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TR-2015-32 SPECIAL POLICE 2 -T&k*k C� A-bg et TR-2015-32 t4 Its, AN AMENDED RESOLUTION REQUESTING THE AGAWAM CITY COUNCIL PETITION FOR THE ENACTMENT OF SPECIAL MUNICIPAL LEGISLATION CONCERNING SPECIAL POLICE OFFICERS IN THE TOWN F AGAWAM _ t (Sponsored by Mayor Richard A Cohen) Vr w "own of ,Agawam established via Chapter 80 of the Acts of 2002 city known as the Town of Agawam; and WHEREAS, when the 2002 legislation was passed the idea of a Special Police Force was relatively new and the 'Town has since identified multiple flaws in the:current legislation; and WHEREAS, comparing our current legislation (Chapter gU of the Acts of 2 2) with that of other communities which passed after ours it appears that our legislation is fraught with ambiguities; and WHEREAS, this legislation addresses issues regarding the applicability or inapplicability of certain provisions ofM.G.L. Chapters 32, 31, 11 IF, 150E and 1; and WHEREAS, the retirement age of special police officers is currently age sixty-five; and WHEREAS, in an effort to retain qualified individuals on the Special Police Force it is in the best interest of the Town ofAgawam to increase the age of retirement to sixty-eight;and WHEREAS, this legislation is intended to update, clarify and provide a policy that should correct the current flaws and ambiguities in the Chapter 80 of the Acts of2002. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM +CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, and the'Mayor is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition:' AN ACT ESTABLISHING A SPECIAL POLICE FORCE IN THE CITY KNOWN AS THE TOWN OF AGAWAM. ag Town of Agawam Law Department August 20, 2015 ME N UM TO: Legislative Subcommittee FROM Vince Gioscia, City Solicitor SUBJECT: TR-2015-32 To answer the Committee's first question, a simple Ordinance i insufficient to ;modify the `current status of Special Police roars in any ways. Special Legislation is required to accomplish that, as per G.L. c. 43B 19. While Special Police Officers are not permitted to continue to perform all of the essential functions of a police officer, they still may continue to undertake a large majority of those functions. For instanae, PE RAC has issued opinions, which have previously been forwarded to the Council, that the performance of paid details does not constitute all of the essential duties of a uniformed police officer. Paid details, and other similar roles that are not part of the typical, everyday duties of a police officer, are permissible to ask of a Special Police Officer, as that would not place the Special Officer into the category of a "uniformed member of a police department."' Attached to this memorandum is the Massachusetts Office for Administration and Finan 's Task Dist for Essential Mobs of a Police Officer. To comply with the standards promulgated) by PE RAC, a Special Police Officer may not perform all of the duties listed there, but may perform a portion of those tasks. In regard to the Committee's second question; Special Legislation would' be required to limit which statutes apply to Special Police icers. An Ordinance cannot modify a General Law. Memorandum . MA To: Agawam Town Council—Legislative Sub-Committee CC: Mayor Richard A. Cohen From: Chief Eric P.'Gillis Da#e: 8/13/2015 Re: Memo of 7/30/2015 to City Solicitor Your committee recently submitted an int mptorry memorandum regardM TR=2015-32 to City Solicitor Vincent Choscia for his review and opinion. At the request of Mayor Cohen,I am providing you with a quick memorandum of my thoughts on the first question that was posed within that communication. In particular, the first question regarding restrictions for Special Police officers allowed to work beyond the age of sixty five: There have bees tnr axw side' discussions on limitation of police powers, dif mart insignia, etc, for individuals who will fit into this des4 on. I harbor real concerns abait amnqms to limit their powers, levels of training or modify their uniforms and/or equipment to fit'some new vision of Special Police officers who'aye older than sixty-five. In our aurent era of frequent litigation against municipal ties for the actionslinactions of police officers this dist netian could prove disastrous.Furthermore,anti police sentiment and general violence toward the law enfi=emem oonununity is at historic highs.We c a mt send Special Police officers into situations'with anydang'kss than we would provide to y+ouuW officers regardless of duty assigzaentEL These potetlial subtle distinctions would go un- noticed to average cativas, and would have the effect of leaving both the officer and the oo=nunity unproWcted from real threats,both physical and legal. I urge all members of the Council to carefully consider all ;of the potential consequences of any proposed limitations very carefully before requesting such a change via new State legislation. AGA AM POLICE DEPARTMENT a Massachusetts PD — Police Officer Task Survey Analysis; Police OfficerEssential Tasks, COMMONWEALTH OF MASSACHUSETTS POLICE OFFICER TASK LIST A. PATROL AND INCIDENT RESPONSE Provide -up to other police personnel. In response to a report of child abuse,observe and evaluate the physical or mental condition of the child, notify the appropriate agencies, and/or place the child in protective custody to protect the child from physical or mental harm. Respond to a crime in progress