Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 7 of chapter 268A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by inserting after the word "teaching", in line 55, the words:- or performing other related duties.

SECTION 2. Section 4 of chapter 268B of the General Laws is hereby amended by striking out paragraph (k), as amended by section 349A of chapter 150 of the acts of 1990, and inserting in place thereof the following paragraph:-

(k) Any final action by the commission made pursuant to this chapter shall be subject to review in superior court upon petition of any party in interest filed within thirty days after the action for which review is sought. The court shall enter a judgment enforcing, modifying or setting aside the order of the commission or it may remand the proceedings to the commission for such further action as the court may direct. If the court modifies or sets aside the commission order or remands the proceedings to the commission, the court shall determine whether such modification, set aside or remand is substantial. If the court does find such modification, set aside or remand to be substantial, the employee shall be entitled to be reimbursed from the treasury of the commonwealth for reasonable attorneys' fees and all court costs incurred by him in the defense of the charges contained in said proceedings. The amount of such reimbursement shall be awarded by the court, but shall not exceed twenty thousand dollars per person, per case. Reimbursement of such costs shall be applicable to state, county or municipal employees whose conduct is so regulated by the provisions of chapter two hundred and sixty-eight A and this chapter.

SECTION 3. Section two of this act shall apply to commission orders issued on or after the effective date of this act.