AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE TOWN OF WEST BRIDGEWATER.
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 board of selectmen of the town of West Bridgewater may appoint, at the recommendation of the police chief and as the police chief deems necessary, individuals as special police officers to perform police details or any other duties arising from or during the course of police detail work, whether or not related to the detail work. A special police officer appointed pursuant to this act who is a retired police officer shall be retired based upon superannuation. Prior to appointment under this act, a special police officer shall pass a medical examination conducted by a physician or other certified professional chosen by the town to determine whether the special police officer is capable of performing the essential duties of a special police officer and the cost of that medical examination shall be borne by the special police officer.
SECTION 2. Special police officers appointed pursuant to this act shall not be subject to chapter 31, section 99A of chapter 41 or chapter 150E of the General Laws.
SECTION 3. A special police officer appointed pursuant to this act shall be appointed by the board of selectmen upon a recommendation by the police chief for a 1-year term, subject to removal or suspension by the police chief at any time. Within 5 days of any removal or suspension, a special police officer may request in writing from the police chief the reason for such removal or suspension. Upon receiving a written request, the police chief shall provide written notice of the reason for such removal or suspension within 10 days of receipt from the request. The special police officer may appeal to the board of selectmen and request a hearing within 10 business days. The hearing shall be held within 30 days of receipt of the appeal. The board of selectmen shall render a written decision within 10 business days of the hearing. The decision shall be final.
SECTION 4. When performing duties authorized under section 1, special police officers appointed pursuant to this act shall have the same power to make arrests as regular police officers of the town of West Bridgewater. Special police officers shall be subject to the rules, regulations, policies, procedures and requirements of the board of selectmen and the police chief including, but not limited to, restrictions on the type of detail assignments, responsibilities, authority, 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 uniform and equipment. A special police officer appointed pursuant to this act shall be considered a reserve or intermittent police officer and subject to the third paragraph of section 96B of chapter 41 of the General Laws and shall not be considered a full-time police officer. The cost of all training, uniforms and equipment shall be borne by the special police officer.
SECTION 5. Special police officers appointed pursuant to this act shall be sworn in before the town clerk of the town of West Bridgewater, who shall keep a record of all such appointments.
SECTION 6. Special police officers 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 by averaging the amount over a lesser period of time for an officer designated as a special police officer less than 52 weeks prior to the incapacity. Payments pursuant to said section 111F of said chapter 41 shall not exceed, in a calendar year, the limitation on earnings in paragraph (b) of section 91 of chapter 32 of the General Laws. Payments pursuant to said section 111F of said chapter 41 shall terminate in accordance with said section 111F of said chapter 41 or when a special police officer reaches the age of 65, whichever occurs sooner. If the age limitation applicable to regular police officers serving a town is increased from the current 65 years of age, the termination benefits pursuant to said section 111F of said chapter 41, as provided under this act to special police officers, shall terminate at the higher age limit, but those termination benefits shall not extend beyond the age of 70 for special police officers. Special police officers appointed pursuant to this act shall not be subject to sections 85H, 85H1/2 or 89E of said chapter 32 nor shall they be eligible for benefits pursuant to those sections.
SECTION 7. An appointment as a special police officer shall not entitle a person to assignment to a detail.
SECTION 8. Special police officers appointed pursuant to this act shall be subject to the limitation on hours worked and other restrictions on earnings in paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 9. A special police officer appointed pursuant to this act shall not be subject to maximum age restrictions applied to regular officers under chapter 32 of the General Laws, but shall not be eligible to serve as a special police officer upon reaching the age of 70. This section shall apply to any special police officer appointed before or after the effective date of this act.
SECTION 10. This act shall take effect upon its passage.
Approved, April 15, 2020.