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| 2 | 2 | | HOUSE DOCKET, NO. 4176 FILED ON: 2/22/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 3730 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Carole A. Fiola and Michael J. Rodrigues |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act authorizing the appointment of retired police officers as special police officers in the |
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| 13 | 13 | | town of Freetown. |
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| 14 | 14 | | _______________ |
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| 15 | 15 | | PETITION OF: |
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| 16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Carole A. Fiola6th Bristol2/22/2023Michael J. RodriguesFirst Bristol and Plymouth2/22/2023 1 of 3 |
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| 17 | 17 | | HOUSE DOCKET, NO. 4176 FILED ON: 2/22/2023 |
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| 18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 3730 |
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| 19 | 19 | | By Representative Fiola of Fall River and Senator Rodrigues, a joint petition (accompanied by |
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| 20 | 20 | | bill, House, No. 3730) of Carole A. Fiola and Michael J. Rodrigues (by vote of the town) relative |
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| 21 | 21 | | to the appointment of retired police officers as special police officers in the town of Freetown. |
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| 22 | 22 | | Public Service. [Local Approval Received.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act authorizing the appointment of retired police officers as special police officers in the |
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| 29 | 29 | | town of Freetown. |
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| 30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 31 | 31 | | of the same, as follows: |
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| 32 | 32 | | 1 SECTION 1. The board of selectmen in the town of Freetown may appoint, as the chief |
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| 33 | 33 | | 2of police considers necessary, retired police officers of the town of Freetown as special police |
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| 34 | 34 | | 3officers for the purpose of performing police details and any police duties arising therefrom or |
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| 35 | 35 | | 4during the course of police detail work, whether or not related to the detail work, The retired |
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| 36 | 36 | | 5police officers shall have previously served as regular full-time police officers for the town of |
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| 37 | 37 | | 6Freetown and voluntarily retired based upon superannuation in accordance with chapter 32 of the |
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| 38 | 38 | | 7General Laws. The special police officers shall not be subject to the maximum age restrictions |
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| 39 | 39 | | 8applied to regular police officers under chapter 32 of the General Laws but shall not be eligible |
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| 40 | 40 | | 9to serve as special police officers if they have reached the age of 70. A special police officer |
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| 41 | 41 | | 10shall pass a medical examination by a physician or other certified professional chosen by the |
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| 42 | 42 | | 11town to determine that the officer is capable of performing the essential duties of a special police 2 of 3 |
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| 43 | 43 | | 12officer pursuant to this act, the cost of which shall be borne by the special police officer, prior to |
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| 44 | 44 | | 13performing police details. The officer shall provide certification to the town that the officer is |
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| 45 | 45 | | 14covered by personal health insurance. |
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| 46 | 46 | | 15 SECTION 2. Special police officers appointed pursuant to this act shall not be subject to |
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| 47 | 47 | | 16chapter 31 of the General Laws, sections 85H and 85H½ of chapter 32 of the General Laws, |
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| 48 | 48 | | 17sections 99A, 100 or 111F of chapter 41 of the General Laws or chapter 150E of the General |
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| 49 | 49 | | 18Laws. Special police officers appointed pursuant to this act shall be subject to chapter 151A of |
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| 50 | 50 | | 19the General Laws. |
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| 51 | 51 | | 20 SECTION 3. Special police officers appointed pursuant to this act shall, when performing |
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| 52 | 52 | | 21the duties set forth in section 1, have the same power to make arrests and to perform other police |
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| 53 | 53 | | 22functions as do regular police officers of the town of Freetown. |
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| 54 | 54 | | 23 SECTION 4. Special police officers appointed under this act shall be appointed for a term |
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| 55 | 55 | | 24of 1 year subject to renewal at the board of selectmen's sole discretion. During the term of |
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| 56 | 56 | | 25appointment, the officer shall serve at the board of selectmen's pleasure, subject to removal by |
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| 57 | 57 | | 26the board at any time with or without cause. Any such removal shall be preceded by a 14-day |
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| 58 | 58 | | 27written notice unless considerations of public safety and welfare, as determined in the board of |
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| 59 | 59 | | 28selectmen's sole discretion, require immediate removal. |
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| 60 | 60 | | 29 Special police officers appointed pursuant to this act shall be subject to the rules and |
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| 61 | 61 | | 30regulations, policies and procedures and requirements of the police department and the chief of |
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| 62 | 62 | | 31police of the town of Freetown, including but not limited to, restrictions on the type of detail |
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| 63 | 63 | | 32assignments, requirements regarding medical examinations to determine continuing capability to |
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| 64 | 64 | | 33perform the duties of a special police officer, requirements for training, requirements for firearms 3 of 3 |
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| 65 | 65 | | 34licensing and qualifications, requirements for maintaining a medical or liability policy and |
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| 66 | 66 | | 35requirements regarding uniforms and equipment. Compliance with all requirements shall be at no |
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| 67 | 67 | | 36cost to the town of Freetown. A special police officer appointed under this act shall be subject to |
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| 68 | 68 | | 37certification standards pursuant to section 4 of chapter 6E of the General Laws. |
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| 69 | 69 | | 38 SECTION 6. Special police officers appointed pursuant to this act shall be sworn before |
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| 70 | 70 | | 39the town clerk of the town of Freetown, who shall keep a record of all such appointments. |
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| 71 | 71 | | 40 SECTION 7. Appointment as a special police officer pursuant to this act shall not entitle |
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| 72 | 72 | | 41any officer to assignment to any specific detail or type of detail. All assignments shall be made in |
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| 73 | 73 | | 42the sole discretion of the chief of police. Special police officers appointed pursuant to this act |
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| 74 | 74 | | 43shall be paid the hourly detail rate applicable to regular full-time officers, including any changes |
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| 75 | 75 | | 44to such rate, but shall not be entitled to any other town benefits. |
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| 76 | 76 | | 45 SECTION 8. Special police officers appointed under this act shall be subject to the |
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| 77 | 77 | | 46limitations on hours worked and on earnings by retired municipal employees described in |
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| 78 | 78 | | 47paragraph (b) of section 91 of chapter 32 of the General Laws. |
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| 79 | 79 | | 48 SECTION 9. This act shall take effect upon its passage. |
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