Chapter 511 of the Acts of 1975 (approved 8-13-1975) as amended by Chapter 241 of the Acts of 1979 (approved 6-1-1979) and Chapter 196 of the Acts of 2010 (approved 7-29-2010):
An Act Providing That Members of the Police Department of the Town of Dudley Be Exempt From the Civil Service Law and Rules and Further Providing for the Appointment of Said Members.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Notwithstanding any contrary provision of law, appointments to the police department of the town of Dudley shall not be subject to the civil service law and rules.
Section 2. Appointments to the police department of the town shall be subject to rules and regulations established by a committee of 5 members consisting of the town administrator, the chief of police and 3 members appointed by the town moderator, 2 of whom shall be members of the board of selectmen and 1 of whom shall be a member of the finance committee of the town.
Section 3. The provisions of section one of this act shall not impair the civil service status of any member of the police department of the town of Dudley who holds such status on the effective date of this act and any member of said police department who on the effective date of this act is serving his probationary period as required by chapter thirty-one of the General Laws shall, upon the satisfactory completion of such probationary period, be deemed to have been permanently appointed as a member of the police department of said town under the civil service law.
Section 4. This act shall take effect upon its passage.
Superior Court No. 88-3003 1990:
It is Ordered, Adjudged and Decreed:
1.
The Town of Dudley Police Rules Committee established under c. 511, section 2 of the 1975 Acts and Resolves of the Legislature may make reasonable rules and regulations governing initial or original appointments to the Police Department. Establishing a "Police Evaluating Committee" to make recommendations regarding initial or original appointments to the Town of Dudley Board is within the scope of the authority granted by the legislature of the Town of Dudley's Police Rules Committee.
2.
The Town of Dudley Rules Committee does not have the authority to create an appellate body to review the promotions, demotions or termination decisions made by the Board pursuant to their authority under MGL c. 41, Section 97A.
3.
The rules governing promotions, demotions, termination and other general personnel policies of the Police Department with the sole exception of appointments are those rules created by the police chief and approved by the Board under authority of G.L. 41, Section 97A
4.
The Town of Dudley's subsequent passage of c 511 adopted rules and regulations incorporating G.L. c. 31, Section 43. The Town of Dudley does not have the right to confer jurisdiction on an agency of the Commonwealth. The Town however, must attempt to comply with the provisions of G.L. c 31, Section 43 in so far as possible as it existed at the time the Town adopted the rules and regulations.
5.
The Town of Dudley shall adopt rules and regulations governing police personnel conforming to laws of the Commonwealth.