MUNICIPAL PERSONNEL SYSTEMS

M.G.L. pt. Part I, tit. Title IV, ch. c. 31A

in effect

M.G.L. c. 31A, § 1 Decentralized personnel system; accepted merit principles

c. 31A, § 1. Decentralized personnel system; accepted merit principles Section 1. Any city or town subject to civil service law as provided in chapter thirty-one, or by special law, may exercise the option of establishing a decentralized personnel system and may become exempt from the provisions of chapter thirty-one or special law, provided that such city or town complies with the conditions provided hereinafter. Local personnel systems developed pursuant to this chapter shall be consistent with accepted merit principles and each municipality shall include in its personnel ordinance or by-law a statement of said principles. Accepted merit principles shall include, but shall not be limited to: (a) the recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills including open consideration of qualified applicants for initial appointment; (b) providing just compensation for all employees; (c) providing training and development for employees, as needed, to assure the advancement and high quality performance of such employees; (d) retaining employees on the basis of adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; (e) assuring fair treatment of all applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, age, national origin, sex, marital status, handicap or religion and with proper regard for privacy, basic rights outlined in this chapter and constitutional rights as citizens, and; (f) assuring that all employees are protected against coercion for political purposes, and are protected from arbitrary and capricious actions.

M.G.L. c. 31A, § 2 Definitions

c. 31A, § 2. Definitions Section 2. In this chapter, the following words and phrases shall have the following meaning, unless the context requires otherwise:— ''Administrator'', the personnel administrator of the human resources division within the executive office for administration and finance. ''Civil service law'', chapter thirty-one and the rules promulgated pursuant to that chapter. ''Civil service position'', an office or position, appointment to which is subject to the requirements of chapter thirty-one. ''Commission'', the civil service commission of the commonwealth. ''Department'' or ''division'', the human resources division within the executive office for administration and finance. ''Local appointing authority'', any person, board, or commission with the power to appoint or employ personnel in municipal service positions. ''Local chief executive officer'', in a city or town with a manager form of government, the manager of that municipality; in other cities, the mayor; and in other towns, the board of selectmen. ''Local merit appeals board'', a three member board established under section seven to act on appeals established under sections seven and eight and to act on appeals involving alleged violations of basic merit principles. ''Municipality'', a city or town in the commonwealth. ''Municipal employee'', any person compensated by a municipality for personal services performed for the municipality. ''Municipal personnel office'', the office established under section six, charged by local ordinance with administering the municipal personnel system. ''Personnel director'', the administrator of a municipal personnel system.

M.G.L. c. 31A, § 3 Acceptance by municipality of local option; adoption of personnel ordinance; application of chapter thirty-one

c. 31A, § 3. Acceptance by municipality of local option; adoption of personnel ordinance; application of chapter thirty-one Section 3. Any municipality exercising the local option contained in section one shall, upon the recommendation of the chief executive officer or by a majority vote of the executive officers of a city or town, and after conducting a public hearing, adopt a personnel ordinance or by-law in accordance with the provisions of section four. Upon the majority vote of those voting on the referendum question, the application of chapter thirty-one, shall be rescinded with the following exceptions: (a) all testing for municipal public safety positions shall be administered by the human resources division within the executive office for administration and finance in accordance with the provisions of chapter thirty-one; (b) employees serving in positions subject to the provisions of chapter thirty-one on the effective date of this act, and their successors, may appeal disciplinary actions, decisions that the examination fairly tested the knowledge, skills and abilities required to perform the primary or dominant duties of the position for which the examination was held and the results of performance evaluations to the civil service commission pursuant to section eight. The said commission shall hear such appeals in accordance with the provisions of said chapter thirty-one; and (c) the provisions of chapter thirty-one contained in sections twenty-five, twenty-six and twenty-eight providing for veterans' preference.

M.G.L. c. 31A, § 4 Provisions of personnel ordinance

c. 31A, § 4. Provisions of personnel ordinance Section 4. Each municipality rescinding their acceptance of chapter thirty-one, shall adopt a personnel ordinance consistent with the provision of section three, which shall also provide for, the following: (a) A statement of accepted merit principles pursuant to section four; (b) The appointment of a personnel director, pursuant to section six; (c) The specifications of those officials and employees who shall be covered by the ordinance or by-law and those who shall be exempt from all or any part of its provisions. All positions covered by civil service at the time of the rescission exempting department heads shall also be covered by said ordinance or by-law. (d) Provisions establishing the structure and governing the operation of the personnel system, including but not limited to: (1) The recruitment of candidates for positions which assures open competition with emphasis on attracting candidates from groups that are underrepresented in the work force. (2) The selection of candidates for appointment to positions in a manner which emphasizes to the maximum extent possible, job related criteria. (3) The selection of candidates for temporary or provisional positions shall only be made on an emergency basis. (4) Establishing provisions which provide for promotions to higher level positions, including systematic methods, which provide for: (a) improved opportunities for upward mobility through training, education and career development assignments, and (b) open competition among qualified applicants. (5) Provide for probationary appointments of new employees and probationary promotions of current employees. (6) Establishing a classification plan for all positions, including the establishment of position classes, the description of duties and responsibilities of each position, and a statement of the minimum qualifications for each position. (7) Establishing training and development programs which increase proficiency for employees in their present positions and preparing them for higher level positions. (8) Provides for the training and development, including programs for all employees, that would increase proficiency in their current positions and prepare them for higher level positions. (9) Establishes a performance evaluation system to be implemented whenever the development and maintenance of such a system is deemed practical by the municipality; provided, however, that in the establishment of such a program, it shall be developed in conjunction with the representatives of labor. (10) Outlines disciplinary actions and appeals, including procedures regulating the suspension, demotion, and separation of employees, with the right to appeal any such action through an impartial process. (11) In the case of reduction-in-force, seniority as provided in section thirty-nine of chapter thirty-one, shall be the sole criteria in determining the order of layoffs. (12) Establishes standards of conduct, including prohibitions against political interference in the personnel system and an assurance of the right of employees to pursue legitimate involvement in the political system. (13) Establishes a centralized personnel record keeping system in the office of the personnel director.

