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(3-4-26 Document #3) Articles 40 and 41

Budgets & Finance · Record date 2026-03-04 · Record 47fa5beb92636dc639

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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:




                                                 1

Source 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                                            1/1

Source 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:




                                                2

Source 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                                            1/5

Source 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                                            2/5

Source 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                                            3/5

Source 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                                            4/5

Source 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                                            5/5

Source 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                                            1/2

Source 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