and secure the area to effect an arrest. +When confronted with victim(s),conduct patient assessment and administer immediate care to prevent further injury, trauma,or death CommunicateJnegotiate with a hostage taker to reduce hislber anxiety and prevent the loss of life pending arrival of hostage negotiator. Appraise the situation,separate individuals,and discuss the grievances to restore order at a domestic depute. Use communications equipment(e.g., radio, computer, telephone)to exchange information relative to official duties(e.g.,reporting status and location to dispatcher, maintaining contact with other moos'. Operate a Department vehicle at a high rate of speed, using emergency lights and siren and maintaining public safely,to respond to emergency calls for service. Regvest assistance from other police personnel. Respond to an alarm,secure area, and inspect for entry to protect life and property and apprehend the violator or violators. Participate in a large scale coordinated search for one or more persons(e.g., escapees, mental patients, lost people,etc)to locate or apprehend the person(s). Separate Individuals in a fight or disturbance(trot a domestic dispute)to restore order and minimize injury to those individuals or property, Operate a Department vehicle under non-emergency conditions within a specific gecgraphi+d area to observe and detect unusual activities or circumstances, or violations of the law in order to deter crime and provide service to the public Protect one or more persons(confidential sources, witnesses, etc")to provide for the safety and security of the person(s)and the public. Respond to Incidents requiring your presence as specified in Departmental policies: 'Maintain current information such as names,faces,and previous arrest records of known criminals believed"to be in the area: Observe and check entrances to buildings and premises to maintain security of property. Identify a person as disturbed (e. ., mentally, emotionally)or incapacitated(e.g., drunk, epileptic) and detain that person in order to provide for placement: Erect physical barriers, bodily serve as a barrier, issue verbal commands,and/or utilize the necessary degree of authority to effect the sak peaceful,and orderly flow of a crowd of people. Patrol a specific geographic area on foot to observe and detect unusual activities or circumstances,or violations of the law. Serve on special details to help maintain peace(e,g„ abortion demonstrations,animal rights). B. TRAFFIC ENFORCEMENT When outside of vehicle(e.g., making a traffic stop), monitor pedestrian or vehicular traffic to reduce risk of injury to self or others and take evasive action when necessary. Conduct field sobriety tests to determine;probable cause for breath or blood test and/or arrest for alcohol or drug use. Protect an accident scene to alloy for a determination of the facts of the accident. Page 1 Massachusetts PD - Police Officer Task Survey Analysis Police Officer Essential 'Tasks. pirectlreroute traffic, place emergency signaling devices(e.g., flares) or take other necessary action to ensure a safe and orderly flow of traffic when confronted with unusual traffic conditions` (e.g., accidents,stoplight out, parades). Determine the status(e.g., stolen, disabled)of a stopped or abandoned vehicle, including checking for inhabitants(e.g., children,victims). Estimate vehicle speed visually or use speed detection equipment(e.g., radar, lydar, vascar, stopwatches)to determine the speed of a vehicle. Stop vehicles for cause and check for required documents, defective equipment(e.g., headlights, tires), and other violations to issue citations or warnings and to aid in the safe and legal operation' of vehicles on the mad. Issue a citation to a traffic violator. Impound or supervise impounding of equipment or vehicles left on the roadway. C. INVESTIGATIONS Identify and collect evidence at a crime scene to preserve that evidence for use in an investigation. ,Protect a crime scene from contamination by controlling access to the scene'and erecting pph..ysical barriers to preserve the evidence of a crime. !Document the elements of a crime and identify;potential witnesses and suspects to produce a- prosecutable case: Evaluate evidence(e.g_,article, substance)to determine its relationship to an investigation. Transport evidence to various locations(e.g., lab,court), maintaining an unbroken chain of custody_ Canvass the neighborhood, asking questions of persons in order to locate and identify one or more witnesses,victims, or suspects of a crime. Inspect a suspected controlled substance to make a preliminary determination of its identity and request further lab tests as needed. Determine the probable facts of the incident from examination and comparison of statements and other evidence. Interview and take written statements from the generaipublic,witnesses, victims,or suspects to obtain and record information pertinent to the enforcement, regulatory, and service«unctions of the Qppartment. Evaluate individuals to determine their credibility and/or manner in which they should be handled (e.g., during interrogations). Identify assets for potential seizure at a crime scene. Observe one or more persons, places,and/or things to collect information and evidence of criminal activities. D. ARREST-RELATED ACTIVITIES Display or discharge a Departmentally approved firearm to protect self and/or the public. Display or utilize a Departmentally