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2 | 2 | | HOUSE DOCKET, NO. 4921 FILED ON: 2/9/2024 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4436 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Kenneth I. Gordon and Michael D. Brady |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to modernize civil service laws. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Kenneth I. Gordon21st Middlesex2/9/2024Michael D. BradySecond Plymouth and Norfolk2/9/2024 1 of 16 |
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16 | 16 | | HOUSE DOCKET, NO. 4921 FILED ON: 2/9/2024 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4436 |
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18 | 18 | | By Representative Gordon of Bedford and Senator Brady, a joint petition (subject to Joint Rule |
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19 | 19 | | 12) of Kenneth I. Gordon and Michael D. Brady for legislation to modernize civil service laws to |
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20 | 20 | | assist in the recruiting and hiring of municipal public safety employees. Public Service. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Third General Court |
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24 | 24 | | (2023-2024) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to modernize civil service laws. |
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27 | 27 | | Whereas, The deferred operation of this act would tend to defeat its purpose, which is to |
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28 | 28 | | assist in the recruiting and hiring of municipal public safety employees, therefore it is hereby |
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29 | 29 | | declared to be an emergency law, necessary for the immediate preservation of the public peace |
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30 | 30 | | and safety. |
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31 | 31 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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32 | 32 | | of the same, as follows: |
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33 | 33 | | 1 SECTION 1. Section 1 of chapter 31 as it appears in the 2020 Official Edition of the |
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34 | 34 | | 2General Laws is hereby amended in line 70 by inserting after the phrase “in addition to” the |
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35 | 35 | | 3further phrase “, where required by the rules of the administrator,”.Section 1 is further amended |
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36 | 36 | | 4in line 94 to insert after the phrase “section six” the further phrase “, six D,”. |
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37 | 37 | | 5 SECTION 2. Section 6 of chapter 31 as it appears in the 2020 Official Edition of the |
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38 | 38 | | 6General Laws is hereby amended by inserting in line 10 the phrase “six D,” between the words |
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39 | 39 | | 7“sections” and “twenty-six”. |
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40 | 40 | | 8 SECTION 3. Chapter 31 of the General Laws is further amended by inserting, after |
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41 | 41 | | 9section 6C, a new section 6D, as follows: “Notwithstanding the provisions of any general or 2 of 16 |
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42 | 42 | | 10special law to the contrary, the administrator may approve the original appointments of a |
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43 | 43 | | 11municipal appointing authority sanctioned by sections fifty-nine A, fifty-nine B, or fifty-nine C; |
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44 | 44 | | 12provided that the administrator’s role in facilitating such alternative original appointments shall |
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45 | 45 | | 13not serve as the predicate for any claim asserted against the administrator under chapter one- |
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46 | 46 | | 14hundred-fifty-one B of the General Laws.” |
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47 | 47 | | 15 SECTION 4. Section 59 of chapter 31 as it appears in the 2020 Official Edition of the |
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48 | 48 | | 16General Laws is hereby amended by inserting in line 6 the phrase “fifty-nine A or” before the |
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49 | 49 | | 17word “sixty”. |
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50 | 50 | | 18 SECTION 5. Chapter 31 of the General Laws is further amended by inserting, after |
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51 | 51 | | 19section fifty-nine, a new section 59A, as follows:- “[1] Notwithstanding the provisions of any |
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52 | 52 | | 20general or special law to the contrary, the administrator may authorize an appointing authority to |
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53 | 53 | | 21create its own registers of entry-level municipal police and firefighter candidates after the |
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54 | 54 | | 22appointing authority has entered into a written agreement with the administrator to adhere in the |
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55 | 55 | | 23hiring process to basic merit principles, as defined in section one of this chapter; to commit to |
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56 | 56 | | 24recruiting and considering candidates of diverse backgrounds; and upon submission of an anti- |
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57 | 57 | | 25nepotism, anti-patronage, and anti-favoritism policy acceptable to the administrator. |
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58 | 58 | | 26 [2] An appointing authority that has entered into a written agreement with the |
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59 | 59 | | 27administrator referenced in Section fifty-nine A [1] may designate candidates to appear on a |
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60 | 60 | | 28local public safety register from which candidates may be considered for original appointment to |
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61 | 61 | | 29permanent police officer or firefighter. None of the provisions of sections twenty-six or twenty- |
