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SENATE DOCKET, NO. 1486 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1710
The Commonwealth of Massachusetts
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PRESENTED BY:
Patrick M. O'Connor
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the appointment of retired police officers in the town of Scituate.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 3
SENATE DOCKET, NO. 1486 FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 1710
By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 1710) of Patrick M. O'Connor (by
vote of the town) for legislation relative to the appointment of retired police officers in the town
of Scituate. Public Service. [Local Approval Received.]
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 relative to the appointment of retired police officers in the town of Scituate.
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 Town Administrator of the town of Scituate may appoint, as he/she
2deems necessary, retired Scituate Police Officers as Special Police Officers for the purpose of
3performing police details or any police duties arising therefrom or during the course of police
4detail work, regardless of whether or not related to the detail work. The Special Police Officers
5appointed pursuant to this act shall not be subject to the maximum age restriction applied to
6regular police officers pursuant to chapter 32 of the General Laws or section 2 of chapter 415 of
7the acts of 1987, but shall be subject to a maximum age restriction of 70 years of age. A Special
8Police Officer must pass a medical examination, by a physician or other certified professional
9chosen by the town, to determine that he/she is capable of performing the essential duties of a
10Special Police Officer, the cost of which shall be borne by the Special Police Officer, prior to
11performing police details. 2 of 3
12 SECTION 2. Special Police Officers appointed under this act shall not be subject to
13chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws.
14 SECTION 3. Special Police Officers shall, when performing the duties under section 1,
15have the same power to make arrests and perform other police functions as do regular police
16officers of the Town of Scituate.
17 SECTION 4. Special Police Officers shall be appointed for an indefinite term, subject to
18removal by the Town Administrator at any time within 14 days written notice. Upon request, the
19Town Administrator shall provide the reasons for removal in writing.
20 SECTION 5. Special Police Officers shall also be subject to the rules and regulations,
21policies, and procedures and requirements of the Town Administrator and the Chief of Police of
22the Town of Scituate, including restrictions on the type of detail assignments, requirements
23regarding medical examinations to determine continuing capability to perform the duties of a
24special police officer, requirements for training, requirements for firearms, licensing and
25qualifications and requirements regarding uniforms and equipment. Special Police Officers shall
26not be subject to section 96B of chapter 41 of the General Laws.
27 SECTION 6. Special Police Officers shall be sworn before the Town Clerk of the Town
28of Scituate who shall keep a record of all such appointments.
29 SECTION 7. Special Police Officers appointed under this act shall be subject to section
30100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of
31said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a
32Special Police Officer working police details, or averaged over such lesser period of time for any
33officer designated as Special Police Officers less than 52 weeks prior to the incapacity. In no 3 of 3
34event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the
35limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws.
36Payment under said section 111F of said chapter 41 shall terminate when a Special Police
37Officer reaches the age of 65. Special Police Officers appointed under this act shall not be
38subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
39 SECTION 8. Appointment as a Special Police Officer shall entitle any individual
40appointed as such to assignment to any detail.
41 SECTION 9. Retired Scituate police officers, serving as Special Police Officers under
42this act shall be subject to the limitations on hours worked and on payments to retired town
43employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
44 SECTION 10. This act shall take effect upon its passage.