SECTION 1. Notwithstanding M.G.L. Chapter 31 and other statutes and Special Acts to the contrary, the appointment authority of the Town of Dartmouth Police Department may make a police promotional appointment within a departmental unit on the basis of a police departmental promotional exam;

(a) For promotion to title of Police Sergeant: there shall be no such promotional examination until there are at least two certified permanent employees who have been employed in the Town of Dartmouth Police Department for at least three (3) years of certified full-time permanent police employment immediately preceding the date of the examination in a title equal to that of which the position for which the examination is to be held or the next lower title, as determined by the Administrator, as certified permanent full time police officers. Persons referred to in this section as being permanent employees in the lowest or lower title shall include only full-time members of the regular police force and shall not include members of the reserve or intermittent police force.

(b) For promotion to any title above Police Sergeant: the examination shall only be open to employees who have been employed by the Town of Dartmouth Police Department for at least (5) five years of certified full-time permanent police employment immediately preceding the date of the promotional examination in a title equal to that of which the position for which the examination is to be held or the next lower titles, as determined by the administrator, as police sergeant, including service in an acting capacity in the title examined or higher title, and including any credited full-time service as a police officer in another department. Except that if the number of applicants eligible is less than two, the examination shall be opened to permanent full-time certified police employees in the next lower titles in succession within the police department until either two such eligible employees have applied for examination or until such examination is open to all certified permanent employees in lower titles within the Dartmouth Police Department.

The Legislature is authorized to modify or make technical corrections consistent with the intent and purpose of this proposal.

SECTION 2.  This act shall take effect upon passage.