Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S2424 Latest Draft

Bill / Introduced Version Filed 07/13/2023

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