issued non-firearm weapon (baton, spray) in a defensive manner to control one or more persons in accordance with Department policy. Search one or more persons for weapons, fruits of a crime,or contraband to effect an arrest, protect oneself and the public, and/or to obtain evidence., Search a vehicle for weapons, fruits of crime,or contraband to effect an arrest, protect self and the public, and/or to obtain evidence. Distinguish between felony and misdemeanor classifications when making arrests. Search a building for individuals, weapons, fruits of a crime, or contraband to effect an arrest, protect self and the public, and/or to obtain evidence. Physically restrain or subdue a violent or resisting individual or arrestee to protect self,the person being restrained,and the public, or to effect custody of an arrestee. Page 2' Massachusetts PD -- Police Officer Task Surrey Analysis Police Officer Essential.Tasks: Determine applicability of Miranda when arresting and detaining suspects. _ Signal a felon to stop(e.g.. emergency'light, siren, P.A) in order to effect an arrest or contain the felon and await backup. Make judgments about probable cause for warrantless searches. Operate a Department vehicle at a high rate of speed,maintaining public safety and in compliance with Departmental pursuit policy, to pursue and apprehend one or more violators. Determine whether suspects require medical attention. Physically restrain or control a non-violent individual orarrestee to protect self, the person being restrained, and the public, or to effect custody of an arrestee. Ensure prisoners are held and detained in compliance with Departmental policy and applicable statutes. Legally force entry into building to apprehend suspect and/or evidence. Record the arrest of an individual(e.g., till out forms, photograph)to document that arrest and possible detention. Pursue a suspect or violator c n foot. Review computer and/or booking sheet to obtain information about booked suspects(e.g. criminal history, outstanding warrants). Make recommendations for strip or body cavity search. _ Transport person(s)(e.g., witness, victim), maintaining safety,for some official purpose. E. EVIDENCE/PROPERTY MANAGEMENT Ensure the secure storage of evidence and property in the designated location; Ensure the maintenance of chain of custody for evidence. Release property or evidence to authorized individuals. F. RECORD AND REPORT MANAGEMENT Write narrative reports(e.g., incident reports, intelligence reports) providing complete, accurate and consistent information. Summarize in writing the statements of witnesses and complainants. Fill In forms requiring specific information accurately and completely. Record information required by Department guidelines in proper logs. Document incoming communications(e.g., requests for information,training)and communicate that information to other personnel as necessary. Maintain logs (written and/or computerized)of activities occurring during the shift(e.g., accidents, significant incidents)to maintain a record. G. COURT Appear and testify as a witness in an official proceeding(e.g., traffic court, trial, Civil Service hearing)to assist in fulfilling the Department's role in the judicial and administrative process. Review search and arrest warrants prior to presentation to judge or prosecutor for signing. Review and discuss the details of a specific investigation with prosecutor to plan investigatory strategy,prepare for a court presentation, etc. Prepare search or arrest warrants: H. COMMUNITY RELATIONS' Communicate with neighborhood youths to facilitate police-community relationships and deter criminal behavior. Participate in cooperative operations(e.g., Task Forces, executing warrants)to address communityconditio s and crime. Contact the immediate family of an individual(in person)or notify uniformed personnel to provide information to the family concerning that person's injury or death. Page;3 Massachusetts PD _- Police Officer Task Survey Analysis Polite Officer Essential Tasks. Attend meetings(e.g.,community meetings, concerned citizens)to discuss and exchange information, address problems,coordinate and develop plans of action,etc. Provide Information upon request to individuals and groups(e.g., business people, neighborhood groups)to increase awareness of potential victimization and deter crime. Provide istance and info on to civilians seeking help(e.g.,directions, explanations of municipal codes and ordinances,referrals to other Department personnel or other agencitWentities): Maintain current infprmation about available social agencies and their roles for use in referring citizens seeking help. Discuss police actions with relatives of prisoners or complainants. I. POLICE DEPARTMENT PROPERTY MANAGEMENT Clean and inspect weapons. Conduct inventory of assigned vehicles and equipment to ensure that necessary equipment is available when needed. ti6 gnize vehicle andtor equipment damage or maffunctions(s)and ensure that necessary repairs are performed. _ Maintain clothing and perrrnal equipment to satisfy inspection requirements.. Maintain personal copies of(Departmental directives as required by Department policy. J. DIRECT SUPERVISION Attend or conduct roll call. K. PERSONNEL EVALUATION AND COUNSELING L. PERSONNEL ASSIGNMENT AND COORDINATION M. TRAINING DELIVERY WCOMMAND' Monitor police activity by radio. 