AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE TOWN OF MAYNARD
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 police chief of the town of Maynard may appoint, in the chief’s sole discretion and judgment, police officers who resigned or retired in good standing with not less than 20 years of continuous full-time service for a municipal police department in the commonwealth as special police officers to perform police details and any other duties arising from or during the course of police detail work if the special police officer is on detail assignment and an emergency response by the special police officer is required due to the inability of a regular police officer to timely respond to the emergency. No retired police officer shall be appointed as a special police officer pursuant to this act unless the officer is retired based on superannuation under chapter 32 of the General Laws. No resigned or retired police officer shall be appointed as a special police officer pursuant to this act if the officer has been retired from a municipal police department for more than 4 1/2 years unless the police officer has since maintained employment as an active police officer in the commonwealth. No retired police officer shall be eligible for appointment under this act if the officer has attained the age of 70 and any police officer so appointed shall be terminated upon attaining the age of 70. Prior to appointment pursuant to this act and in order to be eligible for such appointment, a resigned or retired police officer shall successfully pass a medical examination by a physician or other certified professional chosen or agreed to by the police chief to determine whether the resigned or retired police officer is capable of performing the essential duties of a special police officer under this act. The cost of the medical examination shall be borne by the resigned or retired police officer. No further deductions shall be made from the regular compensation of any special police officer appointed under this act pursuant to said chapter 32 for any service subsequent to the special police officer reaching the age of 65 and, upon retirement, a special police officer appointed under this act shall receive a superannuation retirement allowance equal to that to which they would have been entitled had they retired at age 65.
(b) Special police officers appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, sections 96B and 99A of chapter 41 of the General Laws or chapter 150E of the General Laws.
(c) When performing the duties under this section, special police officers appointed under this act shall have the same power to make arrests and to perform other police functions as regular police officers of the town of Maynard.
(d) Special police officers appointed pursuant to this act shall be appointed for a 1 year term subject to renewal at the sole discretion of the chief of police; shall be subject to suspension or removal by the police chief at any time.
(e) A special police officer appointed pursuant to this act shall be subject to such rules, regulations, policies, procedures and requirements as the chief may impose in the police chief’s sole discretion, including, but not limited to, 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 licensing and qualifications, requirements for maintaining a medical or liability insurance policy and requirements regarding uniforms and equipment. The chief of police shall, at the chief’s sole discretion, set a schedule of fees associated with the costs of training, medical examinations, equipment and uniforms and any other requirements considered necessary by the chief of police that shall be paid by the special police officer. Nothing in this act shall establish the right or entitlement of any officer appointed pursuant to this act to a specific assignment and all such assignments shall be made by the chief of police and at the chief’s sole discretion.
(f) A special police officer appointed pursuant to this act shall be sworn in by the police chief of the town of Maynard.
(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 weekly amount payable pursuant to said section 111F of said chapter 41 shall be determined by calculating the weekly average of the total amount earned by the officer as a special police officer working police details during the 52 weeks preceding the date of a qualifying incapacity. If a special police officer’s appointment under this act occurred less than 52 weeks before the date of qualifying incapacity, the weekly amount payable under said section 111F of said chapter 41 shall be determined by calculating the weekly average of the total amount earned by the officer during the number of weeks served before the date of incapacity. No payments made under said section 111F of said chapter 41 shall exceed, in a calendar year, the limitation on earnings set forth in paragraph (b) of section 91 of said chapter 32. Payments made under said section 111F of said chapter 41 shall terminate in accordance with said section 111F of said chapter 41 or at the conclusion of the term of appointment, whichever first occurs. Special police officer appointed under this act shall not be subject to sections 85H or 85H½ of said chapter 32 nor shall they be eligible for any benefits pursuant thereto.
(h) Appointment as a special police officer under this act shall not entitle the appointee to assignment to any detail.
(i) Special police officers appointed pursuant to this act shall be subject to the limitations on hours worked and on total earnings under paragraph (b) of section 91 of chapter 32 of the General Laws.
(j) Pursuant to subsection (e), fees associated with the costs of training, medical examinations, equipment, uniforms and any other requirements considered necessary by the police chief shall be paid by the special police officer.
(k) Special police officers appointed pursuant to this act shall comply with all requirements of chapter 6E of the General Laws and said section 96B of chapter 41 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.
SECTION 2. This act shall take effect upon its passage.
Approved, January 10, 2025.