SENATE, No. 2047

By Mr. Barrios, a petition (accompanied by bill, Senate, No. 2047) of Jarrett T. Barrios and Timothy J. Toomey, Jr. (with approval ofthe mayor and city council) for legislation to authorize the appointment of special police officers in the city of Somerville. Public Service. {Local approval received.}

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.


AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL POLICE OFFICERS IN THE CITY OF SOMERVILLE

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

                                    Notwithstanding any contrary provision of the General Laws, the Mayor of the City of Somerville may appoint special police officers as he/she deems necessary for the purpose of performing police details or any police duties arising therefrom or during the course of said police detail work, regardless of whether or not related to said detail work.  Said special police officers so appointed or used shall not have reached the age of sixty-six years old.  A special police officer must pass a medical examination, by a physician or other certified professional chosen by the City, to determine that he/she is capable of performing the essential duties of a special police officer, the cost of which shall be borne by the special police officer, prior to performing police details. A special police officer must be a former City of Somerville Police Officer, or a current Housing Authority Police Officer for the City of Somerville.

Section 2.   Unless otherwise set forth in this Act, special police officers appointed under the provisions of this act shall not be subject to the provisions of the following general laws or rules promulgated thereunder, nor entitled to any benefits of such general laws or rules promulgated thereunder: chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws, section 100 and 111F of chapter 41 of the General Laws, chapter 152 of the General Laws, and chapter 32 of the General Laws.

Section 3.   Said special police officers shall, when performing the duties pursuant to section 1 above, have the same power to make arrests and to perform other police functions as do regular police officers of the City.

Section 4. Special police officers may be appointed for a term of one year or less and may be suspended, removed or discharged at any time by the Mayor with fourteen (14) days written notice. Upon request, the Mayor shall provide the reasons for suspension, removal, or discharge in writing.  Said suspension, removal, or discharge shall be the final decision of the City. 

Section 5. Said special police officers shall also be subject to the rules and regulations, policies and procedures and requirements ("requirements") of the Police Chief, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special police officer, requirements for training, requirements for firearms licensing and qualifications, and requirements regarding uniforms and equipment. Said special police officers shall not be subject to the provisions of section 96B of chapter 41 of the General Laws.

Section 6. Said special police officers shall be sworn before the City Clerk of the City who shall keep a record of all such appointments.

Section 7. Appointment as a special police officer does not entitle any individual appointed as such to assignment to any detail(s).

Section 8.  Special police officers appointed pursuant to this Act shall be subject to the limitations on hours worked and on payments to retired City employees pursuant to the provisions of section 91(b) of chapter 32 of the General Laws.  The Police Chief will devise a method for the assignment of details to retired police officers, with the approval of all relevant collective bargaining units. 

Section 9.  Chapter 368 of the Acts of 1986 is hereby repealed. 

Section 10. This act shall take effect upon its passage.