HOUSE . . . . . . . . No. 3931
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, June 20, 2023.
The committee on Public Service to whom was referred the joint
petition (accompanied by bill, House, No. 3730) of Carole A. Fiola and
Michael J. Rodrigues (by vote of the town) relative to the appointment of
retired police officers as special police officers in the town of Freetown,
reports recommending that the accompanying bill (House, No. 3931)
ought to pass [Local Approval Received].
For the committee,
KENNETH I. GORDON. 1 of 3
FILED ON: 6/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3931
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act authorizing the appointment of retired police officers as special police officers in the
town of Freetown.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. The board of selectmen in the town of Freetown may appoint, as the chief
2of police considers necessary, retired police officers of the town of Freetown as special police
3officers for the purpose of performing police details and any police duties arising therefrom or
4during the course of police detail work, whether or not related to the detail work, The retired
5police officers shall have previously served as regular full-time police officers for the town of
6Freetown and voluntarily retired based upon superannuation in accordance with chapter 32 of the
7General Laws. The special police officers shall not be subject to the maximum age restrictions
8applied to regular police officers under chapter 32 of the General Laws but shall not be eligible
9to serve as special police officers if they have reached the age of 70. No further deductions shall
10be made from the regular compensation of any special police officer appointed under this act
11pursuant to chapter 32 of the General Laws after reaching the age of 65, and upon retirement any
12special police officers appointed under this act shall receive a superannuation retirement
13allowance equal to that which he would have been entitled had they retired at age 65. A special 2 of 3
14police officer shall pass a medical examination by a physician or other certified professional
15chosen by the town to determine that the officer is capable of performing the essential duties of a
16special police officer pursuant to this act, the cost of which shall be borne by the special police
17officer, prior to performing police details. The officer shall provide certification to the town that
18the officer is covered by personal health insurance.
19 SECTION 2. Special police officers appointed pursuant to this act shall not be subject to
20chapter 31 of the General Laws, sections 85H and 85H½ of chapter 32 of the General Laws,
21sections 99A, 100 or 111F of chapter 41 of the General Laws or chapter 150E of the General
22Laws. Special police officers appointed pursuant to this act shall be subject to chapter 151A of
23the General Laws.
24 SECTION 3. Special police officers appointed pursuant to this act shall, when performing
25the duties set forth in section 1, have the same power to make arrests and to perform other police
26functions as do regular police officers of the town of Freetown.
27 SECTION 4. Special police officers appointed under this act shall be appointed for a term
28of 1 year subject to renewal at the board of selectmen's sole discretion. During the term of
29appointment, the officer shall serve at the board of selectmen's pleasure, subject to removal by
30the board at any time with or without cause. Any such removal shall be preceded by a 14-day
31written notice unless considerations of public safety and welfare, as determined in the board of
32selectmen's sole discretion, require immediate removal.
33 SECTION 5. Special police officers appointed pursuant to this act shall be subject to the
34rules and regulations, policies and procedures and requirements of the police department and the
35chief of police of the town of Freetown, including but not limited to, restrictions on the type of 3 of 3
36detail assignments, requirements regarding medical examinations to determine continuing
37capability to perform the duties of a special police officer, requirements for training,
38requirements for firearms licensing and qualifications, requirements for maintaining a medical or
39liability policy and requirements regarding uniforms and equipment. Compliance with all
40requirements shall be at no cost to the town of Freetown. A special police officer appointed
41under this act shall be subject to certification standards pursuant to section 4 of chapter 6E of the
42General Laws.
43 SECTION 6. Special police officers appointed pursuant to this act shall be sworn before
44the town clerk of the town of Freetown, who shall keep a record of all such appointments.
45 SECTION 7. Appointment as a special police officer pursuant to this act shall not entitle
46any officer to assignment to any specific detail or type of detail. All assignments shall be made in
47the sole discretion of the chief of police. Special police officers appointed pursuant to this act
48shall be paid the hourly detail rate applicable to regular full-time officers, including any changes
49to such rate, but shall not be entitled to any other town benefits.
50 SECTION 8. Special police officers appointed under this act shall be subject to the
51limitations on hours worked and on earnings by retired municipal employees described in
52paragraph (b) of section 91 of chapter 32 of the General Laws.
53 SECTION 9. This act shall take effect upon its passage.