H 4234

HOUSE DOCKET, NO. 4824  FILED ON: 6/13/2025
 HOUSE . . . . . . . . . . . . . . . No. 4234
  The Commonwealth of Massachusetts
  _________________
  PRESENTED BY:
  Mark D. Sylvia and Mark C. Montigny
  _________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
   Court assembled:
   The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the appointment of retired police officers as special police officers in the town
  of Fairhaven.
  _______________
  PETITION OF:
NAME:  DISTRICT/ADDRESS:  DATE ADDED:
Mark D. Sylvia  10th Bristol  6/13/2025
Mark C. Montigny  Second Bristol and Plymouth  6/13/2025
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  HOUSE DOCKET, NO. 4824  FILED ON: 6/13/2025
 HOUSE . . . . . . . . . . . . . . . No. 4234
By Representative Sylvia of Fairhaven and Senator Montigny, a joint petition (accompanied by
bill, House, No. 4234) of Mark D. Sylvia and Mark C. Montigny (by vote of the town) that the
town of Fairhaven be authorized to appoint retired police officers as special police officers in
said town. Public Service. [Local Approval Received.]
  The Commonwealth of Massachusetts
  _______________
  In the One Hundred and Ninety-Fourth General Court
  (2025-2026)
  _______________
An Act relative to the appointment of retired police officers as special police officers in the town
of Fairhaven.
  Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1SECTION 1. Chapter 160 of the acts of 2003 is hereby amended by striking out sections
2 1 and 2 and inserting in place thereof the following 2 sections:-
3Section 1. The chief of police of the town of Fairhaven, with town administrator
4 approval, may appoint, as they deem necessary, retired Fairhaven police officers as special police
5 officers for the purpose of performing police details or any other police duties arising therefrom
6 or during the course of police detail work, regardless of whether or not related to the detail work.
7 The retired police officers must have been regular Fairhaven police officers and retired based on
8 superannuation. No retired police officer shall be appointed as a special police officer pursuant to
9 this act if that officer has been retired for more than 5 years. The special police officers shall not
10 be subject to the same maximum age restrictions as applied to regular town of Fairhaven police
11 officers under chapter 32 of the General Laws, but shall not be eligible, to serve as special police
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12 officers if they have reached the age of 70. A special police officer must pass a medical
13 examination, by a physician or other certified professional chosen by the town, to determine that
14 they are capable of performing the essential duties of a special police officer, the cost of which
15 shall be borne by the special police officer, prior to performing police details.
16Section 2. Special police officers appointed under this act shall not be subject to chapter
17 31 of the General Laws; section 99A of chapter 41 of the General Laws; or chapter 150E of the
18 General Laws.
19SECTION 2. Said chapter 160 is hereby further amended by striking out section 4 and
20 inserting in place thereof the following section:-
21Section 4. Special police officers shall be appointed for an indefinite term, subject to
22 removal by the chief of police of the town of Fairhaven, with town administrator approval, at
23 anytime with 14 days written notice. Upon request, the chief of police shall provide reasons for
24 removal in writing. A special police officer’s appointment shall automatically terminate upon the
25 officer reaching the age of 70.
26SECTION 3. Said chapter 160 is hereby further amended by striking out section 7 and
27 inserting in place thereof the following section:-
28Section 7. Special police officers appointed under this act shall be subject to section 100
29 and section 111F of chapter 41 of the General Laws. The amount payable under said section
30 111F shall be calculated by averaging the amount earned over the prior 52 weeks as a special
31 police officer working police details, or averaged over such lesser period of time for any officer
32 designated as special police officer less than 52 weeks prior to the incapacity. In no event shall
33 payment under said section 111F exceed, in any calendar year, the limitation on earning
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34 contained in subsection (b) of section 91 of chapter 32 of the General Laws. Payment under said
35 section 111F shall terminate in accordance with said section 111F or at the conclusion of the
36 employment term, whichever occurs sooner. Special police officers appointed under this act shall
37 not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.
38SECTION 4. Section 8 of said chapter 160 is hereby amended by inserting after the word
39 “shall” the following word:- not.
40SECTION 5. Said chapter 160 is hereby further amended by inserting after section 8 the
41 following section:-
42Section 8A. A special police officer appointed pursuant to this act shall comply with all
43 requirements of chapter 6E of the General Laws, including: (i) maintaining certification and
44 good standing with the Massachusetts peace officer standards and training commission; and (ii)
45 complying with all annual in-service and other training requirements mandated by the municipal
46 police training committee.
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