HOUSE DOCKET, NO. 4204        FILED ON: 10/8/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3875

The Commonwealth of Massachusetts

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PRESENTED BY:

Christopher M. Markey

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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 further regulating the appointment and removal of certain personnel in Dartmouth Fire District Number Two.

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PETITION OF:

HOUSE DOCKET, NO. 4204        FILED ON: 10/8/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3875

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act further regulating the appointment and removal of certain personnel in Dartmouth Fire District Number Two.

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. (a) Notwithstanding any general or special law to the contrary, the Dartmouth fire district No. 2, hereinafter referred to as the district, shall be headed by an officer to be known as the chief of the fire department. The chief shall be appointed by the prudential committee of the district for a term up to but not more than 3 years; provided, that the chief may be reappointed for another such term as often as the prudential committee, in its discretion desires; and provided further, that any such reappointment may only occur in the last year of the chief’s current term. The chief shall receive such salary as may be determined through the execution of a contract with the prudential committee for the term of the appointment subject to appropriation by the district meeting.

(b) The prudential committee may suspend or remove the chief for just cause at any time after a hearing; provided, that the failure to reappoint the chief shall not constitute such a removal and shall not require such a hearing. The prudential committee may appoint a hearing officer for any such hearing, who shall make factual findings that are binding upon the prudential committee, but who shall not make any decision with respect to what, if any, discipline is merited by those findings. Should the chief choose to appeal a suspension or removal, any such appeal shall be made in writing, within 10 business days, to the chair of the prudential committee and shall be subject to mandatory, binding arbitration.  Upon the timely receipt of any such written appeal, the chair of the prudential committee and the appealing individual may agree upon a different arbitrator.  There shall be no hearing for, and no appeal of, any lesser discipline.

(c) The chief shall hire all members of the fire department.  The chief shall appoint a deputy and any other officers the chief deems necessary. The chief may suspend or remove any subordinate officers or members for just cause at any time after a hearing.  Any such subordinate officer or member may appeal a removal to the prudential committee.  There shall be no appeal of any lesser discipline.  The prudential committee may appoint a hearing officer for any such hearing.  The hearing officer shall make factual findings that are binding upon the prudential committee, but who shall not make any decision with respect to factual findings that are binding upon the prudential committee, but who shall not make any decision with respect to what, if any, discipline is merited by those findings.  There shall be no appeal from the prudential committee’s decision.

(d) Sections 42 and 43 of chapter 48 of the General Laws shall apply to the chief, except as provided in this act.

SECTION 2. (a) Notwithstanding any general or special law to the contrary, the treasurer of the district shall be appointed by the prudential committee of the district for a term up to but not more than 3 years; provided, that the treasurer may be reappointed for another such term as often as the prudential committee, in its discretion, desires; and provided, further that any such appointment may only occur in the last year of the treasurer’s current term.  The treasurer shall receive such salary as may be determined through the execution of a contract with the prudential committee for the term of the appointment, subject to appropriation by the district meeting. The prudential committee may suspend, terminate or otherwise discipline the treasurer pursuant to the terms set forth in the employment contract.

(b) Notwithstanding any general or special law to the contrary, there shall be no auditors of the district and any and all powers and duties of such officers shall be held and exercised by a qualified professional auditor selected by the prudential committee.

(c) Notwithstanding any general or special law to the contrary, the clerk of the district shall be appointed by the prudential committee of the district for a term up to but not more than 3 years; provided, that the clerk may be reappointed for another such term as often as the prudential committee, in its discretion, desires; and provided, further that any such reappointment may only occur in the last year of the clerk’s current term.  The clerk shall receive such salary as may be determined through the execution of a contract with the prudential committee for the term of the appointment, subject to appropriation by the district meeting.  The prudential committee may suspend, terminate or otherwise discipline the clerk pursuant to the terms set forth in the employment contract.  The prudential committee may appoint a single individual to the positions of both treasurer and clerk of the district.