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residential home for the disabled. The land would be of the Commonwealth of Massachusetts for enactment permanently restricted to uses deemed appropriate by of the legislation set forth in this article in substantially the Board of Selectmen (and would also have to con- the form as specified below, and further to authorize form to applicable zoning), with design and other con- the Board of Selectmen to carry out the provisions of ditions specified by the Selectmen, and would be this article, and do all things pertaining thereto: transferred to an agency or organization selected through a"Request for Proposals"process. Under the AN ACT RELATIVE TO THE APPOINTMENT OF provisions of Chapter 5, Article VI, Section 5-27 of RETIRED POLICE OFFICERS WITHIN THE the Town Code, such a transfer of tax title lands may TOWN OF MASHPEE POLICE DEPARTMENT.BE only occur after the Town has voted whether or not IT ENACTED AS FOLLOWS: such land should be held as conservation land. This article therefore includes a vote that the land shall not SECTION 1. Notwithstanding any general or special be held as conservation land. law to the contrary, the Board of Selectmen or the Board or Office responsible for the appointment of Motion to dispense with reading of Article 18 made police officers for the Town of Mashpee (hereinafter at 8:53 p.m. referred to as the"appointing authority")may appoint, as it deems necessary, any person who has served in Motion to dispense with reading of Article 18 the capacity as a permanent full time police officer in passes at 8:53 p.m. the Town of Mashpee or another municipality of the Commonwealth and who has retired honorably based Motion made by John Cahalane. on superannuation to a special police appointment, pursuant to the provisions of this act, for the purpose j Motion: I move the Town vote that the parcel of land of performing police details and to perform any other shown on Mashpee Assessors'Maps as Map 93,Block police duties necessary for the safety and protection of 9 not be held by the Town as conservation land; and the citizens of the Town. Said special police officers further, vote that said parcel shall be transferred from shall be subject to the same maximum age restric- the care and custody of the Tax Collector for the pur- tion(s) as apply to regular police officers pursuant to poses of sale, to the Board of Selectmen, for purposes Chapter 32 of the General Laws as currently in effect of sale or lease to a non-profit entity with such trans- or hereafter amended. A special police officer must fer to be made subject to a deed restriction,which may pass a medical examination, by a physician or other contain a reverter clause, restricting the use of said certified professional chosen by the Town, to deter parcel to those uses deemed appropriate by the Board mine that he is capable of performing the essential of Selectmen and subject to certain design guidelines duties of a special police officer, the cost of which and other conditions which the Board may deem shall be borne by the special police officer, prior to appropriate; and finally,vote to authorize the Board of performing or to continue to perform police duties Selectmen to make use of other instrumentalities of under this act. the Town or other agencies and to enter into any agree- ments necessary to effect the transfer of such land in SECTION 2. Special police officers appointed under accordance with this Article. 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 Motion made by Jason Brooks to amend section to General Laws. read shall contain a reverter clause at 8:56 p.m. SECTION 3. Said special police officers shall, when Selectman Cahalane asked for legal opinion. performing their duties pursuant to Section 1 above, have the same power to make arrests and to perform Town Counsel: Mr. Moderator in my opinion the other police functions, as do regular police officers of motion to amend is proper and may be voted on. the Town. Motion made to amend Article 18 passes with a SECTION 4. Said special police officers shall be majority at 8:56 p.m, appointed for an indefinite term, subject to removal by the appointing authority at any time. Amended motion passes by 2/3rds vote at 8:56 p.m. SECTION 5. Said special police officers shall also be Article 19 subject to the rules and regulations, policies and pro- cedures and requirements ("requirements") of the To see if the Town will vote to authorize and instruct town appointing authority and/or the Chief of Police, the Board of Selectmen to petition the General Court including restrictions on types of details and other 88