General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE VII. CITIES, TOWNS AND DISTRICTS |
CHAPTER 41. OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS |
SECTION 1. Town officers to be elected; tenure |
SECTION 1A. District defined |
SECTION 1B. Appointed town offices and boards; acceptance by voters |
SECTION 2. Establishment of new board or office; effect; increase or decrease in board membership or number of officers |
SECTION 3. City officers; powers and duties |
SECTION 4. Penalty for failure to choose selectmen or assessors |
SECTION 4A. Members of town and district boards eligible to hold other offices; salary |
SECTION 5. Voting list; use |
SECTION 6. Use of official ballots; towns authorized to provide for |
SECTION 7. Use of official ballot; determination of extent |
SECTION 8. Handling of ballots |
SECTION 9. Handling of ballots after tabulation; sealing |
SECTION 10. Failure to elect; procedure to fill vacancy; notice |
SECTION 11. Appointment to fill vacancy in town office |
SECTION 12. City clerks; tenure |
SECTION 13. Bond of town clerk |
SECTION 13A. Bond of city clerk |
SECTION 13B. Renewal of licenses and permits; delegation of authority |
SECTION 14. Temporary clerk |
SECTION 15. Town clerks; powers and duties |
SECTION 15A. Certification of appropriations |
SECTION 16. Oaths of town officers; return of certificate |
SECTION 17. Filing of city contracts; penalty for noncompliance |
SECTION 18. Assistant city clerk |
SECTION 18A. Records of city clerk; attestation |
SECTION 18B. Facsimile signatures of city clerk or assistant city clerk |
SECTION 19. Assistant town clerks; powers and duties; compensation |
SECTION 19A. Certificate of appointment or election of clerk; filing requirements |
SECTION 19B. City and town clerks; tenure of office |
SECTION 19C. Acceptance of Sec. 19B; procedure; petition |
SECTION 19D. Removal or suspension of clerk having permanent tenure |
SECTION 19E. Procedure for filling vacancy following death or removal of clerk having permanent tenure |
SECTION 19F. Additional compensation for serving as clerk of city council |
SECTION 19G. Additional compensation for serving as member of registrars of voters |
SECTION 19H. Maximum amount of additional compensation for serving as member of registrars of voters |
SECTION 19I. Additional compensation for serving in other city or town positions |
SECTION 19J. Additional compensation for serving as member of board of registrars of voters |
SECTION 19K. Additional compensation for town clerk |
SECTION 20. Selectmen; duties and oath; penalty |
SECTION 21. Authorization for selectmen to act as or appoint other town officers |
SECTION 21A. Removal of persons appointed to positions of chief of police or head of municipal police department |
SECTION 22. Officers appointed by selectmen; tenure; compensation; vacancies |
SECTION 23. Rescission of vote by selectmen; election of other officers; tenure |
SECTION 23A. Executive secretary or town administrator; appointment; tenure |
SECTION 23B. Town departments; investigations and reports |
SECTION 23C. Persons acting on behalf of selectmen; appointment and removal |
SECTION 23D. Municipal data processing centers |
SECTION 24. Assessors; number; method of selection; tenure |
SECTION 24A. Repealed, 1937, 129, Sec. 1 |
SECTION 25. Appointment by selectmen; tenure of office |
SECTION 25A. Assistant assessors; appointment by assessors; duties; compensation; tenure |
SECTION 26. Appointment by selectmen where town so votes |
SECTION 26A. Employment of counsel in certain proceedings |
SECTION 27. Repealed, 2016, 218, Sec. 53 |
SECTION 28. Powers and duties of assistant assessors |
SECTION 29. Oath of office; penalty for failure to take oath |
SECTION 30. Penalty for false valuation |
SECTION 30A. Vacancies; effect on powers of remaining assessors |
SECTION 30B. Agreements for joint and cooperative assessment, classification and valuation of property |
SECTION 31 to 34. Repealed, 1967, 658, Sec. 5 |
