Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2565 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2712 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2565
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patrick Joseph Kearney and Patrick M. O'Connor
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the appointment of retired police officers in the town of Scituate.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Patrick Joseph Kearney4th Plymouth1/19/2023Patrick M. O'ConnorFirst Plymouth and Norfolk1/20/2023 1 of 3
16	16	HOUSE DOCKET, NO. 2712 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 2565
18	18	By Representative Kearney of Scituate and Senator O'Connor, a joint petition (accompanied by
19	19	bill, House, No. 2565) of Patrick Joseph Kearney and Patrick M. O'Connor (by vote of the town)
20	20	that the town of Scituate be authorized to appoint retired Scituate police officers as special police
21	21	officers in said town. Public Service. [Local Approval Received.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act relative to the appointment of retired police officers in the town of Scituate.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. The Town Administrator of the Town of Scituate may appoint, as he/she
31	31	2deems necessary, retired Scituate Police Officers as Special Police Officers for the purpose of
32	32	3performing police details or any police duties arising therefrom or during the course of police
33	33	4detail work, regardless of whether or not related to the detail work. The Special Police Officers
34	34	5appointed pursuant to this act shall not be subject to the maximum age restriction applied to
35	35	6regular police officers pursuant to chapter 32 of the General Laws or section 2 of chapter 415 of
36	36	7the acts of 1987, but shall be subject to a maximum age restriction of 70 years of age. A Special
37	37	8Police Officer must pass a medical examination, by a physician or other certified professional
38	38	9chosen by the town, to determine that he/she is capable of performing the essential duties of a
39	39	10Special Police Officer, the cost of which shall be borne by the Special Police Officer, prior to
40	40	11performing police details. 2 of 3
41	41	12 SECTION 2. Special Police Officers appointed under this act shall not be subject to
42	42	13chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.
43	43	14 SECTION 3. Special Police Officers shall, when performing the duties under section 1,
44	44	15have the same power to make arrests and perform other police functions as do regular police
45	45	16officers of the Town of Scituate.
46	46	17 SECTION 4. Special Police Officers shall be appointed for an indefinite term, subject to
47	47	18removal by the Town Administrator at any time within 14 days written notice. Upon request, the
48	48	19Town Administrator shall provide the reasons for removal in writing.
49	49	20 SECTION 5. Special Police Officers shall also be subject to the rules and regulations,
50	50	21policies, and procedures and requirements of the Town Administrator and the Chief of Police of
51	51	22the Town of Scituate, including restrictions on the type of detail assignments, requirements
52	52	23regarding medical examinations to determine continuing capability to perform the duties of a
53	53	24special police officer, requirements for training, requirements for firearms, licensing and
54	54	25qualifications and requirements regarding uniforms and equipment. Special Police Officers shall
55	55	26not be subject to section 96B of chapter 41 of the General Laws.
56	56	27 SECTION 6. Special Police Officers shall be sworn before the Town Clerk of the Town
57	57	28of Scituate who shall keep a record of all such appointments.
58	58	29 SECTION 7. Special Police Officers appointed under this act shall be subject to section
59	59	30100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of
60	60	31said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a
61	61	32Special Police Officer working police details, or averaged over such lesser period of time for any
62	62	33officer designated as Special Police Officers less than 52 weeks prior to the incapacity. In no 3 of 3
63	63	34event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the
64	64	35limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws.
65	65	36Payment under said section 111F of said chapter 41 shall terminate when a Special Police
66	66	37Officer reaches the age of 65. Special Police Officers appointed under this act shall not be
67	67	38subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
68	68	39 SECTION 8. Appointment as a Special Police Officer shall entitle any individual
69	69	40appointed as such to assignment to any detail.
70	70	41 SECTION 9. Retired Scituate police officers, serving as Special Police Officers under
71	71	42this act shall be subject to the limitations on hours worked and on payments to retired town
72	72	43employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
73	73	44 SECTION 10. This act shall take effect upon its passage.