[Adopted 1990 ATM by Art. 14 (Art. 12A of
the General Bylaws)]
The Personnel Board shall draft, and may from
time to time amend, a set of qualifications and procedures for the
selection of a Police Chief, one of which shall be at least seven
years of police experience, except that each year of supervisory experience
in the rank of Sergeant or higher shall count for two years. The set
of qualifications and procedures shall be filed with the Town Clerk
as a public record.
Prior to making an appointment, the Selectmen
shall cause notice of the availability of the position to be posted
in places in the Town where notices to employees are generally posted
and to be advertised in a newspaper of general circulation in the
Town and in such other publications as can be reasonably expected
to give notice to qualified applicants.
A.
At least 60 days after publication of the first notice
of the availability of the position, the appointment shall be made
by the Board of Selectmen in accordance with the qualifications and
procedures on file with the Town Clerk, except that one or more of
the qualifications or procedures may be waived by the Board of Selectmen.
B.
Pursuant to MGL c. 41, § 97A, the Board
of Selectmen will appoint a Police Chief annually or for a term not
exceeding three years as the Selectmen shall determine.
[Amended 5-3-2010 ATM
by Art. 15]
Without his consent in writing, the Police Chief
shall not be discharged, removed, suspended for a period exceeding
five days, lowered in rank or compensation, nor shall his position
be abolished, except for just cause and for reasons specifically given
to him in writing by the Board of Selectmen. At least three days after
the Selectmen have given the Police Chief a written statement of the
specific reasons for the contemplated action, he shall be given a
full hearing before them or before a hearing officer appointed by
them for that purpose. Within 10 days after the hearing, the Police
Chief shall be given a written notice of the decision of the Board
of Selectmen stating fully and specifically the reasons therefor.
A.
Suspension. A suspension of the Police Chief for a
period not exceeding five days may be made by the Chairperson of the
Board of Selectmen only for just cause. Within 24 hours of his suspension
the Police Chief shall be given written notice stating the specific
reasons for the suspension and informing him that he may, within 48
hours of the receipt of the notice, request in writing a hearing by
the Board of Selectmen on the question of whether there was just cause
for the suspension. Such a hearing will be held within seven days
of receipt of the written notice by the Chief. Within seven days after
the hearing the Board of Selectmen shall give the Chief written notice
of its decision. By a majority vote, the Board of Selectmen may find
that the suspension was for just cause, or may reduce the number of
days of the suspension, or may find that it was without just cause.
If the suspension is found to be without just cause, the Chief shall
be deemed not to have been suspended and he shall be entitled to compensation
for the period for which he was suspended. If the number of days of
the suspension are reduced by the full Board after hearing, the Chief
shall receive compensation based on the number of days restored.
B.
Public hearing. Any hearing under this section shall
be public, if requested in writing by the Police Chief, and he shall
be allowed to answer the charges against him either personally or
through counsel.
C.
Right to arbitration. Should the Police Chief be aggrieved
by a decision of the Board of Selectmen he may, within 30 days following
the receipt of such decision, file a written notice of demand for
arbitration with the Board of Selectmen and the American Arbitration
Association. Within 30 days of the receipt of such notice of demand
the Board of Selectmen shall file with the American Arbitration Association
a complete copy of all proceedings before it, certified by the Clerk
of the Board, and it may file any other supplementary documents or
statements as may pertain to such matter. The matter shall then be
settled by arbitration in the Town of Westwood or within Norfolk County
in accordance with the rules then existing of the American Arbitration
Association. Such arbitration shall take place as soon as reasonably
possible thereafter. In no event shall such arbitration take place
after the date when institution of legal or equitable proceedings
based on such aggrieved decision would be barred by the applicable
statute of limitation.
D.
Judgment on arbitration.
(1)
The decision rendered by the arbitrators shall be
final, and judgment may be entered upon it in accordance with applicable
law in any court having jurisdiction thereof. In rendering its decision,
the arbitrators shall consider whether or not the Board of Selectmen's
decision is:
(a)
In violation of constitutional provisions;
(b)
In excess of the authority of the Board of Selectmen;
(c)
Based upon an error of fact or law;
(d)
Made upon unlawful procedure;
(e)
Unsupported by substantial evidence;
(f)
Arbitrary or capricious, an abuse of discretion,
or otherwise not in accordance with law.
(2)
If the arbitrators find that the decision of the Board
of Selectmen should be reversed, the Police Chief shall be reinstated
in his position without the loss of compensation. The decision of
the arbitrators shall be final and conclusive.
E.
Delivery of notice. Any notice required under this
section may be delivered by hand to the address shown in the records
of the Town. A certificate of the person mailing the notice shall
be proof of giving notice.
