HOUSE . . . . . . . . No. 4520
The Commonwealth of Massachusetts
________________________________________
HOUSE OF REPRESENTATIVES , April 8, 2024.
The committee on Public Service, to whom was referred the joint
petition (accompanied by bill, House, No. 4436) of Kenneth I. Gordon and
Michael D. Brady for legislation to modernize civil service laws to assist
in the recruiting and hiring of municipal public safety employees, reports
recommending that the accompanying bill (House, No. 4520) ought to
pass [Senator Collins dissents].
For the committee,
KENNETH I. GORDON. 1 of 26
FILED ON: 3/22/2024
HOUSE . . . . . . . . . . . . . . . No. 4520
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to modernize civil service laws.
Whereas, The deferred operation of this act would tend to defeat its purpose, which is to
modernize civil service laws, therefore it is hereby declared to be an emergency law, necessary
for the immediate preservation of the public safety.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of chapter 31 as it appears in the 2020 Official Edition of the
2General Laws is hereby amended by striking in line 4 the words “personnel administrator” and
3substituting therefor the words “agency head or chief human resources officer”; and in line 6
4inserting before the final period the phrase “, or their delegated agent”. Section 1 is further
5amended in line 44 by striking the words “ ‘Department’ or” and capitalizing the word
6“ ‘division’”.
7 SECTION 2. Section 1 of chapter 31 as it appears in the 2020 Official Edition of the
8General Laws is hereby amended in line 70 by inserting after the phrase “in addition to” the
9further phrase “, where required by the rules of the administrator,”; Section 1 is further amended
10in line 94 to insert after the phrase “section six” the further phrase “, six D,”. 2 of 26
11 SECTION 3. Section 1 of chapter 31 is hereby amended by inserting at the beginning of
12subsection (e) of the third paragraph, in the definition of “basic merit principles”, the phrase
13“notwithstanding potential remedies provided by any other laws that prohibit discrimination in
14employment,”; and in said subsection striking the word “handicap” and inserting in place thereof
15the following:- “military status, disability, sexual orientation, gender identity” before the words
16“or religion”.
17 SECTION 4. Section 1 of chapter 31 is hereby amended by striking out the word
18“handicap” as it appears in the fourth and twenty-second paragraphs and inserting in place
19thereof the following:- disability
20 SECTION 5. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the
21General Laws is hereby amended by striking the text of subsection (d) in lines 61 to 63 and
22inserting after (d) in line 61 the following:- To hear and decide appeals concerning performance
23evaluations, or performance audits conducted by the administrator, as provided by this chapter or
24chapter thirty-one A.
25 SECTION 6. Section 2 of chapter 31 is hereby further amended by inserting, after
26subsection (d), the following subsection:-
27 (e) To award reasonable attorneys’ fees and costs to an appellant who prevails in an
28 appeal brought under this chapter, upon an express finding of either bad faith on the part
29of the
30 appointing authority or an egregious or willfully repeated violation of this chapter, unless
31special 3 of 26
32 circumstances would render such an award in full unjust;
33 SECTION 7. Section 2 of chapter 31 is hereby amended by inserting, after subsection
34 (e), the following:-
35 (f) To take such action and enter such orders as in the considered judgment of the
36 commission will effectuate the purposes of this chapter, including, but not limited to,
37orders to
38 vacate appointments, or to appoint, reinstate, or promote appellants, with or without
39retroactive
40 compensation;
41 SECTION 8. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the
42General Laws is hereby amended by relabeling subsection (f) in lines 66 to 68 as a new
43subsection (i) with the identical text as in lines 66 to 68.
44 SECTION 9. Section 2 of chapter 31 is hereby amended by inserting, after subsection (g),
45the following:-
46 (h) To close all or a portion of a hearing or proceeding conducted by the commission
47pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a
48person’s health or other acutely sensitive or confidential information.
49 SECTION 10. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the
50General Laws is hereby amended in line 36 by striking out the word “chairman” and inserting in
51place thereof the word “chair”. 4 of 26
52 SECTION 11. Section 2(b) of chapter 31 is hereby amended by striking out the third
53paragraph and inserting in place thereof the following paragraph:-
54 The appeal shall be accompanied by such form as the commission may prescribe
55containing a statement of the allegations which form the basis of the aggrieved person’s appeal
56with specific reference to the provisions of this chapter or the rules of the administrator or basic
57merit principles which have been violated, together with an explanation of how the person has
58been harmed.
59 SECTION 12. Section 2(b) of chapter 31 is hereby amended by striking the fourth
60paragraph and inserting in place thereof the following paragraph:-
61 Hearings on any appeal pending before the commission may be held before any member
62thereof, who shall report his or her findings of fact and recommendations to the commission for
63its action. Alternatively, the chair of the commission may appoint as hearing officer any other
64disinterested person who is experienced in adjudication or well-versed in the provisions of this
65chapter; provided that, upon the conclusion of any such hearing, and consistent with the
66provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice
67and Procedure, the assigned hearing officer shall report his or her findings of fact and
68recommendations to the commission for its action.
