§ 56 — Incumbents; status; seniority; transfer of school employees

Massachusetts § 56

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title IV: CIVIL SERVICE, RETIREMENTS AND PENSIONS
• Ch. 31: CIVIL SERVICE

Text

Section 56. Whenever any office or position exempt from the civil service law and rules is made subject thereto, whether by the provisions of this chapter or by any other statute, or by rule, or by acceptance by a city or town of the provisions of this chapter or of any other statute, the appointing authority shall forthwith submit to the administrator a list of the incumbents of each such office or position. Such list shall state, for each person named, his duties, his record of service with dates of employment, his compensation, and any other information which the administrator may require. The appointing authority shall post a copy of such list in a public place for a period of thirty days.After the end of said period of posting, the administrator shall classify by title the office or position of each person named on said list and shall determine the date from which length of service of such person shall be computed, in conformity with the provisions of section thirty-three, so far as practicable. The administrator shall notify each person on said list of his civil service title, such date, and such other information as the administrator deems pertinent. Within fourteen days after the mailing of said notification, any person who alleges that his rights have been affected may request the administrator to review the correctness of the list, of his civil service title, and of the date proposed to be used to compute his length of service for the purpose of determining seniority. The administrator or his authorized representative shall forthwith hold a hearing and hear all parties concerned. After said hearing, the administrator shall make such changes as he deems proper in the civil service title of such person and in the date to be used to compute his length of service. After such date is determined as provided herein, it shall continue to be used, subject to the provisions of section thirty-three.The status of the incumbents of any such offices or positions shall be determined as follows, except as otherwise expressly provided in this chapter or other law:1. The employment of any person employed on a temporary basis and of any employee who has been employed in the office or position for less than six months immediately prior to the date that the office or position became a civil service position may continue on a temporary basis for a period of not more than one year from such date, but the civil service law and rules shall not otherwise be applicable to said person or employee.2. An incumbent of any position allocable to the labor service who has been employed continuously for six months or more but less than two years immediately prior to the date that such position became a civil service position shall be deemed to be a tenured employee after serving a probationary period.3. An incumbent of any position allocable to the labor service who has been employed continuously for two years or more immediately prior to the date that such position became a civil service position shall be deemed to be a tenured employee without serving any probationary period.4. An incumbent of any office or position allocable to the official service who has been employed continuously for six months or more but less than two years immediately prior to the date on which such office or position became a civil service position shall be subjected to a qualifying examination prescribed by the administrator, and, if he passes, shall be deemed to be a tenured employee after serving a probationary period.5. An incumbent of any office or position allocable to the official service who has been employed continuously for two years or more immediately prior to the date on which such office or position became a civil service position shall be subjected to a qualifying examination prescribed by the administrator, and, if he passes, shall be deemed to be a tenured employee without serving any probationary period.Any such incumbent of any office or position allocable to the official service who fails to pass such qualifying examination may be continued by the appointing authority in such office or position for the remainder of the term, if any, for which he was appointed, but the provisions of the civil service law and rules shall not otherwise be applicable to such incumbent.Where a permanent officer or employee in any departmental unit had formerly occupied in the same departmental unit a non-civil service office or position which is subsequently made a civil service position by statute, or by rule, or by acceptance by a city or town of provisions of this chapter or any other statute, the date which shall be used in computing length of service of such officer or employee for purposes of determining seniority shall be the earliest date of continuous employment which has not been interrupted by an absence from the payroll other than an absence specified in clauses (1) and (2) of the first paragraph of section thirty-three. However, when an incumbent acquires by statute permanent civil service status in a position which, previous to the effective date of such statute, had become a civil service position, the date from which his length of service shall be computed shall be the effective date of such statute, unless otherwise specifically provided therein.Whenever a school district is established under the provisions of general or special law to which the provisions of this chapter do not apply and said district is to include a school or schools of a city, town or school district to which, prior to said establishment, the provisions of this chapter were applicable, any civil service employee in such a school shall, if he so requests, be transferred to such newly established school district. An employee so transferred shall retain his rights under sections forty-one through forty-five and his rights to transfer held by him immediately prior to such transfer, provided that such rights shall be retained only while he is serving in the same capacity or position held on the effective date of the transfer to such newly established school district. Nothing in this paragraph shall prevent the reassignment or transfer of an employee to another school which is to continue in a school system to which the civil service law and rules are applicable, if such reassignment or transfer can be made in lieu of a transfer to such newly established school district.Notwithstanding any other provisions of this section, when a city or town, acting other than in accordance with the provisions of clause (b) of section fifty-three, accepts the applicability of the civil service law and rules to the office of chief of police, or officer performing similar duties, however entitled, or to the office of chief of the fire department, or officer performing similar duties, however entitled, any incumbent of such office who, immediately prior to the filing of the petition relative thereto, shall have served in such office continuously for not less than five years in the case of a city, or for not less than three years in the case of a town, shall be subjected to a qualifying examination prescribed by the administrator, and if he passes, shall be deemed to be a tenured employee without serving any probationary period. Any such incumbent who fails to pass the qualifying examination may be continued by the appointing authority in such office for the remainder of the term, if any, for which he was appointed, but the civil service law and rules shall not otherwise be applicable to such incumbent.