Special Municiple Employee - 1981 - COI-SME Statute

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MEMO: - CONDUCT OF PUBLIC OFFICIALS AND EMPLOYEES CHAPTER 268A A "municipal employee" as defined in Chapter 268A, Section I(g) is "a person performing services for or holding an office, position, employment or membership in a municipal agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent or consultant basis, but excluding (1) elected members of a Town Meet- ing and (2) members of a Charter Commission established under Article LXXXIX of the Amendments to the Constitution.'' A SPECIAL MUNICIPAL EMPLOYEE IS DEFINED IN SECTION l(n) AS "A MUNICIPAL EMPLOYEE WHO IS NOT A MAYOR, A MEMBER OF A BOARD OF ALDER- MEN, A MEMBER OF A CITY COUNCIL, OR A SELECTMAN IN A TOWN WITH A POPULATION IN EXCESS OF 1,000 PERSONS, AND WHOSE POSITION OR EMPLOY- MENT HAS BEEN EXPRESSLY CLASSIFIED BY THE CITY COUNCIL, OR BOARD OF ALDERMEN IF THERE IS NO CITY COUNCIL, OR THE BOARD OF SELECTMEN, AS THAT OF A SPECIAL EMPLOYEE UNDER THE TERMS AND PROVISIONS OF THIS CHAPTER. SUCH CLASSIFICATION SHALL BE MADE BY EMPLOYING STANDARDS REASONABLY RELATED TO THE TERMS AND PROVISIONS OF THIS CHAPTER AND ALL EMPLOYEES WHO HOLD EQUIVALENT OFFICES, POSITIONS, EMPLOYMENT OR MEMBERSHIP IN THE SAME MUNICIPAL AGENCY SHALL HAVE THE SAME CLASSI- FICATION. ALL EMPLOYEES OF ANY CITY ORTOWNWHEREIN NO SUCH CLASSI- FICATION HAS BEEN MADE SHALL BE DEEMED TO BE "MUNICIPAL EMPLOYEES", AND SHALL BE SUBJECT TO ALL OF THE PROVISIONS OF THIS CHAPTER WITH RESPECT THERETO WITHOUT EXCEPTION." You can see from the foregoing that Chapter 268A draws a very clear distinction between a municipal employee and a special munici- pal employee. I want to particularly call to your attention that part of the definition of special municipal employee which states that all employees, where no such classification has been made, shall be deemed to be municipal employees within the meaning of the act. This is rather important as you will see in a subsequent part of this memorandum.