69 SECTION 13. Section 2(c) of chapter 31 as it appears in the 2020 Official Edition of the
70General Laws is hereby amended by inserting after the words “section 8 of chapter 31A” in line
7155 the following:- or in accordance with the provisions of this chapter.
72 SECTION 14. Section 4 of chapter 31 as it appears in the 2020 Official Edition of the
73General Laws is hereby amended by striking in lines 12-13, and 27, the phrase “in one or more 5 of 26
74newspapers” and substituting therefor in both places the phrase “on the websites of the
75administrator and the commission”. Section 4 shall further be amended by inserting,
76immediately after the phrase “send a copy” in line 23, the following:- “, or alternatively transmit
77the entire revised set of rules via electronic media,”.
78 SECTION 15. Section 5 of chapter 31 as it appears in the 2020 Official Edition of the
79General Laws is hereby amended by striking the first appearance of the word “and” in line 57
80and substituting therefor the word “of”. Section 5 of chapter 31 is hereby further amended by
81striking out the word “handicapped” as it appears in the seventh and eighth paragraphs and
82inserting in place thereof the following:- persons with disabilities
83 SECTION 16. Section 6 of chapter 31 as it appears in the 2020 Official Edition of the
84General Laws is hereby amended by inserting in line 10 the phrase “six D,” between the words
85“sections” and “twenty-six”.
86 SECTION 17. Section 6A of chapter 31 as it appears in the 2020 Official Edition of the
87General Laws is hereby amended by striking in line 15 the word “department” and substituting
88the word “division”.
89 SECTION 18. Chapter 31 of the General Laws is further amended by inserting, after
90section 6C, a new section 6D, as follows:- Notwithstanding the provisions of any general or
91special law to the contrary, the administrator may approve the original appointments of a
92municipal appointing authority sanctioned by sections fifty-nine A, fifty-nine B, or fifty-nine C;
93provided that the administrator’s role in facilitating such alternative original appointments shall
94not serve as the predicate for any claim asserted against the administrator under chapter one-
95hundred-fifty-one B of the General Laws. 6 of 26
96 SECTION 19. Section 20 of chapter 31 as it appears in the 2020 Official Edition of the
97General Laws is hereby amended by striking all text after the first paragraph and further striking
98the phrase “not exceeding ten dollars,” in lines 5 and 6.
99 SECTION 20. Section 21 of chapter 31 as it appears in the 2020 Official Edition of the
100General Laws is hereby amended by striking the last sentence (lines 35 to 38) and substituting
101therefor the following:- “The administrator shall notify the Massachusetts commission against
102discrimination when it issues a certification with this limitation.” Section 21 is further amended
103by inserting the following final paragraph:- “The administrator may limit eligibility to appear on
104a certification for an original appointment to persons who are fluent in a specified foreign
105language commonly spoken among the constituency to be served if the appointing authority
106requests such limitation in its requisition. For public safety departments that have entered into an
107agreement with the administrator to facilitate alternative pathway appointments under section
108fifty-nine A of this chapter, at the end of the hiring cycle defined by such agreement, any
109appointment to a municipal public safety position that resulted in the non-selection of another
110candidate entitled to a preference under section twenty-six of this chapter, provided that such
111other candidate would have been appointed but for the limitation of the special certification
112requiring foreign language fluency, shall be deemed by the local appointing authority to be an
113appointment pursuant to sections fifty-nine A and fifty-nine D of this chapter if said restriction
114on the basis of foreign language fluency yielded an appointment of a candidate not entitled to
115any statutory preference.”
116 SECTION 21. Section 24 of chapter 31 as it appears in the 2020 Official Edition of the
117General Laws is hereby amended by inserting in line 4 after the word “questions” the phrase “or 7 of 26
118training and experience sheet” and striking the phrase “, within thirty days,” in line 14 and
119substituting therefor the phrase “shall forthwith”.
120 SECTION 22. Section 25 of chapter 31 as it appears in the 2020 Official Edition of the
121General Laws is hereby amended by striking the word “shall” in line 51 and substituting therefor
122the phrase “may, in the administrator’s discretion,”; and inserting before the final period in line
12351 the following proviso:- “; provided, however, that the name of a person whose name has been
124certified to an appointing authority for an entry-level position and is under consideration for
125appointment shall remain in effect until the hiring process is completed by the appointing
126authority and any notice of appointment submitted to the administrator.”
