HOUSE DOCKET, NO. 694        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2496

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Marjorie C. Decker

_________________

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 relative to a petition for a special law re: fire cadet program for the city of Cambridge fire department.

_______________

PETITION OF:

HOUSE DOCKET, NO. 694        FILED ON: 1/17/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2496

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 4337 OF 2021-2022.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

An Act relative to a petition for a special law re: fire cadet program for the city of Cambridge fire department.

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. The appointing authority in the City of Cambridge authorized to appoint firefighters for the City of Cambridge may appoint as a fire cadet, for a period of full-time “on the job” training, any citizen resident of Cambridge who is not less than eighteen nor more than twenty-three years of age who meets the physical qualifications required of applicants for appointment as a firefighter in Cambridge, and who is determined by the appointing authority to be of good moral character. Such appointment shall not be subject to the civil service laws or rules; nor shall a fire cadet be entitled to any benefits of such civil service laws or rules. Such appointment may be terminated with or without cause by the appointing authority at any time, and shall be terminated whenever a cadet fails to maintain a passing grade in any course of study the appointing authority determines they should undertake, or when he or she reaches the age of twenty-five. A fire cadet shall receive such compensation and such leave with pay as the appointing authority shall determine. No person shall be too old for appointment as a cadet if they were of qualifying age at the time of qualification to the cadet program. An appointment to the cadet program shall not be terminated for age unless the cadet has completed two years of service.

SECTION 2. A fire cadet shall participate in classroom training and cooperative education and training designed to educate and prepare the cadet to become a permanent firefighter. Cadets will not replace, substitute or interfere with collectively bargained duties currently being performed by Cambridge firefighters, but may assist Cambridge firefighters in the performance of any of their administrative or other duties They shall be considered an employee of the City of Cambridge for the purposes of workers’ compensation and shall not be subject to the provisions of chapter forty-one, section 111F of the General Laws. No fire cadet shall be entitled to the benefits of the City’s then existing collective bargaining agreement that covers permanent firefighters in the City

SECTION 3. Notwithstanding the provisions of chapter thirty-one of the General Laws, any person who has completed not less than two years of service as a fire cadet under this act may, subject to a program established by the City’s appointing authority and approved by the personnel administrator of the human resources division within the Commonwealth’s executive office for administration and finance (“Personnel Administrator”), be appointed by the City’s appointing authority to fill a vacancy in a position in the lowest grade in the fire force of the City of Cambridge without certification from an eligible list prepared under the provisions of chapter thirty-one of the General Laws; provided, however, that such person either is on a fire entrance eligible list prepared under said chapter thirty-one or passes a qualifying examination to be given by the Personnel Administrator.

SECTION 4. Not more than 33 1/3 percent of the total number of appointments to the regular fire force of the City of Cambridge in any calendar year shall be made pursuant to this Act. The appointing authority of the City of Cambridge shall report in writing forthwith to the Personnel Administrator in said division of personnel administration any appointment made under the provisions of this act.

SECTION 5. A fire cadet shall not be subject or entitled to the benefits of any retirement or pension law nor shall any deduction be made from her or his compensation for the purpose thereof; but a fire cadet who, prior to or during the period of her or his “on the job training," passes a competitive civil service examination for appointment to the fire force of the city of Boston, and is appointed a permanent full-time firefighter, shall have her or his fire cadet service considered as "creditable service" for purposes of retirement, provided she or he pays, in one sum, or in installments, upon such terms and conditions as the board may prescribe, into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which she or he would have paid had she or he been a member of said retirement system during the period of her or his training as a fire cadet together with buyback interest.

SECTION 6. This act shall take effect upon its passage and after affirmative majority vote of the Cambridge City Council.