AN ACT AUTHORIZING THE CITY OF NEWTON TO APPOINT RETIRED FIRE FIGHTERS FOR CERTAIN PURPOSES
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. (a) The mayor of the city of Newton may appoint, at the recommendation of the fire chief, retired Newton fire fighters to perform fire details and dispatch duties in the emergency communications center of the city. Firefighters appointed pursuant to this act shall be known as the Newton retired fire fighters detail and dispatch patrol. A fire fighter appointed pursuant to this act shall have previously served as a regular Newton fire fighter and retired based on superannuation. Notwithstanding the maximum age restrictions for fire fighters under chapter 32 of the General Laws, a fire fighter appointed pursuant to this act shall be eligible to serve until they reach the age of 70, until the date of their retirement or non-reappointment or until the date they are relieved of their duties by the city, whichever occurs first. Prior to appointment pursuant to this act, a retired Newton fire fighter shall pass a medical examination by a physician or other certified professional chosen by the city to determine whether the fire fighter is capable of performing the essential duties of an assignment pursuant to this act, the cost of which shall be borne by the fire fighter seeking appointment pursuant to this act. No further deductions shall be made from the regular compensation of a fire fighter appointed pursuant to this act under said chapter 32 for any service subsequent to their reaching the age of 70 and, upon retirement, such fire fighter shall receive a superannuation retirement allowance equal to that which they would have been entitled had they retired upon reaching the age of 65.
(b) A fire fighter appointed pursuant to this act shall not be subject to chapter 31 of the General Laws, section 99A of chapter 41 of the General Laws or chapter 150E of the General Laws. Retired fire fighters appointed pursuant to this act shall not be eligible for special leave, vacation or other benefits enumerated in article II of chapter 2 of the city of Newton Revised Ordinances.
(c) A fire fighter appointed pursuant to this act shall not perform fire suppression duties unless authorized by the fire chief of the city and shall perform only those duties authorized by the fire chief.
(d) A fire fighter appointed pursuant to this act shall be appointed for an indefinite term, subject to removal by the mayor or the fire chief at any time with 14 days’ written notice.
(e) The workweek for retired fire fighters appointed pursuant to this act shall be 7 consecutive 24-hour periods, for a total of 168 hours, which shall commence at 7:00 A.M. at the start of each Monday of the calendar week. No fire fighter appointed pursuant to this act shall perform fire details and dispatch in excess of 40 hours in any given workweek.
(f) A fire fighter appointed pursuant to this act shall be subject to rules and regulations, policies and procedures and requirements as the fire chief and the mayor of the city may impose from time to time, including, but not limited to, restrictions on the type of detail or dispatch assignments, requirements regarding medical examinations to determine continuing capability to perform the duties of a retired fire fighter appointed pursuant to this act, requirements for training, requirements for CPR certification and requirements regarding uniforms and equipment. Compliance with all requirements will be at no cost to the city.
(g) A fire fighter appointed pursuant to this act shall be sworn before the city clerk who shall keep a record of all such appointments.
(h) A fire fighter appointed pursuant to this act shall be subject to sections 100 and 111F of chapter 41 of the General Laws. The amount payable under said section 111F of said chapter 41 shall be calculated by averaging the amount earned over the prior 52 weeks as a retired fire fighter working fire details or dispatch duties or by averaging the amount over a lesser period of time for any retired fire fighter appointed pursuant to this act less than 52 weeks prior to the incapacity. Payment under said section 111F of said chapter 41 shall not exceed, in any calendar year, the limitation on earning contained in paragraph (b) of section 91 of chapter 32 of the General Laws. Payments under said section 111F of said chapter 41 shall terminate in accordance with said section 111F of said chapter 41 or when a retired fire fighter appointed pursuant to this act reaches the age of 70, whichever occurs first. A fire fighter appointed pursuant to this act shall not be subject to section 85H or 85H 1/2 of chapter 32 of the General Laws, nor be eligible for any benefits pursuant thereto.
(i) Appointment pursuant to this act shall not entitle the appointee to assignment to fire detail or dispatch duties.
(j) A fire fighter appointed pursuant to this act shall be subject to the limitations on hours worked and payments to retired town employees pursuant to paragraph (b) of section 91 of chapter 32 of the General Laws.
SECTION 2. Section 1 is hereby repealed.
SECTION 3. Section 2 shall take effect on June 1, 2030.
SECTION 4. This act shall take effect upon its passage.
Approved, June 18, 2024.