127 SECTION 23. Section 25 of chapter 31 is hereby amended by striking the words “last
128examination taken” in the second paragraph and inserting in place thereof the following:- highest
129examination score achieved.
130 SECTION 24. Section 27 of chapter 31 is hereby amended by inserting a new first
131sentence in the first paragraph:-
132 “If the administrator or an appointing authority delegated by the administrator, applying
133 the formula for original appointments set out in the rules of the administrator, certifies
134from an eligible list the names of persons who are qualified, and willing to accept, an original
135appointment, the appointing authority, pursuant to the civil service law and rules, may appoint
136only from among such persons; provided, however, for each such person, if any, who is
137bypassed, rejected as not being in compliance with applicable entrance requirements, or
138withdraws from the application process, the appointing authority may appoint from among a
139group that includes the next highest-ranked person on the certification; and provided further, that 8 of 26
140the administrator or an appointing authority delegated by the administrator, shall not include the
141name of any person who has been so bypassed or rejected on any future certification from the
142same original appointment eligible list unless directed to do so by the commission.”
143 SECTION 25. Section 27 of chapter 31 is hereby amended by striking out the second
144paragraph and inserting in place thereof the following:-
145 If an appointing authority makes an original or promotional appointment from a
146certification of any qualified person other than the qualified person whose name appears highest,
147and the person whose name ranks highest on the certification is willing to accept such
148appointment, the appointing authority shall immediately provide to the person who ranked
149highest a written statement of the reasons for appointing the person whose name was not highest
150and such appointment shall be effective only when such statement of reasons has been provided.
151This written statement shall notify the bypassed individual of his or her right to appeal to the
152Commission, should the reasons proffered not be deemed by the individual sound and sufficient,
153within sixty (60) days of issuance of the statement of reasons. In response to a public records
154request, the appointing authority shall make a copy of such statement available for inspection.
155 SECTION 26. Section 27 of chapter 31 as it appears in the 2020 Official Edition of the
156General Laws is hereby amended by inserting in line 3 the words “a promotional” between the
157words “accept” and “appointment”. Section 27 is further amended in line 5 by striking the word
158“If” and substituting: “In the case of either an original or promotional vacancy, if” as the initial
159phrase in the second sentence of that first paragraph. 9 of 26
160 SECTION 27. Section 33 of chapter 31 as it appears in the 2020 Official Edition of the
161General Laws is hereby amended by striking the word “department” in lines 5-6 and substituting
162therefor the word “departmental”.
163 SECTION 28. Section 41A of chapter 31 is hereby amended by striking out the word
164“chairman” in the first sentence and inserting in place thereof the word “chair.”
165 SECTION 29. Section 42 of chapter 31 is hereby amended by striking out the
166penultimate sentence of the first paragraph and inserting in place thereof the following:-
167 If the commission finds that the appointing authority has failed to follow said
168requirements and that the rights of said person have been prejudiced thereby, the commission
169may order the appointing authority to restore said person to his employment immediately with or
170without loss of compensation or other rights and may issue such other orders as the commission
171may deem appropriate to restore and protect the rights provided to such person under this
172chapter.
173 SECTION 30. Section 43 of chapter 31 is hereby amended by striking out the first two
174sentences in the first paragraph and inserting in place thereof the following:-
175 If a person aggrieved by a decision of an appointing authority made pursuant to section
176forty-one shall, within ten days after receiving written notice of such decision, appeal in writing
177to the commission, he shall be given a preliminary hearing before a member of the commission
178or some other disinterested person designated by the chair of the commission. Said preliminary
179hearing shall occur within sixty (60) days after docketing the appeal and, if required, a full
180evidentiary hearing shall commence within one hundred eighty (180 days) after docketing the 10 of 26
181appeal, unless the parties otherwise agree or unless a commission member determines, as a
182matter of discretion, that a continuance is necessary.
183 SECTION 31. Section 43 of chapter 31 is hereby amended by striking out the first
184sentence of the second paragraph and inserting in place thereof the following:-
185 If the commission by a preponderance of the evidence determines that there was just
186cause for an action taken against such person it shall affirm the action of the appointing authority
187and deny the appeal; otherwise, it shall reverse said action and allow the appeal, in whole or in
188part, and the person concerned may be returned to his position with or without loss of
189compensation or other benefits and subject to such other orders as the commission may deem
190appropriate to restore and protect the rights provided to such person under this chapter; provided,
191further, if the preponderance of the evidence establishes that said action was based upon harmful
192error in the application of the appointing authority’s procedure, an error of law, or upon any
193factor or conduct on the part of the employee not reasonably related to the fitness of the
194employee to perform in his position, the commission shall allow the appeal, in whole or in part,
195and the person concerned may be returned to his position with or without loss of compensation
196or other benefits and subject to such other orders as the commission may deem appropriate to
197restore and protect the rights provided to such person under this chapter.
