# Tobacco Products for officers highered after 1988



## Guest (Oct 16, 2007)

Anyone know if the rule includes chewing tobacco,or is it cigarettes?


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## Big.G (Nov 28, 2006)

you should be worrying more about getting an education. its HIRED.


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## quality617 (Oct 14, 2003)

asyouwere said:


> Anyone know if the rule includes chewing tobacco,or is it cigarettes?


Chapter 41 Section 101A. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a police officer or firefighter in a city or town and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco products. The personnel administrator shall promulgate regulations for the implementation of this section.

If I wanted the job, I wouldn't leave it open for someone else's interpretation.

Give it up. Others have.


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## Inspector (Nov 13, 2006)

And while that chapter says "smokes" I would also not hire a person who used any tobacco product. There is something disgusting about people who carry those bottles around in their cruisers spitting into them and chomping on a wad while driving along. The stains don't look good on the uniforms either.


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## chief801 (Dec 8, 2004)

While the law stipulates that no officer shall smoke tobacco products, many departments prohibit chewing tobacco while in uniform and in the view of the public under their rules and regulations.


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## j809 (Jul 5, 2002)

Is gunja tobacco?


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## Motor23 (Apr 25, 2007)

I know a couple of departments that have a policy on chewing tabacco. One of the officers I work with asked me a question the other day, I'm curious on what anyone else's take is on it. As this is a MA general law that requires new officers not to smoke, what happens if they are out of county on vacation and smoke a cigar?


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## quality617 (Oct 14, 2003)

Motor23 said:


> I know a couple of departments that have a policy on chewing tabacco. One of the officers I work with asked me a question the other day, I'm curious on what anyone else's take is on it. As this is a MA general law that requires new officers not to smoke, what happens if they are out of county on vacation and smoke a cigar?


Much as I applaud your legal hair splitting, the answer is still no. The statute is clear on this.

I threw my last cigarette out the window of my car as I drove onto the academy grounds in 1995, ran a mile the first day, and never looked back.

I suppose some are getting away with smoking, but considering that there are probably thousands of people standing right behind you who either don't smoke or are willing to quit who want the job, do you really want to take that chance?

Leave the 'what if' senarios for Con Law class. Just quit.


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## mcpd704 (Oct 7, 2005)

I see that the law states that this applies to officers in a city or town, does it also apply to campus police??


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## Barbrady (Aug 5, 2004)

quality617 said:


> I threw my last cigarette out the window of my car as I drove onto the academy grounds in 1995, ran a mile the first day, and never looked back.


Why did you have to litter? Do you not have an ash tray in you car?


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## quality617 (Oct 14, 2003)

Barbrady said:


> Why did you have to litter? Do you not have an ash tray in you car?


I wasn't thinking. I had visions of Keyspan details dancing in my head.


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## Barbrady (Aug 5, 2004)

Lol, don't cause an explosion.


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## Mitpo62 (Jan 13, 2004)

The smoking ban does not include campus officers. And they can get you off the job too. An old story from Plymouth where an officer was off duty, in a bar, and lit one up. Someone spoke (or had a photo) and she was fired. She appealed to CS and lost. Yes there are many who chance getting caught and still smoke, on and off the job. Watch out though if someone has an ax to grind! I thought chew was included in the ban, but maybe not.


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## Barbrady (Aug 5, 2004)

Mitpo62 said:


> I thought chew was included in the ban, but maybe not.


I thought so too.


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## OfficerObie59 (Sep 14, 2007)

The previous posters are right. Don't screw with this if you even want to think about getting on. Plus, if you had two interviewees of equal background, one smoke and one doesn't, who are you gonna pick? Sure, you could appeal to civil service as you haven't been hired yet, but who wants that hassle.

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Mass. Gen. L. ch. 41, § 101A, passed in 1987, reads as follows:Subsequent to January first, nineteen hundred and eighty-eight, noperson who smokes any tobacco product shall be eligible for appointment as a police officer or firefighter in a city or town and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco products. The personnel administrator shall promulgate regulations for the implementation of this section. ​​As the Court noted, the Massachusetts "Legislature apparently enacted § 101A in an effort to reduce the number of police officers and fire fighters who obtain substantial disability benefits from public funds under G. L. c.32, § 94, also known as the `Heart law,' as a result of heart disease due to smoking." 