SECTION 34A. Repealed, 1931, 426, Sec. 156 |
SECTION 34B. Identification of husbands and wives in documents and communications |
SECTION 35. Bond of treasurer; duties |
SECTION 36. Powers of treasurer; prosecution of actions |
SECTION 37. Repealed, 2016, 218, Sec. 55 |
SECTION 38. Powers of tax collector |
SECTION 38A. Collection of accounts due city or town; powers and duties of tax collector |
SECTION 39. Collection of taxes by constable |
SECTION 39A. Assistant treasurer |
SECTION 39B. Repealed, 2016, 218, Sec. 56 |
SECTION 39C. Assistant collector |
SECTION 40. Temporary town officers |
SECTION 41. Payment of compensation; oath |
SECTION 41A. Delivery of payroll checks to department heads |
SECTION 41B. Payment of public employees by direct bank credits |
SECTION 41C. Deposits in credit union; pension or retirement allowances |
SECTION 42. Contents of pay roll |
SECTION 43. Penalty for violations of compensation payment provisions |
SECTION 43A. Defense of actions against treasurers and collectors; indemnification |
SECTION 44. Sinking fund commissioners; election; tenure; appointment of secretary and treasurer |
SECTION 45. Board of commissioners of trust funds; membership; powers and duties |
SECTION 45A. Commissioners in towns under five thousand population |
SECTION 46. Town treasurer; duties; bond |
SECTION 47. Powers and duties |
SECTION 48. Tenure of city auditor |
SECTION 49. Vacancy in office of auditor |
SECTION 49A. Assistant auditors; powers and duties; compensation |
SECTION 50. Powers and duties of auditors |
SECTION 51. Accounts payable; notice to creditors; part payments |
SECTION 52. Approval of bills |
SECTION 53. Auditing of public trusts |
SECTION 54. Notice to auditor of payment of public funds to treasurer |
SECTION 54A. Notification to assessors of receipts |
SECTION 55. Town accountant; tenure; powers and duties |
SECTION 56. Warrants for payment of bills |
SECTION 57. Books of account and financial records |
SECTION 58. Duties; notice of condition of appropriations; record of appropriations |
SECTION 59. Annual estimates; furnishing to town accountant |
SECTION 60. Table of estimated appropriations |
SECTION 61. Annual report |
SECTION 61A. Appointment of temporary officers upon vacancy of certain offices; tenure; bond; removal; powers and duties |
SECTION 62. Highway surveyor; duties |
SECTION 63. Road and sewer commissioners |
SECTION 64. Road commissioners; powers and duties |
SECTION 65. Sewer commissioners; powers and duties |
SECTION 66. Superintendent of streets; appointment; tenure |
SECTION 67. One superintendent of streets for two or more towns |
SECTION 68. Superintendent of streets; powers and duties |
SECTION 69. Superintendent of water or sewer department |
SECTION 69A. Water commissioners; election; tenure; quorum; vacancies |
SECTION 69B. Water commissioners; powers and duties |
SECTION 69C. Submission of adoption of board of public works to electorate; ballot |
SECTION 69D. Board of public works; membership; election; tenure; powers and duties |
SECTION 69E. Superintendent of public works; appointment; powers and duties |
SECTION 69F. Submission to voters of revocation of acceptance; conditions; effect |
SECTION 69G. Office of lands and natural resources; establishment; powers and duties; director and assistants |
SECTION 70. Planning board; duties |
SECTION 71. Annual report |
SECTION 72. Ordinances and by-laws |
SECTION 73. Board of survey; membership; length of existence; suspension of powers and duties |
SECTION 74. Approval of plans filed by citizens |
SECTION 75. Preparation of plans by board |
SECTION 76. Substitution of new plans |
SECTION 77. Construction or alteration of public ways; restrictions |
SECTION 78. Recordation of plan; necessity of approval by board |
SECTION 79. Entry upon lands by board of survey for examinations and surveys |
SECTION 80. Establishment and discontinuance of exterior way lines |
SECTION 81. Damages |