M.G.L. c. 31A, § 5 Submission of proposed ordinance to administrator; rescission of chapter thirty-one provisions; form of ballot

c. 31A, § 5. Submission of proposed ordinance to administrator; rescission of chapter thirty-one provisions; form of ballot Section 5. At least one hundred and twenty days prior to the vote rescinding the provisions of chapter thirty-one, a city or town shall submit a copy of a proposed ordinance or by-law to the administrator who shall approve, disapprove or propose amendments to said ordinance or by-law on the basis of completeness, consistency and conformity in concept with accepted merit principles. The administrator's substantive review shall be limited to areas presently subject to civil service law, the general provisions of section five and conformity of the ordinance or by-law with basic merit principles outlined in this chapter. The administrator shall, within ninety days, either approve the proposed ordinance or by-law, propose amendments to the ordinance or by-law, or disapprove such ordinance or by-law if it is not consistent with the general provisions of this chapter. In the event the administrator does not approve the proposed ordinance or by-law at least sixty days prior to proposed vote of the rescission, the provisions of chapter thirty-one shall remain in effect and such vote of the rescission shall be postponed until the next regular city or town election. Following adoption, the ordinance or by-law shall be submitted for review to the administrator only in those instances where the said ordinance or by-law shall have been amended by the local legislative body. The criteria for review of any amendment shall be the same as those for initial approval of this ordinance or by-law; and, if the administrator shall fail to act within thirty days of the receipt of the adopted ordinance or by-law, it shall be considered approved. The personnel administrator shall provide necessary technical assistance to cities and towns choosing to make the transition to a local system. The question on the rescission of chapter thirty-one and attendant civil service rules and the acceptance of this chapter shall be printed on the official ballot to be used at a regular municipal election, in substantially the following form: QUESTION: Shall the city or town of ___ rescind the applicability of chapter 31 of the General Laws and accept the applicability of chapter 31A of the General Laws? If a majority of such voters therein vote in the affirmative, the provisions of chapter thirty-one shall be rescinded and the provisions of this chapter shall be accepted; provided, however, that such rescission and acceptance shall take effect upon the adoption of the ordinance or by-law, approved by the personnel administrator, but not otherwise; and provided, further, that the provisions of section thirty-two of chapter forty shall not apply to any such by-law in a town.

M.G.L. c. 31A, § 6 Personnel director; time of appointment; authority

c. 31A, § 6. Personnel director; time of appointment; authority Section 6. Within one hundred and eighty days following the effective date of a local ordinance or by-law, the municipality shall appoint a personnel director qualified for the position by reason of previous education, training, or experience. Said personnel director may be a professional city manager, town manager, executive secretary, or a local official with equivalent experience, or a person appointed by a group of municipalities to serve as a personnel director on a regional basis. The personnel director shall have full authority to administer such local personnel system and shall have direct access to the chief executive of the municipality. The duties of the personnel director shall be prescribed by ordinance or by-law.

