AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE CITY OF WALTHAM
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 chief of police of the Waltham police department, subject to the approval of the mayor, may appoint, as the chief deems necessary, retired Waltham police officers for the purpose of performing police details or any other police duties arising therefrom or during the course of said police detail work, whether or not arising specifically from the detail work. Such special police officers shall have been Waltham police officers and shall have retired based on superannuation within 5 years from the date of appointment as a special police officer. Special police officers appointed pursuant to this act shall not be subject to the maximum age restriction applied to regular police officers pursuant to chapter 32 of the General Laws; provided, however, that no special police officer so appointed shall be eligible to serve after the last day of the month in which the special police officer reaches the age of 70. (b) A special police officer appointed pursuant to this act shall comply with all requirements of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the Massachusetts 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. The special police officer shall pass a medical examination by a physician or other certified professional chosen by the city to determine that such special police officer is capable of performing essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing any police details pursuant to this act.
SECTION 2. Special police officers 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, chapter lSOE of the General Laws or chapter 151A of the General Laws.
SECTION 3. Special police officers appointed pursuant to this act, when performing duties authorized under section l, shall have the same power to make arrests and perform other police functions as do regular police officers of the city of Waltham.
SECTION 4. Special police officers appointed pursuant to this act shall be appointed for an initial 1-year term, subject to annual reappointment thereafter at the discretion of the chief of police and subject to the approval of the mayor; provided, however, that special police officers shall be subject to suspension or removal at any time by and at the sole discretion of the chief of police, with written notice thereof to the mayor.
SECTION 5. A sp8cial police officer appointed pursuant to this act shall be subject to removal or suspension at any time, upon written notice, at the sole discretion of the chief of police. The chief of police shall provide written notice of any such removal or suspension to the mayor.
SECTION 6. A special police officer appointed pursuant to this act shall be subject to the rules and regulations, policies and procedures, directives, orders and all other requirements of the Waltham police department and the chief of police including, but not limited to: (i) restrictions on the type or frequency of detail assignments; {ii) pay rates for special officers; (iii) requirements regarding uniforms and equipment; and (iv) requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer. The cost of all requirements, uniforms and equipment shall be the responsibility of the individual special police officer; provided, however, that the Waltham police department shall provide the necessary firearm, ammunition and police radio to each special officer appointed pursuant to this act.
SECTION 7. Special police officers appointed pursuant to this act shall not be eligible for vacation, special leave or other benefits that may be provided to other municipal employees by the city of Waltham.
SECTION 8. The city clerk of the city of Waltham shall maintain a list of all special police officers. The chief of police shall provide a list of the names of all such special police officers to the city clerk and shall advise the city clerk in writing when any changes are made to said list, whether by addition to or removal from the list of any special police officer.
SECTION 9. (a) Special police officers appointed pursuant to this act shall be subject to sections 100 and lllF of chapter 41 of the General Laws. The amount payable pursuant to said section lllF of said chapter 41 to a special police officer shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details; provided, however, that, if the special police officer has been appointed as such a special police officer for fewer than 52 weeks at the time of incapacity, the amount payable pursuant to said section lllF of said chapter 41 shall be calculated by averaging the amount earned by the special police officer working police details over that lesser period of time.
(b) Under no circumstances shall payment pursuant to said section lllF of said chapter 41 exceed, in a calendar year, the limitation on earnings contained in paragraph (bl of section 91 of chapter 32 of the General Laws. Payment pursuant to said section lllF of said chapter 41 shall terminate in accordance with the provisions of said section lllF of said chapter 41 or at the conclusion of the special police officer's employment term or upon the special police officer attaining the age of 70, whichever occurs first. Special police officers appointed pursuant to this act shall not be subject to sections SSH or SSH½ of said chapter 32, nor be eligible for any benefits pursuant thereto,
SECTION 10. Appointment as a special police officer pursuant to this act shall not entitle such special police officer to assignment to any detail,
SECTION 11. A retired Waltham police officer serving as a special police officer pursuant to this act shall be subject to the limitations on hours worked and earnings restrictions imposed on retired municipal employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 12, This act shall take effect upon its passage.
Approved, August 13, 2024.