Civil Service Commission Confirms Unions Can Negotiate Contracts That Allow Police/Fire to Live Beyond 10 Miles Or Outside Commonwealth
The Commonwealth of Massachusetts has long treated police officer and fire fighters differently from other public employees in terms of where they may live. For decades, state law has forced police officers and fire fighters to live within 15 miles of their employer. Police officers and fire fighters who work in civil service communities -- which include all Massachusetts Cities and many towns -- arguably faced even tighter restrictions. Civil service police and fire arguably must live within 10 miles of their employer and also within the Commonwealth.
Recently, the Civil Service Commission acknowledged a significant change to the legislation enacted in 2013 that removes unnecessary residency barrier for police and fire fighters. The legislature amended Chapter 31, Section 58A to allow for police and fire to live beyond the 10-mile boundary if pursuant to a collective bargaining agreement. The allowed civil service police and fire unions to negotiate (or recognize past practices) that provide the same flexibility on residency enjoyed by their co-workers.
The attached Commission is important for several reasons. One, it affirms that Section 58A allows contract language to override the law's requirement that civil service police and fire employees live in the Commonwealth. Unions now can negotiate language that allows employees to live in other states. Second, the decision supports that Section 58A allows civil service police and fire to live more than 15 miles away and not just up to 15 miles. Some communities have asserted that police and fire, regardless of contract language that overrides Section 58A, still must live within 15 miles under G.L. c. 41, Section 99A. The residency clause at issue in the attached decision allowed officers to live up to 25 miles away. While Section 99A was not analyzed, the Commission decision is helpful to support argument for greater residency flexibility.
Third, the decision reflects that Human Resources Division also agrees that unions can negotiate residency for civil service police and fire beyond 10 miles. Finally, the decision is noteworthy because it allows communities to negotiate residency clauses that have retroactive effect. In the case, there was no contract language allowing the promotional candidate to live outside of Massachusetts at the time he sat for the exam. But there was language by the time the Commission rendered its decision.
