Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1710 Compare Versions

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22 SENATE DOCKET, NO. 1486 FILED ON: 1/19/2023
33 SENATE . . . . . . . . . . . . . . No. 1710
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patrick M. O'Connor
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the appointment of retired police officers in the town of Scituate.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3
1616 SENATE DOCKET, NO. 1486 FILED ON: 1/19/2023
1717 SENATE . . . . . . . . . . . . . . No. 1710
1818 By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1710) of Patrick M. O'Connor (by
1919 vote of the town) for legislation relative to the appointment of retired police officers in the town
2020 of Scituate. Public Service. [Local Approval Received.]
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to the appointment of retired police officers in the town of Scituate.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. The Town Administrator of the town of Scituate may appoint, as he/she
3030 2deems necessary, retired Scituate Police Officers as Special Police Officers for the purpose of
3131 3performing police details or any police duties arising therefrom or during the course of police
3232 4detail work, regardless of whether or not related to the detail work. The Special Police Officers
3333 5appointed pursuant to this act shall not be subject to the maximum age restriction applied to
3434 6regular police officers pursuant to chapter 32 of the General Laws or section 2 of chapter 415 of
3535 7the acts of 1987, but shall be subject to a maximum age restriction of 70 years of age. A Special
3636 8Police Officer must pass a medical examination, by a physician or other certified professional
3737 9chosen by the town, to determine that he/she is capable of performing the essential duties of a
3838 10Special Police Officer, the cost of which shall be borne by the Special Police Officer, prior to
3939 11performing police details. 2 of 3
4040 12 SECTION 2. Special Police Officers appointed under this act shall not be subject to
4141 13chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.
4242 14 SECTION 3. Special Police Officers shall, when performing the duties under section 1,
4343 15have the same power to make arrests and perform other police functions as do regular police
4444 16officers of the Town of Scituate.
4545 17 SECTION 4. Special Police Officers shall be appointed for an indefinite term, subject to
4646 18removal by the Town Administrator at any time within 14 days written notice. Upon request, the
4747 19Town Administrator shall provide the reasons for removal in writing.
4848 20 SECTION 5. Special Police Officers shall also be subject to the rules and regulations,
4949 21policies, and procedures and requirements of the Town Administrator and the Chief of Police of
5050 22the Town of Scituate, including restrictions on the type of detail assignments, requirements
5151 23regarding medical examinations to determine continuing capability to perform the duties of a
5252 24special police officer, requirements for training, requirements for firearms, licensing and
5353 25qualifications and requirements regarding uniforms and equipment. Special Police Officers shall
5454 26not be subject to section 96B of chapter 41 of the General Laws.
5555 27 SECTION 6. Special Police Officers shall be sworn before the Town Clerk of the Town
5656 28of Scituate who shall keep a record of all such appointments.
5757 29 SECTION 7. Special Police Officers appointed under this act shall be subject to section
5858 30100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of
5959 31said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a
6060 32Special Police Officer working police details, or averaged over such lesser period of time for any
6161 33officer designated as Special Police Officers less than 52 weeks prior to the incapacity. In no 3 of 3
6262 34event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the
6363 35limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws.
6464 36Payment under said section 111F of said chapter 41 shall terminate when a Special Police
6565 37Officer reaches the age of 65. Special Police Officers appointed under this act shall not be
6666 38subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
6767 39 SECTION 8. Appointment as a Special Police Officer shall entitle any individual
6868 40appointed as such to assignment to any detail.
6969 41 SECTION 9. Retired Scituate police officers, serving as Special Police Officers under
7070 42this act shall be subject to the limitations on hours worked and on payments to retired town
7171 43employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
7272 44 SECTION 10. This act shall take effect upon its passage.