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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT ALLOWING THE APPOINTMENT OF RETIRED WILBRAHAM POLICE OFFICERS AS SPECIAL POLICE OFFICERS

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 Wilbraham may appoint, at the recommendation of the chief of police and as the chief of police deems necessary, retired police officers of the town as special police officers for the purpose of performing police details or any police duties arising therefrom or during the course of police detail work, whether or not related to the detail work. The board of selectmen shall have sole discretion to appoint retired Wilbraham police officers as special police officers. The retired police officers shall have been regular Wilbraham police officers who retired based upon superannuation. Each appointment shall be made conditional upon the satisfactory completion of the medical examination.

SECTION 2. Special police officers appointed under this act shall not be subject to chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.

SECTION 3. Special police officers appointed under this act shall, when performing the duties under section 1, have the same power to make arrests and to perform other police functions as regular police officers of the town of Wilbraham.

SECTION 4. Special police officers appointed under this act shall be appointed for a 1-year term, subject to renewal at the board of selectmen's discretion; provided, however, that special police officers shall be subject to suspension or removal by the police chief with the approval of the board of selectmen at any time. All benefits afforded to special police officers appointed under this act shall terminate upon the conclusion of their term. A special police officer's appointment shall automatically terminate upon the officer's sixty-fifth birthday.

SECTION 5. Special police officers appointed under this act shall be subject to the rules and regulations, policies and procedures and requirements of the board of selectmen and the chief of police in the town of Wilbraham, 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 qualifications and licensing and requirements regarding uniforms and equipment, with all costs of compliance to be incurred by the special police officers. Special police officers appointed under this act shall be subject to the provisions of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the peace officer standards and training commission; and (ii) complying with all annual in-service and other training requirements mandated by the municipal police training committee.

SECTION 6. Special police officers appointed under this act shall be sworn before the town clerk who shall keep a record of all such appointments.

SECTION 7. Special police officers appointed under this act shall not be subject to sections 100 and 111F of chapter 41 of the General Laws. Special police officers appointed under this act shall not be subject to section 85H of chapter 32 of the General Laws, nor eligible for any benefits pursuant thereto.

SECTION 8. An appointment as a special police officer under this act shall allow, but not entitle, any individual appointed as such to assignment to any detail, as authorized by the police chief.

SECTION 9. Retired police officers of the town of Wilbraham, serving as special police officers under this act, shall be subject to the limitations on hours worked and on payments to retired town employees under subsection (b) of section 91 of chapter 32 of the General Laws.

SECTION 10. Retired police officers of the town of Wilbraham, serving as special police officers under this act, shall be subject to section 91 of chapter 32 of the General Laws.

Approved, January 5, 2023.