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H4234 • 2025

An Act relative to the appointment of retired police officers as special police officers in the town of Fairhaven

An Act relative to the appointment of retired police officers as special police officers in the town of Fairhaven

Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Sylvia, Mark D.
Last action
2026-05-29
Official status
Signed by the Governor, Chapter 90 of the Acts of 2026
Effective date
Not listed

Plain English Breakdown

The bill summary does not provide specific details on funding or reappointment/renewal terms.

Act Allowing Retired Fairhaven Police Officers to Serve as Special Police Officers

This act allows retired police officers from the town of Fairhaven to be appointed as special police officers under certain conditions.

What This Bill Does

  • Allows the chief of police in Fairhaven, with approval from the town administrator, to appoint retired Fairhaven police officers as special police officers for performing police duties.
  • Requires that these retired officers must have been regular Fairhaven police officers and retired based on superannuation (a retirement plan for public employees).
  • Limits appointments to those who have not been retired for more than 5 years and are under the age of 70.
  • Exempts special police officers from certain state laws, including chapter 31, section 99A of chapter 41, and chapter 150E of the General Laws.

Who It Names or Affects

  • Retired Fairhaven police officers who meet the criteria set by this act.
  • The town of Fairhaven's chief of police and town administrator in making appointments.

Terms To Know

Superannuation
A retirement plan for public employees that allows them to retire earlier with reduced benefits based on their years of service.
Special Police Officers
Police officers appointed by a town or city to perform specific duties, often part-time or during special events.

Limits and Unknowns

  • The act does not specify the exact details of how these appointments will be funded.
  • It is unclear what happens if a retired officer who was previously appointed as a special police officer reaches the age limit but is still needed for specific duties.
  • There are no provisions mentioned about reappointment or renewal of terms.

Bill History

  1. 2026-05-29 Executive

    Signed by the Governor, Chapter 90 of the Acts of 2026

  2. 2026-05-21 House

    Enacted

  3. 2026-05-21 Senate

    Enacted and laid before the Governor

  4. 2026-05-20 House

    Rules suspended

  5. 2026-05-20 House

    House concurred in the Senate amendment

  6. 2026-04-27 House

    Referred to the committee on Bills in the Third Reading

  7. 2026-04-23 Senate

    Taken out of the Orders of the Day

  8. 2026-04-23 Senate

    Read third (titled changed)

  9. 2026-04-23 Senate

    Amended (Montigny) adopted

  10. 2026-04-23 Senate

    Passed to be engrossed

  11. 2026-01-29 Senate

    Read second and ordered to a third reading

  12. 2025-11-24 Senate

    Read; and placed in the Orders of the Day for the next session

  13. 2025-11-20 House

    Read third, amended and passed to be engrossed

  14. 2025-10-30 House

    Committee reported that the matter be placed in the Orders of the Day for the next sitting

  15. 2025-10-30 House

    Rules suspended

  16. 2025-10-30 House

    Read second and ordered to a third reading

  17. 2025-10-22 House

    Bill reported favorably by committee and referred to the committee on House Steering, Policy and Scheduling

  18. 2025-07-07 Joint

    Hearing scheduled for 07/16/2025 from 01:00 PM-05:00 PM in A-2

  19. 2025-06-26 Senate

    Senate concurred

  20. 2025-06-23 House

    Referred to the committee on Public Service

Official Summary Text

An Act relative to the appointment of retired police officers as special police officers in the town of Fairhaven
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.]

Current Bill Text

Read the full stored bill text
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Bill H.4234

SECTION 1. Chapter 160 of the acts of 2003 is hereby amended by striking out sections 1 and 2 and inserting in place thereof the following 2 sections:-

Section 1. The chief of police of the town of Fairhaven, with town administrator approval, may appoint, as they deem necessary, retired Fairhaven police officers as special police officers for the purpose of performing police details or any other police duties arising therefrom or during the course of police detail work, regardless of whether or not related to the detail work. The retired police officers must have been regular Fairhaven police officers and retired based on superannuation. No retired police officer shall be appointed as a special police officer pursuant to this act if that officer has been retired for more than 5 years. The special police officers shall not be subject to the same maximum age restrictions as applied to regular town of Fairhaven police officers under chapter 32 of the General Laws, but shall not be eligible, to serve as special police officers if they have reached the age of 70. A special police officer must pass a medical examination, by a physician or other certified professional chosen by the town, to determine that they are 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.

Section 2. Special police officers appointed under 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.

SECTION 2. Said chapter 160 is hereby further amended by striking out section 4 and inserting in place thereof the following section:-

Section 4. Special police officers shall be appointed for an indefinite term, subject to removal by the chief of police of the town of Fairhaven, with town administrator approval, at anytime with 14 days written notice. Upon request, the chief of police shall provide reasons for removal in writing. A special police officer’s appointment shall automatically terminate upon the officer reaching the age of 70.

SECTION 3. Said chapter 160 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. Special police officers appointed under this act shall be subject to section 100 and section 111F of chapter 41 of the General Laws. The amount payable under said section 111F 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 special police officer less than 52 weeks prior to the incapacity. In no event shall payment under said section 111F exceed, in any calendar year, the limitation on earning contained in subsection (b) of section 91 of chapter 32 of the General Laws. Payment under said section 111F shall terminate in accordance with said section 111F or at the conclusion of the employment term, whichever occurs sooner. Special police officers appointed under this act shall not be subject to section 85H of said chapter 32, nor eligible for any benefits pursuant thereto.

SECTION 4. Section 8 of said chapter 160 is hereby amended by inserting after the word “shall” the following word:- not.

SECTION 5. Said chapter 160 is hereby further amended by inserting after section 8 the following section:-

Section 8A. 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.

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