0. INTERNAL/EXTERNAL COMMUNICATIONS S COORDINATION Notify dispatcher of special conditions that may affect or are affecting sector operations as required by Department procedures. Communicate with other Department personnel informally to discuss and exchange informatlon (e.g,, intelligence), address problems,etc. Monitor and respond to routine communications(e.g., phone). Consult with superior to providetreceive assistance with assigned operational activities and keep hirrftr apprised of potential d etopmentslproblerns. Request documents in records systems(e.g., pictures.criminal histories, .) Now other Police Department units of unusual'situations and'conditions as necessary and pppropriate., Contact other police Departments and 8w enforcement agencies (e.g., FBI)for information and assistance, Communicate with individuals from other citylstatelfederal ageincieslentiti to exchange information and accomplish work objectives. 'Respond to requests for Information fromsuperlor personnel. �Grvver investigative inquiries from other law enforcement agencies or refer inquiry appropriately. Contact outside agencies and organizations(e. ., social service agencies)for information. P. RESEARCH AND PLANNING 0. FINANCIAL MANAGEMENT R. PROFESSIONAL DEVELOPMENT Participate in in-service training and recertification programs including firearms,policies„and practiosittactical exercises(e.g., defensive tactics)to receive information and develop skills.. Page 4 - - ~ Massachusetts PD -- Police Otficer Task Survey Analysis INTEROFFICE MEMORANDUM TO: VINCE GIOSCIA, CITY SOLICITOR FROM: LEGISLATIVE SUB-COMMYTTEE SUBJECT: TR-2015-32 DATE; JULY 30, 2015` There were several questions raised, regarding TR-2015-32 during our July 28' Legislative Sub-Committee Meeting. please provide your written :response to the following. • If the Council desires to allow special police officers to work beyond age 65 but only in a ltnited capacity, such as traffic details and/or public facility watches, can this be accomplished by ordinance or would special legislation be required? The materials provided to the Council by the Chief of Police from PERAC seemed to indicate that special police officers could work beyond age 65, provided they are not performing all the essential functions of a police officer, such as only performing traffic details. • If the Council desires to address or specify the applicability of certain statutes such as Ch. 41, Section 111F to special police officers (both those that are retired Agawam police and those that are not), but does not want to extend service beyond age 65, can this be accomplished by ordinance or would special legislation be required? Thank you for your kind assistance. cc Full Council Mayor AN Acr ES"rABLISHING A SPECIAL POLIC."E FORCE INTHE CITY KNOWN AS THE TOWN OF AGAWAM. sec,fion L The 1"nayor of,"the cit�e kno%vii as the town, ol'Agawarn nip! zqjxint such speck Q0 i.,ifficers tc, perform police details or duties arisit-it,;,! therefronn or durinti, thc, ictoars-e o."'Polit-C deuail xvhcther or not rekged to the delail %Nork, as hcMc denns nece-s.s.,ir, ,� 16r the and protcction of' the cifiz,.c!ns of the city, Ile Mayor shaM aprwini refiretJ Ai�,,,awanr� px-Ai�,:c ofncen; who sewed as regular Agav%anrl Police offikers ;�,tnd �,,ir , refired based tin hould a retiree make suchj, requeet, No rMed polle ollicerVall bc appointed tit-Mer this �,ict as', a speci�,,d 1�,x,)Jice officer if th,,it officer has been retired Or more than Our and one M The speckil police offitcer, shall no be siubject to the sziine winit.,ximurn age to ,gular p01iCC OffiCUS LITIGIC17 chapter 33,, tifthe Gener I 11.,iiws, bul., sha,11 not, he efitible (c,� serve as special police ofificers if they have reached 1khe age ot'68, Pricty, to knruler this act"arry al-,�Plicarn Shall pass 1"i noefical examination by a physicianor otfwr certified prot ch,oseni, or ag�recd to, by, the Town of Agni%varn io determine srhelher the applicant is iif perft'n-i-tiing (1w es-sential dulfies of"a st cial 1.,,�ofice officer under t0his tct, the Cost olt, e,:hich sha,11 bornc by 01-te Ction I Special Police officer's akPj,,x,,)inucd under his aa MAI not be QQ W t1aper 31 of ihc Generil La%vs. section 99A Of ChapleT 41 ot'Ve (icneral Lai'vs, Chapter 150F, of'thte (4,-ncrad Law� ox,chapter 15 1 A of the(lencral SwAymi 3. Special po4ice ofificer's shafl, %,,,hen the under ot,,,ie� thic same power to rknztke arrests and pertbrian other police funcfio,,n,,s- as, do retn,,,flz,).ur (,,�ofice �,tf the Own of Agawam. Stctio!Az Spc-cial Police sl,,�all tsc appoinued firr a te;in, to, Inc Mennfined thte makyctir, subject to suspension orrcmu.-tva] by the Mayor vidi the recc,)rvirriend.,'a ion ofthe Chielfc,411t,,lice, spceial P(Aice oolcens sha"141 be ,,sv�orn befi,,)re the city who shall keel) L1, ',rVC0Td �of all such app,ohniments, All berkefits aftbrded to spt,,,,cial ix:Aice (Micers arquinted ivider this aci 001 temiiriate upon thC COTICIUSion ofthe t niph,�)yrnent ternn. T'he sj,7,�c�cial police c0l"iccr's appl,"Pinaraen"t d"I'all U, 11(ornzitically terrninate upon the othcc&68th binhday, Special police 911cers ap) joiriled utider Lhis act shAl Re sull-,, to thw ride-,i, ant] re, ulatix,)ns, poWks and pnxedwes and requireraents as the Chicf of Police of tht',,,, 'N')�,vn iM' Aganum may impise from time it) tim, including, bat ncit, liniite,,(.1 to, restrictions on the t3qpc of detail requiretmeras repanl&g medical exatninotions v.,,i (witerniinke ccn-nfinuing, capability to the Wes of