Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 41 of the General Laws is hereby amended by inserting after section 108N, as appearing in the 1994 Official Edition, the following section:-
Section 108 O. Any city or town acting through its appointing authority, may establish an employment contract for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of his duties or office, liability insurance, conditions of discipline, termination, dismissal, and reappointment, performance standards and leave for its police chief, or a person performing such duties having a different title. In communities where said police chief is subject to the provisions of chapter thirty-one, the provisions of chapter thirty-one shall prevail when the provisions of this section conflict with the provisions of said chapter thirty-one.
Said contract shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule or regulation. In addition to the benefits provided municipal employees under chapters thirty-two and thirty-two B, said contract may provide for supplemental retirement and insurance benefits.
Nothing contained in this section shall affect the appointment powers of any city or town over its police chief, or such person performing such duties with a different title. In the absence of any conflicting provisions in an employment contract, nothing contained in this section shall affect the removal powers of any city or town over its police chief or such person performing such duties with a different title.
Nothing contained in this section shall grant tenure to such officer, nor shall it abridge the provisions of section sixty-seven of chapter forty-four. If there is no employment contract in force, and if the police chief has an appointment for a term, the appointing authority shall give such chief at least one year's written notice if it decides not to reappoint said chief.
SECTION 2. Any provisions of said contract shall prevail over the conflicting provisions of a city or town charter.
SECTION 3. Section two shall take effect in a city upon its acceptance in the following manner: in a city having a council-manager charter, by majority vote of its city council and upon the approval of the city manager; and in any other city, by majority vote of the city council and upon the approval of the mayor.
This section shall take effect in a town upon its acceptance in the following manner: upon the approval of the board of selectmen and upon approval by the majority of the voters voting in the affirmative for the following question presented to the voters of the town at an election of said town: "Shall the town accept subsection 2 of section 108(O) of chapter 41 of the Massachusetts General Laws, which provides that any provision of a police chief's employment contract shall prevail over any conflicting provision of the town charter ".