198 SECTION 32. Section 45 of chapter 31 is hereby amended by striking the first paragraph
199and inserting in place thereof the following:-
200 Each aggrieved individual who has prevailed in any appeal brought under this chapter
201shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a
202state official, by the comptroller of the Commonwealth, the following expenditures: (1) the 11 of 26
203filing fee paid to the Commission; (2) an amount not to exceed $1,500 for attorney’s fees
204actually incurred in conjunction with each of the following: (a) an appointing authority hearing;
205(b) a hearing before the Commission; and (c) an action for judicial review pursuant to section 44;
206and (3) an amount not to exceed $500 for summons to witnesses and any other expenses actually
207incurred in such successful appeal.
208 In addition to the amounts stated above, the Commission may award such additional
209reasonable attorneys’ fees and costs to an appellant who prevails in an appeal brought under this
210chapter, upon an express finding of either bad faith on the part of the appointing authority or an
211egregious or willfully repeated violation of this chapter, unless special circumstances would
212render such additional award unjust.
213 SECTION 33. Section 47A of chapter 31 is hereby amended by striking out the word
214“handicapped” in the fourth paragraph and inserting in place thereof the following:- disabled
215 SECTION 34. Section 48 of chapter 31 is hereby amended by striking out the word
216“selectmen” in the fifth paragraph and inserting in place thereof the following:- select boards;
217and in said section by striking out the word “men” in the twentieth paragraph and inserting in
218place thereof the following:- persons
219 SECTION 35. Section 53 of chapter 31 is hereby amended by striking out the phrase
220“board of selectmen” in the second sentence of subsection (b) and inserting in place thereof the
221following:- select board
222 SECTION 36. Section 58 of chapter 31 as it appears in the 2020 Official Edition of the
223General Laws is hereby, but with an effective date one year after enactment, amended by striking
224the third paragraph of this section and substituting therefor the following four new paragraphs:- 12 of 26
225 No applicant for examination for original appointment to the police force or fire force of
226a city or town shall be required by rule or otherwise to be a resident of such city or town at the
227time of filing application for such examination.
228 If any person who has resided in a city or town for one year immediately prior to the date
229of examination for original appointment to the police force or fire force of said city or town has
230the same standing on the eligible list established as the result of such examination as another
231person who has not so resided in said city or town, the administrator, when certifying names to
232the appointing authority for the police force or the fire force of said city or town, shall place the
233name of the person who has so resided ahead of the name of the person who has not so resided;
234provided, that upon written request of the appointing authority to the administrator, the
235administrator shall, when certifying names from said eligible list for original appointment to the
236police force or fire force of a city or town, place the names of all persons who have resided in
237said city or town for one year immediately prior to the date of examination ahead of the name of
238any person who has not so resided; provided further that, any applicant who earned a high school
239diploma from a public school located within the geographical confines of said city or town or so
240resided in said city or town when they received their public high school diploma shall have the
241same claim to preferential placement on the certification as those persons who have resided in
242said city or town for one year immediately prior to the date of examination.
243 In the case of a municipality with a population of less than seventy-five thousand
244inhabitants seeking to draw from a regional pool of candidates, the administrator may, upon
245written request of the hiring authority, when certifying names from said eligible list for original
246appointment, place the names of all persons who have resided in another municipality within ten
247miles of the perimeter of the requisitioning municipality ahead of the name of any person who 13 of 26
248has not so resided in or adjacent to the requisitioning municipality. In the case of a municipality
249with a population of greater than seventy-five thousand inhabitants, a public safety department
250appointing authority from that city and its counterpart from any other municipality may jointly
251petition the administrator to include on the portion of the eligible list of individuals seeking
252original appointment that are preferred on the basis of residency the names of candidates residing
253in those specifically-identified municipalities if the city appointing authority is so authorized to
254petition for expansion of the residency preference by a vote of the legislative body of the hiring
255municipality. Whenever the residency preference to be applied to eligible lists extends beyond
256the perimeter of the requisitioning municipality, the administrator shall specify the contours of
257the preference-eligible geographical zone on the administrator’s website. Thereafter, upon
258written request of the appointing authority to the administrator, the administrator shall, when
259certifying names from an eligible list for original appointment to the police or fire force of said
260municipality, place the names of all persons who satisfy the published criteria for residency
261preference ahead of the name of any person who does not satisfy said criteria.
262 Notwithstanding the provisions of any general or special law to the contrary, any person
263who receives an appointment to the police force or fire force of a city or town shall within nine
264months after his appointment establish his residence within such city or town or at any other
265place in the commonwealth that is within ten miles of the perimeter of such city or town;
266provided, however, that a city or town may increase the ten-mile residency limit under a
267collective bargaining agreement negotiated under chapter one hundred fifty E.