a spwc4d polVe Mcer requirements Air lrwnmg� its for Qcaniv,,,� and quahtications, requirernents 11"or rnainuiinin i �, (d i ined Cal Special police officers appointe-d under this act shiall not tvx subject to sectiom 96B of chttj,,ner 41, of the General Laws. Section 6. Special police officers appointed under this act shall be sworn in by the Mayor of the Town of Agawam, Massachusetts. Section 7. special police officers appointed under this act shall be subject to sections 100 and I I IF of chapter 41 of the General laws. The amount payable under section I I IF 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, the limitation onearning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under section I I IF of chapter 41 shall terminate in accordance with section I I IF 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 or 84H 1/2 of chapter 32, nor eligible for any benefits pursuant thereto. Lection,9. Appointment as a special police officer does not entitle that person to assignment to any detail. Section 10. Retired Agawam 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 11. Chapter 80 of the Acts of 2002 are hereby repealed. Section 12. This act shall take effect upon its passage. Of the a a taaaadat Laws. Section . , Special kocwtice ', ce � appointed under aa � aasl', all b � rn in b`v aa� y �r a;d the aa�a9a a"� �,aaaa��ataa� ���aaN�a� 'aaa��ada" Section, cliecasal Polk 4aftati er's a.3n dcr alaaa act sh"'3 ' e subject to sections 100 and 11, 1 F" of chapter 41 of the (itmerlay taws,s, 1"he aano"'ani aaa fla aa ak as aa a under s `a a a aa a tait; w a11110aaaaa da;aaaaaed aa`Vea the paaaaa' 52 aasaaa, s raw 'aa special police �'Ahctnr N_kswaa@a", >ofi`+r",e details, or aav4,a+fig,",a`a aive"a" such lesser patrio of mane I a r any of,"fic `a deeaa°aaaated as "sa special police offi .v [ess than, 52 NNee s befi)aa; the aaaa'ai�sth,aaa the aat"aaaaaaaaoaa aaa'a eaaraaattg <;...aruaaned ara paaaa;';raaaa (b) d,aa ;aa,'a".aion 131 o x .ate` of the a,,,.Ja;aaa raa s...,aaws, :Paa:,naa;`Kaa unid a section I I a ' o& chapter 41 shall aa.rnnia°ime in accc.,,rdance with section I I If, or at the conclusion of the a aa'ap1oN'n1t:aai aea'na l' k"O'aaa aeve axw,.urs' S.aaaExaa r„ S R��.,ia"I'. *"'3o,4 c, officers " ,,s"a , l� �.a ut this r a ,." .a . . E sees ,:ap a need aaaada; t au. shall aaa aaa arc as 'aa%"'fio"a 85H or '`' i chapter a`a�a e a� a aaa, � `ka" a�d3a purstaaaa'aa a acran("a, Section Ap aoiri aa"aa,,.3aa as a ;apa:"ci al Pi'Alce officer tJoes riot etitid a maal s rso. n, to aas'siu tit aaa Y'aa to aari, detail, Section � Redaaat d '"s as ap ' jx')fiu -as w aa aa a"a police at ,eaw urWcr Ihis ab"a ads,° subject to the fataataaaataaaaa on hcxu."a ax'o° na'd and cm, e at"aaatags aa,.aaa,;"as..iaors, Bata 'aar.avidcd in p:,,v a"a+aph (b) aaa asta.'aaa.aaa da l d dsa chapter 2 0 a+iae a Fe&aaa'nif Laws, section ( h airlte,. as of the Acts o[ 2,,00-2 aaa`e a.pe'ale , Section 2. " hi ,a I sh d take ell'a,a`a its p ass a �°° TR-2015-32 AN AMENDED RESOLUTION REQUESTING THE AGAWAM CITY COUNCIL PETITION FOR THE ENACTMENT OF SPECIAL MUNICIPAL LEGISLATION CONCERNING SPECIAL POLICE OFFICERS IN THE TOWN OF AGAWAM (Sponsored by Mayor Richard A Cohen) WHEREAS, the Town of Agawam established via Chapter 80 of the Acts of 2002 a Special Police Force in the city known as the Town of Agawam; and WHEREAS, when the 2002 legislation was passed the idea of a Special Police Force was relatively new and the To has since identified multiple flaws in the current legislation; and WHEREAS, comparing our current legislation (Chapter 80 of the Acts of 2002) with that of other communities which passed after ours it appears that our legislation is fraught with ambiguities; and WHEREAS, this legislation addresses issues regarding the applicability or inapplicability of certain provisions of M.G,L. Chapters 32, 31, 11 IF, 150E and al; and WHEREAS, the retirement age of special police officers is currently age sixty-five; and WHEREAS, in an effort to retain qualified individuals on the Special Police Force it is in the best interest of the To of Agawam to increase the age of retirement to sixty-eight; and WHEREAS, this legislation is intended to update, clarify and provide a policy that should correct the current flaws and ambiguities in the Chapter 80 of the Acts of 2002. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, and the Mayor is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT ESTABLISHING A SPECIAL POLICE FORCE IN THE CITY KNOWN AS THE TOWN OF AGAWAM. Section 1. The mayor of the city known as the town of Agawam may appoint such 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, as he/she deems necessary for the safety and protection of the citizens of the city. The Mayor shall appoint retired Agawam police officers who served as regular Agawam police officers and are retired based on superannuation, should a retiree make such a request. No retired police officer shall be appointed under this act as a special police officer if that officer has been retired for more than four and one half years. The special police officers shall not be sukject to the same maximum age restrictions as applied to regular Agawam 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, any applicant shall pass a medical examination by a physician or other certified professional chosen, or agreed to, by the Town of Agawam to determine whether the applicant is capable of performing the