M.G.L. c. 31A, § 7 Local merit appeals board; members; duties; hearing appeals

c. 31A, § 7. Local merit appeals board; members; duties; hearing appeals Section 7. (a) Any municipality which creates a decentralized personnel system will be required to establish a local merit appeals board. The board shall consist of three members, of which one member shall be appointed by the local chief executive officer, as defined in section two, to represent management, one member shall be elected by the employees within the community and the third member shall be selected by the other two members. The neutral member shall be an impartial chairman who shall have expertise in personnel administration and labor relations. The members of the board shall serve for three-year terms and shall be reimbursed by the municipality for the necessary expenses incurred in the performance of their official duties; provided, however, that the chairman may be further compensated for services provided to the board. The primary role of the board shall be as an oversight and appellate board on merit principle issues. (b) The authority of the board shall include but shall not be limited to: (1) hearing appeals in cases of suspensions, demotions or dismissals; (2) hearing appeals in cases of lay-offs and transfers, from one department to another; provided, however, that such board may only issue an order if the employee can show bad faith on the part of the municipal employer; (3) hearing appeals on selections, promotions, and any other personnel actions as the municipality may provide for in the personnel ordinance or by-laws; provided, however, that no punishment duty shall be imposed on any police officer or firefighter subject to the provisions of this chapter unless said police officer or firefighter assents thereto; and (4) upon the request of the personnel director, to advise on any personnel matters. (c) Employees subject to a local merit system established pursuant to this chapter may be suspended, demoted, or dismissed for just cause. If the board, by a preponderance of the evidence, determines that there was just cause for an action taken against such employee it shall affirm the action of the appointing authority, otherwise it shall reverse such action and the employee shall be returned to his position without loss of compensation or other rights provided that if the employee establishes by a preponderance of the evidence that the said action was based upon harmful error in the application of the appointing authority's procedure or upon an error of law or upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in his position the said abolition, disciplinary action or discharge or evaluation shall not be sustained and the person shall be returned to his position without loss of compensation or other rights and in the case of an appeal from a performance evaluation, the matter shall be remanded to the appointing authority for action not inconsistent with the findings of the board. The board may also modify any penalty imposed by the appointing authority. Except in the case of an employee subject to the provisions of section eight, the decision of the board shall be final and binding on parties, subject to judicial review. (d) The organization, operating procedures, staffing, compensation, and removal procedures of the board shall be determined by the municipality in its personnel ordinance or by-law.

M.G.L. c. 31A, § 8 Appeals; options; conditions; collective bargaining agreements

c. 31A, § 8. Appeals; options; conditions; collective bargaining agreements Section 8. Appointing authorities and employees serving in positions subject to the provisions of chapter thirty-one on the effective date of this chapter and their successors, shall have the option to appeal to either the civil service commission or the local merit appeals board, but not both, in the following instances: (a) a disciplinary action, (b) a finding that the examination fairly tested the knowledge, skills and abilities required to perform the primary or dominant duties of the position for which the examination was held, or (c) the results of a performance evaluation. An employee covered by a collective bargaining agreement may continue to exercise any grievance arbitration procedure in said agreement and upon the election of such option by the employee, it shall be the exclusive remedy for resolving such matters. In any disciplinary action or discharge where the substance of such action was based on a performance evaluation the validity of which has been previously determined, the substantive matters involved in the evaluation shall not be open to redetermination by the commission or the board.

M.G.L. c. 31A, § 9 Personnel administration department; performance and special audits; reports; appeal; compliance

c. 31A, § 9. Personnel administration department; performance and special audits; reports; appeal; compliance Section 9. The human resources division within the executive office for administration and finance shall conduct semi-annual performance audits of the merit systems of each municipality exercising the local option under this chapter during the first year, and annually thereafter. Special audits may also be requested by a three-fifths vote of the local legislative body or by thirty per cent of the total number of employees subject to the local merit system. No such special audit shall be undertaken until the department has conducted a preliminary informal hearing with the parties concerned, and the administrator has determined, based upon the evidence there is substantial noncompliance with the municipal personnel ordinance or by-law. The results of any audit, whether regular or special, shall be reported to the local appointing authority specifying any deficiencies that may have been found and the suggested corrective action. A copy of the report by the administrator shall be available for public inspection in the offices of the local appointing authority and the human resources division within the executive office for administration and finance. Any municipality audited pursuant to this section shall have the right to appeal the results of such audit to the civil service commission, which may uphold, alter, or disqualify the results of said report, subject to judicial review. If a municipality fails to correct any deficiencies specified in an audit report, the personnel administrator may take such action as may be necessary to insure compliance, including but not limited to, voiding past personnel actions, seeking a court order to insure compliance, or assuming temporary or permanent supervision of the local merit system with the municipality bearing the full cost of such supervision.

M.G.L. c. 31A, § 10 Certified employee organizations; right to bargain; issues not subject to collective bargaining

c. 31A, § 10. Certified employee organizations; right to bargain; issues not subject to collective bargaining Section 10. Nothing in this chapter shall interfere with the right of certified employee organizations to bargain with the municipality over subjects permitted by chapter one hundred and fifty E; provided, however, that the authority of any municipal agency or its agents to determine selection procedures at both the entry and promotional levels, to conduct and grade merit examinations, to rate candidates based on job-related criteria and establish eligible lists, to make initial appointments or promotions to positions covered by local personnel ordinances or by-laws or any other section of chapter thirty-one which is not subject to bargaining under paragraph (d) of section seven of chapter one hundred and fifty E, prior to the effective date of this chapter, shall not be subject to collective bargaining.

M.G.L. c. 31A, § 11 Revocation of acceptance

c. 31A, § 11. Revocation of acceptance Section 11. Revocation of the acceptance of this chapter by a city or town shall be in the same manner as its acceptance. Upon revocation, said city or town shall be subject to the provisions of chapter thirty-one of the General Laws to the same extent as it was immediately prior to its acceptance of this chapter.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31AFetched: 10/20/2026