Amendment #503 to H4789

An Act to modernize civil service laws

Mr. Gordon of Bedford moves to amend the bill by adding the following sections:-

SECTION XX. Section 1 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking in line 4 the words “personnel administrator” and substituting therefor the words “agency head or chief human resources officer”; and in line 6 inserting before the final period the phrase “, or their delegated agent”. Section 1 is further amended in line 44 by striking the words “ ‘Department’ or” and capitalizing the word “ ‘division’”.

SECTION XX. Section 1 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended in line 70 by inserting after the phrase “in addition to” the further phrase “, where required by the rules of the administrator,”; Section 1 is further amended in line 94 to insert after the phrase “section six” the further phrase “, six D,”.

SECTION XX. Section 1 of chapter 31 is hereby amended by inserting at the beginning of subsection (e) of the third paragraph, in the definition of “basic merit principles”, the phrase “notwithstanding potential remedies provided by any other laws that prohibit discrimination in employment,”; and in said subsection striking the word “handicap” and inserting in place thereof the following:- “military status, disability, sexual orientation, gender identity” before the words “or religion”.

SECTION XX. Section 1 of chapter 31 is hereby amended by striking out the word “handicap” as it appears in the fourth and twenty-second paragraphs and inserting in place thereof the following:- disability

SECTION XX. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the text of subsection (d) in lines 61 to 63 and inserting after (d) in line 61 the following:- To hear and decide appeals concerning performance evaluations, or performance audits conducted by the administrator, as provided by this chapter or chapter thirty-one A.

SECTION XX.  Section 2 of chapter 31 is hereby further amended by inserting, after subsection (d), the following subsection:-

(e) To award reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such an award in full unjust;

SECTION XX. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by relabeling subsection (f) in lines 66 to 68 as a new subsection (i) with the identical text as in lines 66 to 68.

SECTION XX. Section 2 of chapter 31 is hereby amended by inserting, after subsection (g), the following:-

(h) To close all or a portion of a hearing or proceeding conducted by the commission pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a person’s health or other acutely sensitive or confidential information.

SECTION XX. Section 2 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended in line 36 by striking out the word “chairman” and inserting in place thereof the word “chair”.

SECTION XX. Section 2(b) of chapter 31 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

The appeal shall be accompanied by such form as the commission may prescribe containing a statement of the allegations which form the basis of the aggrieved person’s appeal with specific reference to the provisions of this chapter or the rules of the administrator or basic merit principles which have been violated, together with an explanation of how the person has been harmed.

SECTION XX. Section 2(b) of chapter 31 is hereby amended by striking the fourth paragraph and inserting in place thereof the following paragraph:-

Hearings on any appeal pending before the commission may be held before any member thereof, who shall report his or her findings of fact and recommendations to the commission for its action. Alternatively, the chair of the commission may appoint as hearing officer any other disinterested person who is experienced in adjudication or well-versed in the provisions of this chapter; provided that, upon the conclusion of any such hearing, and consistent with the provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice and Procedure, the assigned hearing officer shall report his or her findings of fact and recommendations to the commission for its action.

SECTION XX. Section 2(c) of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting after the words “section 8 of chapter 31A” in line 55 the following:- or in accordance with the provisions of this chapter.

SECTION XX. Section 4 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking in lines 12-13, and 27, the phrase “in one or more newspapers” and substituting therefor in both places the phrase “on the websites of the administrator and the commission”.  Section 4 shall further be amended by inserting, immediately after the phrase “send a copy” in line 23, the following:- “, or alternatively transmit the entire revised set of rules via electronic media,”.

SECTION XX. Section 5 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the first appearance of the word “and” in line 57 and substituting therefor the word “of”. Section 5 of chapter 31 is hereby further amended by striking out the word “handicapped” as it appears in the seventh and eighth paragraphs and inserting in place thereof the following:- persons with disabilities

SECTION XX. Section 6 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting in line 10 the phrase “six D,” between the words “sections” and “twenty-six”.

SECTION XX. Section 6A of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking in line 15 the word “department” and substituting the word “division”.