SECTION 81A. Planning board; establishment; membership; tenure; vacancies |
SECTION 81B. Planning board; powers and duties |
SECTION 81C. Studies and reports of board; acting as park commissioners |
SECTION 81D. Master plan; economic development supplement |
SECTION 81E. Official map; purpose; recordation |
SECTION 81F. Alteration of official map; damages for injuries |
SECTION 81G. Applicability of municipal planning laws to municipal powers over public ways and parks |
SECTION 81H. Part of official map; laying out, altering or relocating public ways |
SECTION 81I. Duties of municipalities having no official map in respect to construction of ways; reference to planning board |
SECTION 81J. Establishment and discontinuance of exterior lines of ways in municipalities with planning boards; damages for injuries |
SECTION 81K. Designation of subdivision control law |
SECTION 81L. Definitions for subdivision control law under Secs. 81K to 81GG |
SECTION 81M. Purpose of subdivision control law |
SECTION 81N. Territorial extent of law; acceptance by municipalities |
SECTION 81O. Regulation of new subdivisions |
SECTION 81P. Approval of plans not subject to control law; procedure |
SECTION 81Q. Planning board; adoption of rules and regulations |
SECTION 81R. Waiver of strict compliance with rules and regulations |
SECTION 81S. Submission of preliminary plan; approval or disapproval; recording |
SECTION 81T. Notice of submission of plan; hearing |
SECTION 81U. Approval, modification or disapproval of plan by board; prerequisites for decision |
SECTION 81V. Final approval of plan; endorsements; certificate |
SECTION 81W. Modification, amendment or rescission of approval of plan; conditions |
SECTION 81X. Requirements for registration of plan |
SECTION 81Y. Restrictions on construction of public ways, improvements and buildings; liability of grantors, etc.; court jurisdiction |
SECTION 81Z. Board of appeals; membership; tenure; removal; vacancies; jurisdiction |
SECTION 81AA. Board of appeals; rules; meetings; powers and duties; hearings |
SECTION 81BB. Appeal to superior court; counsel; costs; surety or bond; speedy trial |
SECTION 81CC. Powers of planning boards; entry on lands |
SECTION 81DD. Application of subdivision control law; damages |
SECTION 81EE. Recordation; evidence that subdivision control law is in effect; suspension |
SECTION 81FF. Application of subdivision control law on registered and unregistered land; jurisdiction of land court |
SECTION 81GG. Powers of planning boards established under prior law; severability provision |
SECTION 82. Authority to establish art commissions |
SECTION 83. Appointment; membership; compensation; tenure; removal |
SECTION 84. Powers and duties; penalty |
SECTION 85. Weighers, measurers and surveyors of goods or commodities; appointment; qualifications; tenure; removal |
SECTION 86. Powers and duties; penalty for misrepresentation |
SECTION 87. Applicability of Secs. 85 and 86 to weighers, etc., of particular commodities |
SECTION 87A. Weighers and measurers of motor vehicles and trailers; appointment |
SECTION 87B. Repealed, 1974, 851, Sec. 2 |
SECTION 88. Weighers of fish |
SECTION 89. Deputy weighers of fish |
SECTION 90. Weighers of fish; penalty for violation of oath of office |
SECTION 90A. Interfering with fish weigher or deputies; penalty |
SECTION 91. Constables; appointment and removal in cities |
SECTION 91A. Constables; appointment in towns |
SECTION 91B. Appointments; qualifications; application; investigation |
SECTION 92. Service of civil process |
SECTION 93. Remedies on bond |
SECTION 94. Powers and duties |
SECTION 95. Territorial jurisdiction |
SECTION 95A. Service of civil process fees |
SECTION 95B. Records of service of civil process fees |
SECTION 96. Police officers; appointment; tenure; discharge |
SECTION 96A. Felons disqualified |
SECTION 96B. Police training schools; supervisory training; attendance by persons exercising police powers; wages and expenses; exceptions; removal for failure to attend |
