Major Civil Service reforms included in economic development package

The economic development bill that Gov. Maura Healey signed into law on Nov. 20 codified the largest reform of the Civil Service system in decades.

The Civil Service provisions, which reform the hiring system for police and fire personnel, represent years of work by the MMA and other stakeholders. The final language stems from compromise recommendations of the Special Legislative Commission to Study and Examine the Civil Service Law, created in 2021.

The reforms aim to provide significantly more hiring flexibility for Civil Service departments filling essential jobs in police and fire departments. Key among the reforms is a new “hybrid pathway,” enabling Civil Service departments to more easily identify candidates for municipal police and fire positions outside of the traditional process.

Hybrid pathway
Civil Service cities and towns are able to opt in to a new hybrid pathway through a multi-year memorandum of understanding with the state’s Human Resources Division.

The hybrid pathway allows for the following:
• Departments could make up to 50% of entry-level police and fire appointments outside of the traditional Civil Service exam process, drawing from a locally generated pool of prospective candidates.
• Departments could consider prospective “hybrid” candidates immediately, regardless of whether they have taken a Civil Service examination and without the need for a certification from the HRD.
• Prospective candidates would go through the pre-existing review process, including a pre-conditional-offer background check and post-conditional-offer medical and physical abilities tests.
• Once all conditions are met, the HRD would authorize a candidate’s employment in the same manner as traditional Civil Service candidates, subject to completion of a prescribed course of study at an approved police or fire academy, if not already completed.
• Civil Service communities could appoint incumbent police officers from non-Civil Service communities through this process, but only for entry-level positions; these hires would not retain any seniority.

The new authorization for hybrid pathway hiring will be in effect for at least 10 years. It is set to expire on Jan. 1, 2035, unless otherwise extended or made permanent.

Other key reforms
The new law includes other recommendations from the Special Legislative Commission to Study and Examine the Civil Service Law, including many new flexibilities for hiring within the traditional Civil Service exam process, including:
• Additional flexibility for municipalities in navigating residency requirements
• Adjusting the formula for entry-level certifications (from 2n+1 to 3n+1)
• Lowering barriers to Civil Service exam fee waivers

The law also creates the role of manager of civil service diversity, equity, and inclusion, which will work to promote diversity and equal opportunity in civil service employment throughout Massachusetts.

In addition, the law streamlines the process for launching more police and fire cadet programs, which have been valuable options to diversify Civil Service departments in the Commonwealth. These programs will no longer require approval by the Legislature. Rather, cadet program appointments can be made via the hybrid pathway after program approval by HRD. The cadet program flexibility for police is made permanent, while the fire cadet program provision is set to expire in 10 years, on Jan. 1, 2035.

Special legislation to depart Civil Service
The new law resolves obstacles faced by communities with departments that had already decided to depart the Civil Service system within the past couple of years, as many of their home rule petitions still await action by the Legislature.

The law includes language to allow active special legislation exempting either positions or departments to not require further action by the Legislature (as long as the petition was filed between Jan. 4, 2023, and July 31, 2024). Instead, cities or towns still seeking an exemption under this provision will need to submit a letter indicating such to the state’s Human Resources Department, the Civil Service Commission, and the Legislature. Letters should be signed by the mayor or city manager, in the case of a city, or the chair of the select board or town manager, in the case of a town; as well as the police chief or fire chief, as applicable, of the department seeking the exemption. Such letters must be submitted by Feb. 15, 2025, with departmental or position exemptions taking effect on March 1, 2025.

Special commission
The Special Legislative Commission to Study and Examine the Civil Service Law, established by Chapter 253 of the Acts of 2020, known as the Policing Reform Law, included numerous stakeholders brought together to investigate potential reforms to modernize the Civil Service system, including reducing unnecessarily long onboarding timelines, providing needed flexibility for hiring, and using attributes outside of taking a test. The panel was co-chaired by Rep. Ken Gordon and Sen. Michael Brady, who also co-chair the Legislature’s Joint Committee on Public Service. The MMA’s representative on the commission was Danvers Assistant Town Manager Jen Breaker.

After issuing an interim final report in the spring of 2022, the commission reconvened in late 2023 to further its legislative recommendations.

A special commission presentation on key concepts of its proposal is available on the MMA website.

As part of the new civil service law, a modified version of the special commission will be made permanent to focus on improving the “recruitment, hiring and retention of municipal police officers and firefighters in Massachusetts.” The commission will include many stakeholders, including representatives of the MMA, mayors, municipal human resources, police/fire chiefs, and more.

In the coming months, the MMA will be working with the HRD and the Civil Service Commission to further communicate the changes now available to cities and towns. For more information or questions, contact Dave Koffman at dkoffman@mma.org.