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section 6C, a new section 6D, as follows:- Notwithstanding the provisions of any general or special law to the contrary, the administrator may approve the original appointments of a municipal appointing authority sanctioned by sections fifty-nine A, fifty-nine B, or fifty-nine C; provided that the administrator’s role in facilitating such alternative original appointments shall not serve as the predicate for any claim asserted against the administrator under chapter one-hundred-fifty-one B of the General Laws.

SECTION XX. Section 20 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking all text after the first paragraph and further striking the phrase “not exceeding ten dollars,” in lines 5 and 6.

SECTION XX. Section 21 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the last sentence (lines 35 to 38) and substituting therefor the following:- “The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation.” Section 21 is further amended by inserting the following final paragraph:- “The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section fifty-nine A of this chapter, at the end of the hiring cycle defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section twenty-six of this chapter, provided that such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, shall be deemed by the local appointing authority to be an appointment pursuant to sections fifty-nine A and fifty-nine D of this chapter if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.”

SECTION XX. Section 24 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting in line 4 after the word “questions” the phrase “or training and experience sheet” and striking the phrase “, within thirty days,” in line 14 and substituting therefor the phrase “shall forthwith”.

SECTION XX. Section 25 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the word “shall” in line 51 and substituting therefor the phrase “may, in the administrator’s discretion,”; and inserting before the final period in line 51 the following proviso:- “; provided, however, that the name of a person whose name has been certified to an appointing authority for an entry-level position and is under consideration for appointment shall remain in effect until the hiring process is completed by the appointing authority and any notice of appointment submitted to the administrator.”

SECTION XX. Section 25 of chapter 31 is hereby amended by striking the words “last examination taken” in the second paragraph and inserting in place thereof the following:- highest examination score achieved.

SECTION XX. Section 27 of chapter 31 is hereby amended by inserting a new first sentence in the first paragraph:- “If the administrator or an appointing authority delegated by the administrator, applying the formula for original appointments set out in the rules of the administrator, certifies from an eligible list the names of persons who are qualified, and willing to accept, an original appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons; provided, however, for each such person, if any, who is bypassed, rejected as not being in compliance with applicable entrance requirements, or withdraws from the application process, the appointing authority may appoint from among a group that includes the next highest-ranked person on the certification; and provided further, that the administrator or an appointing authority delegated by the administrator, shall not include the name of any person who has been so bypassed or rejected on any future certification from the same original appointment eligible list unless directed to do so by the commission.”

SECTION XX. Section 27 of chapter 31 is hereby amended by striking out the second paragraph and inserting in place thereof the following:- If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name ranks highest on the certification is willing to accept such appointment, the appointing authority shall immediately provide to the person who ranked highest a written statement of the reasons for appointing the person whose name was not highest and such appointment shall be effective only when such statement of reasons has been provided. This written statement shall notify the bypassed individual of his or her right to appeal to the Commission, should the reasons proffered not be deemed by the individual sound and sufficient, within sixty (60) days of issuance of the statement of reasons. In response to a public records request, the appointing authority shall make a copy of such statement available for inspection.

SECTION XX. Section 27 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting in line 3 the words “a promotional” between the words “accept” and “appointment”. Section 27 is further amended in line 5 by striking the word “If” and substituting: “In the case of either an original or promotional vacancy, if” as the initial phrase in the second sentence of that first paragraph.

SECTION XX. Section 33 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the word “department” in lines 5-6 and substituting therefor the word “departmental”.

SECTION XX. Section 41A of chapter 31 is hereby amended by striking out the word “chairman” in the first sentence and inserting in place thereof the word “chair.”

SECTION XX. Section 42 of chapter 31 is hereby amended by striking out the penultimate sentence of the first paragraph and inserting in place thereof the following:- If the commission finds that the appointing authority has failed to follow said requirements and that the rights of said person have been prejudiced thereby, the commission may order the appointing authority to restore said person to his employment immediately with or without loss of compensation or other rights.

