# 15 mile rule



## drewpopo (Dec 21, 2002)

Anyone aware if the 15 mile residence rule is going to be done away with or milage extended


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## Gil (Jun 15, 1998)

I thought it was 20 as the crow flies from town line to town line? I have not heard of any changes though...


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## j809 (Jul 5, 2002)

its 15 Drew and the only way that can be changed so far is if the bargaining contract says otherwise. I believe Boxborough has 30 miles.


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## Guest (Apr 27, 2004)

I have not heard of any recent changes to the residency requirement. However, the law is MGL Chapter 31, Section 58 and it states:

" 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."

This issue was examined recently in Haverhill when a firefighter who lived in New Hampshire was promoted from a civil service exam. A lower scoring candidate of the department who was in compliance of the residency requirement contested the promotion and the higher scoring candidate was removed from his promotion. After hearing about this case, the chief of my civil service fire department advised our members that the 10 mile rule shall stand and not the 15 mile rule that many of us were previously applying.


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## j809 (Jul 5, 2002)

Chapter 31 has do to with Civil Service. The real ruling about residency is the following:



> Chapter 41: Section 99A Members of regular police or fire department and fire alarm division; residence outside city or town
> 
> Section 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.


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