essential duties of a special police officer under this act, the cost of which shall be borne by the applicant. Section 2. Special police officer's 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 151 A of the General Laws. Section 3. Special police officers shall, when performing the duties under section one, have the same Power to make arrests and perform other police functions as do regular police officers of the Town of Agawam. Section 4. Special police officers shall be appointed for a term<to be determined by the mayor, subject to suspension or removal by the Mayor with the recommendation of the Chief of Police. Special police officers shall be sworn before the city who shall keep a record of all such appointments. All benefits afforded to special police officers appointed under this act shall terminate upon the conclusion of the employment term. The special police officer's appointment shall automatically terminate upon the officer's 68th birthday. Section S. Special police officers appointed under this act shall be subject to the rules and regulations, policies and procedures and requirements as the Chief of Police of the Town of Agawam 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 maintaining of a medical insurance policy, and requirements regarding uniforms and equipment. Special police officers appointed under this act shall not be subject to section 96B of chapter 41 of the General Laws. However, special police officers appointed under this act will be trained to the level and standard established for reserve/intermittent police officers. Section 6. Special police officers appointed under this act shall be sworn in by the Mayor of the Town of Agawam. Massachusetts. Section 7. Retired Agawam police officers serving as special police officers appointed under this act shall be subject to sections 100 and I I IF of chapter 41 of the General laws. The amount payable under section I I IF 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, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under section I 1 IF of chapter 41 shall terminate in accordance with section I I IF or at the conclusion of the employment term, whichever occurs sooner; Retired Agawam police officers serving as special police officers appointed under this act shall not be subject to section 85H or 84H '/- of chapter 32, nor eligible for any benefits pursuant thereto. Section S. Special police officers, who are not retired members of the Agawam ';Police Department, appointed under this act shall be subject to sections 100 and 111F of chapter 41 of the General haws. The amount payable under section 1I`IF of chapter 41 shall be equal to the weekly rate of pay for a first step patrol officer at the time of the incapacity. Payment under section 11 IF of chapter 41 shall terminate in accordance with section l 1 IF or at the conclusion of the employment term, whichever occurs sooner. Special police officers appointed under this act shall be subject to section 85H and 84H '/2 of chapter 32, and eligible for any benefits' pursuant thereto. Section 9. Appointment as a special police officer does not entitle that person to assignment to any detail. Section 10. Retired Agawam 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 11. Chapter 80 of the Acts of 2002 are hereby repealed. Section 12. This act shall take effect upon its passage. 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Ln .ae{ the �,k,y of sr'r,4.:. a$;.v $ h,h\ a"' barbara bard From: Eric Gillis Sent: Monday,June 29, 2015 335 PM To. Barbara bard Cc: Mayor Richard Cohen;Vince Gioscia Subject: TR-2015-32 Attachments: scan0002.pdf,scan0003 pdf, scan0004.pdf;scan0005.pdf;scan0006.pdf, scan0007.pdf, scan0008.pdf,scan0009.pdf; scan0010.pdf,scan0011.pdf Dear Council Member, I have recently heard from Council President Johnson, as well as a number of other councilors about the specific references to M.G.L.s in the above referenced;legislative proposal advanced by Mayor Cohen. I have attached a copy of each relevant General Law, and have created a cheat sheet if you will to help you understand the relevance of each one of these M.G.L.'s and the applicability or lack thereof in the current legislative proposal. I will also be present at the sub-committee meeting to answer additional questions and concerns as best I can. I will high light each M.G.L. as it appears in the proposed legislation, beginning with the legislation itself as the 1 sc PDF. They are as follows; PDF 2 TR-2015-32' PDF 3 M.G.L. 32 s. 1 This M.G.L. focuses on a variety of definitions for civil service positions and appointments. The portion that we are concerned with has to do with "Maximum age,"and can be found on page 7 of the PDF. This simply means that the proposed legislation will not utilize this definition,but will instead utilize the age of 68 as opposed to 65. PDF 4 M.G.L.31 This M.G.L. discusses persons appointed to civil service positions. The proposed legislation will not consider persons appointed as Special Police Officers as civil service appointments and will not utilize the process and mechanisms that would be necessary if such an appointment fell under these guidelines. This is in fact the way that we have handled appointments to the Special Police and to the Auxiliary Police prior t0 the creation of the Special Police. PDF 5 - M.G.L.41 s99A This M.G.L. discusses residency requirements for persons appointed as police officers and firefighters. The