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Massachusetts House Bill H2992

Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H2992 Compare Versions

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22 HOUSE DOCKET, NO. 1891 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 2992
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Tommy Vitolo
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 authorizing the appointment or retired police officers as special police officers in the
1313 town of Brookline.
1414 _______________
1515 PETITION OF:
1616 NAME:DISTRICT/ADDRESS :DATE ADDED:Tommy Vitolo15th Norfolk1/15/2025Cynthia Stone CreemNorfolk and Middlesex1/29/2025William F. MacGregor10th Suffolk1/29/2025Greg Schwartz12th Middlesex1/21/2025 1 of 3
1717 HOUSE DOCKET, NO. 1891 FILED ON: 1/15/2025
1818 HOUSE . . . . . . . . . . . . . . . No. 2992
1919 By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 2992) of
2020 Tommy Vitolo and others (by vote of the town) that the town of Brookline be authorized to
2121 appoint retired police officers as special police officers in said town. Public Service. [Local
2222 Approval Received.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act authorizing the appointment or retired police officers as special police officers in the
2929 town of Brookline.
3030 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3131 of the same, as follows:
3232 1 SECTION 1. Subject to the approval of the town administrator of the Town of Brookline,
3333 2the Chief of Police of the town of Brookline may appoint retired Brookline police officers as
3434 3special police officers for the purpose of performing police details or any police duties arising
3535 4from police details or during the course of police detail work, whether or not related to the detail
3636 5work. The retired police officers shall have been regular Brookline police officers and have been
3737 6retired based on superannuation. A retired police officer shall not be appointed under this act as a
3838 7special police officer if the officer has been retired for more than 5 years. A special police officer
3939 8appointed under this act shall not be subject to the same maximum age restrictions applied to
4040 9regular Brookline police officers under chapter 32 of the General Laws; provided, however, that
4141 10a special police officer shall not be able to serve if the special police officer has reached the age
4242 11of 70. Prior to performing police details, a special police officer appointed under this act shall 2 of 3
4343 12pass a medical examination by a physician or other certified professional chosen or agreed to by
4444 13the department to determine that the retired police officer is capable of performing the essential
4545 14duties of a special police officer, the cost of which shall be borne by the special police officer.
4646 15 SECTION 2. A special police officer appointed under this act shall not be subject to
4747 16chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws, chapter 150E of
4848 17the General Laws or chapter 151A of the General Laws.
4949 18 SECTION 3. A special police officer appointed under this act shall, when performing the
5050 19duties under section 1, have the same power to make arrests and perform other police functions
5151 20as regular police officers in the town of Brookline.
5252 21 SECTION 4. A special police officer appointed under this act shall be appointed for an
5353 22indefinite term, subject to suspension or removal by the chief of police with approval by the
5454 23town administrator at any time. A special police officer shall be provided 14 calendar days
5555 24written notice prior to a permanent removal.
5656 25 SECTION 5. A special police officer appointed under this act shall be subject to the
5757 26rules, regulations, policies, procedures and requirements of the chief of police including, but not
5858 27limited to:
5959 28 (i) restrictions on the type of detail assignments; (ii) requirements regarding medical
6060 29examinations to determine continuing capability to perform the duties of a special police officer;
6161 30(iii) requirements for training; (iv) requirements for firearms licensing and qualifications; (v)
6262 31requirements for maintaining a medical insurance policy; (vi) and requirements regarding
6363 32uniforms and equipment. A special police officers shall not be subject to section 96B of chapter 3 of 3
6464 3341 of the General Laws. The cost of all training, uniforms, and equipment shall be borne by the
6565 34special police officer.
6666 35 SECTION 6. Special police officers appointed under this act shall be sworn before the
6767 36town clerk of the town of Brookline who shall keep a record of all such appointments.
6868 37 SECTION 7. Sections 100 and 111F of chapter 41 of the General Laws shall not apply to
6969 38a special police officer appointed under this act. A special police officer appointed under this act
7070 39shall not be subject to section 85h or 85h ½ of chapter 32 of the General Laws nor eligible for
7171 40any benefits pursuant thereto.
7272 41 SECTION 8. Appointment as a special police officer under this act shall not entitle the
7373 42appointee to any assignment to any detail.
7474 43 SECTION 9. A retired Brookline police officer serving as a special police officer under
7575 44this act shall be subject to the limitations on hours worked and on payments to retired town
7676 45employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
7777 46 SECTION 10. This act shall take effect upon its passage, or act on anything relative
7878 47thereto.