SECTION XX. Section 43 of chapter 31 is hereby amended by striking out the first two sentences in the first paragraph and inserting in place thereof the following:- If a person aggrieved by a decision of an appointing authority made pursuant to section forty-one shall, within ten days after receiving written notice of such decision, appeal in writing to the commission, he shall be given a preliminary hearing before a member of the commission or some other disinterested person designated by the chair of the commission. Said preliminary hearing shall occur within sixty (60) days after docketing the appeal and, if required, a full evidentiary hearing shall commence within one hundred eighty (180 days) after docketing the appeal, unless the parties otherwise agree or unless a commission member determines, as a matter of discretion, that a continuance is necessary.

SECTION XX. Section 43 of chapter 31 is hereby amended by striking out the first sentence of the second paragraph and inserting in place thereof the following:- If the commission by a preponderance of the evidence determines that there was just cause for an action taken against such person it shall affirm the action of the appointing authority and deny the appeal; otherwise, it shall reverse said action and allow the appeal, in whole or in part, and the person concerned may be returned to his position with or without loss of compensation or other benefits and subject to such other orders as the commission may deem appropriate to restore and protect the rights provided to such person under this chapter; provided, further, if the preponderance of the evidence establishes that said action was based upon harmful error in the application of the appointing authority’s procedure, an error of law, or upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in his position, the commission shall allow the appeal, in whole or in part, and the person concerned may be returned to his position with or without loss of compensation or other benefits.

SECTION XX. Section 45 of chapter 31 is hereby amended by striking the first paragraph and inserting in place thereof the following:- Each aggrieved individual who has prevailed in any appeal brought under this chapter shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state official, by the comptroller of the Commonwealth, the following expenditures: (1) the filing fee paid to the Commission; (2) an amount not to exceed $1,500 for attorney’s fees

actually incurred in conjunction with each of the following: (a) an appointing authority hearing; (b) a hearing before the Commission; and (c) an action for judicial review pursuant to section 44; and (3) an amount not to exceed $500 for summons to witnesses and any other expenses actually incurred in such successful appeal. In addition to the amounts stated above, the Commission may award such additional

reasonable attorneys’ fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such additional award unjust.

SECTION XX. Section 47A of chapter 31 is hereby amended by striking out the word “handicapped” in the fourth paragraph and inserting in place thereof the following:- disabled

SECTION XX. Section 48 of chapter 31 is hereby amended by striking out the word “selectmen” in the fifth paragraph and inserting in place thereof the following:- select boards; and in said section by striking out the word “men” in the twentieth paragraph and inserting in place thereof the following:- persons

SECTION XX. Section 53 of chapter 31 is hereby amended by striking out the phrase “board of selectmen” in the second sentence of subsection (b) and inserting in place thereof the following:- select board

SECTION XX. Section 58 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby, but with an effective date one year after enactment, amended by striking the third paragraph of this section and substituting therefor the following four new paragraphs:-

No applicant for examination for original appointment to the police force or fire force of a city or town shall be required by rule or otherwise to be a resident of such city or town at the time of filing application for such examination. If any person who has resided in a city or town for one year immediately prior to the date of examination for original appointment to the police force or fire force of said city or town has the same standing on the eligible list established as the result of such examination as another person who has not so resided in said city or town, the administrator, when certifying names to the appointing authority for the police force or the fire force of said city or town, shall place the name of the person who has so resided ahead of the name of the person who has not so resided; provided, that upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from said eligible list for original appointment to the police force or fire force of a city or town, place the names of all persons who have resided in said city or town for one year immediately prior to the date of examination ahead of the name of any person who has not so resided; provided further that, any applicant who earned a high school diploma from a public school located within the geographical confines of said city or town or so resided in said city or town when they received their public high school diploma shall have the same claim to preferential placement on the certification as those persons who have resided in said city or town for one year immediately prior to the date of examination. In the case of a municipality with a population of less than seventy-five thousand inhabitants seeking to draw from a regional pool of candidates, the administrator may, upon written request of the hiring authority, when certifying names from said eligible list for original appointment, place the names of all persons who have resided in another municipality within ten miles of the perimeter of the requisitioning municipality ahead of the name of any person who has not so resided in or adjacent to the requisitioning municipality. In the case of a municipality with a population of greater than seventy-five thousand inhabitants, a public safety department appointing authority from that city and its counterpart from any other municipality may jointly petition the administrator to include on the portion of the eligible list of individuals seeking original appointment that are preferred on the basis of residency the names of candidates residing in those specifically-identified municipalities if the city appointing authority is so authorized to petition for expansion of the residency preference by a vote of the legislative body of the hiring municipality. Whenever the residency preference to be applied to eligible lists extends beyond the perimeter of the requisitioning municipality, the administrator shall specify the contours of the preference-eligible geographical zone on the administrator’s website. Thereafter, upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from an eligible list for original appointment to the police or fire force of said municipality, place the names of all persons who satisfy the published criteria for residency preference ahead of the name of any person who does not satisfy said criteria. Notwithstanding the provisions of any general or special law to the contrary, any person who receives an appointment to the police force or fire force of a city or town shall within nine months after his appointment establish his residence within such city or town or at any other place in the commonwealth that is within ten miles of the perimeter of such city or town; provided, however, that a city or town may increase the ten-mile residency limit under a collective bargaining agreement negotiated under chapter one hundred fifty E.

