| 1 | 1 | | 1 of 3 |
|---|
| 2 | 2 | | FILED ON: 7/13/2023 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2424 |
|---|
| 4 | 4 | | Senate, July 13, 2023 -- Substituted as a new draft (Senator O'Connor) for the Senate Bill |
|---|
| 5 | 5 | | authorizing the town of Scituate to appoint retired police officers as special police officers |
|---|
| 6 | 6 | | (Senate, No. 1710). |
|---|
| 7 | 7 | | The Commonwealth of Massachusetts |
|---|
| 8 | 8 | | _______________ |
|---|
| 9 | 9 | | In the One Hundred and Ninety-Third General Court |
|---|
| 10 | 10 | | (2023-2024) |
|---|
| 11 | 11 | | _______________ |
|---|
| 12 | 12 | | An Act authorizing the town of Scituate to appoint retired police officers as special police |
|---|
| 13 | 13 | | officers. |
|---|
| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 15 | 15 | | of the same, as follows: |
|---|
| 16 | 16 | | 1 SECTION 1. The town administrator of the town of Scituate may appoint, as the town |
|---|
| 17 | 17 | | 2administrator deems necessary, retired Scituate Police Officers as special police officers to |
|---|
| 18 | 18 | | 3perform police details or any police duties arising therefrom or during the course of police detail |
|---|
| 19 | 19 | | 4work, whether or not related to the detail work. Special police officers appointed pursuant to this |
|---|
| 20 | 20 | | 5act shall not be subject to the maximum age restriction applied to regular police officers pursuant |
|---|
| 21 | 21 | | 6to chapter 32 of the General Laws or section 2 of chapter 415 of the acts of 1987 but shall be |
|---|
| 22 | 22 | | 7subject to a maximum age restriction of 70 years of age. Prior to appointment under this act, a |
|---|
| 23 | 23 | | 8special police officer shall pass a medical examination by a physician or other certified |
|---|
| 24 | 24 | | 9professional chosen by the town to determine that they are capable of performing the essential |
|---|
| 25 | 25 | | 10duties of a special police officer, the cost of which shall be borne by the special police officer. |
|---|
| 26 | 26 | | 11Retired police officers shall have previously served as regular, full-time police officers for the |
|---|
| 27 | 27 | | 12town of Scituate and voluntarily retired based upon superannuation in accordance with said 2 of 3 |
|---|
| 28 | 28 | | 13chapter 32. A special police officer appointed under this act shall comply with all requirements |
|---|
| 29 | 29 | | 14of chapter 6E of the General Laws, including: (i) maintaining certification and good standing |
|---|
| 30 | 30 | | 15with the Massachusetts Peace Officer Standards and Training Commission; and (ii) complying |
|---|
| 31 | 31 | | 16with all annual in-service and other training requirements mandated by the municipal police |
|---|
| 32 | 32 | | 17training committee. |
|---|
| 33 | 33 | | 18 SECTION 2. Special police officers appointed pursuant this act shall not be subject to |
|---|
| 34 | 34 | | 19chapter 31 of the General Laws or section 99A of chapter 41 of the General Laws. |
|---|
| 35 | 35 | | 20 SECTION 3. Special police officers appointed pursuant to this act shall, when performing |
|---|
| 36 | 36 | | 21the duties under section 1, have the same power to make arrests and perform other police |
|---|
| 37 | 37 | | 22functions as regular police officers of the town of Scituate. |
|---|
| 38 | 38 | | 23 SECTION 4. Special police officers appointed pursuant to this act shall be appointed for |
|---|
| 39 | 39 | | 24an indefinite term, subject to removal by the town administrator at any time with 14 days’ |
|---|
| 40 | 40 | | 25written notice. Upon request, the town administrator shall provide the reasons for removal in |
|---|
| 41 | 41 | | 26writing. |
|---|
| 42 | 42 | | 27 SECTION 5. Special police officers appointed pursuant to this act shall also be subject to |
|---|
| 43 | 43 | | 28the rules and regulations, policies and procedures and requirements of the town administrator and |
|---|
| 44 | 44 | | 29the chief of police of the town of Scituate, including, but not limited to, restrictions on the type |
|---|
| 45 | 45 | | 30of detail assignments, requirements regarding medical examinations to determine continuing |
|---|
| 46 | 46 | | 31capability to perform the duties of a special police officer, requirements for training, |
|---|
| 47 | 47 | | 32requirements for firearms licensing and qualifications and requirements regarding uniforms and |
|---|
| 48 | 48 | | 33equipment. Special police officers shall not be subject to section 96B of chapter 41 of the |
|---|
| 49 | 49 | | 34General Laws. 3 of 3 |
|---|
| 50 | 50 | | 35 SECTION 6. Special police officers appointed pursuant to this act shall be sworn in |
|---|
| 51 | 51 | | 36before the town clerk of the town of Scituate, who shall keep a record of all such appointments. |
|---|
| 52 | 52 | | 37 SECTION 7. Special police officers appointed pursuant this act shall be subject to |
|---|
| 53 | 53 | | 38sections 100 and 111F of chapter 41 of the General Laws. The amount payable pursuant to said |
|---|
| 54 | 54 | | 39section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior |
|---|
| 55 | 55 | | 4052 weeks as a special police officer working police details or by averaging the amount over a |
|---|
| 56 | 56 | | 41lesser period of time for any officer designated as a special police officer less than 52 weeks |
|---|
| 57 | 57 | | 42prior to the incapacity. Payment pursuant to said section 111F of said chapter 41 shall not |
|---|
| 58 | 58 | | 43exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 |
|---|
| 59 | 59 | | 44of chapter 32 of the General Laws. Payments pursuant to said section 111F of said chapter 41 |
|---|
| 60 | 60 | | 45shall terminate when a special police officer reaches the age of 65 years. Special police officers |
|---|
| 61 | 61 | | 46appointed pursuant to this act shall not be subject to section 85H of said chapter 32 nor shall be |
|---|
| 62 | 62 | | 47eligible for any benefits pursuant thereto. |
|---|
| 63 | 63 | | 48 SECTION 8. Appointment as a special police officer pursuant to this act shall not entitle |
|---|
| 64 | 64 | | 49any individual appointed as such to assignment to any detail. |
|---|
| 65 | 65 | | 50 SECTION 9. Retired Scituate police officers serving as special police officers under this |
|---|
| 66 | 66 | | 51act shall be subject to the limitations on hours worked and on payments to retired town |
|---|
| 67 | 67 | | 52employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws. |
|---|
| 68 | 68 | | 53 SECTION 10. This act shall take effect upon its passage. |
|---|