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Outside Section 47


Civil Service Reform

SECTION 47.   The General Laws are hereby amended by repealing chapter 31 and inserting in place thereof the following chapter:-

Section 1. In this chapter, the following words and phrases shall have the following meanings, unless the context requires otherwise:-

"Administrator'', the personnel administrator of the department of human resources within the executive office for administration and finance.

"Appointing authority'', any person, board or commission with power to appoint or employ public safety personnel.

"Civil service law'', this chapter.

"Civil service law and rules'', this chapter and the rules promulgated pursuant to this chapter.

"Department'' or "division'', the department of human resources within the executive office for administration and finance.

"Disabled veteran'', any veteran, as defined in this section, who (1) has a continuing service-incurred disability of not less than 10 per cent based on wartime service for which he is receiving or entitled to receive compensation from the veterans administration or, provided that such disability is a permanent physical disability, for which he has been retired from any branch of the armed forces and is receiving or is entitled to receive a retirement allowance, or (2) has a continuing service-incurred disability based on wartime service for which he is receiving or is entitled to receive a statutory award from the veterans administration.

"Entrance requirements'', the prerequisites which an applicant must satisfy to be qualified for appointment to a public safety position.

"Entry level'', a public safety position having a title which is the lowest in a series of titles in a municipal or in the state classification plan, whether or not higher titles in same job series exist in the same department.

"Hiring list'', a list established by the administrator, pursuant to the civil service law and rules, of persons who have passed a competitive examination for a public service position.

"Public Safety Positions", municipal police officers and firefighters, environmental police officers, Massachusetts Bay Transportation Authority police, parole officers and correction officers.

"Requisition'', a request by an appointing authority to the administrator for a hiring list of persons who have passed a competitive examination for a public safety position.

"Rules'', the rules promulgated by the personnel administrator pursuant to this chapter.

"Title'', a descriptive name applied to a position or to a group of positions having similar duties and the same general level of responsibility.

"Veteran'', any person who:
          (1) comes within the definition of a veteran appearing in the forty-third clause of section 7 of chapter 4; or,
          (2) comes within such definition except that instead of having performed ""wartime service'' as defined therein, he has been awarded the Congressional Medal of Honor or one of the following campaign badges: Second Nicaraguan Campaign, Yangtze Service, Navy Occupation Service, Army of Occupation or Medal for Humane Action; or,
          (3) is a person eligible to receive the Congressional Medal of Honor or one of the campaign badges enumerated in clause (2) of this paragraph and who presents proof of such eligibility which is satisfactory to the administrator.
          A veteran shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States.

"Wartime service'', the same meaning as specified in the forty-third clause of section 7 of chapter 4, or active service in the armed forces of the United States in any campaign for which an award was made of any of the campaign badges enumerated in the definition of "veteran'' in this section.

Section 2. The administrator shall make and amend rules which shall regulate the development and administration of competitive examinations for public safety personnel. Such rules and regulations shall include provisions for the following:
          (a) Open competitive and other examinations to test the practical fitness of applicants.
          (b) Examination fees.
          (c) Scoring and ranking of persons for positions in accordance with the results of examinations.
          (d) Passing requirements for examinations.
          (e) Credit for education and/or experience.
          (f) Preference points to veterans.
          (g) Preference points to the sons and daughters of firefighters and police officers killed in the line of duty.
          (h) Development of recruitment programs.

Section 3. In addition to the administrator's powers and duties under this chapter, chapter 7 and chapter 30, the administrator shall have the following powers and duties:
          (a) To administer, enforce and comply with the civil service law and rules.
          (b) To evaluate the qualifications of applicants for public safety examinations.
          (c) To develop and conduct competitive examinations for purposes of establishing hiring lists for public safety personnel.
          (d) To maintain records of examinations which have been conducted and hiring lists which have been established.
          (e) To establish a recruitment program to recruit applicants for public safety examinations.
          (f) To establish a schedule of fees to be collected from applicants taking entry level and promotional competitive civil service merit examinations.

Section 4. An appointing authority desiring to make an appointment to a public safety position may submit a requisition to the administrator. Upon receipt of such requisition, the administrator shall provide the appointing authority with a hiring list of persons who have passed a competitive examination for the position.

Section 5. Examinations shall be conducted under the direction of the administrator, who shall determine their form, method and subject matter. Examinations shall fairly test the knowledge, skills and abilities which can be practically and reliably measured and which are actually required to perform the primary or dominant duties of the public safety position for which the examination is held. The administrator shall, in development of examinations, consult with professionals in the field to increase emphasis upon aptitudes relevant to performing the positions to be tested. Upon the application of a disabled person to take an examination for any position, the administrator, upon written request of such person, shall make reasonable accommodations as will enable such disabled person to take the examination.
          In any competitive examination, an applicant shall be given credit for education and/or experience in the position for which the examination is held. In any examination, the applicant shall be allowed sevendays after the date of such examination to file with the administrator an education and experience sheet and to receive credit for such education and experience as of the time designated by the administrator.

