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.
Chapter 31 of the General Laws
is hereby amended by inserting after section 60 the
following section:-
Section 60A. (a) Notwithstanding the provisions of section 60 to the
contrary,
this section shall apply to a city or town that has an intermittent or reserve
police or fire force
and that accepts this section by majority vote of the selectmen of a town or of
the city council of a city, subject to its charter.
(b) A
member of an intermittent or reserve police or fire force who, after being
duly certified on three occasions, refuses employment on a permanent basis in
the regular police or fire force shall not be eligible for further
certification for appointment to that force and, notwithstanding
sections 41, 43 and 44 or any other law, shall cease to be a member of such
intermittent or reserve police or fire force. But no such
member shall cease to be such a member as a result of having so refused such
employment on three such occasions if he shall have submitted to the appointing
authority, in writing, on a form or in such manner to be prescribed by the
administrator, not later than such third refusal, an irrevocable request by
such member not to be so terminated from the intermittent or reserve police or
fire force. No such member who is so exempted from such
termination shall be counted for the purpose of determining the size of such
intermittent or reserve force. The refusal of any
such member to accept appointment to the regular force made while he was
serving in the armed forces of the United States shall not be included among
the refusals referred to in this paragraph.
(c) The appointing authority shall send to the administrator a notice of
termination of service of any such member that occurs pursuant to this
paragraph. Such notice shall set forth the occasion of each refusal and the
date of termination of service of such member. The appointing authority shall
send to the administrator a copy of an irrevocable request by any member not to
be terminated from the intermittent or reserve police or fire force indicating
the date on which such request was received. The administrator shall deny any
request of a member of an intermittent or reserve police or fire force that he
not be certified in any instance for appointment to the regular force.
(d) This section shall not prevent the appointment
to the regular fire force of a city or town of a call firefighter under
any general or special law.
SECTION 2.
Any person whose membership as an intermittent or reserve
police officer or firefighter was terminated within the two years
receding the effective date of this act pursuant to
section 60 of chapter 31 of the General Laws as a result of having refused employment on a
permanent basis in the regular police or fire force on three such occasions may
be restored to such intermittent or reserve position if he submits
to the appointing authority, in writing, on a form or in a manner to be
prescribed by the administrator, not later than 90 days immediately following
the date of acceptance of section 60A of said chapter 31 by
the city or town from which such person was so terminated, a request by such
member to be so restored. No such member who is so
restored shall be counted for the purpose of determining the size of such
intermittent or reserve force.
The appointing authority shall send to the administrator a copy of a request
by any member to be restored to the intermittent or reserve police or fire
force indicating the date on which such request was received.
Approved November 9, 2000.