Whereas
, The deferred operation of this act would
tend to defeat its purpose, which is
relative to the requirements for in-service physical fitness standards,
therefore it is hereby declared to be an emergency law,
necessary for the immediate preservation of the
public convenience.
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.
Section 61A of chapter 31 of the General Laws, as
appearing in the
1998 Official Edition, is hereby amended by striking out, in lines 20 and 21,
the words "within
thirty days of the appointment".
SECTION 2.
Said section 61A of said chapter 31, as so appearing, is
hereby further amended
by striking out,
in line 23, the words "sixty days" and inserting in place thereof the
following words:- 16
weeks.
SECTION 3.
Said section 61A of said chapter 31, as so appearing, is
hereby further
amended by striking out,
in line 45, the word "two"
and inserting in place thereof the following word:- four.
SECTION 4.
Said section 61A of said chapter 31, as so appearing, is
hereby further amended
by striking out,
in line 51, the words "sixty days" and inserting in place thereof the
following words:- 16 weeks,- and by striking out, in lines 53 and 54,
the
words "ninety days"
and inserting in place thereof the following words:- 16 weeks.
SECTION 5.
Said section 61A of said chapter 31, as so appearing, is
hereby further amended
by striking out,
in lines 55 and 56, the words "appointment shall be terminated or not
renewed as the case may be" and inserting in place thereof the
following:- appointing authority shall be notified and his employment status
shall
be terminated, subject only to the procedural requirements of the applicable
collective bargaining agreement or section 41. The sole
substantive issue for determination by an arbitrator, administrative law judge,
civil service commissioner or personnel administrator pursuant to this
paragraph,
shall be whether conditions beyond the control of the employee mitigate
sufficiently against termination and warrant a subsequent reexamination at a
time
determined by the arbitrator, administrative law judge, civil service
commissioner, or personnel administrator within one year of the decision.
Reexamination shall be the sole and exclusive remedy available to the
arbitrator,
administrative law judge, civil service commissioner, or personnel
administrator.
SECTION 6.
The fifth paragraph of said section 61A of said
chapter 31, as so appearing, is hereby amended by striking out the sixth and
seventh sentences.
Approved February 18, 2000.