Agenda Text
title
Chief Labor Counsel submitting an update to #209582, a proposed Home Rule Petition to authorize the appointment of Special Firefighters, as approved by the Legislative Matters Committee on 1/28/20.
body
Official Text
Dear Honorable City Councilors:
Pursuant to the Legislative Matters Committee’s request at their meeting on January 28, 2020, attached is an amendment to Section 5 of the Home Rule Petition Authorizing the Appointment of Special Firefighters in the City of Somerville. A red-lined copy and clean copy are attached for your information.
I also write to confirm that Special Firefighters performing fire details in the City meet the definition of a “public employees” under G. L. c. 258, § 1, the Massachusetts Tort Claims Act. To the extent required by the statute, the City would defend and indemnify Special Firefighters for their own negligent or wrongful acts or omissions committed while performing a fire detail in the City. If a Special Firefighter is injured during the course of the detail due to a 3rd party’s action (the Special FF is hit by a car, for example), the Special Firefighter would be able to pursue an action for damages against the negligent party directly.
I believe this responds to the questions raised by the Legislative Matters Committee on this item during the January 28th meeting.
Sincerely,
Julie M. McKenzie
Chief Labor Counsel