town has accepted such restriction for full-time police officer candidates,but would not seek the same requirement for persons appointed as Special Police Officers. Essentially persons who reside outside of the Town of Agawam could be appointed as Agawam Special Police Officers. This is already the case with our current Special Police force'. PDF 6 M.G.L. 150E This M.G.L. discusses collective bargaining rights for public employees. Under the proposed legislation persons appointed as Special Police Officers would not be allowed to join unions and would not engage in collective bargaining with respect to any aspect in their capacity as Special Police Officers,. This is the case for all current Special Police Officers. i PDF 7 - M.G.L. 151A This M.G.L. deals with unemployment insurance for public employees. Police Officers and Firefighters in Massachusetts are covered for injuries sustained on duty by M.G.L.41 s.I I IF. This M.G.L. will be discussed in a subsequent PDF. PDF 8 - M.G.L.41 s.96B This M.G.L. deals with training standards for full-time police officers. Persons appointed as Special Police Officers will not be required to submit to the same level and scope of training as full-time police officers are. However,they will be required to receive the same levels of initial training and subsequent annual training updates that is currently required of reserve and intermittent police officers. This language could be added to the proposed legislation to provide more clarity. This is the level of training and annual refresher training that is currently required of our special police. PDF 9- M.G.L.41 s. 100 This M.G.L. deals with legal indemnification for injuries sustained in the performance of their duties as Special Police Officers. PDF 10- M.G.L.41 s.111F This M.G.L. deals with police officers and firefighters who are injured while in the performance of their duties. They are not covered by workman's compensation, and receive 100%of their rate of pay, and do not pay State payroll taxes on those earnings. Currently Special Police Officers who are injured are paid pursuant to this chapter and section and are compensated as full-time, first-step police officers. This should not apply to officers who have retired and are already collecting a pension from the Hampden County Retirement System. This language can be modified to assuage the concerns of current members who believe they will now be exposed as a result of this proposed legislation. PDFI I - 1VM.G.L.32 s.85H This M.G.L. deals with disability retirements for police officers. We could not give them a disability pension because they have never been part of a contributory retirement system (i.e. Hampden County Retirement). Respectfully submitted, Eric P. Gillis chief of Pottice Agawam Police Department 681 Springfield Street Feeding Hills,MA 01030 (413)786-4767 egillis@agawam.ma.us chiefs pd0a,a&awam.ma.us WE 2 ^. � � , , � ` ' ` 3 rf TR-2015-32 A RESOLUTION REQUESTING THE AGAWAM CITY COUNCIL PETITION FOR THE ENACTMENT OF SPECIAL MUNICIPAL LEGISLATION CONCERNING SPECIAL POLICE OFFICERS IN THE TOWN OF AGAWAM (Sponsored by Mayor Richard A Cohen) WHEREAS, the Town of Agawam established via Chapter 80 of the Acts of 2002 a Special Police Force in the city known as the Town of Agawam; and WHEREAS, when the 2002 legislation was passed the idea of a Special Police Force was relatively new and the Town has since identified multiple flaws in the current legislation; and WHEREAS, comparing our current legislation (Chapter 80 of the Acts of 2002) with that of other communities which passed after ours it appears that our legislation is fraught with ambiguities; and WHEREAS, this legislation addresses issues regarding the applicability or inapplicability of certain provisions of M.G.L. Chapters 32, 31, 111 F, I 50E and 41; and ' WHEREAS, the retirement age of special police officers is currently age sixty-five; and WHEREAS, in an effort to retain qualified individuals on the Special Police Force it is in the best interest of the Town of Agawam to increase the age of retirement to sixty-eight; and WHEREAS, this legislation is intended to update, clarify and provide a policy that should correct the current flaws and ambiguities in the Chapter 80 of the Acts of 2002. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL to petition the General Court to the end that legislation be adopted precisely as follows. The General Court may make clerical or editorial changes of form only to the bill, and the Mayor is hereby authorized to approve amendments which shall be within the scope of the general public objectives of this petition: AN ACT RELATIVE TO SPECIAL POLICE OFFICERS FOR THE CITY OF AGAWAM KNOW AS THE TOWN OF AGAWAM Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follow s: Section 1„ The mayor of the city known as the town of Agawam may appoint such 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, as he/she deems necessary for the safety and protection of the; citizens of the city, The Mayor shall appoint retired Agawam police officers who served as regular Agawam police officers and are retired based on superannuation, should a retiree maize such a;request No retired police officer shall be appointed under this act a a special police officer if that officer has been retired for more than four and one half years. The special police officers shall not be subject to the same maximum age restrictions as applied to regular A ;awarn 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 of68. Prior to appointment under this act, any applicant shall pass a medical examination by a physician or other certified professional chosen, or agreed to, by the Town of Agawam to determine whether the applicant is capable of performing the essential duties of a special police officer under this act, the cost of which shall be borne by the applicant. Section 2. Special police officers appointed under this act shall not be subject to chapter 31 of the General Laws, section 9 A of chapter 41 of the. General Laws, chapter 15 E of the General Laws. or chapter 15 1 A of the General Laws. Section 3. Special police officers shall, when performing the duties under section one, have the sarne power to make arrests and perform other police f netions as do regular police officers of the Town of Agawam. Section 4 Special police officers shall be appointed for a terra to be determined by the mayor; subject to suspension or removal by the Mayor with the recommendation of the Chief of Police: Special police officers shall be sworn before the city who shall keep a record of all such appointments. All benefits afforded to special police officers appointed under this act shall terminate upon the conclusion of the employment term. The special police officer's appointment shall automatically terminate upon the officer's 68th birthday. ;Section S. Special police officers> appointed under this act shall` be subject to the rules and regulations, policies and procedures and requirements as the Chief of Police of the Town of Agawam 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 maintaining of medical and/or liability insurance policy, and requirements regarding uniforms and equipment, The Chief of Police shall, at his discretion, set a schedule of fees associated with the casts of training,, medical examinations, equipment, uniforms, and any other requirements deemed necessary by the 'Chief of Police, that shall be paid by the special police officer appointed under this act: Special police officers appointed under this act shall not be subject to section 9 B of chapter 41 of the General Laws. Section 6. Special police officers appointed under this act shall be sworn in by the Mayor of the Town of Agawam, Massachusetts, Section 7. Special police ofllcerrs appointed under this act shall be subject to sections 100 and 111F of chapter 41 of the General laws. The amount payable tinder section 11 IF of chapter 41 y4 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, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payment under section 1'11F of chapter 41 shall terminate in accordance with section 111F or at the conclusion of the employment term, whichever occurs sootier. Special police officers appointed under this act shall not be subject to section 85H or 84H V2 of chapter 32, nor eligible for any benefits pursuant thereto_ Section 8. Appointment as a special police officer does not entitle that person to assigrunent to any detail. Section 9. Retired Agawam 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. Chapter 80 of the Acts of 2002 are hereby repealed. Section 11. This act shall take effect upon its passage. Dated this day of ) 2015. PER ORDER OF THE AGAWAM CITY COUNCIL Christopher C. Johnson, President APPROVED A O FORM AND LEGALITY' Vincent F. roscia, City Solicitor TO-2015- BUDGETARY TRANSFER FORM Department: Golf Amount: 5000.00 L)gte: , 6/2-- 015 From Mun Golf E. Rep& Main &Rep 65262 52030 $5,000.00 Titli of Account Account Num6er I Amount TO: Mun Golf Food & Ser Supplies 6526352220 $5,000.00 Title of Account Account Number Amount Reason for Transfer: To cover Food & Beverage Expenses next 3 Y2 Weeks until end of fiscal year I a. 1 /Depattment Head I hereby certify that funds are available to make the above-stated transfer. Date: 1.4 1 eryTSt. Vin, A6dZ77 I hereby approve placement of the above-stated transfer on the Council a enda. Date: ju Richard A. Cohr, Mayor Approved as to form and legality. Date: ( —q,/� VIn Ce di ols'A' , Solicitor PER ORDER OF THE AGAWAM TOWN COUNCIL—APPROVED ON 2015 Date: Christopher Johnson, President APPROVAL OF LEGISLATION: Pursuant to Section 3-6 of the Agawam Home Rule Charter, I hereby approve the Council passage of the above-stated transfer. Date. Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION: Pursuant to Section 3-6 of the Agawam Home Rule Charter, I hereby disapprove the Council passage of the above-stated transfer, Date: Richard A. Cohen, Mayor r PGA: PROFrE IONA LCORFORATtLOGOS MEN`S APPARI APPAREL HARDOOODS CUSMM ORDERS' June 3, 2015 CORPORATEOLMNOS CUNICS PRIVATE LESSONS 'Mr. Christopher johnson Council President Town of Agawam 36 Main-Street Agawam, MA 01001 Dear Mr.Johnson: , -please find the enclosed requests for transfer of funds from the accounts listed to the municipal Golf` Food&Service Supplies account.As we near the end of our fiscal year,we are in need of a replenishment of this account so that weIcan service the clientele before our new fiscal year begins. The expansion of our day to day menu items,:the increase in usage of the banquet facility and the increased amount of play thus far this season has dwindled the account.With the anticipated extended forecast over the next week and hopefully continuation until month°s end,the transferlt will greatly help,Thanks you for your:4onsideration. cer 'An ony Roberto III General Manager/PGA Director of Golf