On October 6, 1988, the personnel administrator promulgated regulations to implement Mass. Gen. L. ch. 41, § 101A. Paragraphs 23.2, 23.5, and 23.6 of these regulations provide, in part, as follows: 23.2 No person appointed to a covered position [subsequent to January 1, 1988] shall, subsequent to appointment, smoke any tobacco product at any time during his or her employment in any position covered by section 94 of chapter 32 of the General Laws. *This prohibition includes all time off the job as well as all time on the job.* 
​Appointing authorities have the responsibility to enforce the prohibition against smoking tobacco products. *Any employee subject to the prohibition who is found, after a hearing . . . to have smoked any tobacco product subsequent to appointment shall be terminated.* 
23.6 Before an employee is terminated pursuant to this Rule, such employee shall be given a written notice by the appointing authority which shall include the contemplated termination and the specific reason or reasons for the termination, and shall be given a full hearing concerning such reason or reasons before the appointing authority or a hearing officer designated by the appointing authority. . . . An employee also has any rights to hearing or appeals procedures to which he or she may be entitled under chapter 31 or a collective bargaining agreement. *If . . . a finding is made that an employee did smoke a tobacco product subsequent to appointment to a covered position, termination from that position or any subsequent promotional position is mandatory.* 
​


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## OfficerObie59 (Sep 14, 2007)

The story from Plymouth is the case law.

On October 20, 1997, the Supreme Judicial Court ruled that the town of Plymouth was justified in firing a police officer who smoked tobacco products in violation of a state law, Mass. Gen. L. ch. 41, § 101A. The law is limited to police officers and fire fighters hired after January 1, 1988, but applies with equal force whether the employee is smoking on or off the job. The Court's decision in Plymouth v. Civil Service Commission, 426 Mass. 1 (1997), was unanimous, and sends a clear, draconian message to municipal employers, police officers and fire fighters across the Commonwealth. That is, police officers or firefighters hired by a city or town after January 1, 1988, must be terminated from employment for smoking tobacco products in violation of the state law. This article briefly discusses the law, the background of the case, the Court's decision and its potential impact in the Commonwealth.


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## Barbrady (Aug 5, 2004)

Do they still give you $500 bonus for signing the paper saying I promise not to ever smoke again now that I have a public safety job?


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## 94c (Oct 21, 2005)

OfficerObie59 said:


> As the Court noted, the Massachusetts "Legislature apparently enacted § 101A in an effort to reduce the number of police officers and fire fighters who obtain substantial disability benefits from public funds under G. L. c.32, § 94, also known as the `Heart law,' as a result of heart disease due to smoking."


BINGO! Kiss your bad heart and your 72% goodbye.


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## Macop (May 2, 2002)

Mitpo, that female you are refering too. Was she a P.I, I vaugley remember something about that. I had heard that the chief did not make a big deal about it until she was caught smoking on duty and was told not to but did not listen.


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## chiefwiggum (Jan 20, 2007)

To answer the question you can't SMOKE tabacco. Chew although many Dept. s have a policy isn't in the law.


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## jettsixx (Dec 10, 2005)

There are several people on my dept. that love thier cigars. Could have sworn that was a tabacco product. Love it when they tell me they dont count.


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## Harley387 (May 1, 2002)

chiefwiggum said:


> To answer the question you can't SMOKE tabacco. Chew although many Dept. s have a policy isn't in the law.


I am guessing that this is probably because smoking has been shown to cause heart disease.....chewing has not.


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## Guest (Nov 9, 2007)

Harley387 said:


> I am guessing that this is probably because smoking has been shown to cause heart disease.....chewing has not.


Nope.....just mouth and facial cancer.


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## Harley387 (May 1, 2002)

Delta784 said:


> Nope.....just mouth and facial cancer.


True....but there is a Heart bill......No face and mouth bill as of yet. :smokin:


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## RCPD33 (Jul 3, 2006)

This definitely isn't enforced on a regular basis. What about lighting up a stogie during a golf tourney? Heck, then just about everyone playing would have to be fired then. And I can't tell you how many times I've driven by a firehouse and seen 2, 3 or more guys outside smoking a butt right in front of the firehouse (which I always found bewildering) and that's anywhere I've gone throughout this or any other state. Or a police cruiser with an arm hanging out of either window, holding a butt (cigarette).

I personally don't smoke and that's my choice, but I don't hold it against anyone who does either, that's their choice. I still wouldn't take the chance though at losing a hard to get (in most cases, not all) job over smoking a cigarette.

Like *Mitpo62* said "Watch out though if someone has an ax to grind!".


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## Barbrady (Aug 5, 2004)

Delta784 said:


> Nope.....just mouth and facial cancer.


:yes: The baccer is nasty shyt.


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