Session Laws

Be it approved by the Senate and House of Representatives in General Court assembled, pursuant to Article LXXXVII of the Amendments to the Constitution, and by the authority of same, as follows:

SECTION 1. Section 18 of chapter 6A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 13, the semicolon and the word:- "and" and inserting in place thereof a comma; and by inserting at the end of said line 13 the words:- "; and the department of metropolitan district police".

SECTION 2. Section 8 of chapter 21A of the General Laws, as most recently amended by section 2 of chapter 265 of the Acts of 1989, is hereby amended by inserting, at the end of the ninth paragraph, the words:- ", except for the metropolitan district police".

SECTION 3. Section 3 of chapter 28 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out in lines 8 and 9 the words:- "including officers and members of the police force".

SECTION 4. Chapter 92 of the General Laws is hereby amended by inserting the following sections:-

Section 60B. There shall be within the executive office of public safety a department of metropolitan district police, under the supervision and control of the superintendent of the metropolitan district police.

Section 60C. The governor, upon recommendation by the secretary of public safety, shall appoint the superintendent of the metropolitan district police, who shall serve at the pleasure of the governor. Said superintendent shall be the executive and administrative head of the department of metropolitan district police, and may, with the approval of the secretary of public safety, appoint such police officers and other personnel necessary to carry out the duties of the department. The position of said superintendent shall be classified in accordance with section forty-five of chapter 30 and the salary shall be determined in accordance with section forty-six C of said chapter 30.

SECTION 5. Section 61 of chapter 92 of the General Laws, as so appearing, is hereby amended by striking out, in line 1 and line 17, respectively, the word:- "commission" and inserting in place thereof, respectively, the words:- "department of metropolitan district police".

SECTION 6. Section 61A of chapter 92 of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out, in line 5, the words:- "the commissioner,"; and by striking out, in line 8 and line 14, respectively, the word:- "commission" and inserting in place thereof, respectively, the words:- "department of metropolitan district police".

SECTION 7. Section 62 of said chapter 92, as so appearing, is hereby amended by striking out, in line 1, the word:- "commissioner" and inserting in place thereof the word:- "superintendent".

SECTION 8. Section 62A of said chapter 92, as so appearing, is hereby amended by striking out, in lines 1 and 4, respectively, the word:- "commission" and inserting in place thereof, respectively, the words:- "department".

SECTION 9. Section 63A of said chapter 92, as so appearing, is hereby amended by inserting, in line 1, after the word "commission" the following words:- ", upon the recommendation of the superintendent,".

SECTION 10. Section 63B of said chapter 92, as so appearing, is hereby amended by striking out in lines 1, 3, and 15, respectively, the word:- "commission" and inserting in place thereof, respectively, the word:- "department".

SECTION 11. All budget items and personnel and equipment schedules pertaining to the equipment and maintenance thereof of the metropolitan district commission police force, as said force was constituted hitherto; the property of the metropolitan district commission police force and its upkeep; and the salaries and benefits of metropolitan district commission police force employees shall be transferred from the executive office of environmental affairs to the executive office of public safety as of the effective date of this act.

SECTION 12. For all purposes, the department of metropolitan district police as constituted by this act shall be deemed to be the successor to the metropolitan district commission police, as formerly constituted, without any discontinuity of function or service to the public and to the extent possible without any discontinuity of function or service to the metropolitan district commission or the executive office of environmental affairs. Any reference in any general or special law, rule or regulation to the metropolitan district commission police force, as constituted prior to the effective date of this act, shall henceforth be deemed to refer to the department of metropolitan district police, as constituted by this act.

Nothing contained in this act shall be construed as amending, abridging or impairing the powers, duties, authority, jurisdiction, or contractual or legal obligations of the metropolitan district commission police force which are in force immediately prior to the effective date of this act; nor shall anything contained in this act be construed as amending, abridging or impairing the existing collective bargaining rights, or other rights, including but not limited to civil service rights, seniority, group insurance benefits, and retirement benefits of any employee of the metropolitan district commission police.

No existing right or remedy of any character shall be lost, impaired or affected by the provisions of this act.

SECTION 13. The secretary of public safety and the secretary of environmental affairs shall, no later than November 1, 1990 jointly execute a memorandum of understanding providing for the orderly implementation of this act, which memorandum shall assure, at a minimum, that no entity within the metropolitan district commission or the executive office of environmental affairs shall lose the use of any property or equipment which it used prior to November 1, 1990, either exclusively or concurrently with the metropolitan district commission police and to the extent possible shall not lose any services currently provided to the metropolitan district commission or the executive office of environmental affairs.

SECTION 14. This act shall take effect upon the expiration of sixty calendar days following its presentation to the general court pursuant to Article LXXXVII of the Amendments to the Massachusetts Constitution. `t+99