BOSTON – The Massachusetts House of Representatives and Senate met in formal sessions on Thursday, Nov. 14 to vote to pass an economic development legislation package that includes a provision that will clear the way for Worcester Interim Chief of Police Paul Saucier to become the city’s next permanent chief.
City Manager Eric Batista appointed Saucier as interim police chief on Sept 1, 2023, after the retirement of then-Chief of Police Steven Sargent.
See more about the nearly $25 million in allocations to Worcester, and nearly $30 million to the rest of Worcester County in the bill, here.
A provision in the bill passed on Thursday exempts the chief of police and deputy chiefs positions from the state’s civil service system, enabling Batista to appoint Saucier to the position permanently.
Other Worcester County municipalities affected by the civil service provisions within the bill include:
Millbury – S. 1707 – to exempt officers in the town of Millbury police department from the civil service law.
Charlton – S. 1654 – to authorize the town of Charlton to remove police department positions from civil service
Gardner – H.2690 – to exempt certain positions in the police department from certain provisions of the civil service law
Lancaster – H.2571 – to exempt the position of police chief in said town from the provisions of the civil service law
Civil Service Provisions in the Bill
The bill, H.5100, contains nearly $4 billion in spending, including bond authorizations and tax credits aimed at the life sciences and climate technology industries, is designed to finance improvements to the commonwealth’s economic infrastructure, drive industry innovation, and promote economic opportunity and job creation.
Section 284 of the 320 page bill says, in part:
“Notwithstanding chapter 31 of the General Laws or any other general or special law to the contrary, a city or town, on behalf of which legislation has been duly filed with the general court between January 4, 2023 and July 31, 2024, inclusive, to remove any or all positions within the police or fire department of the city or town and which includes an documented local approval as acknowledged by the clerk of the senate or house of representatives, may exempt any position within the police or fire department as specified within such legislation without the need for any further action by the general court on such legislation.”
Chapter 31 of Massachusetts General Laws covers the state’s civil service system.
The Massachusetts Civil Service system, first implemented in 1884, is a standardized testing system that determines hiring and promotions eligibility based on a multiple-choice test. Few other factors are allowed for consideration, which primarily prioritizes memorization of test material over all other characteristics.
The City of Worcester submitted a petition filed in the legislature in April that seeks to exempt its police department’s chief of police and deputy chiefs of police from the civil service system.
That petition became H.4590, which was referred to the Joint Committee on Public Service on April 26. The committee held a hearing on the bill in May, but took no further action.
The Path to the Legislature
The path to ending civil service for the chief of police and deputy chiefs in Worcester began with a report released in March, titled “Racial Equity Audit of the Worcester Police Department.” That report makes 34 total recommendations in its conclusion, including the following two recommendations related to civil service.
The report provides two recommendations with its finding:
- The City, in consultation with WPD stakeholders, should consider removal from the Massachusetts civil service system, enabling the department to tailor its hiring and promotion policies more effectively in order to advance equity and diversity; and
- The City, in consultation with WPD stakeholders, should consider revising promotions criteria to give additional weight to experience and other valued characteristics.
City Manager Eric Batista presented the report to the city council on March 19. During the same meeting, the city council unanimously voted, 10 – 0 (Councilor Kate Toomey absent), to authorize the city to file a petition to exempt the chief of police and deputy chief of police positions from civil service.
The Worcester Human Rights Commission unanimously recommended City Manager Batista move Worcester away from the civil service system on May 6.
Civil Service Complaint Filed by Deputy Chiefs
In August, Worcester Police Deputy Chiefs Sean Fleming, Edward McGinn and Carl Supernor petitioned the state’s Civil Service Commission to investigate if the city is complying with state Civil Service law in selecting the next permanent chief. The Civil Service Commission held a hearing on the matter on Aug. 20.
On Sept. 5, the Worcester Regional Research Bureau released a report titled, “Mass. Exodus from Civil Service: Examining Worcester’s Proposal to Exempt Police Leaders Amidst Statewide Shifts.” A column (which includes commentary) published by This Week in Worcester on Sept. 3 contains further information about this report and the challenge to Saucier’s leadership.
On Oct. 17, the Civil Service Commission published a response to the complaint filed by Fleming, McGinn, and Supernor. It said that the deputy chiefs presented sufficient evidence that a commission investigation may find that the city has violated the state Civil Service Laws since at least April 9, 2024. The commission said that the city has failed to fill the position for 13 months, and that the city represented 13 months ago that it was taking steps to fill the position, but later rescinded the claim.
H.5100, now passed by both the House and Senate, goes to Governor Maura Healey for signature into law. Healey originally submitted the bill to the legislature in February. The legislature added the provisions related to civil service.
Healey has pushed for the bill to be sent to her desk before the end of this year. The legislature convened the special formal session on Nov. 14 to take up the bill after the conference report filed last week showed the House and Senate had agreed on its text.
Healey is widely expected to sign the bill when it reaches her desk.
City Manager Batista, Mayor Joe Petty, and several other city officials have openly supported Saucier’s appointment as the next chief of police. Once signed into law, Batista can formally appoint Saucier to the position.
With the chief of police and deputy chiefs positions exempted from the civil service system, the Civil Service Commission will no longer have jurisdiction over appointment to those positions.
Image Credit: Joseph D. Early Jr., Worcester County District Attorney’s Office/ Facebook
