Offered by Councilor Michael F.

Flaherty

CITY OF BOSTON
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IN THE YEAR TWO THOUSAND FOURTEEN
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HOME RULE PETITION





WHEREAS, Since 1954, the number of sworn officers in the Boston Police Department has
decreased by about 25%, with a loss of more than 820 uniformed patrol officers;
and,

WHEREAS, Boston Police Officers on detail assignments are paid by private contractors such
as NSTAR, National Grid, Fenway Park and TD Garden to provide law
enforcement and protect the safety of the public when they are not scheduled for
regular duty; and,

WHEREAS, Over the years, the number of requests for detail officers from private vendors,
construction companies, utility companies, and entertainment venues has
increased drastically, and there are not enough officers to fill the surplus of detail
requests; and,

WHEREAS, The City of Boston receives a 10 percent administrative fee on all details which, if
filled by Boston Police Officers, could result in over $3,000,000 per year in
revenue for the City of Boston; and,

WHEREAS, Retired Boston Police Officers have years of superior training, knowledge of the
law, familiarity with city streets, and decades of invaluable experience that make
them ideal candidates to fill detail assignments and increase police presence
throughout the city; and,

WHEREAS, Over 175 police departments throughout Massachusetts have passed laws to allow
recently retired police officers to perform paid details in response to the increase
in detail requests;


THEREFORE BE IT

ORDERED, That a petition to the General Court, accompanied by a bill for a special law
relating to the City of Boston to be filed with an attested copy of this order be, and
hereby is, approved under Clause 1 of Section 8 of Article II, as amended, of the
Articles of Amendment to the Constitution of the Commonwealth of
Massachusetts, to the end that legislation be adopted precisely as follows, except
for clerical or editorial changes of form only:




PETITION FOR A SPECIAL LAW RE:

Section 1. The Police Commissioner of the City of Boston, as the appointing authority, may
appoint as he or she deems necessary, retired Boston police officers as special police officers to
perform police details or any duties arising therefrom or during the course of police detail work,
whether or not related to the detail work. The retired Boston police officers shall have been
regular Boston police officers and retired based on superannuation. The special police officers
shall not be subject to the same maximum age restrictions as applied to regular Boston 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 68. Prior to appointment under this act, a retired Boston
police officer shall pass a medical examination by a physician or other certified professional
chosen, or agreed to, by the City to determine whether the retired Boston police officer is capable
of performing the essential duties of a special police officer under this act, the cost of which shall
be borne by the retired Boston police officer.

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, chapter 150E of the General
Laws, or chapter 151A of the General Laws.

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

Section 4. Special police officers shall be appointed for an indefinite term, subject to suspension
or removal by the Police Commissioner at any time. In the case of removal, a Special Police
Officer shall be provided with 14 days written notice. The special police officers appointment
shall automatically terminate upon the officers 68
th
birthday.

Section 5. Special police officers appointed under this act shall be subject to the rules and
regulations, policies and procedures and requirements as the Police Commissioner of the City of
Boston may impose from time to time, including, but not limited to, 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, requirements for participation in a group
medical and/or liability insurance policy, and requirements regarding uniforms and equipment.
Compliance with all requirements will be at no cost to the City of Boston. Special police officers
appointed under this act shall not be subject to section 96B of chapter 41 of the General Laws.

Section 6. Special police officers appointed under this act shall be sworn in by the Police
Commissioner for the City of Boston, Massachusetts.
Section 7. Special police officers appointed under this act shall be subject to sections 100 and
111F of chapter 41 of the General Laws. The amount payable under section 111F of chapter 41
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 a special police officer less than 52 weeks before the incapacity. In no event shall
payment under section 111F of chapter 41 exceed, in any calendar year, the limitation on earning
contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under
section 111F of chapter 41 shall terminate in accordance with section 111F of Chapter 41 or
when a special police officer, who is appointed a special police officer prior to age 65, under this
act, reaches the age of 65, whichever occurs sooner. Payment under section 111F of chapter 41
shall terminate in accordance with section 111F of Chapter 41 or when a special police officer,
who is appointed a special police officer after age 64, under this act, reaches the age of 68,
whichever occurs sooner. If the age limitation applicable to regular police officers serving the
city is increased from 65 years of age, the termination of benefits under section 111F of chapter
41, as provided in this section for special police officers, shall terminate at such a higher age
limit, but in no event shall the benefits extend beyond the age of 70 for any such special police
officer. Special police officers appointed under this act shall not be subject to section 85H or
85H 1/2 of chapter 32, nor eligible for any benefits pursuant thereto.

Section 8. Appointment as a special police officer does not entitle that person to assignment to
any detail.

Section 9. Retired Boston police officers serving as special police officers under this act shall be
subject to the limitations on hours worked and on earnings restrictions as provided in paragraph
(b) of section 91 of chapter 32 of the General Laws.

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


Filed in Council: July 30, 2014