Canton, Massachusetts · Saved source text
(3-4-26 Document #3) Articles 40 and 41
Saved text from 10 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 1
RESCIND PRIOR VOTE TAKEN ON ARTICLE 38 OF 2006 ANNUAL TOWN MEETING
Article 40 To see if the Town will vote to rescind and revoke the action taken under Article 38 of
the 2006 Annual Town Meeting to accept the provisions of Massachusetts General Laws
Chapter 31, Section 58A, as inserted by Chapter 242 of the Acts of 2000, establishing that
applicants for original appointment(s) to the Police and Fire Departments must be under the
age of thirty-two (32) years on the date of appointment, and such that revocation be effective
on July 1, 2026 or take any further action related thereto.
Select Board
MOVED: That the Town rescind and revoke the action taken under Article 38 of the 2006
Annual Town Meeting to accept the provisions of Massachusetts General Laws Chapter 31, Section
58A, as inserted by Chapter 242 of the Acts of 2000, establishing that applicants for original
appointment(s) to the Police and Fire Departments must be under the age of thirty-two (32) years on
the date of appointment, and such that revocation be effective on July 1, 2026 or take any further
action related thereto.
FINANCE COMMITTEE VOTE -
DISCUSSION:
1Source page 2
2/26/26, 3:45 PM General Law - Part I, Title IV, Chapter 31, Section 58A
ADMINISTRATION OF THE GOVERNMENT
Part I
CIVIL SERVICE, RETIREMENTS AND PENSIONS
Title IV
Chapter 31 CIVIL SERVICE
MUNICIPAL POLICE OFFICERS AND FIREFIGHTERS;
Section 58A
MAXIMUM AGE RESTRICTIONS
Section 58A. Notwithstanding the provisions of any general or special
law to the contrary, in any city, town or district that accepts this section,
no person shall be eligible to have his name certified for original
appointment to the position of firefighter or police officer if such person
has reached his thirty-second birthday on the date of the entrance
examination. Any veteran shall be allowed to exceed the maximum age
provision of this section by the number of years served on active military
duty, but in no case shall said candidate for appointment be credited more
than four years of active military duty.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section58A 1/1Source page 3
ACCEPT MGL CH. 31 § 61A AND 61B
Article 41 To see if the Town will vote to accept the provisions of Massachusetts General Laws
Chapter 31, Sections 61A and 61B as amended, for the purpose of establishing health and
fitness standards and a wellness program for Police and Fire personnel in order to allow the
Town to hire Police and Fire personnel without an age restriction pursuant to Massachusetts
General Laws Chapter 31, Section 58, or take any other action related thereto.
Select Board
MOVED: That the provisions of Massachusetts General Laws Chapter 31, Sections 61A and
61B as amended, for the purpose of establishing health and fitness standards and a wellness
program for Police and Fire personnel in order to allow the Town to hire Police and Fire personnel
without an age restriction pursuant to Massachusetts General Laws Chapter 31, Section 58, be
accepted.
FINANCE COMMITTEE VOTE -
DISCUSSION:
2Source page 4
2/26/26, 3:47 PM General Law - Part I, Title IV, Chapter 31, Section 61A
ADMINISTRATION OF THE GOVERNMENT
Part I
CIVIL SERVICE, RETIREMENTS AND PENSIONS
Title IV
Chapter 31 CIVIL SERVICE
POLICE OFFICER AND FIREFIGHTER HEALTH AND PHYSICAL
Section 61A
FITNESS STANDARDS
Section 61A. The administrator, with the secretary of public safety and
the commissioner of public health shall establish initial health and
physical fitness standards which shall be applicable to all police officers
and firefighters when they are appointed to permanent, temporary,
intermittent, or reserve positions in cities and towns or other
governmental units. Such standards shall be established by regulations
promulgated by the administrator after consultation with representatives
of police and firefighter unions, and the Massachusetts Municipal
Association.
Notwithstanding the provisions of this paragraph, any municipality may
adopt, subject to collective bargaining, stricter health and physical fitness
standards. Such initial health and physical fitness standards shall be
rationally related to the duties of such positions and shall have the
purpose of minimizing health and safety risks to the public, fellow
workers and the police officers and firefighters themselves.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61A 1/5Source page 5
2/26/26, 3:47 PM General Law - Part I, Title IV, Chapter 31, Section 61A
No person appointed to a permanent, temporary or intermittent, or reserve
police or firefighter position after November first, nineteen hundred and
ninety-six shall perform the duties of such position until he shall have
undergone initial medical and physical fitness examinations and shall
have met such initial standards. The appointing board or officer shall
provide initial medical and physical fitness examinations. If such person
fails to pass an initial medical or physical fitness examination, he shall be
eligible to undergo a reexamination within 16 weeks of the date of the
failure of the initial examination. If he fails to pass the reexamination, his
appointment shall be rescinded. No such person shall commence service
or receive his regular compensation until such person passes the health
examination or reexamination.