268 SECTION 37. Section 59 of chapter 31 as it appears in the 2020 Official Edition of the
269General Laws is hereby amended by inserting in line 6 the phrase “fifty-nine A or” before the
270word “sixty”. Section 59 of chapter 31 is further amended by replacing the word “four” in lines 14 of 26
27112 and 14 with the word “two” and by striking the word “certification” in line 18 and inserting
272the phrase “appointment and performed the job duties”.
273 SECTION 38. Chapter 31 of the General Laws is further amended by inserting, after
274section fifty-nine, a new section 59A, as follows:-
275 (a) Notwithstanding the provisions of any general or special law to the contrary, the
276administrator may authorize an appointing authority to create its own registers of entry-level
277municipal police and firefighter candidates after the appointing authority has entered into a
278written agreement with the administrator to adhere in the hiring process to basic merit principles,
279as defined in section one of this chapter; to commit to recruiting and considering candidates of
280diverse backgrounds; and upon submission of an anti-nepotism, anti-patronage, and anti-
281favoritism policy acceptable to the administrator.
282 (b) An appointing authority that has entered into a written agreement with the
283administrator referenced in Section fifty-nine A (a) may designate candidates to appear on a local
284public safety register from which candidates may be considered for original appointment to
285permanent police officer or firefighter. None of the provisions of sections twenty-six or twenty-
286seven of this chapter shall apply to those candidates designated by the appointing authority to be
287considered from the local public safety register.
288 (c) A candidate may be appointed as a permanent police officer from a local public safety
289register without having first passed the entry examination required by section six if they meet the
290minimum educational attainment and age requirements for appointment set forth in the second
291paragraph of section fifty-eight and the health and physical fitness standards set forth in section
292sixty-one A of this chapter, and also satisfy one of the following conditions: 15 of 26
293 (1) future successful completion of a prescribed course of study at a police academy
294approved by the municipal police training committee pursuant to section ninety-six B of chapter
295forty-one; or
296 (2) receipt of a passing mark, within the past five years, on: (i) a civil service examination
297for police officer administered by the administrator; or (ii) a qualifying examination administered
298by the appointing authority that has been validated by a test-development expert and that tests
299the knowledge, skills, and abilities to perform the primary or dominant duties of the position; or
300(iii) any other examination approved by the administrator in consultation with individuals
301deemed to be subject matter experts in the policing profession; or
302 (3) current service in Massachusetts as a salaried police officer certified by the peace
303officer standards and training commission; or
304 (4) graduation within the past five years from a police academy approved by the
305Massachusetts police training committee; or
306 (5) receipt of a waiver from the Massachusetts police training committee excusing the
307named candidate from further academy training.
308 (d) No individual appointed as a police officer may perform the duties of a sworn police
309officer prior to completion of the prescribed course of study approved by the Massachusetts
310police training committee pursuant to section ninety-six B of chapter forty-one or receipt of a
311waiver of such training requirement from said committee.
312 (e) A candidate may be appointed from a local public safety register as a permanent
313firefighter without having first passed the entry examination required by section six if they meet 16 of 26
314the minimum educational attainment and age requirements for appointment set forth in the
315second paragraph of section fifty-eight and the health and physical fitness standards set forth in
316section sixty-one A of this chapter, and also satisfy one of the following conditions:
317 (1) prior or proximately anticipated graduation from a fire academy, or anticipated
318completion within the next twelve months of another prescribed course of study culminating in
319certification, approved by the Massachusetts fire training council pursuant to section one
320hundred sixty-five of chapter six.
321 (2) receipt of a passing mark, within the past five years, on: (i) a civil service examination
322for firefighter administered by the administrator; or (ii) a qualifying examination administered by
323the appointing authority that has been validated by a test-development expert and that tests the
324knowledge, skills, and abilities to perform the primary or dominant duties of the position; or (iii)
325any other examination approved by the administrator in consultation with individuals deemed to
326be subject matter experts in the firefighting profession; or
327 (3) current service, for a minimum of six months, in Massachusetts as a salaried
328firefighter; or
329 (4) past service as a salaried firefighter in another jurisdiction together with certification
330acceptable to the Massachusetts fire training council.
331 (f) In each and every case, whether involving either police or fire position candidacies
332under this section, no appointment shall be deemed effectual for civil service purposes until
333notification of same to the administrator in a manner prescribed by the administrator. Nothing in
334this section regarding the appointment of candidates from a local public safety register shall be 17 of 26
335construed to apply to any municipal public safety personnel ranked above the entry-level
336position of police officer or firefighter.
337 (g) Upon investigation and substantiation by the commission of allegations that an
338appointing authority has violated material terms of the written agreement entered into with the
339administrator, the commission, in consultation with the administrator, may order modifications,
340suspension, or termination of the agreement.
