The November newsletter reported on a couple of important changes in An Act Relative to Strengthening Massachusetts Leadership, Ch. 238 of the Acts of 2024. As we reported, the Act includes an extension of many local permits and extends the time by which certain developments are protected from changes to zoning bylaws and ordinances. However, there is another important change in the Act for which our readers should be aware. The new legislation creates flexibility for hiring under civil service. Specifically, a percentage of candidates for police and fire entry-level positions may now be appointed without having taken the civil service exam if the appointing authority has first executed an agreement with the Personnel Administrator of the Human Resources Division in the Executive Office of Administration and Finance (“Administrator”) and other qualifications of the candidate are satisfied. These changes have a sunset provision, expiring on January 1, 2035.
In addition, if a municipality has a pending home rule petition to opt out of civil service that was filed between January 4, 2023, and July 31, 2024, it will be deemed approved effective March 1, 2025, so long as the municipality submits a letter by February 15, 2025, indicating that it still seeks exemption from G.L. c. 31. The letter must be signed by the mayor or city manager in the case of a city, by the Chair of the Select Board or the Town Manager in the case of a town, and by the police chief or fire chief, whichever department is the subject of the petition. The letter must be submitted to the Administrator.