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62 | 62 | | 30seven of this chapter shall apply to those candidates designated by the appointing authority to be |
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63 | 63 | | 31considered from the local public safety register. 3 of 16 |
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64 | 64 | | 32 [3] A candidate may be appointed as a permanent police officer from a local public safety |
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65 | 65 | | 33register without having first passed the entry examination required by section six if they meet the |
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66 | 66 | | 34minimum educational attainment and age requirements for appointment set forth in the second |
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67 | 67 | | 35paragraph of section fifty-eight and the health and physical fitness standards set forth in section |
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68 | 68 | | 36sixty-one A of this chapter, and also satisfy one of the following conditions: |
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69 | 69 | | 37 [a] future successful completion of a prescribed course of study at a police academy |
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70 | 70 | | 38approved by the municipal police training committee pursuant to section ninety-six B of chapter |
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71 | 71 | | 39forty-one; or |
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72 | 72 | | 40 [b] receipt of a passing mark, within the past five years, on: (i) a civil service examination |
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73 | 73 | | 41for police officer administered by the administrator; or (ii) a qualifying examination administered |
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74 | 74 | | 42by the appointing authority that has been validated by a test-development expert and that tests |
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75 | 75 | | 43the knowledge, skills, and abilities to perform the primary or dominant duties of the position; or |
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76 | 76 | | 44(iii) any other examination approved by the administrator in consultation with individuals |
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77 | 77 | | 45deemed to be subject matter experts in the policing profession; or |
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78 | 78 | | 46 [c] current service in Massachusetts as a salaried police officer certified by the peace |
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79 | 79 | | 47officer standards and training commission; or |
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80 | 80 | | 48 [d] graduation within the past five years from a police academy approved by the |
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81 | 81 | | 49Massachusetts police training committee; or |
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82 | 82 | | 50 [e] receipt of a waiver from the Massachusetts police training committee excusing the |
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83 | 83 | | 51named candidate from further academy training. 4 of 16 |
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84 | 84 | | 52 [4] No individual appointed as a police officer may perform the duties of a sworn police |
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85 | 85 | | 53officer prior to completion of the prescribed course of study approved by the Massachusetts |
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86 | 86 | | 54police training committee pursuant to section ninety-six B of chapter forty-one or receipt of a |
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87 | 87 | | 55waiver of such training requirement from said committee. |
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88 | 88 | | 56 [5] A candidate may be appointed from a local public safety register as a permanent |
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89 | 89 | | 57firefighter without having first passed the entry examination required by section six if they meet |
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90 | 90 | | 58the minimum educational attainment and age requirements for appointment set forth in the |
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91 | 91 | | 59second paragraph of section fifty-eight and the health and physical fitness standards set forth in |
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92 | 92 | | 60section sixty-one A of this chapter, and also satisfy one of the following conditions: |
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93 | 93 | | 61 [a] prior or proximately anticipated graduation from a fire academy, or anticipated |
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94 | 94 | | 62completion within the next twelve months of another prescribed course of study culminating in |
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95 | 95 | | 63certification, approved by the Massachusetts fire training council pursuant to section one |
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96 | 96 | | 64hundred sixty-five of chapter six. |
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97 | 97 | | 65 [b] receipt of a passing mark, within the past five years, on: (i) a civil service examination |
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98 | 98 | | 66for firefighter administered by the administrator; or (ii) a qualifying examination administered |
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99 | 99 | | 67by the appointing authority that has been validated by a test-development expert and that tests |
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100 | 100 | | 68the knowledge, skills, and abilities to perform the primary or dominant duties of the position; or |
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101 | 101 | | 69(iii) any other examination approved by the administrator in consultation with individuals |
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102 | 102 | | 70deemed to be subject matter experts in the firefighting profession; or |
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103 | 103 | | 71 [c] current service, for a minimum of six months, in Massachusetts as a salaried |
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104 | 104 | | 72firefighter; or 5 of 16 |
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105 | 105 | | 73 [d] past service as a salaried firefighter in another jurisdiction together with certification |