SECTION 97. Police departments; establishment |
SECTION 97A. Police departments; chief of police; powers and duties |
SECTION 97B. Rape reporting and prosecution units within police departments; training and funding; personnel; retention and preservation of forensic evidence |
SECTION 97C. Special telephone exchange for reporting of rape |
SECTION 97D. Confidentiality of reports of rape, sexual assault and domestic violence; access by victim and certain individuals in performance of their duties; violations; penalties |
SECTION 97E. Chief of police; attendance at conventions |
SECTION 97F. Firefighter duties; performance by police |
SECTION 98. Powers and duties |
SECTION 98A. Arrest on fresh and continued pursuit |
SECTION 98B. Foot patrol |
SECTION 98C. Badges; identification by name or number |
SECTION 98D. Identification cards |
SECTION 98E. Public solicitations using words ''police'' or ''firefighters'' |
SECTION 98F. Daily logs; public records; confidentiality of certain entries |
SECTION 98G. Domestic abuse; police reports |
SECTION 99. Requisition of police officers by other towns |
SECTION 99A. Members of regular police or fire department and fire alarm division; residence outside city or town |
SECTION 99B. Regional police district law; purpose of Secs. 99B to 99K |
SECTION 99C. Establishment |
SECTION 99D. Town elections for acceptance; ballots |
SECTION 99E. Powers and duties |
SECTION 99F. Regional police district commission; membership; officers |
SECTION 99G. Budget; apportionment; appropriations |
SECTION 99H. Annual audits |
SECTION 99I. Costs and expenses; annual estimates; apportionment; assessment of towns |
SECTION 99J. Regional district police department; pending prosecutions; personnel transfers. |
SECTION 99K. Revocation of acceptance of regional police district law; town elections; ballot; continuity of district |
SECTION 100. Indemnification of police officers, firemen and persons aiding them; actions for intentional or negligent injuries inflicted upon same |
SECTION 100A. Repealed, 1978, 512, Sec. 10 |
SECTION 100B. Indemnification of retired police officers and fire fighters |
SECTION 100C to 100F. Repealed, 1978, 512, Sec. 10 |
SECTION 100G. Payment of funeral and burial expenses of fire fighters and police officers killed in performance of duties; acceptance of section |
SECTION 100G1/4. Payment of funeral and burial expenses of firefighters and police officers killed in performance of duties; acceptance of section |
SECTION 100G1/2. Attendance by police officers at police association executive board meetings; acceptance of section |
SECTION 100H. Indemnification of law enforcement officers for dogs used in connection with official duties |
SECTION 100I, 100J. Repealed, 1978, 512, Sec. 10 |
SECTION 101. Commissioner of public safety; powers and duties |
SECTION 101A. Police officers or firefighters; tobacco smoking |
SECTION 102. Inspector of health |
SECTION 102A. Appointment in towns under three thousand population |
SECTION 102B. Appointment in towns of 5,000 or more inhabitants |
SECTION 103. Purchasing department; purchasing agent; duties and salaries |
SECTION 104. Establishment of purchasing department; submission to electorate |
SECTION 105. Board of trustees for soldiers' memorials; powers and duties; membership; tenure; vacancies; rules and regulations |
SECTION 106. Tree warden; appointment; term |
SECTION 106A. Town physician; appointment in certain towns |
SECTION 106B. Capital planning committee; establishment; duties |
SECTION 107. Oath of office; beginning of term |
SECTION 108. Compensation |
SECTION 108A. Classification of positions; compensation plans; rules and regulations |
SECTION 108B. Assessors and tax collectors in districts; compensation and expenses |
SECTION 108C. By-laws pertaining to administration of personnel; consolidation |
SECTION 108D. Fire fighters; minimum annual compensation |
SECTION 108E. Policemen; schedule of minimum annual compensation |
