Massachusetts § 59A - Registers of entry-level municipal police and firefighter candidates; original appointment; candidate requirements

§ 59A. Registers of entry-level municipal police and firefighter candidates; original appointment; candidate requirements

[ Text of section effective until January 1, 2035. Repealed by 2024, 238, Sec. 148. See 2024, 238, Sec. 327.]

[ Subsection (a) effective until August 5, 2025. For text effective August 5, 2025, see below.]

  Section 59A. (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to create its own registers of entry-level municipal police and firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles and to commit to recruiting and considering candidates of diverse backgrounds, and upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the administrator.

[ Subsection (a) as amended by 2025, 14, Sec. 21 effective August 5, 2025. For text effective until August 5, 2025, see above.]

  (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to create its own registers of entry-level municipal police, MBTA police and municipal firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles and to commit to recruiting and considering candidates of diverse backgrounds, and upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the administrator.

  (b) An appointing authority that has entered into a written agreement with the administrator pursuant to subsection (a) may designate candidates to appear on a local public safety register from which candidates may be considered for original appointment to permanent police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the appointing authority to be considered from the local public safety register.

  (c) A candidate may be appointed as a permanent police officer from a local public safety register without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A, and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed course of study at a police academy approved by the municipal police training committee pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for police officer administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the policing profession; (iii) current service in the commonwealth as a salaried police officer certified by the peace officer standards and training commission; (iv) graduation within the past 5 years from a police academy approved by the municipal police training committee; or (v) receipt of a waiver from the municipal police training committee excusing the named candidate from further academy training.

  (d) No individual appointed as a police officer may perform the duties of a sworn police officer prior to completion of the prescribed course of study approved by the municipal police training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such training requirement from the committee.

  (e) A candidate may be appointed from a local public safety register as a permanent firefighter without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation from a fire academy, or anticipated completion within the next 12 months of another prescribed course of study culminating in certification, approved by the Massachusetts fire training council pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for firefighter administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the firefighting profession; or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with certification acceptable to the Massachusetts fire training council.

  (f) In all cases, whether involving either police or fire position candidacies under this section, no appointment shall be deemed effective for civil service purposes until notification of the appointment to the administrator in a manner prescribed by the administrator. Nothing in this section regarding the appointment of candidates from a local public safety register shall be construed to apply to any municipal public safety personnel ranked above the entry-level position of police officer or firefighter.

  (g) Upon investigation and substantiation by the commission of allegations that an appointing authority has violated material terms of the written agreement entered into with the administrator, the commission, in consultation with the administrator, may order modifications, suspension or termination of the agreement.

[ Subsection (h) added by 2025, 14, Sec. 2 effective August 5, 2025.]

  (h) Notwithstanding any prior appointments, for any person who receives an appointment pursuant to this section, the local public safety register appointment date shall be considered the person's seniority date for all purposes under this chapter.