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106 | 106 | | 74acceptable to the Massachusetts fire training council. |
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107 | 107 | | 75 [6] In each and every case, whether involving either police or fire position candidacies |
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108 | 108 | | 76under this section, no appointment shall be deemed effectual for civil service purposes until |
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109 | 109 | | 77notification of same to the administrator in a manner prescribed by the administrator. Nothing in |
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110 | 110 | | 78this section regarding the appointment of candidates from a local public safety register shall be |
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111 | 111 | | 79construed to apply to any municipal public safety personnel ranked above the entry-level |
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112 | 112 | | 80position of police officer or firefighter. |
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113 | 113 | | 81 [7] Upon investigation and substantiation by the commission of allegations that an |
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114 | 114 | | 82appointing authority has violated material terms of the written agreement entered into with the |
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115 | 115 | | 83administrator, the commission, in consultation with the administrator, may order modifications, |
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116 | 116 | | 84suspension, or termination of the agreement.” |
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117 | 117 | | 85 SECTION 6. Chapter 31 of the General Laws is further amended by inserting, after |
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118 | 118 | | 86section fifty-nine, a new section 59B, as follows:- “Notwithstanding the provisions of any |
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119 | 119 | | 87general or special law to the contrary, the administrator may authorize an appointing authority to |
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120 | 120 | | 88establish an entry-level police cadet program leading to civil service tenure. The cadet program |
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121 | 121 | | 89shall be established by the appointing authority, consonant with basic merit principles and the |
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122 | 122 | | 90provisions of section twenty-one-A of chapter one hundred forty-seven, except that a person |
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123 | 123 | | 91appointed as a police cadet need not reside in the municipality making the appointment and may |
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124 | 124 | | 92be of any age once the person’s eighteenth birthday has transpired. Cadet program requirements |
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125 | 125 | | 93shall be approved by both the administrator and the Massachusetts police training committee. 6 of 16 |
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126 | 126 | | 94 A cadet may be appointed to fill a vacancy in a position in the lowest grade of a |
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127 | 127 | | 95municipal police force through a cadet appointment without certification from an eligible list. In |
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128 | 128 | | 96order to maintain cadet-appointment status, the cadet must pass a qualifying exam and be a |
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129 | 129 | | 97member in good standing in the appointing authority-sponsored cadet program for a time period |
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130 | 130 | | 98specified by the administrator but not less than twelve months. Upon successful completion of |
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131 | 131 | | 99the cadet program and contingent upon graduation from a police academy approved by the |
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132 | 132 | | 100Massachusetts police training committee, the appointing authority may effectuate a civil service |
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133 | 133 | | 101appointment of said cadet to the permanent police force via notification to the administrator. |
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134 | 134 | | 102Such appointee shall then serve the probationary period specified in section sixty-one of this |
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135 | 135 | | 103chapter before gaining tenure status. The appointing authority shall report in writing to the |
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136 | 136 | | 104administrator any such permanent original appointment.” |
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137 | 137 | | 105 SECTION 7. Chapter 31 of the General Laws is further amended by inserting, after |
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138 | 138 | | 106section fifty-nine, a new section 59C, as follows: “Notwithstanding the provisions of any |
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139 | 139 | | 107general or special law to the contrary, any person who has completed not less than two years of |
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140 | 140 | | 108service as a fire cadet may, subject to a program established by the head of the fire department, |
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141 | 141 | | 109as defined in section one of chapter one hundred forty-eight, on behalf of a municipality |
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142 | 142 | | 110accepting of the provisions of this chapter, which program has been approved by both the |
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143 | 143 | | 111administrator and the Massachusetts fire training council, be appointed to fill a vacancy in a |
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144 | 144 | | 112position in the lowest grade in the civil service fire force of said city or town without |
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145 | 145 | | 113certification from an eligible list prepared under this chapter; provided, however, that such |
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146 | 146 | | 114person is either on a fire entrance eligible list prepared under this chapter or passes another |
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147 | 147 | | 115qualifying examination approved by the administrator.” 7 of 16 |