SECTION 108F. Fire fighters; schedule of minimum annual compensation |
SECTION 108G. Policemen; alternate schedule of minimum annual compensation |
SECTION 108H. Fire fighters assigned to photographic work; additional compensation |
SECTION 108I. Policemen assigned to photographic or fingerprint identification work; additional compensation |
SECTION 108J. Equal pay of male and female employees |
SECTION 108K. Female police officers; equality of compensation |
SECTION 108L. Police career incentive pay program; salary increases; reimbursement of cities or towns |
SECTION 108M. Police officers attending law enforcement courses at accredited college or university for degree; payment of salary; duty hours; agreement |
SECTION 108N. Town manager, administrator, executive secretary, or administrative assistant; employment contract |
SECTION 108N1/2. Employment contracts for appointed municipal treasurers, assessors or collectors |
SECTION 108O. Employment contracts for police chiefs and fire chiefs |
SECTION 108P. Additional compensation for collectors or treasurers |
SECTION 109. Resignation; notice; residence requirements |
SECTION 109A. Fidelity bonds; payment of premiums |
SECTION 110. Authorization for holidays |
SECTION 110A. Office hours on Saturday |
SECTION 111. Vacations of certain employees |
SECTION 111A. Vacations for police and firemen |
SECTION 111B. Sick leaves; accumulation |
SECTION 111C. Attendance by employee veterans at funerals or memorial services for veterans |
SECTION 111D. Vacations for police and firemen |
SECTION 111E. Vacation pay for terminated employees; conditions |
SECTION 111F. Leave with pay for incapacitated employees |
SECTION 111G. Additional vacation time for longevity |
SECTION 111G1/2. Vacations; duration |
SECTION 111H. Overtime pay for police officers; conditions |
SECTION 111I. Compensation due deceased employees; disposition |
SECTION 111J. Attendance at veterans' conventions |
SECTION 111K. Firemen; summer vacations |
SECTION 111L. Policemen and firemen; vacations; 20 years' service |
SECTION 111M. Emergency medical technicians; leave without loss of pay while incapacitated |
SECTION 111N. Indemnification of emergency medical technicians for certain expenses |
SECTION 112. Preference in public employment |
SECTION 112A. Veterans in unclassified positions; procedure for involuntary separation |
SECTION 113. Use of official ballots |
SECTION 114. Application of election laws |
SECTION 115. Nomination papers; filing; certificates of nomination |
SECTION 116. Duties of prudential committee and clerk in certain districts |
SECTION 117. District elections; provision for election equipment; liability for expenses |
SECTION 118. District elections; provision for forms, tally and vote sheets |
SECTION 119. District meetings; qualifications |
SECTION 120. Fiscal year of districts |
SECTION 121. District treasurers; qualifications |
SECTION 122. Temporary treasurer; appointment; bond |
SECTION 123. Temporary clerk; appointment; bond |
SECTION 123A. Assistant treasurers and assistant clerks; appointment; bond |
SECTION 124. Fire and water districts; appropriation for cost of water favorability studies |
SECTION 125. Temporary housing assistance plans |
SECTION 126. Definitions applicable to Secs. 126 to 132 |
SECTION 127. Eligibility to apply for tenure; offices excepted; restrictions; duration of tenure; removal for cause |
SECTION 128. City offices; application statement; filing; approval procedure; denial, re-application time limit |
SECTION 129. Town offices; application statement; filing; approval procedure; denial, re-application time limit |
SECTION 130. Applicability of town tenure provisions to districts |
SECTION 131. City or town offices; application statement by head of department for tenure of its members; filing; approval procedure; denial, re-application time limit |
SECTION 132. Tenure limitations |
SECTION 133. Appointment and reappointment of police officers |