10/20/2003 Annual Town Meeting - Laserfiche WebLink

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Town Counsel: Mr. Moderator in my opinion the motion to amend is proper and may be voted on. Motion made to amend Article 18 passes with a majority at 8:56 p.m. Amended motion passes by 2/3rds vote at 8:56 p.m* Article 19 To see if the Town will vote to authorize and instruct the Board of Selectmen to petition the General Court of the Commonwealth of Massachusetts for enactment of the legislation set forth, in this article in substantially the form as specified below, and further to authorize the Board of Selectmen to carry out the provisions of this article, and do all things,pertaining thereto: AN ACT RELATIVE TO THE APPOINTMENT OF RETIRED POLICE OFFICERS WITHIN THE TOWN OF ]BIAS PEE POLICE DEPARTMENT. BE IT ENAC TED AS FOLLOWS: SECTION 1. Notwithstanding any general or special law to the contrary, the Board of Selectmen or the Board or Office responsible for the appointment of police officers for the Town of Mashpee (hereinafter referred to as the "appointing authority") may appoint, as it deems necessary, any person. who has served in the capacity as a per anentfull, time police officer in, the Town of Mashpee or another municipality of the Commonwealth and who has retired honorably based on superannuation to a special police appointment, pursuant to the provisions of this act, for the purpose of performing police details and to perform any other police duties necessary for the safety and protection of the citizens of the Town. Said special police officers shall 'be subject to the same maximum age restriction(s) as apply to regular police officers pursuant to Chapter 32 of the General Laws as currently in effect or hereafter amended. A special police officer must pass a medical examination, by a physician or other certified professional chosen by the Town, to determine that he 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 or to continue to perform police duties under this act. SEC TION 2. Special police officers appointed under the provisions of this act shall not be subject to the provisions of Chapter 31, nor Sections 97A, 99A, and 126 through 133 inclusive of Chapter 41 of the General Laws. SECTION 3. Said special police officers shall, when performing their duties pursuant to Section I above, have the same power to make arrests and to perform other police functions, as do regular police officers of the Town. SECTION 4. Said special police officers shall be appointed for an indefinite term., subject to removal by the appointing authority at any time. SECTION 5. Said special police officers shall also be subject to the rules and regulations, policies and procedures and requirements ("requirements"") of the town appointing authority and/or the Chief of Police, including restrictions on types of details and other duty assignments, requirements regarding medical examinations to determine continuing capability to perform the October 20, 2003 Town Meeting