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148 | 148 | | 116 SECTION 8. Chapter 31 of the General Laws is further amended by inserting, after |
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149 | 149 | | 117section 59, a new section 59D, as follows:- “The percentage of candidates appointed to a |
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150 | 150 | | 118permanent position from a local public safety service register or a cadet program, pursuant to |
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151 | 151 | | 119sections fifty-nine A through fifty-nine C of this chapter, inclusive, shall not exceed, in the |
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152 | 152 | | 120aggregate, more than fifty percent of the appointing authority’s overall appointments to the |
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153 | 153 | | 121entry-level police and firefighter ranks during the time period established by the written |
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154 | 154 | | 122agreement consummated between the administrator and the appointing authority that authorizes |
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155 | 155 | | 123the alternative appointment methodologies permitted by this chapter.” |
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156 | 156 | | 124 SECTION 9. Chapter 31 of the General Laws is further amended by inserting, after |
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157 | 157 | | 125section 59, a new section 59E, as follows:- “Sections six D, fifty-nine A, fifty-nine C, and fifty- |
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158 | 158 | | 126nine D of chapter thirty-one of the General Laws shall be in effect until January 1, 2035, and |
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159 | 159 | | 127shall expire on that date.” |
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160 | 160 | | 128 SECTION 10. Section 20 of chapter 31 as it appears in the 2020 Official Edition of the |
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161 | 161 | | 129General Laws is hereby amended by striking all text after the first sentence. |
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162 | 162 | | 130 SECTION 11. Section 21 of chapter 31 as it appears in the 2020 Official Edition of the |
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163 | 163 | | 131General Laws is hereby amended by striking the last sentence (lines 35 to 38) and substituting |
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164 | 164 | | 132therefor the following:- “The administrator shall notify the Massachusetts commission against |
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165 | 165 | | 133discrimination when it issues a certification with this limitation.” Section 21 is further amended |
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166 | 166 | | 134by inserting the following final paragraph:- “The administrator may limit eligibility to appear on |
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167 | 167 | | 135a certification for an original appointment to persons who are fluent in a specified foreign |
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168 | 168 | | 136language commonly spoken among the constituency to be served if the appointing authority |
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169 | 169 | | 137requests such limitation in its requisition. For public safety departments that have entered into an 8 of 16 |
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170 | 170 | | 138agreement with the administrator to facilitate alternative pathway appointments under section |
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171 | 171 | | 139fifty-nine A of this chapter, at the end of the hiring cycle defined by such agreement, any |
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172 | 172 | | 140appointment to a municipal public safety position that resulted in the non-selection of another |
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173 | 173 | | 141candidate entitled to a preference under section twenty-six of this chapter, provided that such |
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174 | 174 | | 142other candidate would have been appointed but for the limitation of the special certification |
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175 | 175 | | 143requiring foreign language fluency, shall be deemed by the local appointing authority to be an |
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176 | 176 | | 144appointment pursuant to sections fifty-nine A and fifty-nine D of this chapter if said restriction |
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177 | 177 | | 145on the basis of foreign language fluency yielded an appointment of a candidate not entitled to |
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178 | 178 | | 146any statutory preference.” |
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179 | 179 | | 147 SECTION 12. Section 24 of chapter 31 as it appears in the 2020 Official Edition of the |
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180 | 180 | | 148General Laws is hereby amended by striking the phrase “, within thirty days,” in line 14 and |
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181 | 181 | | 149substituting therefor the phrase “shall forthwith”. |
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182 | 182 | | 150 SECTION 13. Section 25 of chapter 31 as it appears in the 2020 Official Edition of the |
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183 | 183 | | 151General Laws is hereby amended by striking the word “shall” in line 51 and substituting therefor |
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184 | 184 | | 152the phrase “may, in the administrator’s discretion,”; and inserting before the final period in line |
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185 | 185 | | 15351 the following proviso:- “; provided, however, that the name of a person whose name has been |
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186 | 186 | | 154certified to an appointing authority for an entry-level position and is under consideration for |
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187 | 187 | | 155appointment shall remain in effect until the hiring process is completed by the appointing |
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188 | 188 | | 156authority and any notice of appointment submitted to the administrator.” |
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189 | 189 | | 157 SECTION 14. Section 27 of chapter 31 is hereby amended by inserting a new first |
