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The 192nd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL FIREFIGHTERS IN THE CITY OF SOMERVILLE

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 mayor of the city of Somerville may appoint special firefighters as the mayor deems necessary for the purpose of performing fire details or any firefighting duties arising therefrom or during the course of fire detail work, regardless of whether or not those duties are related to detail work. Special firefighters so appointed shall not have reached the age of 69 years old. A special firefighter shall have passed a medical examination, by a treating physician or other certified medical professional, to determine that the firefighter is capable of performing the essential duties of a special firefighter, the cost of which examination shall be borne by the special firefighter prior to performing fire details or any firefighting duties. A special firefighter shall be a former city of Somerville firefighter retired for superannuation pursuant to section 5 of chapter 32 of the General Laws.

SECTION 2.  Unless otherwise provided 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 a special firefighter appointed under this act.

SECTION 3.  Special firefighters may be appointed under this act for a term of not more than 1 year and may be suspended, removed or discharged at any time by the mayor with 14 days written notice. Upon request, the mayor shall provide the reason for suspension, removal or discharge in writing. Such suspension, removal or discharge shall be the final decision of the city.

SECTION 4.  Special firefighters appointed under this act shall also be subject to the rules, regulations, policies, procedures and requirements of the Somerville fire department's chief engineer, including restrictions on the type of detail assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a special firefighter, requirements for training, requirements for cardiopulmonary resuscitation and first aid credentials and requirements regarding uniforms, equipment and conduct on fire details.

SECTION 5.  Special firefighters appointed under this act shall be sworn before the city clerk of the city who shall keep a record of all such appointments. The clerk shall provide a list of all sworn special firefighters to the city council on or before May 31 of each year.

SECTION 6.  Appointment as a special firefighter under this act shall not entitle any individual appointed as such to assignment to any detail.

SECTION 7.  Special firefighters appointed under this act shall be subject to the limitations on hours worked and on payments to retired city employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws. The fire department's chief engineer shall devise a method for the assignment of details to retired firefighters, with the approval of the relevant collective bargaining unit.

SECTION 8.  This act shall take effect upon its passage.

Approved, October 12, 2021.