HOUSE DOCKET, NO. 3531        FILED ON: 3/6/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3525

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Alice Hanlon Peisch

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act clarifying the term of appointment of non-civil service police officers.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Alice Hanlon Peisch

14th Norfolk

3/6/2013

Michael R. Knapik

Second Hampden and Hampshire

 

Thomas J. Calter

12th Plymouth

 

Michael J. Barrett

Third Middlesex

 

Michael F. Rush

Norfolk and Suffolk

 

Peter J. Durant

6th Worcester

 

Kenneth I. Gordon

21st Middlesex

 

Danielle W. Gregoire

4th Middlesex

 

Paul McMurtry

11th Norfolk

 

Sarah K. Peake

4th Barnstable

 

John J. Lawn, Jr.

10th Middlesex

 

David Paul Linsky

5th Middlesex

3/11/2013

Timothy R. Madden

Barnstable, Dukes and Nantucket

 

Bradley H. Jones, Jr.

20th Middlesex

 

Jason M. Lewis

Fifth Middlesex

 

Anne M. Gobi

5th Worcester

 

John H. Rogers

12th Norfolk

 

Cleon H. Turner

1st Barnstable

 

James J. Dwyer

30th Middlesex

 

Kimberly N. Ferguson

1st Worcester

3/12/2013

Elizabeth A. Poirier

14th Bristol

 

Carolyn C. Dykema

8th Middlesex

 

F. Jay Barrows

1st Bristol

 

Jonathan Hecht

29th Middlesex

 

Marc T. Lombardo

22nd Middlesex

 

James R. Miceli

19th Middlesex

 

Thomas M. Stanley

9th Middlesex

 

Matthew A. Beaton

11th Worcester

 

Jennifer L. Flanagan

Worcester and Middlesex

 

Jeffrey N. Roy

10th Norfolk

 

Richard J. Ross

Norfolk, Bristol and Middlesex

3/13/2013

Paul Brodeur

32nd Middlesex

3/13/2013

Richard T. Moore

Worcester and Norfolk

 

Michael J. Rodrigues

First Bristol and Plymouth

 

Donald H. Wong

9th Essex

 

Katherine M. Clark

Fifth Middlesex

 

Cory Atkins

14th Middlesex

 

Kay Khan

11th Middlesex

 

James B. Eldridge

Middlesex and Worcester

3/13/2013

Patricia A. Haddad

5th Bristol

 

Nicholas A. Boldyga

3rd Hampden

 


HOUSE DOCKET, NO. 3531        FILED ON: 3/6/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3525

By Ms. Peisch of Wellesley, a petition (subject to Joint Rule 12) of Alice Hanlon Peisch and others relative to the term of appointment of non-civil service police officers.  Public Service.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act clarifying the term of appointment of non-civil service police officers.

 

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

Section 133 of Chapter 41 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) Appointment of members of a police department that are not covered by the provisions of Chapter 31 of the General Laws, the Civil Service law, subsequent to the initial appointment shall be made annually or for a term of years as the appointing authority shall determine, or for an unspecified or indefinite term of appointment as long as the officer is not removed as described in this paragraph, notwithstanding the provisions of Chapter 41 of the General Laws, sections 96, 97 or 97A, or any municipal charter, ordinance or by-law. The appointing authority may remove any such officer for cause, or whatever standard is contained in any applicable collective bargaining agreement or employment contract, and after a hearing, at any time during such appointment. For police officers covered by collective bargaining agreements or employment contracts which contain standards for the discharge, termination or removal of employees, the non-reappointment of a police officer serving under an appointment subsequent to an initial appointment shall be considered to be a discharge, termination or removal and the standards shall be enforceable with respect to such non-reappointment by the procedures set forth in the collective bargaining agreement or employment contract.