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190 | 190 | | 158 sentence in the first paragraph:- |
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191 | 191 | | 159 “If the administrator or an appointing authority delegated by the administrator, applying 9 of 16 |
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192 | 192 | | 160 the formula for original appointments set out in the rules of the administrator, certifies |
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193 | 193 | | 161from an eligible list the names of persons who are qualified, and willing to accept, an original |
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194 | 194 | | 162appointment, the appointing authority, pursuant to the civil service law and rules, may appoint |
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195 | 195 | | 163only from among such persons; provided, however, for each such person, if any, who is |
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196 | 196 | | 164bypassed, rejected as not being in compliance with applicable entrance requirements, or |
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197 | 197 | | 165withdraws from the application process, the appointing authority may appoint from among a |
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198 | 198 | | 166group that includes the next highest-ranked person on the certification; and provided further, that |
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199 | 199 | | 167the administrator or an appointing authority delegated by the administrator, shall not include the |
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200 | 200 | | 168 name of any person who has been so bypassed or rejected on any future certification from |
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201 | 201 | | 169the same original appointment eligible list unless directed to do so by the commission.” |
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202 | 202 | | 170 SECTION 15. Section 58 of chapter 31 as it appears in the 2020 Official Edition of the |
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203 | 203 | | 171General Laws is hereby, but with an effective date one year after enactment, amended by striking |
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204 | 204 | | 172the third paragraph of this section and substituting therefor the following four new paragraphs:- |
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205 | 205 | | 173 “[1] No applicant for examination for original appointment to the police force or fire |
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206 | 206 | | 174force of a city or town shall be required by rule or otherwise to be a resident of such city or town |
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207 | 207 | | 175at the time of filing application for such examination. |
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208 | 208 | | 176 [2] If any person who has resided in a city or town for one year immediately prior to the |
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209 | 209 | | 177date of examination for original appointment to the police force or fire force of said city or town |
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210 | 210 | | 178has the same standing on the eligible list established as the result of such examination as another |
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211 | 211 | | 179person who has not so resided in said city or town, the administrator, when certifying names to |
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212 | 212 | | 180the appointing authority for the police force or the fire force of said city or town, shall place the |
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213 | 213 | | 181name of the person who has so resided ahead of the name of the person who has not so resided; 10 of 16 |
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214 | 214 | | 182provided, that upon written request of the appointing authority to the administrator, the |
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215 | 215 | | 183administrator shall, when certifying names from said eligible list for original appointment to the |
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216 | 216 | | 184police force or fire force of a city or town, place the names of all persons who have resided in |
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217 | 217 | | 185said city or town for one year immediately prior to the date of examination ahead of the name of |
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218 | 218 | | 186any person who has not so resided; provided further that, any applicant who earned a high school |
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219 | 219 | | 187diploma from a public school located within the geographical confines of said city or town or so |
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220 | 220 | | 188resided in said city or town when they received a public high school diploma shall have the same |
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221 | 221 | | 189claim to preferential placement on the certification as those persons who have resided in said city |
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222 | 222 | | 190or town for one year immediately prior to the date of examination. |
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223 | 223 | | 191 [3] In the case of a municipality with a population of less than seventy-five thousand |
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224 | 224 | | 192inhabitants seeking to draw from a regional pool of candidates, the administrator may, upon |
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225 | 225 | | 193written request of the hiring authority, when certifying names from said eligible list for original |
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226 | 226 | | 194appointment, place the names of all persons who have resided in another municipality within ten |
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227 | 227 | | 195miles of the perimeter of the requisitioning municipality ahead of the name of any person who |
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228 | 228 | | 196has not so resided in or adjacent to the requisitioning municipality. In the case of a municipality |
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229 | 229 | | 197with a population of greater than seventy-five thousand inhabitants, a public safety department |
