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  • Acts
  • 2000
  • Chapter 31 AN ACT RELATIVE TO THE REQUIREMENTS FOR IN-SERVICE PHYSICAL FITNESS STANDARDS.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is relative to the requirements for in-service physical fitness standards, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. Section 61A of chapter 31 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out, in lines 20 and 21, the words "within thirty days of the appointment".

SECTION 2. Said section 61A of said chapter 31, as so appearing, is hereby further amended by striking out, in line 23, the words "sixty days" and inserting in place thereof the following words:- 16 weeks.

SECTION 3. Said section 61A of said chapter 31, as so appearing, is hereby further amended by striking out, in line 45, the word "two" and inserting in place thereof the following word:- four.

SECTION 4. Said section 61A of said chapter 31, as so appearing, is hereby further amended by striking out, in line 51, the words "sixty days" and inserting in place thereof the following words:- 16 weeks,- and by striking out, in lines 53 and 54, the words "ninety days" and inserting in place thereof the following words:- 16 weeks.

SECTION 5. Said section 61A of said chapter 31, as so appearing, is hereby further amended by striking out, in lines 55 and 56, the words "appointment shall be terminated or not renewed as the case may be" and inserting in place thereof the following:- appointing authority shall be notified and his employment status shall be terminated, subject only to the procedural requirements of the applicable collective bargaining agreement or section 41. The sole substantive issue for determination by an arbitrator, administrative law judge, civil service commissioner or personnel administrator pursuant to this paragraph, shall be whether conditions beyond the control of the employee mitigate sufficiently against termination and warrant a subsequent reexamination at a time determined by the arbitrator, administrative law judge, civil service commissioner, or personnel administrator within one year of the decision. Reexamination shall be the sole and exclusive remedy available to the arbitrator, administrative law judge, civil service commissioner, or personnel administrator.

SECTION 6. The fifth paragraph of said section 61A of said chapter 31, as so appearing, is hereby amended by striking out the sixth and seventh sentences.

Approved February 18, 2000.