SECTION XX. Section 59 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting in line 6 the phrase “fifty-nine A or” before the word “sixty”. Section 59 of chapter 31 is further amended by replacing the word “four” in line 12 and 14 with the word “two” and by striking the word “certification” in line 18 and inserting the phrase “appointment and performed the job duties”.

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section fifty-nine, a new section 59A, as follows:-

(a) Notwithstanding the provisions of any general or special law to the contrary, the

administrator may authorize an appointing authority to create its own registers of entry-level municipal police and firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles, as defined in section one of this chapter; to commit to recruiting and considering candidates of diverse backgrounds; and upon submission of an anti-nepotism, anti-patronage, and anti-favoritism policy acceptable to the administrator. 

(b) An appointing authority that has entered into a written agreement with the administrator referenced in Section fifty-nine A (a) may designate candidates to appear on a local public safety register from which candidates may be considered for original appointment to permanent police officer or firefighter. None of the provisions of sections twenty-six or twenty-seven of this chapter shall apply to those candidates designated by the appointing authority to be considered from the local public safety register.

(c) A candidate may be appointed as a permanent police officer from a local public safety register without having first passed the entry examination required by section six if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section fifty-eight and the health and physical fitness standards set forth in section sixty-one A of this chapter, and also satisfy one of the following conditions: (1) future successful completion of a prescribed course of study at a police academy approved by the municipal police training committee pursuant to section ninety-six B of chapter forty-one; or (2) receipt of a passing mark, within the past five years, on: (i) a civil service examination for police officer administered by the administrator; or (ii) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills, and abilities to perform the primary or dominant duties of the position; or (iii) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the policing profession; or (3) current service in Massachusetts as a salaried police officer certified by the peace officer standards and training commission; or (4) graduation within the past five years from a police academy approved by the Massachusetts police training committee; or (5) receipt of a waiver from the Massachusetts police training committee excusing the named candidate from further academy training. (d) No individual appointed as a police officer may perform the duties of a sworn police officer prior to completion of the prescribed course of study approved by the Massachusetts police training committee pursuant to section ninety-six B of chapter forty-one or receipt of a waiver of such training requirement from said committee. (e) A candidate may be appointed from a local public safety register as a permanent firefighter without having first passed the entry examination required by section six if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section fifty-eight and the health and physical fitness standards set forth in section sixty-one A of this chapter, and also satisfy one of the following conditions: (1) prior or proximately anticipated graduation from a fire academy, or anticipated completion within the next twelve months of another prescribed course of study culminating in certification, approved by the Massachusetts fire training council pursuant to section one hundred sixty-five of chapter six. (2) receipt of a passing mark, within the past five years, on: (i) a civil service examination for firefighter administered by the administrator; or (ii) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills, and abilities to perform the primary or dominant duties of the position; or (iii) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the firefighting profession; or (3) current service, for a minimum of six months, in Massachusetts as a salaried firefighter; or (4) past service as a salaried firefighter in another jurisdiction together with certification acceptable to the Massachusetts fire training council. (f) In each and every case, whether involving either police or fire position candidacies under this section, no appointment shall be deemed effectual for civil service purposes until notification of same to the administrator in a manner prescribed by the administrator. Nothing in this section regarding the appointment of candidates from a local public safety register shall b construed to apply to any municipal public safety personnel ranked above the entry-level position of police officer or firefighter. (g) Upon investigation and substantiation by the commission of allegations that an appointing authority has violated material terms of the written agreement entered into with the administrator, the commission, in consultation with the administrator, may order modifications, suspension, or termination of the agreement.