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230 | 230 | | 198appointing authority from that city and its counterpart from any other municipality may jointly |
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231 | 231 | | 199petition the administrator to include on the portion of the eligible list of individuals seeking |
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232 | 232 | | 200original appointment that are preferred on the basis of residency the names of candidates residing |
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233 | 233 | | 201in those specifically-identified municipalities if the city appointing authority is so authorized to |
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234 | 234 | | 202petition for expansion of the residency preference by a vote of the legislative body of the hiring |
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235 | 235 | | 203municipality. Whenever the residency preference to be applied to eligible lists extends beyond |
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236 | 236 | | 204the perimeter of the requisitioning municipality, the administrator shall specify the contours of 11 of 16 |
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237 | 237 | | 205the preference-eligible geographical zone on the administrator’s website. Thereafter, upon |
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238 | 238 | | 206written request of the appointing authority to the administrator, the administrator shall, when |
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239 | 239 | | 207certifying names from an eligible list for original appointment to the police or fire force of said |
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240 | 240 | | 208municipality, place the names of all persons who satisfy the published criteria for residency |
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241 | 241 | | 209preference ahead of the name of any person who does not satisfy said criteria. |
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242 | 242 | | 210 [4] Notwithstanding the provisions of any general or special law to the contrary, any |
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243 | 243 | | 211person who receives an appointment to the police force or fire force of a city or town shall within |
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244 | 244 | | 212nine months after his appointment establish his residence within such city or town or at any other |
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245 | 245 | | 213place in the commonwealth that is within ten miles of the perimeter of such city or town; |
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246 | 246 | | 214provided, however, that a city or town may increase the ten-mile residency limit under a |
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247 | 247 | | 215collective bargaining agreement negotiated under chapter one hundred fifty E.” |
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248 | 248 | | 216 SECTION 16. Section 59 of chapter 31 as it appears in the 2020 Official Edition of the |
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249 | 249 | | 217General Laws is hereby amended by replacing the word “four” in lines 12 and 14 with the word |
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250 | 250 | | 218“two”. Section 59 is further amended by striking the word “certification” in line 18 and inserting |
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251 | 251 | | 219the phrase “appointment and performed the job duties”. |
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252 | 252 | | 220 SECTION 17. Section 61 of chapter 31 as it appears in the 2020 Official Edition of the |
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253 | 253 | | 221General Laws is hereby amended by inserting a new final sentence stating:- |
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254 | 254 | | 222 “Unless otherwise provided by civil service rule, and with appropriate adjustments to the |
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255 | 255 | | 223timing of performance evaluations called for therein, the second paragraph of section thirty-four |
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256 | 256 | | 224of this chapter shall apply to persons covered by this section.” 12 of 16 |
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257 | 257 | | 225 SECTION 18. Section 65 of chapter 31 as it appears in the 2020 Official Edition of the |
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258 | 258 | | 226General Laws is hereby amended by replacing the word “four” in lines 8 and 10 with the word |
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259 | 259 | | 227“two”. Section 65 is further amended by inserting a new seventh and final paragraph stating:- |
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260 | 260 | | 228 “Unless otherwise provided by civil service rule, and with appropriate adjustments to the |
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261 | 261 | | 229timing of performance evaluations called for therein, the second paragraph of section thirty-four |
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262 | 262 | | 230of this chapter shall apply to persons covered by this section.” |
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263 | 263 | | 231 SECTION 19. Section 67 of chapter 31 as it appears in the 2020 Official Edition of the |
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264 | 264 | | 232General Laws is hereby amended by striking the word “and” between the word “employee” and |
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265 | 265 | | 233the phrase “the seniority” in line 6 and substituting a comma therefor; then inserting at the end of |
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266 | 266 | | 234that sentence the phrase “and available demographic data, in aggregate form, regarding the |
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267 | 267 | | 235complement of civil service employees in each department.” Section 67 is further amended by |
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268 | 268 | | 236inserting the phrase “commission or” before the phrase “attorney general” in line 21. Section 67 |
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269 | 269 | | 237is further amended by striking the word “one” in line 23 and substituting therefor the word |
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270 | 270 | | 238“five”. |
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271 | 271 | | 239 SECTION 20. Section 75 of chapter 31 as it appears in the 2020 Official Edition of the |
