HOUSE . . . . . . . . No. 5025
The Commonwealth of Massachusetts
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HOUSE OF REPRESENTATIVES, August 26, 2024.
The committee on Public Service, to whom was referred the joint
petition (accompanied by bill, House, No. 4729) of Meghan Kilcoyne and
Peter J. Durant (by vote of the town) that town of Sterling be authorized to
appoint retired police officers in said town to serve as special police
officers, reports recommending that the accompanying bill (House, No.
5025) ought to pass [Local Approval Received].
For the committee,
KENNETH I. GORDON. 1 of 3
FILED ON: 8/23/2024
HOUSE . . . . . . . . . . . . . . . No. 5025
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 in the town of Sterling to serve as
special police officers.
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. (a) The Select Board in the town of Sterling may appoint, as they deem
2necessary, and upon the recommendation of the Chief of Police, retired police officers of the
3town of Sterling as special police officers to perform police details or police duties arising from
4the police details or during the course of police detail work, whether or not related to the detail
5work. The retired police officers shall have been regular police officers and retired based on
6superannuation. The special police officers shall not be subject to the maximum age restrictions
7applied to regular police officers under Chapter 32 of the General Laws but shall not be eligible
8to serve as special police officers if they have reached the age of 70. A special police officer
9shall pass a medical examination by a physician or other certified professional chosen by the
10town to determine that the officer is capable of performing the essential duties of a special police
11officer, the cost of which shall be borne by the special police officer, prior to performing police
12details. 2 of 3
13 (b) Special police officers appointed pursuant to this act shall not be subject to Chapter
1431 of the General Laws, section 85H of Chapter 32 of the General Laws or sections 99A, 100 or
15111F of Chapter 41 of the General Laws. Special police officers appointed pursuant to this act
16shall be subject to Chapter 151A of the General Laws.
17 (c) Special police officers shall, when performing their duties under subsection (a), have
18the same powers to make arrests and perform other functions as do regular police officers in the
19town.
20 (d) Special police officers shall be re-appointed annually, subject to removal by the Select
21Board at any time with 14 days' written notice. Upon request, the police chief shall provide
22reasons for removal in writing.
23 (e) Special police officers appointed pursuant to this act shall be subject to the rules and
24regulations, policies and procedures and requirements of the police department and police chief
25of the town, including restrictions on the type of detail assignment, requirements regarding
26medical examinations to determine continued capacity to perform the duties of a special police
27officer, requirements for training, requirements for firearm licensing and qualification and
28requirements regarding uniforms and equipment. Special police officers shall not be subject to
29section 96B of Chapter 41 of the General Laws.
30 (f) Special police officers appointed pursuant to this act shall be sworn in before the town
31clerk of the town, who shall keep a record of all such appointments.
32 (g) An individual who is appointed as a special police officer pursuant to this act shall be
33eligible for assignment to any detail, subject to the provisions of any collective bargaining
34agreement then in effect in the town between the town and the police union. 3 of 3
35 (h) Retired police officers in the town service as special police officers pursuant to this
36act shall be subject to the limitations on hours worked and on payments to retired town
37employees set forth in subsection (b) of section 91 of Chapter 32 of the General Laws.
38 (i) No further deductions shall be made from the regular compensation of special police
39officers under chapter 32 of the General Laws for any service subsequent to them reaching 65
40years of age and, upon retirement, special police officers shall receive a superannuation
41retirement allowance equal to that which they would have been entitled had they retired at 65
42years of age.
43 SECTION 2. This act shall take effect upon its passage.