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section fifty-nine, a new section 59B, as follows:- Notwithstanding the provisions of any general or special law to the contrary, the administrator may authorize an appointing authority to establish an entry-level police cadet program leading to civil service tenure. The cadet program shall be established by the appointing authority, consonant with basic merit principles and the provisions of section twenty-one-A of chapter one hundred forty-seven, except that a person appointed as a police cadet need not reside in the municipality making the appointment and may be of any age once the person’s eighteenth birthday has transpired. Cadet program requirements shall be approved by both the administrator and an authorized designee of the municipal police training committee established by section one-hundred-sixteen of chapter six of the General Laws. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his compensation for the purpose thereof; but a cadet who satisfies all prerequisites for appointment to the police force of such city or town, and is appointed a permanent full-time police officer, shall have his police cadet service considered as ''creditable service'' for purposes of retirement, provided he pays into the annuity savings fund o the retirement system such amount as the retirement board determines equal to that which he would have paid had he been a member of said retirement system during the period of his training as a police cadet. A cadet may be appointed to fill a vacancy in a position in the lowest grade of a municipal police force through a cadet appointment without certification from an eligible list. In order to maintain cadet-appointment status, the cadet must pass a qualifying exam and be a member in good standing in the appointing authority-sponsored cadet program for a time period specified by the administrator but not less than twelve months. Upon successful completion of the cadet program and contingent upon graduation from a police academy approved by the municipal police training committee, the appointing authority may effectuate a civil service appointment of said cadet to the permanent police force via notification to the administrator. Such appointee shall then serve the probationary period specified in section sixty-one of this chapter before gaining tenure status. The appointing authority shall report in writing to the administrator any such permanent original appointment.

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section fifty-nine, a new section 59C, as follows: Notwithstanding the provisions of any general or special law to the contrary, any person who has completed not less than twenty-four months of service as a fire cadet may, subject to a program established by the head of the fire department, as defined in section one of chapter one hundred forty-eight, on behalf of a municipality accepting of the provisions of this chapter, which program has been approved by both the administrator and the Massachusetts fire training council, be appointed to fill a vacancy in a position in the lowest grade in the civil service fire force of said city or town without certification from an eligible list prepared under this chapter; provided, however, that such person is either on a fire entrance eligible list prepared under this chapter or passes another qualifying examination approved by the administrator. Any change in working conditions for incumbent firefighters directly precipitated by the employment of fire cadets shall trigger the bargaining obligations set forth in section six of chapter one-hundred-fifty-E of the General Laws. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from his compensation for the purpose thereof; but a cadet who satisfies all prerequisites for appointment to the firefighting force of such city or town, and is appointed a permanent full-time firefighter, shall have his fire cadet service considered as ''creditable service'' for purposes of retirement, provided he pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which he would have paid had he been a member of said retirement system during the period of his training as a fire cadet.

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section 59, a new section 59D, as follows:- “The percentage of candidates appointed to a permanent position from a local public safety service register or a cadet program, pursuant to sections fifty-nine A through fifty-nine C of this chapter, inclusive, shall not exceed, in the aggregate, more than fifty percent of the appointing authority’s overall appointments to the entry-level police and firefighter ranks during the time period established by the written agreement consummated between the administrator and the appointing authority that authorizes the alternative appointment methodologies permitted by this chapter.”

SECTION XX. Chapter 31 of the General Laws is further amended by inserting, after section 59, a new section 59E, as follows:- “Sections six D, fifty-nine A, fifty-nine C, and fifty-nine D of chapter thirty-one of the General Laws shall be in effect until January 1, 2035, and shall expire on that date.”