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272 | 272 | | 240General Laws is hereby amended by inserting at the end of the first sentence, in line 10, the |
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273 | 273 | | 241phrase “, or to furnish information to, or cooperate with, law enforcement authorities.” |
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274 | 274 | | 242 SECTION 21. Chapter 3 as it appears in the 2020 Official Edition of the General Laws is |
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275 | 275 | | 243hereby amended by inserting the following new section after Section 75:- |
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276 | 276 | | 244 “Section 76. Commission on Recruitment, Hiring and Retention of Municipal Police |
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277 | 277 | | 245Officers and Firefighters in Massachusetts. 13 of 16 |
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278 | 278 | | 246 (a) There shall be a permanent commission on recruitment, hiring and retention of |
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279 | 279 | | 247municipal police officers and firefighters in Massachusetts to be chaired by the house and senate |
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280 | 280 | | 248chairs of the joint committee on public service, and consisting of the following members or their |
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281 | 281 | | 249designees: the house and senate chairs of the joint committee on public safety and homeland |
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282 | 282 | | 250security; the Secretary of Administration and Finance; the Chief Human Resources Officer for |
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283 | 283 | | 251the Commonwealth of Massachusetts; the Chair of the Civil Service Commission; the Attorney |
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284 | 284 | | 252General; the Secretary of Public Safety and Security; the Chair of the Massachusetts Peace |
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285 | 285 | | 253Officer Standards and Training Commission; the Executive Director of the Municipal Police |
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286 | 286 | | 254Training Committee; the President of the Massachusetts Chiefs of Police Association; the |
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287 | 287 | | 255President of the Massachusetts Major City Chiefs of Police; the Chair of the Massachusetts Law |
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288 | 288 | | 256Enforcement Policy Group; a representative of police officers selected by the Co-Chairs from |
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289 | 289 | | 257candidates recommended from a major federation of police officers’ union in Massachusetts; the |
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290 | 290 | | 258President of the Massachusetts Association of Minority Law Enforcement Officers; the President |
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291 | 291 | | 259of the Massachusetts Association of Women in Law Enforcement; the Chair of the |
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292 | 292 | | 260Massachusetts Fire Training Council; the State Fire Marshal; the President of the Fire Chiefs |
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293 | 293 | | 261Association of Massachusetts; the President of the Professional Firefighters Association of |
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294 | 294 | | 262Massachusetts; the Secretary of Veterans Affairs; the President of the Massachusetts Veteran |
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295 | 295 | | 263Service Agents; the Commander of the Disabled Veterans of Massachusetts; the Executive |
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296 | 296 | | 264Director of the Massachusetts Municipal Association; the President of the Massachusetts |
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297 | 297 | | 265Mayors’ Association; the Chair of the Massachusetts Municipal Human Resources Association; |
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298 | 298 | | 266the Executive Director of the Massachusetts Chapter of the ACLU; the President of the Boston |
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299 | 299 | | 267Chapter of the NAACP’s New England Conference; and the Chair of the Massachusetts |
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300 | 300 | | 268Commission Against Discrimination. 14 of 16 |
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301 | 301 | | 269 (b) The work of the commission shall be directed by a steering committee to be chaired |
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302 | 302 | | 270by the house and senate chairs of the joint committee on public service; and consisting of the |
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303 | 303 | | 271following members or their designees: the house and senate chairs of the joint committee on |
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304 | 304 | | 272public safety and homeland security; the Secretary of Administration and Finance; the Secretary |
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305 | 305 | | 273of Public Safety and Security; the Chief Human Resources Officer for the Commonwealth of |
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306 | 306 | | 274Massachusetts; and the Chair of the Civil Service Commission. The chair or co-chairs may |
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307 | 307 | | 275appoint subcommittees to carry out the mandate of the commission. Members of the commission |
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308 | 308 | | 276shall be subject to the provisions of chapter two hundred sixty-eight A as they apply to special |
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309 | 309 | | 277state employees and shall receive no compensation for their services. |
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310 | 310 | | 278 (c) The commission shall be a resource to the Commonwealth and municipalities on |
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311 | 311 | | 279issues related to the recruitment, hiring and retention of highly qualified candidates of diverse |
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312 | 312 | | 280backgrounds for municipal police officer and firefighter positions across Massachusetts. In |
