HOUSE  .  .  .  .  .  .  .  .  No. 4666

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, May 28, 2024.

The committee on Public Service, to whom was referred the petition (accompanied by bill, House, No. 4535) of Tackey Chan, Bruce J. Ayers and John F. Keenan (with the approval of the mayor and the city council) that the city of Quincy be authorized to appoint retired firefighters as special firefighters in said city, reports recommending that the accompanying bill (House, No. 4666) ought to pass [Local Approval Received].

For the committee,

KENNETH I. GORDON.

        FILED ON: 5/22/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4666

The Commonwealth of Massachusetts

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

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An Act authorizing the appointment of retired firefighters as special firefighters in the city of Quincy.

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. Notwithstanding any general or special law to the contrary, the fire chief of the city of Quincy may appoint, with the approval of the mayor, as the fire chief considers necessary, retired Quincy firefighters as special firefighters to perform fire details or emergency duties arising from fire details or during fire detail work. The fire chief may appoint only retired Quincy firefighters, who served as regular Quincy firefighters and retired based on superannuation, as special firefighters, and shall establish department rules, procedures and policies concerning these appointments. Special firefighters shall not be subject to the same maximum age restrictions as applied to regular Quincy firefighters under chapter 32 of the General Laws. Prior to appointment under this act, a retired Quincy firefighter shall pass a medical examination by a physician or other certified professional chosen or agreed to by the fire department of the city of Quincy to determine whether the retired Quincy firefighter is capable of performing the essential duties of a special firefighter under this act. The cost of the medical examination shall be borne by the retired Quincy firefighter. No further deductions shall be made from the regular compensation a retired Quincy fire fighter appointed under this Act under Chapter 32 of the General Laws for any service subsequent to reaching the age of 65, and upon retirement, he shall receive a superannuation retirement allowance equal to that which he would have been entitled had he retired upon reaching the age of 65.

SECTION 2. Unless otherwise set forth in this act, chapter 31 of the General Laws, chapter 32 of the General Laws, section 99A of chapter 41 of the General Laws, sections 100 and 111F of chapter 41 of the General Laws and chapter 152 of the General Laws and rules promulgated under such laws shall not apply to special firefighters appointed under this act.

SECTION 3. The fire chief, with the approval of the mayor, may remove or decline to reappoint a special firefighter appointed under this act for any reason, with or without cause. A special firefighter shall be appointed for a 1-year term and all benefits afforded to special firefighters appointed under this act shall terminate upon the conclusion of the employment term. A special firefighter's appointment shall automatically terminate upon the special firefighter reaching their seventieth birthday.

SECTION 4. Special firefighters appointed under this act shall be subject to the rules, regulations, policies, procedures and requirements as the fire chief may impose from time to time including, but not limited to, restrictions on the type and number of detail assignments, requirements regarding medical examinations to determine continued fitness and capability to perform the duties of a special firefighter, requirements for training, cardiopulmonary resuscitation and first aid credentials, requirements for maintaining of a medical or liability insurance policy and requirements regarding uniforms, equipment and conduct while working fire details.

SECTION 5. Special firefighters appointed under this act shall be sworn in by the city clerk for the city of Quincy.

SECTION 6. Appointment as a special firefighter shall not entitle the appointee to assignment to any detail.

SECTION 7. Special firefighters appointed under this act shall be subject to the limitations on hours worked and on earnings restrictions as provided in paragraph (b) of section 91 of chapter 32 of the General Laws. The fire chief shall assign details to such special firefighters in accordance with the procedures established through negotiation with the relevant collective bargaining unit.