Massachusetts § 62 - Punishment duty; police officers or fire fighters

§ 62. Punishment duty; police officers or fire fighters

Section 62. Punishment duty shall not be imposed without just cause upon any police officer or fire fighter subject to this chapter. A police officer or fire fighter upon whom punishment duty is imposed shall, within twenty-four hours of the imposition of such punishment duty, be given a copy of this section and of sections forty-one through forty-five, together with a written notice stating the specific reason for the imposition of such punishment duty and the duration thereof and informing him that he may, within forty-eight hours of receipt of such notice, request in writing a hearing by the appointing authority. If he so requests he shall be given such a hearing within five days of receipt of such request by the appointing authority. A copy of the notice of imposition of punishment duty shall be forwarded forthwith to the administrator. Whenever such hearing is given, the appointing authority shall give such police officer or fire fighter a written notice of his finding within two days after the hearing. If, after such hearing, the appointing authority finds no just cause exists for the imposition of punishment duty, such punishment duty shall be deemed not to have been imposed; if, after such hearing, the appointing authority finds that just cause does exist for the imposition of punishment duty, such police officer or fire fighter may appeal to the commission as provided in section forty-three, and he or the appointing authority shall be entitled to judicial review of the action taken by the commission as provided in section forty-four. The provisions of section forty-three shall apply to all hearings under this section. Notice of any action taken by the appointing authority under this paragraph shall be forwarded forthwith to the administrator. Any hearing pursuant to this section shall be public if either party concerned so requests in writing. At any such hearing, the person upon whom punishment duty was imposed shall be allowed, either personally or by counsel, to answer the charges against him. In the computation of any period of time limited by this section, Saturdays, Sundays and holidays shall be excluded.

Notwithstanding the provisions of this section, punishment duty shall not be imposed upon any police officer or firefighter who is employed by the commonwealth subject to the provisions of this chapter, unless such police officer or firefighter assents thereto.