| 1 | 1 | | HOUSE . . . . . . . . No. 5025 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | ________________________________________ |
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| 4 | 4 | | HOUSE OF REPRESENTATIVES, August 26, 2024. |
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| 5 | 5 | | The committee on Public Service, to whom was referred the joint |
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| 6 | 6 | | petition (accompanied by bill, House, No. 4729) of Meghan Kilcoyne and |
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| 7 | 7 | | Peter J. Durant (by vote of the town) that town of Sterling be authorized to |
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| 8 | 8 | | appoint retired police officers in said town to serve as special police |
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| 9 | 9 | | officers, reports recommending that the accompanying bill (House, No. |
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| 10 | 10 | | 5025) ought to pass [Local Approval Received]. |
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| 11 | 11 | | For the committee, |
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| 12 | 12 | | KENNETH I. GORDON. 1 of 3 |
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| 13 | 13 | | FILED ON: 8/23/2024 |
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| 14 | 14 | | HOUSE . . . . . . . . . . . . . . . No. 5025 |
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| 15 | 15 | | The Commonwealth of Massachusetts |
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| 16 | 16 | | _______________ |
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| 17 | 17 | | In the One Hundred and Ninety-Third General Court |
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| 18 | 18 | | (2023-2024) |
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| 19 | 19 | | _______________ |
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| 20 | 20 | | An Act authorizing the appointment of retired police officers in the town of Sterling to serve as |
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| 21 | 21 | | special police officers. |
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| 22 | 22 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 23 | 23 | | of the same, as follows: |
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| 24 | 24 | | 1 SECTION 1. (a) The Select Board in the town of Sterling may appoint, as they deem |
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| 25 | 25 | | 2necessary, and upon the recommendation of the Chief of Police, retired police officers of the |
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| 26 | 26 | | 3town of Sterling as special police officers to perform police details or police duties arising from |
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| 27 | 27 | | 4the police details or during the course of police detail work, whether or not related to the detail |
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| 28 | 28 | | 5work. The retired police officers shall have been regular police officers and retired based on |
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| 29 | 29 | | 6superannuation. The special police officers shall not be subject to the maximum age restrictions |
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| 30 | 30 | | 7applied to regular police officers under Chapter 32 of the General Laws but shall not be eligible |
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| 31 | 31 | | 8to serve as special police officers if they have reached the age of 70. A special police officer |
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| 32 | 32 | | 9shall pass a medical examination by a physician or other certified professional chosen by the |
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| 33 | 33 | | 10town to determine that the officer is capable of performing the essential duties of a special police |
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| 34 | 34 | | 11officer, the cost of which shall be borne by the special police officer, prior to performing police |
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| 35 | 35 | | 12details. 2 of 3 |
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| 36 | 36 | | 13 (b) Special police officers appointed pursuant to this act shall not be subject to Chapter |
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| 37 | 37 | | 1431 of the General Laws, section 85H of Chapter 32 of the General Laws or sections 99A, 100 or |
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| 38 | 38 | | 15111F of Chapter 41 of the General Laws. Special police officers appointed pursuant to this act |
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| 39 | 39 | | 16shall be subject to Chapter 151A of the General Laws. |
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| 40 | 40 | | 17 (c) Special police officers shall, when performing their duties under subsection (a), have |
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| 41 | 41 | | 18the same powers to make arrests and perform other functions as do regular police officers in the |
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| 42 | 42 | | 19town. |
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| 43 | 43 | | 20 (d) Special police officers shall be re-appointed annually, subject to removal by the Select |
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| 44 | 44 | | 21Board at any time with 14 days' written notice. Upon request, the police chief shall provide |
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| 45 | 45 | | 22reasons for removal in writing. |
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| 46 | 46 | | 23 (e) Special police officers appointed pursuant to this act shall be subject to the rules and |
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| 47 | 47 | | 24regulations, policies and procedures and requirements of the police department and police chief |
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| 48 | 48 | | 25of the town, including restrictions on the type of detail assignment, requirements regarding |
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| 49 | 49 | | 26medical examinations to determine continued capacity to perform the duties of a special police |
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| 50 | 50 | | 27officer, requirements for training, requirements for firearm licensing and qualification and |
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| 51 | 51 | | 28requirements regarding uniforms and equipment. Special police officers shall not be subject to |
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| 52 | 52 | | 29section 96B of Chapter 41 of the General Laws. |
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| 53 | 53 | | 30 (f) Special police officers appointed pursuant to this act shall be sworn in before the town |
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| 54 | 54 | | 31clerk of the town, who shall keep a record of all such appointments. |
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| 55 | 55 | | 32 (g) An individual who is appointed as a special police officer pursuant to this act shall be |
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| 56 | 56 | | 33eligible for assignment to any detail, subject to the provisions of any collective bargaining |
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| 57 | 57 | | 34agreement then in effect in the town between the town and the police union. 3 of 3 |
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| 58 | 58 | | 35 (h) Retired police officers in the town service as special police officers pursuant to this |
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| 59 | 59 | | 36act shall be subject to the limitations on hours worked and on payments to retired town |
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| 60 | 60 | | 37employees set forth in subsection (b) of section 91 of Chapter 32 of the General Laws. |
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| 61 | 61 | | 38 (i) No further deductions shall be made from the regular compensation of special police |
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| 62 | 62 | | 39officers under chapter 32 of the General Laws for any service subsequent to them reaching 65 |
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| 63 | 63 | | 40years of age and, upon retirement, special police officers shall receive a superannuation |
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| 64 | 64 | | 41retirement allowance equal to that which they would have been entitled had they retired at 65 |
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| 65 | 65 | | 42years of age. |
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| 66 | 66 | | 43 SECTION 2. This act shall take effect upon its passage. |
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