Removing Special Police Officer Residency Requirement
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Chapter 74 of the acts of 2020 is hereby repealed.
Notwithstanding any general or special law, rule or regulation to the contrary, the town manager of the town of Weston may appoint, at the recommendation of the chief of police and as the chief of police deems necessary, retired police officers as special police officers to perform police details or any police duties arising from police details or during the course of police detail work, whether or not related to the detail work. Such retired police officers shall have been regular full-time police officers who voluntarily retired based upon superannuation. No further deductions shall be made from the regular compensation of such retired police officers under chapter 32 of the General Laws for any service subsequent to reaching 65 years of age and, upon retirement, such retired police officers shall receive a superannuation retirement allowance equal to that which they would have been entitled had they retired at 65 years of age. Special police officers appointed pursuant to this act shall not be subject to the maximum age restrictions applied to regular police officers under said chapter 32; provided, however, that such special police officers shall not be eligible to serve as special police officers after reaching 70 years of age. Prior to appointment pursuant to this act, a special police officer shall provide certification to the town that they are covered by personal health insurance and shall pass a medical examination by a physician chosen by the town to determine that the officer is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer.
Special police officers appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E of the General Laws; provided, however, that they shall be subject to chapter 151A of the General Laws. A special police officer appointed pursuant to this act shall comply with all requirements of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the Massachusetts Peace Officer Standards and Training Commission; and (ii) complying with all annual in-service and other training requirements mandated by the municipal police training committee.
When performing the duties under section 1, special police officers appointed pursuant to this act shall have the same power to make arrests and to perform other police functions as do regular police officers of the town of Weston.
Special police officers appointed pursuant to this act shall subject to removal by the town manager at any time with 14-day written notice.
Special police officers appointed pursuant to this act shall be subject to the rules and regulations, policies, procedures and requirements of the police department and the chief of police of the town of Weston, including: (i) restrictions on the type of detail assignments; (ii) requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms qualifications and licensing; and (v) requirements regarding uniforms and equipment; provided, however, that the cost of compliance with all requirements shall be at no cost to the town of Weston.
Special police officers appointed pursuant to this act shall be sworn before the town clerk of the town of Weston, who shall keep a record of all such appointments.
Special police officers appointed pursuant to this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details or averaged over such lesser period of time for any officer designated as a special police officer less than 52 weeks before the incapacity. In no event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F of said chapter 41 shall terminate when a physician designated by the town determines that the disability no longer exists or when the special police officer reaches 70 years of age. Special police officers appointed pursuant to this act shall not be subject to or eligible for any benefits under section 85H or 85H1/2 of said chapter 32.
Appointment as a special police officer pursuant to this act shall not entitle a special police officer to assignment to any detail. Special police officers shall be paid the detail rate applicable to regular full-time officers but shall not be entitled to any other town benefits.
Retired police officers serving as special police officers pursuant to this act shall be subject to the limitations on hours worked and on payments to retired town employees under paragraph (b) of section 91 of chapter 32 of the General Laws.
This act shall take effect upon its passage.
SECTION 1. Chapter 74 of the acts of 2020 is hereby repealed. SECTION 2. Notwithstanding any general or special law, rule or regulation to the contrary, the town manager of the town of Weston may appoint, at the recommendation of the chief of police and as the chief of police deems necessary, retired police officers as special police officers to perform police details or any police duties arising from police details or during the course of police detail work, whether or not related to the detail work. Such retired police officers shall have been regular full-time police officers who voluntarily retired based upon superannuation. No further deductions shall be made from the regular compensation of such retired police officers under chapter 32 of the General Laws for any service subsequent to reaching 65 years of age and, upon retirement, such retired police officers shall receive a superannuation retirement allowance equal to that which they would have been entitled had they retired at 65 years of age. Special police officers appointed pursuant to this act shall not be subject to the maximum age restrictions applied to regular police officers under said chapter 32; provided, however, that such special police officers shall not be eligible to serve as special police officers after reaching 70 years of age. Prior to appointment pursuant to this act, a special police officer shall provide certification to the town that they are covered by personal health insurance and shall pass a medical examination by a physician chosen by the town to determine that the officer is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer. SECTION 3. Special police officers appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E of the General Laws; provided, however, that they shall be subject to chapter 151A of the General Laws. A special police officer appointed pursuant to this act shall comply with all requirements of chapter 6E of the General Laws, including: (i) maintaining certification and good standing with the Massachusetts Peace Officer Standards and Training Commission; and (ii) complying with all annual in-service and other training requirements mandated by the municipal police training committee. SECTION 4. When performing the duties under section 1, special police officers appointed pursuant to this act shall have the same power to make arrests and to perform other police functions as do regular police officers of the town of Weston. SECTION 5. Special police officers appointed pursuant to this act shall subject to removal by the town manager at any time with 14-day written notice. SECTION 6. Special police officers appointed pursuant to this act shall be subject to the rules and regulations, policies, procedures and requirements of the police department and the chief of police of the town of Weston, including: (i) restrictions on the type of detail assignments; (ii) requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer; (iii) requirements for training; (iv) requirements for firearms qualifications and licensing; and (v) requirements regarding uniforms and equipment; provided, however, that the cost of compliance with all requirements shall be at no cost to the town of Weston. SECTION 7. Special police officers appointed pursuant to this act shall be sworn before the town clerk of the town of Weston, who shall keep a record of all such appointments. SECTION 8. Special police officers appointed pursuant to this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a special police officer working police details or averaged over such lesser period of time for any officer designated as a special police officer less than 52 weeks before the incapacity. In no event shall payment under said section 111F of said chapter 41 exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F of said chapter 41 shall terminate when a physician designated by the town determines that the disability no longer exists or when the special police officer reaches 70 years of age. Special police officers appointed pursuant to this act shall not be subject to or eligible for any benefits under section 85H or 85H1/2 of said chapter 32. SECTION 9. Appointment as a special police officer pursuant to this act shall not entitle a special police officer to assignment to any detail. Special police officers shall be paid the detail rate applicable to regular full-time officers but shall not be entitled to any other town benefits. SECTION 10. Retired police officers serving as special police officers pursuant to this act shall be subject to the limitations on hours worked and on payments to retired town employees under paragraph (b) of section 91 of chapter 32 of the General Laws. SECTION 11. This act shall take effect upon its passage.