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313 | 313 | | 281support of this objective, the Commission may: (1) obtain, interpret, and apply current research |
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314 | 314 | | 282and evaluation data, including information reported pursuant to section sixty-seven of chapter |
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315 | 315 | | 283thirty-one of the General Laws, to program initiatives and policy development and identify and |
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316 | 316 | | 284advocate for solutions to address gaps in strategies for employment of highly qualified and |
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317 | 317 | | 285diverse municipal public safety personnel; and (2) recommend measures to increase, where |
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318 | 318 | | 286appropriate, representation within municipal public safety departments of historically under- |
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319 | 319 | | 287represented populations, including females and persons of color, and monitor the compliance by |
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320 | 320 | | 288municipal public safety departments with any commitments they may have entered into to |
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321 | 321 | | 289diversify their workforces. |
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322 | 322 | | 290 (d) The commission shall be empowered to examine and evaluate the implementation of |
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323 | 323 | | 291all reforms related to the recruitment, hiring and retention of municipal police officers and 15 of 16 |
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324 | 324 | | 292firefighters in Massachusetts made by the Special Legislative Commission to Study and Examine |
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325 | 325 | | 293the Civil Service Law, , Hiring Procedures and By-Laws for Municipalities not Subject to the |
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326 | 326 | | 294Civil Service Law and State Police Hiring Practices by: (1) studying, reviewing and reporting |
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327 | 327 | | 295on: (a) the hiring outcomes of any civil service appointments facilitated by sections fifty-nine A |
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328 | 328 | | 296through fifty-nine C of chapter thirty-one; (b) the hiring outcomes of reforms made to civil |
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329 | 329 | | 297service residency preference provisions of section fifty-eight of chapter thirty-one; (c) the hiring |
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330 | 330 | | 298outcomes of any other civil service reforms implemented including, but not limited to, the |
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331 | 331 | | 299increased frequency of civil service examinations and the lowering of examination fees; and (2) |
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332 | 332 | | 300making recommendations: (a) to ensure that adopted reforms are being implemented consistent |
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333 | 333 | | 301with the intent of the Special Legislative Commission; and (b) for further legislation in |
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334 | 334 | | 302furtherance of the commission’s mandate. |
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335 | 335 | | 303 (e) The commission shall also be empowered to examine and evaluate all aspects of the |
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336 | 336 | | 304recruitment, hiring and retention of municipal police officers and firefighters in all municipalities |
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337 | 337 | | 305in Massachusetts and make pertinent recommendations to agencies and officers of the |
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338 | 338 | | 306commonwealth and local subdivisions of government not governed by chapter thirty-one that |
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339 | 339 | | 307advance basic merit principles in the recruitment, hiring and retention of highly qualified police |
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340 | 340 | | 308officers and firefighters of diverse backgrounds across Massachusetts.(f) The commission may |
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341 | 341 | | 309obtain from all state agencies and municipalities such information and assistance as the |
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342 | 342 | | 310commission may require.(g) The commission shall submit a report on its activities and findings, |
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343 | 343 | | 311including any recommendations, to the governor, the clerks of the house of representatives and |
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344 | 344 | | 312the senate, and the house and senate chairs of the joint committee on public service and joint |
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345 | 345 | | 313committee on public safety and homeland security, and shall file at least one report annually.” 16 of 16 |
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346 | 346 | | 314 SECTION 22. Chapter 7 as it appears in the 2020 Official Edition of the General Laws is |
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347 | 347 | | 315hereby amended by inserting the following new section 4T after section 4S:- “A position will be |
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348 | 348 | | 316established at the Manager level under the supervision of the Director of Diversity and Equal |
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349 | 349 | | 317Opportunity with the responsibility to promote diversity and equal opportunity in civil service |
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350 | 350 | | 318employment throughout the Commonwealth. The Manager of Civil Service Diversity, Equity |
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351 | 351 | | 319and Inclusion will be responsible for overseeing initiatives and address issues involving |
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352 | 352 | | 320Diversity, Equity and Inclusion in public safety employment, with a particular focus on civil |
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353 | 353 | | 321service municipalities and municipalities that have left the civil service system.” |
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