SENATE DOCKET, NO. 2124        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 588

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael O. Moore

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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 establishing an environmental police cadet program.

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PETITION OF:

SENATE DOCKET, NO. 2124        FILED ON: 2/19/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 588

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act establishing an environmental police cadet program.

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.  Chapter 21A of the General Laws is hereby amended by inserting after section 10J the following section:-

Section 10K.  The director may establish a cadet program within the department and may admit as an environmental police cadet, for a period of full-time on the job training, a citizen resident in the commonwealth who: (i) is not less than 19 years of age and not more than 25 years of age; (ii) would otherwise be found suitable for appointment for initial enlistment as a uniformed member of the environmental police, with the exception of the physical fitness standards therein; (iii) has passed a qualifying physical fitness examination, as determined by the director; and (iv) has passed a qualifying examination, as determined by the director.

The qualifying examination shall be conducted under the direction of the director who shall, after consultation with the personnel administrator, determine its form, method and subject matter. The qualifying examination shall fairly test the applicant’s knowledge, skills and abilities that can be fairly and reliably measured and that are actually required to perform the primary or dominant duties of the position of environmental police cadet.

A person who has attained the age of 19 on or before the final date for the filing of applications for the environmental police cadet program shall be eligible to take the qualifying examination for the environmental police cadet program. A person who has attained the age of 26 on or before the final date for the filing of applications for the environmental police cadet program shall not be eligible to take the qualifying examination for the environmental police cadet program.

Admission as an environmental police cadet shall not be subject to the civil service law or rules and an environmental police cadet shall not be entitled to any benefits of such law or rules. The colonel shall immediately report, in writing, any admission as an environmental police cadet made pursuant to this section to the secretary of public safety and security and the personnel administrator. Admission shall be for a term of service of not less than 12 months as determined by the department and may be terminated at any time. An environmental police cadet’s term of service shall be terminated if the environmental police cadet fails to maintain a passing grade in any course of study required by the director. An environmental police cadet shall be required to meet the physical fitness standards required for appointment for initial enlistment as a uniformed member of the environmental police within 12 months of the environmental police cadet’s admission to the environmental police cadet program. An environmental police cadet shall be an at-will employee. An environmental police cadet shall receive such compensation and such leave with pay as the director shall determine in consultation with the personnel administrator. The director shall establish requirements for successful completion of the environmental police cadet program.

The director shall determine the duties and responsibilities of environmental police cadets. An environmental police cadet shall not carry arms and shall not have any power of arrest other than that of an ordinary citizen. An environmental police cadet shall be considered an employee of the commonwealth for the purposes of workers’ compensation.

While participating in the environmental police cadet program, an environmental police cadet shall not be subject to or entitled to the benefits of any retirement or pension law, nor shall any deduction be made from an environmental police cadet’s compensation for the purpose thereof; provided, however, that an environmental police cadet who successfully completes the environmental police cadet program and is appointed to the department of state police pursuant to section 11 or is appointed as a police officer in a municipal police department, the Massachusetts bay transportation authority police force, the office of law enforcement within the executive office of energy and environmental affairs or the University of Massachusetts or becomes an employee, as defined in section 1 of chapter 32, shall have any environmental police cadet service considered as creditable service, as defined in said section 1 of said chapter 32, for purposes of retirement if the environmental police cadet pays into the annuity savings fund of the retirement system in 1 sum or in installments, upon such terms and conditions as the board may prescribe, not later than 1 year after appointment as described above, such amount as the retirement board determines equal to that which the environmental police cadet would have paid had the environmental police cadet been a member of the retirement system during the period of training as a environmental police cadet, together with buyback interest.