Civil Service Residency Requirement

Discussion in 'Civil Service' started by Brian823, Feb 25, 2004.

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  1. Brian823

    Brian823 MassCops Member

    Does anyone know if civil service (or any appointing authority) enforces this law?

    G.L. c. 31 § 58 requires that, within nine (9) months of appointment, civil service police officers reside within ten (10) miles of the perimeter (town line) of the municipality. This distance is measured “as the crow flies” from the officer’s residence to the town line where he/she is employed.
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    No applicant for examination for original appointment to the police force or fire force of a city or town shall be required by rule or otherwise to be a resident of such city or town at the time of filing application for such examination; provided, however, that notwithstanding the provisions of any general or special law to the contrary, any person who receives an appointment to the police force or fire force of a city or town shall within nine months after his appointment establish his residence within such city or town or at any other place in the commonwealth that is within ten miles of the perimeter of such city or town.
  2. tomahawk

    tomahawk Subscribing Member

    That second paragraph is slightly confusing - does that mean that a municipality can only require someone who is hired to live within 10 miles of town, as opposed to requiring in-town residency?

    -Mike :-k
  3. Brian823

    Brian823 MassCops Member

    My understanding is that a municipality can require in-town (or city) residency (i.e. City of Boston). However, this is not a civil service requirement - it is a local requirement which would be imposed by

    CBA (contract)
    Town By-Law
    City Ordinance
    Personnel Policy
    Departmental Rule or Regulation

    There is also another (less restrictive) statute covering non-civil service departments:

    G.L. c. 41 - 99A
    Any member of the regular police or fire department and fire alarm division of a city or town appointed subsequent to August first, nineteen hundred and seventy-eight shall reside within fifteen miles of the limits of said city or town. Said distance shall be measured from the closest border limits of said city or town in which said member is employed to the closest border limits of the city or town in which said member lives; provided however, if any said city or town by local ordinance or by-law to which the provisions of paragraph (d) of section seven of chapter one hundred and fifty E of the General Laws shall apply, or by collective bargaining agreement shall require the members of a regular police or fire department appointed on or after August first, nineteen hundred and seventy-eight to be residents of such city or town, the provision of such local ordinance, by-law or collective bargaining agreement shall supersede the provision of this section and provided further such local ordinance, by-law or collective bargaining agreement shall apply only to those members of a regular police or fire department appointed subsequent to the adoption of such local ordinance, by-law or collective bargaining agreement.
  4. Mortal knight

    Mortal knight Subscribing Member

    Haverhill just spent several months slapping this issue around. It all came about over a LT. promotion with the "FireDawgs" . The #1 guy on the list got past over for someone who lived in NH. The #1 guy then raised the issue that the law was not being enforced. At the time Haverhill had a "must reside in the city" ordinance. Since then they agreed along with the unions, and Chiefs of both departments to go with the "crow fly" law.

    I recently turned in my application for Haverhill. in it had about a page and ahalf about residency, (plus 3 pages about smoking, and 14 pages probing my life!)

    http://www.eagletribune.com/news/stories/20040113/HA_003.htm about the above situation

    http://www.eagletribune.com/news/stories/20040114/HA_001.htm Council stating "new law"

    Though it does not state it in these article, the law is enforced, but the nine months has not ended in Havehill yet so no one knows IF it is actually enforced. But I wouldn't want to test it with the current administration
  5. Southside

    Southside Subscribing Member

    MK,

    Good luck with Haverhill, it is a nice change to finally see things moving for people on this board who have been waiting!
  6. PearlOnyx

    PearlOnyx Subscribing Member

    MortalKnight,

    Is Haverhill still undergoing union issues as they were over the winter? I know the Haverhill christmas parade has caused quite a stir in our department :wink:. Over the winter, I know this was a big issue.
  7. Mortal knight

    Mortal knight Subscribing Member

    shawnr76, thanks.

    PearlOnyx , as far as the union issues, I'm not 100% sure. I know things has quieted down a bit, (or at the least gone back behind close doors). Since the parade we have gotten a new Mayor and new council members. The very fact that they are hiring both reserves and Full-timers must mean that something is going good :shock: .

    Either way I'm just happy that I'm getting an opportunity to play with the big boys. 8)
  8. Pac*Man

    Pac*Man Supporting Member

    f

    Good luck out there, Phil !!
  9. tomahawk

    tomahawk Subscribing Member

    =D> Way to go, MB!! Make sure you holler at me when you get your academy date for HPD... I am going for TPD (wahoo!) sometime before the end of the year. \:D/

    -Mike
  10. female p.o.

    female p.o. MassCops Member

    Boston Municipal Police Officers have to be residents of Boston. :(
  11. Finding Nemo

    Finding Nemo Subscribing Member

    hey M.K. good luck and congrats......

    just remember one thing....

    I pay your salary!

    hahahahahahahaahhha

    also, promise me one thing.... once your on, please control the speeders on Lowell ave! :x
  12. Brian823

    Brian823 MassCops Member

    I think all (if not most) City of Boston employees must reside in the City. They enforce this rule with periodic audits.
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