341 SECTION 39. Chapter 31 of the General Laws is further amended by inserting, after
342section fifty-nine, a new section 59B, as follows:-
343 Notwithstanding the provisions of any general or special law to the contrary, the
344administrator may authorize an appointing authority to establish an entry-level police cadet
345program leading to civil service tenure. The cadet program shall be established by the appointing
346authority, consonant with basic merit principles and the provisions of section twenty-one-A of
347chapter one hundred forty-seven, except that a person appointed as a police cadet need not reside
348in the municipality making the appointment and may be of any age once the person’s eighteenth
349birthday has transpired. Cadet program requirements shall be approved by both the administrator
350and an authorized designee of the municipal police training committee established by section
351one-hundred-sixteen of chapter six of the General Laws.
352 A cadet shall not be subject to or entitled to the benefits of any retirement or pension law
353nor shall any deduction be made from his compensation for the purpose thereof; but a cadet who
354satisfies all prerequisites for appointment to the police force of such city or town, and is
355appointed a permanent full-time police officer, shall have his police cadet service considered as
356''creditable service'' for purposes of retirement, provided he pays into the annuity savings fund of 18 of 26
357the retirement system such amount as the retirement board determines equal to that which he
358would have paid had he been a member of said retirement system during the period of his
359training as a police cadet.
360 A cadet may be appointed to fill a vacancy in a position in the lowest grade of a
361municipal police force through a cadet appointment without certification from an eligible list. In
362order to maintain cadet-appointment status, the cadet must pass a qualifying exam and be a
363member in good standing in the appointing authority-sponsored cadet program for a time period
364specified by the administrator but not less than twelve months. Upon successful completion of
365the cadet program and contingent upon graduation from a police academy approved by the
366municipal police training committee, the appointing authority may effectuate a civil service
367appointment of said cadet to the permanent police force via notification to the administrator.
368Such appointee shall then serve the probationary period specified in section sixty-one of this
369chapter before gaining tenure status. The appointing authority shall report in writing to the
370administrator any such permanent original appointment.
371 SECTION 40. Chapter 31 of the General Laws is further amended by inserting, after
372section fifty-nine, a new section 59C, as follows:
373 Notwithstanding the provisions of any general or special law to the contrary, any person
374who has completed not less than twelve months of service as a fire cadet may, subject to a
375program established by the head of the fire department, as defined in section one of chapter one
376hundred forty-eight, on behalf of a municipality accepting of the provisions of this chapter,
377which program has been approved by both the administrator and the Massachusetts fire training
378council, be appointed to fill a vacancy in a position in the lowest grade in the civil service fire 19 of 26
379force of said city or town without certification from an eligible list prepared under this chapter;
380provided, however, that such person is either on a fire entrance eligible list prepared under this
381chapter or passes another qualifying examination approved by the administrator. Any change in
382working conditions for incumbent firefighters directly precipitated by the employment of fire
383cadets shall trigger the bargaining obligations set forth in section six of chapter one-hundred-
384fifty-E of the General Laws. A cadet shall not be subject to or entitled to the benefits of any
385retirement or pension law nor shall any deduction be made from his compensation for the
386purpose thereof; but a cadet who satisfies all prerequisites for appointment to the firefighting
387force of such city or town, and is appointed a permanent full-time firefighter, shall have his fire
388cadet service considered as ''creditable service'' for purposes of retirement, provided he pays into
389the annuity savings fund of the retirement system such amount as the retirement board
390determines equal to that which he would have paid had he been a member of said retirement
391system during the period of his training as a fire cadet.
392 SECTION 41. Chapter 31 of the General Laws is further amended by inserting, after
393section 59, a new section 59D, as follows:- “The percentage of candidates appointed to a
394permanent position from a local public safety service register or a cadet program, pursuant to
395sections fifty-nine A through fifty-nine C of this chapter, inclusive, shall not exceed, in the
396aggregate, more than fifty percent of the appointing authority’s overall appointments to the
397entry-level police and firefighter ranks during the time period established by the written
398agreement consummated between the administrator and the appointing authority that authorizes
399the alternative appointment methodologies permitted by this chapter.”
400 SECTION 42. Chapter 31 of the General Laws is further amended by inserting, after
401section 59, a new section 59E, as follows:- “Sections six D, fifty-nine A, fifty-nine C, and fifty- 20 of 26
402nine D of chapter thirty-one of the General Laws shall be in effect until January 1, 2035, and
403shall expire on that date.”
