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

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


The Commonwealth of Massachusetts



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.






Alice Hanlon Peisch

14th Norfolk

Michael R. Knapik

Second Hampden and Hampshire

Thomas J. Calter

12th Plymouth

Michael 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

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

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

Paul Brodeur

32nd Middlesex

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

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.

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