The administrator, shall establish in-service health and physical fitness
standards which shall be applicable to all police officers and firefighters
in permanent, temporary, intermittent, and reserve positions in cities and
towns. Such standards shall be established by regulations promulgated by
the administrator after consultation with representatives of police and
firefighters unions, and the Massachusetts Municipal Association.
Notwithstanding the provisions of this paragraph, any municipality may
adopt, subject to collective bargaining, stricter in-service health and
physical fitness standards. Such in-service health and physical fitness
standards shall be rationally related to the duties of such positions and
shall have the purpose of minimizing health and safety risks to the public,
fellow workers, and the police officers and firefighters themselves. Such
standards shall take into account the age of the police officer or
firefighter.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61A 2/5Source page 6
2/26/26, 3:47 PM General Law - Part I, Title IV, Chapter 31, Section 61A
All police officers and firefighters in such positions shall undergo in-
service medical and physical fitness examinations at such time intervals
as the administrator shall determine, but no less frequently than once
every four years. Any police officer or firefighter appointed to such a
position after November first, nineteen hundred and ninety-six shall be
required to maintain his health and physical fitness at a level which meets
such in-service standards. If a police officer or firefighter appointed to
such a position after November first, nineteen hundred and ninety-six
fails to pass such an in-service examination, he shall be eligible to
undergo a reexamination within 16 weeks of the date of the in-service
medical or physical fitness examination failed. If he fails the
reexamination, he shall be eligible to undergo a second reexamination
within 16 weeks of the date of the first reexamination. If he fails to pass
the second reexamination, his 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.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61A 3/5Source page 7
2/26/26, 3:47 PM General Law - Part I, Title IV, Chapter 31, Section 61A
If the appointment of a police officer or firefighter is terminated or not
renewed in accordance with this section, he may apply for
superannuation, ordinary disability, or accidental disability retirement
benefits as provided in chapter thirty-two. A police officer or firefighter
whose appointment is terminated or not renewed because of his failure to
meet in-service health or physical fitness standards shall not be presumed
by virtue of such termination or nonrenewal to be disabled for pension
purposes.
The administrator shall establish procedures for the administration of
such medical and physical fitness examinations by cities and towns. Such
examinations may be administered at the police academy or at the
firefighting academy in accordance with such procedures.
The provisions of this section shall apply to all police officers and
firefighters in cities, towns, districts, or other governmental units which
have accepted the provisions of this section and section sixty-one B.
The personnel administrator shall submit regulations promulgated
pursuant to this section to the clerks of the house of representatives and
senate, who shall refer said regulations to the appropriate standing
committee of the general court. The committee shall transmit in writing
to the administrator its recommendations, if any, for modifications to said
regulations. Within fifteen days of receipt of any such recommendations,
the administrator shall resubmit said regulations to said committee
together with any modifications made thereto. If the general court takes
no final action relative to said regulations within forty-five days of the
date on which said regulations are first referred to said committee, said
regulations shall be filed with the state secretary pursuant to the
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61A 4/5Source page 8
2/26/26, 3:47 PM General Law - Part I, Title IV, Chapter 31, Section 61A
provisions of section five of chapter thirty A. No such regulations shall
take effect until filed with the state secretary in accordance with the
provisions of this paragraph.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61A 5/5Source page 9
2/26/26, 3:48 PM General Law - Part I, Title IV, Chapter 31, Section 61B
ADMINISTRATION OF THE GOVERNMENT
Part I
CIVIL SERVICE, RETIREMENTS AND PENSIONS
Title IV
Chapter 31 CIVIL SERVICE
WELLNESS PROGRAM FOR POLICE OFFICERS AND
Section 61B
FIREFIGHTERS
Section 61B. Any city, town, district or other governmental unit which
accepts the provisions of this section shall establish a wellness program
for police officers and firefighters, if any, employed in such city, town,
district or other governmental unit. Such wellness program shall be in
accordance with the minimum requirements established by the
department of public health pursuant to section two hundred and three of
chapter one hundred and eleven. The commonwealth and any agencies or
authorities thereof shall establish such programs for any police officers or
firefighters employed by said commonwealth, agencies or authorities and
shall be deemed to have accepted this section for the purposes of section
sixty-one A. Any city, town, district, or other governmental unit, but not
including the commonwealth, its agencies or authorities, which accepts
the provisions of this section and provides wellness programs pursuant
thereto shall be reimbursed for the lesser of (i) one-half the costs thereof
or (ii) an amount equal to one hundred dollars per employee, by the
commonwealth, upon certification by the secretary of public safety. Said
secretary shall certify the amount of such reimbursement to be paid to
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61B 1/2Source page 10
2/26/26, 3:48 PM General Law - Part I, Title IV, Chapter 31, Section 61B
such city, town, district, or other governmental unit from information
filed on or before September first of each year with said secretary by the
appointing authority.
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31/Section61B 2/2