404 SECTION 43. Section 60A of chapter 31 is hereby amended by striking out the word
405“selectmen” in subsection (a) and inserting in place thereof the following:- select board
406 SECTION 44. Section 61 of chapter 31 as it appears in the 2020 Official Edition of the
407General Laws is hereby amended by inserting a new final sentence stating:-
408 “Unless otherwise provided by civil service rule, and with appropriate adjustments to the
409timing of performance evaluations called for therein, the second paragraph of section thirty-four
410of this chapter shall apply to persons covered by this section.”
411 SECTION 45. Section 63 of chapter 31 is hereby amended by striking out the word
412“handicapping” in the final paragraph and in place thereof the following:- disabling
413 SECTION 46. Section 65 of chapter 31 as it appears in the 2020 Official Edition of the
414General Laws is hereby amended by replacing the word “four” in lines 8 and 10 with the word
415“two”. Section 65 is further amended by inserting a new seventh and final paragraph stating:-
416 “Unless otherwise provided by civil service rule, and with appropriate adjustments to the
417timing of performance evaluations called for therein, the second paragraph of section thirty-four
418of this chapter shall apply to persons covered by this section.”
419 SECTION 47. Section 67 of chapter 31 as it appears in the 2020 Official Edition of the
420General Laws is hereby amended by striking the word “and” between the word “employee” and
421the phrase “the seniority” in line 6 and substituting a comma therefor; then inserting at the end of
422that sentence the phrase “and available demographic data, in aggregate form, regarding the 21 of 26
423complement of civil service employees in each department.” Section 67 is further amended by
424inserting the phrase “commission or” before the phrase “attorney general” in line 21. Section 67
425is further amended by striking the word “one” in line 23 and substituting therefor the word
426“five”.
427 SECTION 48. Section 72 of chapter 31 is hereby amended by inserting, in the third
428sentence of the second paragraph, after the words “recommend to”, the following words “or
429order”, and is hereby further amended by inserting the words “or orders” at the end of said
430sentence.
431 SECTION 49. Section 72 of chapter 31 is hereby amended by inserting in the first
432sentence of the third paragraph, after the words “summon witnesses,” the words "demand to
433inspect documents,” before the phrase “administer oaths”.
434 SECTION 50. Section 73 of chapter 31 is hereby amended by inserting in the first
435sentence of the first paragraph, the words “the commission or” before the word “administrator”
436where it first appears.
437 SECTION 51. Section 74 of chapter 31 is hereby amended by striking out the word
438“alderman” in the third paragraph and inserting the phrase “board of alders”; and in said section
439by striking out the word “councilman” in the second paragraph and inserting the phrase “city
440council”; and in said section by striking out the word “aldermen” in the fourth paragraph and
441inserting the phrase “board of alders”; and further by striking out the word “selectmen” in the
442fourth paragraph and inserting the phrase “select board.”
443 SECTION 52. Section 75 of chapter 31 as it appears in the 2020 Official Edition of the
444General Laws is hereby amended by inserting at the end of the first sentence, in line 10, the 22 of 26
445phrase “, or to furnish information to, or cooperate with, law enforcement authorities.” Section
44675 of chapter 31 is additionally amended by striking out the word “aldermen” and inserting the
447word “alders”; and further by striking out the word “selectmen” and inserting the words “select
448board.”
449 SECTION 53. Section 77 of chapter 31 is hereby amended by inserting the words
450“commission or” before the word “administrator”.
451 SECTION 54. Chapter 3 as it appears in the 2020 Official Edition of the General Laws is
452hereby amended by inserting the following new section after Section 77:-
453 “Section 78. Commission on Recruitment, Hiring and Retention of Municipal Police
454Officers and Firefighters in Massachusetts.
455 (a) There shall be a permanent commission on recruitment, hiring and retention of
456municipal police officers and firefighters in Massachusetts to be chaired by one designee
457appointed by the Speaker of the house, one designee appointed by the President of the senate,
458and one designee appointed by the Governor, and consisting of the following members or their
459designees: the house and senate chairs of the joint committee on public service and the house and
460senate chairs of the joint committee on public safety and homeland security, who may also serve,
461if not as chairs, then as vice chairs of, the commission; the Secretary of Administration and
462Finance; the Chief Human Resources Officer for the Commonwealth of Massachusetts; the Chair
463of the Civil Service Commission; the Attorney General; the Secretary of Public Safety and
464Security; the Chair of the Massachusetts Peace Officer Standards and Training Commission; the
465Executive Director of the Municipal Police Training Committee; the President of the
466Massachusetts Chiefs of Police Association; the President of the Massachusetts Major City 23 of 26
467Chiefs of Police; the Chair of the Massachusetts Law Enforcement Policy Group; a
468representative of police officers selected by the Co-Chairs from candidates recommended from a
469major federation of police officer unions in Massachusetts; a member of a correctional officers’
470union; the President of the Massachusetts Association of Minority Law Enforcement Officers;
471the President of the Massachusetts Association of Women in Law Enforcement; the Chair of the
472Massachusetts Fire Training Council; the State Fire Marshal; the President of the Fire Chiefs
473Association of Massachusetts; the President of the Professional Firefighters Association of
474Massachusetts; the Secretary of Veterans Affairs; the President of the Massachusetts Veteran
475Service Agents; the Commander of the Disabled Veterans of Massachusetts; the Executive
476Director of the Massachusetts Municipal Association; the President of the Massachusetts
477Mayors’ Association; the Chair of the Massachusetts Municipal Human Resources Association;
478the Executive Director of the Massachusetts Chapter of the ACLU; the President of the Boston
479Chapter of the NAACP’s New England Conference; and the Chair of the Massachusetts
480Commission Against Discrimination.
