SENATE, No. 2069

By Mr. Rosenberg, a petition (accompanied by bill, Senate, No. 2069) of Stanley C. Rosenberg and Peter V. Kocot (with the approval of the mayor and city council) for legislation relative to civil service positions in the fire department in the city of Northampton. Public Service. {Local approval received.}

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELATIVE TO CIVIL SERVICE POSITIONS IN THE FIRE DEPARTMENT IN THE CITY OF NORTHAMPTON

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.

Definitions:

A.     Appointing Authority: The Mayor of the City of Northampton shall be the Appointing Authority for all sworn fire fighter positions up to and including the Fire Chief.

B.     Fire Department Positions:

(1)   Fire Department: Pursuant to the provisions of the appended collective bargaining agreements between the City of Northampton and the International Association of Fire Fighters (I.A.F.F.) and the Northampton Deputy Fire Chiefs’ Association (N.D.F.C.A.) the following employees shall be covered by this legislation and the Code of Ordinances of the City of Northampton as the same may apply:

(a)    all Fire Fighters, Fire Fighter/EMT’s, Fire Inspectors,

(b)   All Fire Captains, and

(c)    All Deputy Fire Chiefs of the City of Northampton.

SECTION 2.   The provisions of any general laws of the Commonwealth, the provisions of Chapter 250 of the Acts and Resolves of 1883, and the provisions of any other special laws of the Commonwealth or any ordinances of the City of Northampton to the contrary notwithstanding, appointments, promotions, disciplinary actions and terminations of all sworn Fire personnel in the City of Northampton shall be conducted in conformity with such requirements as may be set forth in:

a)      a collective bargaining agreement;

b)      employment contract in effect between the City and the individual;

c)      the Personnel policies of the City of Northampton and the Northampton Fire Department.

SECTION 3.   Each incumbent employee who has the present status of permanent civil service employee in his/her present position shall retain his/her civil service status until such time as he/she no longer serves in that position.