1 | 1 | | SENATE . . . . . . . . . . . . . . No. 2937 |
---|
2 | 2 | | The Commonwealth of Massachusetts |
---|
3 | 3 | | _______________ |
---|
4 | 4 | | In the One Hundred and Ninety-Third General Court |
---|
5 | 5 | | (2023-2024) |
---|
6 | 6 | | _______________ |
---|
7 | 7 | | SENATE, August 15, 2024. |
---|
8 | 8 | | The committee on Public Service to whom was referred the petition (accompanied by |
---|
9 | 9 | | bill, Senate, No. 2855) of Marc R. Pacheco and Angelo L. D'Emilia (by vote of the town) for |
---|
10 | 10 | | legislation relative to the appointment of retired police officers as special police officers in the |
---|
11 | 11 | | town of Raynham, report the accompanying bill (Senate, No. 2937). |
---|
12 | 12 | | For the committee, |
---|
13 | 13 | | Michael D. Brady 1 of 3 |
---|
14 | 14 | | FILED ON: 8/8/2024 |
---|
15 | 15 | | SENATE . . . . . . . . . . . . . . No. 2937 |
---|
16 | 16 | | The Commonwealth of Massachusetts |
---|
17 | 17 | | _______________ |
---|
18 | 18 | | In the One Hundred and Ninety-Third General Court |
---|
19 | 19 | | (2023-2024) |
---|
20 | 20 | | _______________ |
---|
21 | 21 | | An Act relative to the appointment of retired police officers as special police officers in the town |
---|
22 | 22 | | of Raynham. |
---|
23 | 23 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
---|
24 | 24 | | of the same, as follows: |
---|
25 | 25 | | 1 SECTION 1. SECTION 1. Notwithstanding any general or special law to the contrary, |
---|
26 | 26 | | 2the board of selectmen in the town of Raynham may appoint, as the Police Chief considers |
---|
27 | 27 | | 3necessary, retired police officers of the town of Raynham as special police officers to perform |
---|
28 | 28 | | 4police details or police duties arising there from or during the course of the police detail work, |
---|
29 | 29 | | 5whether or not related to the detail work. Such retired police officers shall have been regular |
---|
30 | 30 | | 6police officers and voluntary retired based on superannuation. No further deductions shall be |
---|
31 | 31 | | 7made from the regular compensation of such retired police officers under chapter 32 of the |
---|
32 | 32 | | 8General Laws for any service subsequent to reaching 65 years of age an, upon retirement, such |
---|
33 | 33 | | 9retired police officers shall receive a superannuation retirement allowance equal to that which |
---|
34 | 34 | | 10they would have been entitled had they retired at 65 years of age. The special police officers |
---|
35 | 35 | | 11shall not be subject to the maximum age restrictions applied to regular police officers under |
---|
36 | 36 | | 12chapter 32 of the General Laws but shall not be eligible to serve as special police officers if they |
---|
37 | 37 | | 13have reached the age of 70. Such special police officer shall pass a medical examination by a 2 of 3 |
---|
38 | 38 | | 14physician or other certified professional chosen by the Town to determine that the officer is |
---|
39 | 39 | | 15capable of performing the essential duties of a special police officer, the cost of which shall be |
---|
40 | 40 | | 16borne by the special police officer, prior to performing police details. |
---|
41 | 41 | | 17 SECTION 2. Special police officers appointed pursuant to this act shall not be subject to |
---|
42 | 42 | | 18chapter 31 of the General Laws, sections 85H and 85H½ of chapter 32 of the General Laws, |
---|
43 | 43 | | 19sections 99A, 100 or 111F of chapter 41 of the General Laws, or chapter 150E of the General |
---|
44 | 44 | | 20Laws. Special police officers appointed pursuant to this act shall be subject to chapter 151A of |
---|
45 | 45 | | 21the General Laws. |
---|
46 | 46 | | 22 SECTION 3. Special police officers appointed under this act shall, when performing the |
---|
47 | 47 | | 23duties under section 1, have the same power to make arrests and to perform other police |
---|
48 | 48 | | 24functions as do regular police officers of the Town of Raynham. |
---|
49 | 49 | | 25 SECTION 4. Special police officers shall be re-appointed annually, subject to removal by |
---|
50 | 50 | | 26the Board of Selectmen at any time with 14 days’ written notice except in cases where the Police |
---|
51 | 51 | | 27Chief determines that immediate action is necessary to protect the public safety. Upon request, |
---|
52 | 52 | | 28the Police Chief shall provide reasons for removal in writing. |
---|
53 | 53 | | 29 SECTION 5. Special police officers appointed pursuant to this act shall be subject to the |
---|
54 | 54 | | 30rules and regulations, policies and procedures and requirements of the Police Department and |
---|
55 | 55 | | 31Police Chief of the town of Raynham, including restrictions on the type of detail assignment, |
---|
56 | 56 | | 32requirements regarding medical examinations to determine continued capacity to perform the |
---|
57 | 57 | | 33duties of a special police officer, requirements for training, requirements for firearm licensing |
---|
58 | 58 | | 34and qualification and requirements regarding uniforms and equipment. Compliance with all 3 of 3 |
---|
59 | 59 | | 35requirements shall be at no cost to the town. Special police officers shallnot be subject to section |
---|
60 | 60 | | 3696B of chapter 41 of the General Laws. |
---|
61 | 61 | | 37 SECTION 6. Special police officers appointed under this act shall be sworn before the |
---|
62 | 62 | | 38town clerk of the town of Raynham who shall keep a record of all such appointments. |
---|
63 | 63 | | 39 SECTION 7. Appointment as a special police officer pursuant to this act shall not entitle |
---|
64 | 64 | | 40any officer to assignment to any specific detail or type of detail. |
---|
65 | 65 | | 41 SECTION 8. Retired police officers serving as special police officers under this act shall |
---|
66 | 66 | | 42be subject to the limitations on hours worked and on payments to retired town employees |
---|
67 | 67 | | 43pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws. |
---|
68 | 68 | | 44 SECTION 9. This act shall take effect upon its passage. |
---|