SECTION XX. Section 60A of chapter 31 is hereby amended by striking out the word

“selectmen” in subsection (a) and inserting in place thereof the following:- select board

SECTION XX. Section 61 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting a new final sentence stating:- “Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section thirty-four of this chapter shall apply to persons covered by this section.”

SECTION XX. Section 63 of chapter 31 is hereby amended by striking out the word “handicapping” in the final paragraph and in place thereof the following:- disabling

SECTION XX. Section 65 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by replacing the word “four” in lines 8 and 10 with the word “two”. Section 65 is further amended by inserting a new seventh and final paragraph stating:- “Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section thirty-four of this chapter shall apply to persons covered by this section.”

SECTION XX. Section 67 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by striking the word “and” between the word “employee” and the phrase “the seniority” in line 6 and substituting a comma therefor; then inserting at the end of that sentence the phrase “and available demographic data, in aggregate form, regarding the complement of civil service employees in each department.” Section 67 is further amended by inserting the phrase “commission or” before the phrase “attorney general” in line 21. Section 67 is further amended by striking the word “one” in line 23 and substituting therefor the word “five”.

SECTION XX. Section 72 of chapter 31 is hereby amended by inserting, in the third sentence of the second paragraph, after the words “recommend to”, the following words “or order”, and is hereby further amended by inserting the words “or orders” at the end of said sentence.

SECTION XX. Section 72 of chapter 31 is hereby amended by inserting in the first sentence of the third paragraph, after the words “summon witnesses,” the words "demand to inspect documents,” before the phrase “administer oaths”.

SECTION XX. Section 73 of chapter 31 is hereby amended by inserting in the first sentence of the first paragraph, the words “the commission or” before the word “administrator” where it first appears.

SECTION XX. Section 74 of chapter 31 is hereby amended by striking out the word “alderman” in the third paragraph and inserting the phrase “board of alders”; and in said section by striking out the word “councilman” in the second paragraph and inserting the phrase “city council”; and in said section by striking out the word “aldermen” in the fourth paragraph and inserting the phrase “board of alders”; and further by striking out the word “selectmen” in the fourth paragraph and inserting the phrase “select board.”

SECTION XX. Section 75 of chapter 31 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting at the end of the first sentence, in line 10, the phrase “, or to furnish information to, or cooperate with, law enforcement authorities.” Section 75 of chapter 31 is additionally amended by striking out the word “aldermen” and inserting the word “alders”; and further by striking out the word “selectmen” and inserting the words “select board.”

SECTION XX. Section 77 of chapter 31 is hereby amended by inserting the words “commission or” before the word “administrator”.

SECTION XX. Chapter 3 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting the following new section after Section 77:- “Section 78. Commission on Recruitment, Hiring and Retention of Municipal Police Officers and Firefighters in Massachusetts.

(a) There shall be a permanent commission on recruitment, hiring and retention of municipal police officers and firefighters in Massachusetts to be chaired by one designee appointed by the Speaker of the house, one designee appointed by the President of the senate, and one designee appointed by the Governor, and consisting of the following members or their designees: the house and senate chairs of the joint committee on public service and the house and senate chairs of the joint committee on public safety and homeland security, who may also serve, if not as chairs, then as vice chairs of, the commission; the Secretary of Administration and Finance; the Chief Human Resources Officer for the Commonwealth of Massachusetts; the Chair of the Civil Service Commission; the Attorney General; the Secretary of Public Safety and Security; the Chair of the Massachusetts Peace Officer Standards and Training Commission; the Executive Director of the Municipal Police Training Committee; the President of the Massachusetts Chiefs of Police Association; the President of the Massachusetts Major City Chiefs of Police; the Chair of the Massachusetts Law Enforcement Policy Group; a representative of police officers selected by the Co-Chairs from candidates recommended from a major federation of police officer unions in Massachusetts; a member of a correctional officers’ union; the President of the Massachusetts Association of Minority Law Enforcement Officers; the President of the Massachusetts Association of Women in Law Enforcement; the Chair of the Massachusetts Fire Training Council; the State Fire Marshal; the President of the Fire Chiefs Association of Massachusetts; the President of the Professional Firefighters Association of Massachusetts; the Secretary of Veterans Affairs; the President of the Massachusetts Veteran Service Agents; the Commander of the Disabled Veterans of Massachusetts; the Executive Director of the Massachusetts Municipal Association; the President of the Massachusetts Mayors’ Association; the Chair of the Massachusetts Municipal Human Resources Association; the Executive Director of the Massachusetts Chapter of the ACLU; the President of the Boston Chapter of the NAACP’s New England Conference; and the Chair of the Massachusetts Commission Against Discrimination.