481 (b) The co-chairs may appoint a steering committee and subcommittees to carry out the
482mandate of the commission. Members of the commission shall be subject to the provisions of
483chapter two hundred sixty-eight A as they apply to special state employees and shall receive no
484compensation for their services.
485 (c) The commission shall be a resource to the Commonwealth and municipalities on
486issues related to the recruitment, hiring and retention of highly qualified candidates of diverse
487backgrounds for municipal police officer and firefighter positions across Massachusetts. In
488support of this objective, the Commission may: (1) obtain, interpret, and apply current research
489and evaluation data, including information reported pursuant to section sixty-seven of chapter 24 of 26
490thirty-one of the General Laws, to program initiatives and policy development and identify and
491advocate for solutions to address gaps in strategies for employment of highly qualified and
492diverse municipal public safety personnel; and (2) recommend measures to increase, where
493appropriate, representation within municipal public safety departments of historically under-
494represented populations, including females and persons of color, and monitor the compliance by
495municipal public safety departments with any commitments they may have entered into to
496diversify their workforces.
497 (d) The commission shall be empowered to examine and evaluate the implementation of
498all reforms related to the recruitment, hiring and retention of municipal police officers and
499firefighters in Massachusetts made by the Special Legislative Commission to Study and Examine
500the Civil Service Law, Personnel Administration Rules, Hiring Procedures and By-Laws for
501Municipalities not Subject to the Civil Service Law and State Police Hiring Practices by: (1)
502studying, reviewing and reporting on: (i) the hiring outcomes of any civil service appointments
503facilitated by sections fifty-nine A through fifty-nine C of chapter thirty-one; (ii) the hiring
504outcomes of reforms made to civil service residency preference provisions of section fifty-eight
505of chapter thirty-one; (iii) the hiring outcomes of any other civil service reforms implemented
506including, but not limited to, the increased frequency of civil service examinations and the
507lowering of examination fees; and (2) making recommendations: (i) to ensure that adopted
508reforms are being implemented consistent with the intent of the Special Legislative Commission;
509and (ii) for further legislation in furtherance of the commission’s mandate.
510 (e) The commission shall also be empowered to examine and evaluate all aspects of the
511recruitment, hiring and retention of municipal police officers and firefighters in all municipalities
512in Massachusetts and make pertinent recommendations to agencies and officers of the 25 of 26
513commonwealth and local subdivisions of government not governed by chapter thirty-one that
514advance basic merit principles in the recruitment, hiring and retention of highly qualified police
515officers and firefighters of diverse backgrounds across Massachusetts.
516 (f) The commission may obtain from all state agencies and municipalities such
517information and assistance as the commission may require.
518 (g) The commission shall submit a report on its activities and findings, including any
519recommendations, to the governor, the clerks of the house of representatives and the senate, and
520the house and senate chairs of the joint committee on public service and joint committee on
521public safety and homeland security, and shall file at least one report annually.”
522 SECTION 55. Section 4I of chapter 7 is hereby amended by striking out the word
523“chairman” as it appears and inserting the word “chair”; and in said section by striking out the
524word “selectman” and inserting the word “selectperson”; and further by replacing the words
525“his” and “him” with the phrases “his or her” and “him or her,” respectively.
526 SECTION 56. Chapter 7 as it appears in the 2020 Official Edition of the General Laws is
527hereby amended by inserting the following new section 4T after section 4S:- “A position will be
528established at the Manager level under the supervision of the Director of Diversity and Equal
529Opportunity with the responsibility to promote diversity and equal opportunity in civil service
530employment throughout the Commonwealth. The Manager of Civil Service Diversity, Equity
531and Inclusion will be responsible for: (i) overseeing initiatives and addressing issues involving
532Diversity, Equity and Inclusion in public safety employment, with a particular focus on civil
533service municipalities and municipalities that have left the civil service system; and (ii) 26 of 26
534providing support to the Commission on Recruitment, Hiring and Retention of Municipal Police
535Officers and Firefighters in Massachusetts established by section seventy-eight of this chapter.”