as such special police officer.
         (e)  A special police officer appointed pursuant to this act shall be subject to the rules, regulations, policies, procedures and requirements of the police department, chief of police and, as applicable, the board of selectmen of the town of Merrimac, 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 qualifications and requirements regarding uniforms and equipment. The cost of all training, uniforms and equipment shall be borne by the special police officer. A special police officer appointed pursuant to this act shall not be subject to section 96B of chapter 41 of the General Laws. 
         (f)  A special police officer appointed pursuant to this act shall be sworn in before the town clerk of the town of Merrimac, who shall keep a record of all such appointments.
         (g)  A special police officer appointed pursuant to this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws.  The amount payable pursuant to 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 before the incapacity.  In no event shall payment pursuant to 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.  The payment of benefits pursuant to said section 111F of said chapter 41 shall not terminate when a special police officer reaches the age of 65; provided, however, that in no event shall the payment of such benefits extend to a special police officer beyond the age of 70. A special police officer appointed pursuant to this act shall not be subject to section 85H or 89E of said chapter 32 or eligible for any benefits pursuant to said sections.
         (h)  A special police officer appointed pursuant to this act shall be eligible for, but not entitled to, assignment to any detail by the chief of police of the town of Merrimac.
         (i)  A retired Merrimac police officer serving as a special police officer pursuant to this act shall be subject to the limitation on hours worked and on payments to retired town employees pursuant to subsection (b) of section 91 of chapter 32 of the General Laws.
         SECTION 2.  This act shall take effect upon its passage.

Approved, January 7, 2015.