(b) The co-chairs may appoint a steering committee and subcommittees to carry out the mandate of the commission. Members of the commission shall be subject to the provisions of chapter two hundred sixty-eight A as they apply to special state employees and shall receive no compensation for their services.

(c) The commission shall be a resource to the Commonwealth and municipalities on issues related to the recruitment, hiring and retention of highly qualified candidates of diverse backgrounds for municipal police officer and firefighter positions across Massachusetts. In support of this objective, the Commission may: (1) obtain, interpret, and apply current research and evaluation data, including information reported pursuant to section sixty-seven of chapter thirty-one of the General Laws, to program initiatives and policy development and identify and advocate for solutions to address gaps in strategies for employment of highly qualified and diverse municipal public safety personnel; and (2) recommend measures to increase, where appropriate, representation within municipal public safety departments of historically under-represented populations, including females and persons of color, and monitor the compliance by municipal public safety departments with any commitments they may have entered into to diversify their workforces.

(d) The commission shall be empowered to examine and evaluate the implementation of all reforms related to the recruitment, hiring and retention of municipal police officers and firefighters in Massachusetts made by the Special Legislative Commission to Study and Examine the Civil Service Law, Personnel Administration Rules, Hiring Procedures and By-Laws for Municipalities not Subject to the Civil Service Law and State Police Hiring Practices by: (1) studying, reviewing and reporting on: (i) the hiring outcomes of any civil service appointments facilitated by sections fifty-nine A through fifty-nine C of chapter thirty-one; (ii) the hiring outcomes of reforms made to civil service residency preference provisions of section fifty-eight of chapter thirty-one; (iii) the hiring outcomes of any other civil service reforms implemented including, but not limited to, the increased frequency of civil service examinations and the lowering of examination fees; and (2) making recommendations: (i) to ensure that adopted reforms are being implemented consistent with the intent of the Special Legislative Commission; and (ii) for further legislation in furtherance of the commission’s mandate.

(e) The commission shall also be empowered to examine and evaluate all aspects of the recruitment, hiring and retention of municipal police officers and firefighters in all municipalities in Massachusetts and make pertinent recommendations to agencies and officers of the commonwealth and local subdivisions of government not governed by chapter thirty-one that advance basic merit principles in the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse backgrounds across Massachusetts.

(f) The commission may obtain from all state agencies and municipalities such information and assistance as the commission may require.

(g) The commission shall submit a report on its activities and findings, including any recommendations, to the governor, the clerks of the house of representatives and the senate, and the house and senate chairs of the joint committee on public service and joint committee on public safety and homeland security, and shall file at least one report annually.”

SECTION XX. Section 4I of chapter 7 is hereby amended by striking out the word “chairman” as it appears and inserting the word “chair”; and in said section by striking out the word “selectman” and inserting the word “selectperson”; and further by replacing the words “his” and “him” with the phrases “his or her” and “him or her,” respectively.

SECTION XX. Chapter 7 as it appears in the 2020 Official Edition of the General Laws is hereby amended by inserting the following new section 4T after section 4S:- “A position will be established at the Manager level under the supervision of the Director of Diversity and Equal Opportunity with the responsibility to promote diversity and equal opportunity in civil service employment throughout the Commonwealth. The Manager of Civil Service Diversity, Equity and Inclusion will be responsible for: (i) overseeing initiatives and addressing issues involving Diversity, Equity and Inclusion in public safety employment, with a particular focus on civil service municipalities and municipalities that have left the civil service system; and (ii) providing support to the Commission on Recruitment, Hiring and Retention of Municipal Police Officers and Firefighters in Massachusetts established by section seventy-eight of this chapter.”

Additional co-sponsor(s) added to Amendment #503 to H4789

An Act to modernize civil service laws