| 1 | 1 | | HOUSE . . . . . . . . No. 5127 |
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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, November 27, 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. 4987) of Alice Hanlon Peisch |
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| 7 | 7 | | and Michael J. Barrett (by vote of the town) relative to increasing the age |
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| 8 | 8 | | limit for retired police officers serving as special police officers in the |
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| 9 | 9 | | town of Weston, reports recommending that the accompanying bill |
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| 10 | 10 | | (House, No. 5127) 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 4 |
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| 13 | 13 | | FILED ON: 11/26/2024 |
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| 14 | 14 | | HOUSE . . . . . . . . . . . . . . . No. 5127 |
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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 increasing the age limit for retired police officers serving as special police officers in the |
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| 21 | 21 | | town of Weston. |
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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. Chapter 74 of the Acts of 2020 is hereby repealed. |
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| 25 | 25 | | 2 SECTION 2. Notwithstanding any general or special law, rule, or regulation to the |
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| 26 | 26 | | 3contrary, the town manager of the town of Weston may appoint, at the recommendation of the |
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| 27 | 27 | | 4chief of police and as the chief of police deems necessary, retired police officers as special police |
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| 28 | 28 | | 5officers to perform police detail or any police duties arising from police details or during the |
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| 29 | 29 | | 6course of police detail work, whether or not related to the detail work. Such retired police |
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| 30 | 30 | | 7officers shall have been regular full-time police officers in the town of Weston who voluntarily |
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| 31 | 31 | | 8retired based upon superannuation. No further deductions shall be made from the regular |
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| 32 | 32 | | 9compensation of such retired police officers under chapter 32 of the General Laws for any |
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| 33 | 33 | | 10service subsequent to reaching 65 years of age and, upon retirement, such retired police officers |
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| 34 | 34 | | 11shall receive a superannuation retirement allowance equal to that which they would have been |
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| 35 | 35 | | 12entitled had they retired at 65 years of age. The special police officers shall not be subject to the |
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| 36 | 36 | | 13maximum age restrictions applied to regular police officers under chapter 32 of the General 2 of 4 |
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| 37 | 37 | | 14Laws but shall not be eligible to serve as special police officers if they have reached the age of |
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| 38 | 38 | | 1570. Prior to their appointment, the special police officers shall provide certification to the town |
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| 39 | 39 | | 16that they are covered by personal health insurance and shall pass a medical examination by a |
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| 40 | 40 | | 17physician chosen by the town to determine that they are capable of performing the essential |
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| 41 | 41 | | 18duties of a special police officer, the cost of which shall be borne by the special police officers. |
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| 42 | 42 | | 19 SECTION 3. Special police officers appointed under this act shall not be subject to |
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| 43 | 43 | | 20chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E |
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| 44 | 44 | | 21of the General Laws; provided, however, that they shall be subject to chapter 151A of the |
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| 45 | 45 | | 22General Laws. |
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| 46 | 46 | | 23 SECTION 4. When performing the duties under section 1, special police officers |
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| 47 | 47 | | 24appointed under this act shall have the same power to make arrests and to perform other police |
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| 48 | 48 | | 25functions as do regular police officers of the town of Weston. |
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| 49 | 49 | | 26 SECTION 5. Special police officers shall be appointed for an indefinite term to serve at |
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| 50 | 50 | | 27the pleasure of the town manager of the town of Weston, pursuant to the age limitations provided |
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| 51 | 51 | | 28in Section 1, and they shall be subject to removal by the town manager at any time with a 14-day |
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| 52 | 52 | | 29written notice. |
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| 53 | 53 | | 30 SECTION 6. Special police officers appointed under this act shall be subject to the rules |
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| 54 | 54 | | 31and regulations, policies, procedures and requirements of the police department and the chief of |
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| 55 | 55 | | 32police of the town of Weston, including: (i) restrictions on the type of detail assignments; (ii) |
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| 56 | 56 | | 33requirements regarding medical examinations to determine continuing capability to perform the |
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| 57 | 57 | | 34duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms |
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| 58 | 58 | | 35qualifications and licensing; and (v) requirements regarding uniforms and equipment; provided, 3 of 4 |
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| 59 | 59 | | 36however, that the cost of compliance with all requirements shall be at no cost to the town of |
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| 60 | 60 | | 37Weston. Special police officers appointed under this act shall not be subject to section 96B of |
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| 61 | 61 | | 38chapter 41 of the General Laws. |
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| 62 | 62 | | 39 SECTION 7. Special police officers appointed under this act shall be sworn before the |
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| 63 | 63 | | 40town clerk of the town of Weston, who shall keep a record of all such appointments. |
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| 64 | 64 | | 41 SECTION 8. Special police officers appointed under this act shall be subject to sections |
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| 65 | 65 | | 42100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of |
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| 66 | 66 | | 43said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a |
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| 67 | 67 | | 44special police officer working police details or averaged over such lesser period of time for any |
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| 68 | 68 | | 45officer designated as a special police officer less than 52 weeks before the incapacity. In no event |
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| 69 | 69 | | 46shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the |
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| 70 | 70 | | 47limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. |
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| 71 | 71 | | 48Payment under said section 111F of said chapter 41 shall terminate either when a physician |
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| 72 | 72 | | 49designated by the town determines that the disability no longer exists or when a special police |
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| 73 | 73 | | 50officer reaches the age of 70. Special police officers appointed under this act shall not be subject |
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| 74 | 74 | | 51to or eligible for any benefits under section 85H or 85H1/2 of said chapter 32. |
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| 75 | 75 | | 52 SECTION 9. Appointment as a special police officer under this act shall not entitle any |
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| 76 | 76 | | 53individual appointed as such to assignment to any detail. Special police officers shall be paid the |
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| 77 | 77 | | 54detail rate applicable to regular full-time officers but shall not be entitled to any other town |
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| 78 | 78 | | 55benefits. 4 of 4 |
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| 79 | 79 | | 56 SECTION 10. Retired police officers, serving as special police officers under this act, |
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| 80 | 80 | | 57shall be subject to the limitations on hours worked and on payments to retired town employees |
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| 81 | 81 | | 58under paragraph (b) of section 91 of chapter 32 of the General Laws. |
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| 82 | 82 | | 59 SECTION 11. This act shall take effect upon its passage |
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