Section 6. The administrator shall prepare notices of all examinations and shall send such notices to the appointing authorities of those cities and towns where persons are domiciled that may be eligible to apply to take such examinations. The appointing authorities shall cause such notices to be posted in the city and town halls and in other conspicuous places for at least three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, as directed by the administrator. The appointing authorities of such cities and towns shall submit a report to the administrator certifying that all such notices have been posted pursuant to the requirements of this section. The administrator shall determine when such report shall be submitted and the specific information it shall contain concerning the time and place of posting of notices.
          Each notice required by this section shall state the duties and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, if any, and any other information which the administrator determines should be included because of its relevancy and usefulness.

Section 7. The administrator shall prepare a notice of each competitive examination to be held for a promotional appointment for a public safety position. Each notice required by this section shall state the duties and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, and any other information which the administrator determines should be included because of its relevancy and usefulness.

Section 8. Each application for examination pursuant to the civil service law and rules shall be made under the penalties of perjury and shall contain requests for such information, as the administrator deems necessary. Each such application for a competitive examination shall include a fee subject to the rules adopted pursuant to section two of this chapter.

Section 9. The administrator shall determine the passing requirements of examinations.

Section 10. The administrator shall establish, maintain and revise hiring lists of persons who have passed each examination for appointment to a public safety position. The names of such persons shall be arranged on such list in the order of their marks on the examination. Each hiring list shall be established or revised as soon as such marks are determined by the administrator. The administrator shall make all hiring lists available for public inspection.

Section 11. The names of persons who pass examinations for appointment to any public safety position shall be placed on hiring lists in the order of their respective standings. Upon receipt of a requisition, names shall be sent from such lists according to the methods prescribed by the rules established under section 2 of this chapter.
          Notwithstanding any other provisions of this chapter or of any other law, a son or daughter of a firefighter or a police officer who passes the required written and physical examination for entrance to the fire service or police service shall receive an additional five (5) points to his/her score on the competitive examination. To receive the additional five (5) points to his/her score the following must apply: (1) in the case of a firefighter, such firefighter while in the performance of his duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in his death; or (2) in the case of a police officer, such police officer while in the performance of his duties and as a result of an assault on his person was killed or sustained injuries which resulted in his death. In every case, however, the son or daughter must attain a passing mark on an examination before additional credits may be added to his/her score. The additional credits may not be applied to raise a failing grade to a passing one.
          Notwithstanding any other provision of this chapter or of any other law, disabled veterans shall receive an additional five (5) points to their examination scores in entry-level examinations and two (2) points in promotion examinations. Non-disabled veterans shall receive an additional two (2) points in open-competitive examinations and two (2) points in promotion examinations. In every case, however, the veteran must attain a passing mark on an examination before additional credits may be added to his/her score. The additional credits may not be applied to raise a failing grade to a passing one.

Section 12. The administrator shall establish initial medical and physical fitness standards which shall be applicable to police officers and firefighters appointed from a hiring list, pursuant to section 4 of this chapter, to positions in cities and towns or other governmental units. Such standards shall be established by regulations promulgated by the administrator after consultation with representatives of police and firefighter unions, and the Massachusetts Municipal Association.
          Notwithstanding the provisions of this paragraph, any municipality may adopt, subject to collective bargaining, stricter medical and physical fitness standards. Such initial medical and physical fitness standards shall be rationally related to the duties of such positions and shall have the purpose of minimizing health and safety risks to the public, fellow workers and the police officers and firefighters themselves.
          The administrator shall establish procedures for the administration of such medical and physical fitness examinations by cities and towns. The provisions of this section shall apply to all police officers and firefighters in cities, towns, districts, or other governmental units who have requested a requisition from the administrator.

Section 13. No person shall willfully or corruptly alter any examination paper of any applicant, or willfully or corruptly substitute any other paper for such examination paper, for the purpose of either improving or injuring the prospects or chances for appointment, employment or promotion of such applicant or of any other person. Any person who violates or conspires to violate any provision of this paragraph shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both.
          No person, by himself or in cooperation with one or more persons, shall willfully or corruptly defeat, deceive or obstruct any person with respect to his right, pursuant to the civil service law and rules, of examination, appointment, promotion; or willfully or corruptly make a false mark, grade, estimate or report on the examination or proper standing of any person examined pursuant to the civil service law and rules; or willfully or corruptly make any false representation concerning the same or concerning the person examined; or willfully or corruptly furnish to anyone special or secret information for the purpose of either improving or injuring the prospects or chances of appointment, employment or promotion of any person examined or to be examined. No person shall impersonate any other person or permit or aid in any manner any other person to impersonate him in connection with any examination or application or request to be examined in connection with any appointment or promotion.
          No person making an appointment to any public safety position shall receive or consider a recommendation of an applicant for such appointment given by any member of the general court, alderman, or councilman, except as to the character or residence of the applicant.
          Any person who willfully or negligently violates or conspires to violate any of the provisions of the civil service law and rules, or who knowingly makes an appointment or employs any person in violation of such law and rules, or who refuses or neglects to comply with any provision of such civil service law and rules, shall be punished by a fine of not more than $1,000 or imprisonment for not more than one year, or both, unless a different penalty is specifically provided in this chapter.

Section 14. The administrator may take any necessary and appropriate action to enforce the civil service law and rules.