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Home My Public Portal About2017-04-25 Authorizing Special Act - Funeral-Burial Expenses of Firefighter Joseph ToscanoMichael J. Driscoll Town Manager TOWN OF WATERTOWN Office of the Town Manager Administration Building 149 Main Street Watertown, MA 02472 Phone:617-972-6465 www.watertown-nia.gov towningr@watertown-rna.gov To: Honorable Town Council~` --- From: Michael J. Driscoll, Town Manager Date: April 25, 2017 RE: Agenda Item — A Resolution Authorizing the Filing of a Special Act to Pay the Funeral and Burial Expenses of Firefighter Joseph Toscano As you are aware, on March 17, 2017 Firefighter Joseph Toscano died while responding to a house fire while in the performance of his duties to the Town. There are two local option statutes, Massachusetts General Law Chapter 41, Section 100G and Massachusetts General Law Chapter 41, Section 100G1/4 concerning payment of funeral and burial expenses of firefighters and police officers killed in performance of duties (see attachments). Neither of these two local option statutes has been accepted by the Town. Given that fact, and in order to provide a mechanism for the payment of the funeral and burial expenses of Firefighter Joseph Toscano, I respectfully request the Honorable Town Council's favorable consideration in adopting the attached Resolution authorizing the filing of a Special Act. Thereafter, if the Honorable Town Council approves the Resolution, I would bring forward two agenda items at the May 9th Town Council Meeting. One agenda item would be a transfer of funds request in order to pay for the funeral and burial expenses of Firefighter Toscano. Another agenda item would be a request for the Honorable Town Council to adopt Massachusetts General Law Chapter 41, Section 100G1/4 which, in the event such an unfortunate incident should occur, would allow for the payment of funeral and burial expenses of a firefighter or police officer killed in the performance of duties for the Town, up to the amount of $15,000, cc: Steven Magoon, Community Development and Planning Director/Assistant Town Manager Thomas J. Tracy, Town Auditor/ Asst. Town Manager for Finance Nancy J. Heffernan, Treasurer/Collector Mario A. Orangio, Fire Chief Michael Lawn, Police Chief Mark R. Reich, Esquire, KP Law Joseph S. Fair, Esquire, KP Law RESOLUTION # R-2017- RESOLVED: A RESOLUTION AUTHORIZING THE FILING OF A SPECIAL ACT TO PAY THE FUNERAL AND BURIAL EXPENSES OF FIREFIGHTER JOSEPH TOSCANO WHEREAS, Joseph Toscano served as a firefighter for the City known as the Town of Watertown for over twenty (20) years; and WHEREAS, on March 17, 2017 Firefighter Toscano died while responding to a house fire while in the performance of his duties for the Town. NOW THEREFORE BE IT RESOLVED that the Town Council of the City known as the Town of Watertown hereby authorizes the filing of a petition with the General Court for special legislation to authorize the Town to pay the funeral and burial expenses of Firefighter Toscano, as follows: AN ACT AUTHORIZING THE TOWN OF WATERTOWN TO PAY THE FUNERAL AND BURIAL EXPENSES OF FIREFIGHTER JOSEPH TOSCANO SECTION 1. Notwithstanding the provisions of section 100G'/a of chapter 41 of the General Laws or any other general or special act to the contrary, the City known as the Town of Watertown is hereby authorized to pay the reasonable expenses, not exceeding $15,000.00, of the funeral and burial of firefighter Joseph Toscano who died while in the performance of his duties for the Town, and all related actions of the Town are hereby ratified, validated and confirmed. SECTION 2. This act shall take effect upon its passage. and BE IT FURTHER RESOLVED, that the General Court may make clerical or editorial changes of form only to the proposed special act, unless the Town Council approves amendments prior to enactment by the General Court. Council Member I hereby certify that at a regular meeting of the Town Council for which a quorum was present, the above Resolution was adopted by a vote of for, against and present on April 25, 2017. Marilyn W. Pronovost Clerk of the Council Mark S. Sideris Council President Section ING Page 1 of Part I ADMINISTRATION OF THE GOVERNMENT Title VII CITIES, TOWNS AND DISTRICTS Chapter 41 OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS Section PAYMENT OF FUNERAL AND BURIAL EXPENSES OF FIRE 10OG FIGHTERS AND POLICE OFFICERS KILLED IN PERFORMANCE OF DUTIES; ACCEPTANCE OF SECTION Section 100G. Any city operating under a Plan D or Plan E charter, by the affirmative vote of a majority of its city council or any other city, by a majority vote of its city council with the approval of its mayor, and any town, by a majority vote at an annual or special town meeting, shall pay the reasonable expense, not exceeding two thousand dollars, of the funeral and burial of any firefighter who while in the performance of his duty and as a result of an accident while responding to or returning from an alarm or fire or any emergency or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which he is riding or while at the scene of a fire or any emergency is killed or sustains injuries which result in his death, or of any police officer who while in the performance of his https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4l/Section100G 4/25/2017 Section 100G Page 2 of 2 duty and as the result of an assault on his person, or a result of an accident while responding to an emergency while in the performance of his official duty or as result of an accident involving a police department vehicle which he is operating or in which he is riding is killed or sustains injuries which result in his death. The provisions of this section shall become effective in a'-, city or town when accepted by such city or town. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4l/Section100G 4/25/2017 Section 100G1/4 Page 1 of 2 Part I Title VII ADMINISTRATION OF THE GOVERNMENT CITIES, TOWNS AND DISTRICTS Chapter 41 OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS Section PAYMENT OF FUNERAL AND BURIAL EXPENSES OF 100G1/4 FIREFIGHTERS AND POLICE OFFICERS KILLED IN PERFORMANCE OF DUTIES; ACCEPTANCE OF SECTION ..................._...... Section 100G1/4. A city operating under a Plan D or Plan E charter, by the affirmative vote of a majority of its city council or any other city, by a majority vote of its city council with the approval of its mayor and a town or a fire or water district, by a majority vote at an annual or special town meeting or a fire or water district meeting, shall pay the reasonable expenses, not exceeding $15,000, of the funeral and burial of. (i) a firefighter who, while in the performance of the firefighter's duty and as a result of an accident while responding to or returning from an alarm or fire or any emergency or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which the firefighter is riding or while at the scene of a fire or any emergency, is killed or sustains injuries which https://malegistature.govILaws/GeneralLaws/PartI/TitleVIIlChapter4llSection100G1-4 4/25/2017 Section 100G1/4 Page 2 of 2 result in the firefighter's death; or (ii) a police officer who while in the performance of the police officer's duty and as the result of an assault on the police officer's person or a result of an accident while responding to an emergency while in the performance of the police officer's official duty or as result of an accident involving a police department vehicle which the police officer is operating or in which the police officer is riding, is killed or sustains injuries which result in the police officer's death. No payment shall be made under this section in the absence of adequate documentation that the expense has actually been incurred. This section shall become effective in a city, town or a fire or water district when accepted by the city, town or the fire or water district. In those cities or towns which accept this section, section I OOG shall not be applicable. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter4I/Section100GI-4 4/25/2017