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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED POLICE OFFICERS AS SPECIAL POLICE OFFICERS IN THE TOWN OF MILTON

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) Subject to the approval of the town administrator of the town of Milton, the chief of police of the town may appoint retired Milton police officers as special police officers to perform police details or any police duties arising from police details or during the course of police detail work, whether or not related to the detail work. Such a retired police officer shall have been a regular Milton police officer and retired based upon superannuation. A retired police officer shall not be appointed pursuant to this act as a special police officer if the officer has been retired for more than 5 years. A special police officer appointed pursuant to this act shall not be subject to the maximum age restrictions applied to regular Milton police officers pursuant to chapter 32 of the General Laws; provided, however, that a special police officer shall not serve if the special police officer has reached the age of 70. Prior to performing police details, a special police officer appointed pursuant to this act shall pass a medical examination by a physician or other certified professional chosen or agreed to by the department to determine that the retired police officer is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer.

(b) A special police officer appointed pursuant to this act shall not be subject to chapter 31, section 99A of chapter 41 or chapter 150E of the General Laws.

(c) A special police officer appointed pursuant to this act shall, when performing the duties pursuant to subsection (a), have the same power to make arrests and perform other police functions as a regular police officer of the town of Milton.

(d) A special police officer appointed pursuant to this act shall be appointed for an indefinite term, subject to suspension or removal by the chief of police with approval of the town administrator at any time. A special police officer shall be provided 14 calendar days written notice prior to a permanent removal.

(e) A special police officer appointed pursuant to this act shall be subject to the rules, regulations, policies, procedures and requirements of the chief of police including, but not limited to: (i) restrictions on the type of detail assignments; (ii) requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms licensing and qualifications; (v) requirements for maintaining a medical or liability insurance policy; and (vi) 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, uniforms and equipment shall be borne by the special police officer.

(f) A special police officer appointed pursuant to this act shall be sworn before the town clerk, who shall keep a record of all such appointments. 

(g) Sections 85H and 85H1/2 of chapter 32 and sections 100 and 111F of chapter 41 of the General Laws shall not apply to a special police officer appointed pursuant to this act.

(h) Appointment as a special police officer pursuant to this act shall not entitle the appointee to assignment to any detail.

(i) A retired Milton police officer serving as a special police officer pursuant to this act shall be subject to the limitations on hours worked and on payments to retired town employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws.

SECTION 2. This act shall take effect upon its passage.

Approved, August 7, 2019.