Session Laws

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 position of chief of police in the city of Newton shall be exempt from the provisions of chapter thirty-one of the General Laws. The person holding such position shall be deemed to be a managerial employee for purposes of chapter one hundred and fifty E of the General Laws.

SECTION 2. The provisions of chapter four hundred and sixty-eight of the acts of nineteen hundred and eleven shall be inapplicable to the city of Newton.

SECTION 3. The mayor of the city of Newton is hereby authorized to appoint the chief of police. The mayor is further authorized to enter into an employment contract with the chief of police for a term of not less than five or more than seven years, and provided that no such contract shall be entered into for a term of years which would result in its final year coinciding with any year in which a regularly scheduled mayoral election is to be held. The contract shall include a provision for a yearly job performance evaluation. The same person may be appointed to an unlimited number of terms as chief of police.

SECTION 4. Solely for the first appointment made pursuant to this act, the candidates for the position of chief of police shall be limited to those persons holding the position of captain in the police department of the city of Newton as of the effective date of this act. For the first appointment made pursuant to this act, no search process, as described in sections five to seven, inclusive, shall be required. The person who is appointed from his position as captain to the position of chief of police under this section, shall be entitled to retain certain civil service rights as follows: In the event that such person is not reappointed to or resigns from the position of chief of police, he shall be entitled to an appointment as a captain in said police department; provided, however, that any conduct of such person that occurred while serving as chief of police that led to his non-reappointment or resignation shall become part of his record as captain and shall render him subject to any civil service disciplinary proceedings upon his reappointment as captain. Upon such reappointment, he shall re-obtain whatever civil service rights and status he had as of the date he was appointed to the position of chief of police.

In addition, the number of years served as chief of police shall be credited to him for purposes of his civil service rights and benefits.

SECTION 5. For all subsequent appointments, a selection committee of nine persons shall be established to assist in the selection process. The committee will be made up as follows:

(1) One member of the board of aldermen, appointed by the president and subject to the approval of said board of aldermen.

(2) One Newton citizen appointed by the board of aldermen under the same process as clause (1).

(3) One representative of the Newton Police Association, appointed by said association.

(4) One business executive of the city of Newton.

(5) One attorney.

(6) One member of the judiciary, active or retired.

(7) One member of the Massachusetts Police Chief's Association, except a former police chief, from the city of Newton.

(8) Two citizens of the city of Newton.

Committee members appointed in clauses (4) to (8), inclusive, shall be appointed by the mayor and approved by the board of aldermen in accordance with the procedures set forth in section 3-3 of the charter of the city of Newton. Every effort shall be made to include not less than four women on the selection committee.

SECTION 6. A professional consultant may be hired by the selection committee to assist with the applicant screening process which may include a program of job simulation exercises, interviews and testing.

SECTION 7. The selection committee shall recommend five to seven candidates for the position of chief of police. The mayor may appoint a chief from such candidates. If none of the recommended candidates is appointed, a new search shall be initiated.

SECTION 8. On or before ninety days prior to the expiration of the contract of employment of the chief of police, the mayor shall notify the board of aldermen in writing of his determination as to whether he will or will not reappoint the incumbent chief. Depending upon the mayor's determination of this matter, the following shall apply:

(a) In the event that the mayor determines that the existing chief be reappointed for a new term pursuant to a new contract of employment, said reappointment shall be made in accordance with the procedure set forth in section 3-3 of the charter of the city of Newton.

(b) In the event that the mayor determines that the incumbent chief not be reappointed to a new term of employment, notwithstanding section 3-3 of the charter of the city of Newton, the board of aldermen may override the mayor's decision and effectuate said reappointment by a two-thirds vote of the full board; provided, however, that the board acts within ninety days of receipt of the mayor's notice in writing to the board of aldermen of his determination not to reappoint. The validity of any such appointment effectuated by the board of aldermen's vote pursuant to this paragraph shall be subject to the successful negotiation and execution of an employment contract between the mayor and the proposed appointee.

SECTION 9. The mayor of the city of Newton may convene a special review committee to review the selection process outlined above, including issues of screening, reappointment, as detailed in sections five to eight, inclusive. The review committee shall report to the mayor and the board of aldermen by July first, nineteen hundred and ninety-six. The review committee shall be made up as follows:

(1) Two members appointed by the mayor.

(2) Two aldermen appointed by the board of aldermen.

(3) One member of the Newton Police Association appointed by said association.

(4) Four members of the public, two of whom shall be appointed by the mayor and two of whom shall be appointed by the board of aldermen.

SECTION 10. This act shall take effect upon its passage.