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Date: 5/17/2022
AMHERST – Gov. Charlie Baker has signed fire chief legislation submitted by Amherst’s town council, known as bill H.4593, to allow Amherst to continue employing Walter “Tim” Nelson as their fire chief past the regularly-allowed age of 65. Town Manager Paul Bockelman originally submitted a memo requesting the legislation on Dec. 21, 2021. Nelson turned 65 in April.
Section 1 of the bill establishes that “Notwithstanding any general or special law to the contrary, town of Amherst Fire Chief Walter (Tim) Nelson may continue in such position until reaching the age of 70; provided, however, that he is mentally and physically capable of performing the duties of such position. The town manager may, at the expense of said fire chief, require him to be examined by an impartial physician designated by the town manager to determine such capability.”
When the legislation first went to the House and Senate in late January, the bill had no cap on how long Nelson could continue. The House eventually added the age of 70 stipulation before a three-month-long review process. Baker signed the bill on April 28.
Bockelman said in his Town Manager Report on May 2 that the legislation would not have been passed without the “intense efforts” of state Sen. Jo Comerford and state Rep. Mindy Domb and their staffs.
“Their effectiveness in getting this piece of legislation passed through all the legislative hurdles is greatly appreciated,” Bockelman said.
The legislation passed despite public disapproval of the bill from the Amherst Firefighters’ Union, Local 1764. The union cited staffing needs and thought it was time for someone new to take over while Bockelman was encouraged by Nelson’s service to the community and ability to secure funding in the past. Bockelman’s report announces six firefighter applicants who were offered positions.
“If all pass background checks and accept the positions, this will be a significant new addition to the department,” Bockelman said. “Some of these positions will fill recent vacancies created by retirements or resignations and some are being supported by ARPA funds.”
Comerford said that despite her and Domb sponsoring the bill, it was more the work of the town that got it to the state level, where Comerford said she picked up the baton.
“This is something called a home-rule petition which is when the city or town that we represent makes a decision that needs a legislative response – a state legislative response so that’s our job,” Comerford explained. “We facilitate the town’s wishes in this proposition, it’s not our own bill.”
Section 2 of the bill adds, “No further deductions shall be made from the regular compensation of Fire Chief Walter (Tim) Nelson under chapter 32 of the General Laws for any service performed subsequent to reaching age 65. Upon the retirement from the office of fire chief, Walter (Tim) Nelson shall receive a superannuation retirement allowance equal to that to which he would have been entitled had he retired upon reaching age 65, if any.” Section 3 establishes that this bill won’t entitle Nelson to remain in service if otherwise removed before the fourth and final section confirms that the act shall take effect upon its passage.