COUNTIES AND COUNTY COMMISSIONERS

M.G.L. pt. Part I, tit. Title VI, ch. c. 34

in effect

M.G.L. c. 34, § 1 Boundaries in tide water; powers

c. 34, § 1. Boundaries in tide water; powers Section 1. The seaward boundary of counties bordering on the open sea shall coincide with the marine boundary of the commonwealth. The boundary lines in tide water between adjacent coastal counties shall coincide with and are hereby established to be the boundary lines in tide water between the adjoining coastal municipalities of said counties, as confirmed and established by section one of chapter forty-two. Counties separated by waters within the jurisdiction of the commonwealth shall exercise a concurrent jurisdiction over such waters. Each county shall be a body politic and corporate for the purposes of suit, of buying and holding, for county uses, personal estate and land lying therein, and of contracting and doing other necessary acts relative to its property and affairs.

M.G.L. c. 34, § 2 Alteration of maps

c. 34, § 2. Alteration of maps Section 2. County commissioners shall cause changes in the boundaries of towns, in the courses of highways, railroads and canals, and other topographical alterations to be correctly delineated on the county maps, which shall remain in their possession. The state secretary, as often as necessary, shall transmit the manuscript county maps in his office to the respective county commissioners who shall cause a competent engineer or surveyor under their direction to transfer thereto all changes, and shall, within two months after their receipt, return them to the secretary, who shall forthwith cause the changes to be copied on the plates of the state map.

M.G.L. c. 34, § 3 Public buildings

c. 34, § 3. Public buildings Section 3. Each county shall provide suitable jails, houses of correction, fireproof offices and other public buildings, including both the structures and the land upon which such structures are sited, necessary for its use; provided, however, that the county of Dukes need not provide a house of correction; provided, further, that the city of Boston shall provide necessary public buildings, including both the structures and the land upon which such structures are sited, for Suffolk county; provided, further, that the obligation to provide suitable structures of jails and houses of correction shall become that of the commonwealth and shall cease to be that of such counties or city in the event that the commonwealth constructs such facilities for such county or city; provided, further, that in any such county or city which has been ordered by a court to construct a new correctional facility, state assumption of the responsibility to provide such structure shall occur when the state appropriates funds therefor and such county or city has complied with any conditions attached to such appropriation, if any; and, provided further, that notwithstanding the fact that the commonwealth may have assumed the responsibilities of providing a suitable structure for such facilities, the counties and the city shall retain the obligation to provide for the operation and maintenance of such facilities. No courtroom of the superior court shall contain a cage for defendants.

M.G.L. c. 34, § 4 Election; tenure

c. 34, § 4. Election; tenure Section 4. Except in Nantucket and Suffolk counties, there shall be elected in each county, as provided in section one hundred and fifty-eight of chapter fifty-four, for terms of four years beginning the first Wednesday of January following their election and until their successors are qualified, three county commissioners, who shall be sworn before entering upon their duties, and shall annually, at their first meeting after the first Wednesday of January, choose by ballot a chairman. In Nantucket county the selectmen of Nantucket, and in Suffolk county the mayor and city council of Boston, the municipal council of Chelsea and the city council of Revere, in their respective cities, and the selectmen of Winthrop in said town, shall, except as otherwise provided, have the powers and perform the duties of county commissioners.

M.G.L. c. 34, § 5 Salaries

c. 34, § 5. Salaries Section 5. The salaries of county commissioners, payable by their respective counties in full for all services performed by said commissioners except as otherwise provided, shall be as follows:— Middlesex............................$9,505.16 Essex............................8,799.73 Norfolk............................8,799.73 Worcester............................8,799.73 Bristol............................7,388.87 Hampden............................7,388.87 Barnstable............................6,683.44 Berkshire............................6,683.44 Plymouth............................6,683.44 Franklin............................5,272.58 Hampshire............................5,272.58 Dukes............................2,963.90

M.G.L. c. 34, § 5A Salaries; acceptance of provision of this section

c. 34, § 5A. Salaries; acceptance of provision of this section Section 5A. Subject to the acceptance of this section as hereinafter provided, the salaries of county commissioners, payable by their respective counties in full for all services performed by said commissioners except as otherwise provided, shall be as follows: Effective July 1, 1976. Middlesex............................$9,805.16 Essex............................9,099.73 Norfolk............................9,099.73 Worcester............................9,099.73 Bristol............................7,688.87 Hampden............................7,688.87 Barnstable............................6,983.44 Berkshire............................6,983.44 Plymouth............................6,983.44 Franklin............................5,572.58 Hampshire............................5,572.58 Dukes............................3,263.90 Effective January 1, 1977. Middlesex............................$10,055.16 Essex............................9,349.73 Norfolk............................9,349.73 Worcester............................9,349.73 Bristol............................7,938.87 Hampden............................7,938.87 Barnstable............................7,233.44 Berkshire............................7,233.44 Plymouth............................7,233.44 Franklin............................5,822.58 Hampshire............................5,822.58 Dukes............................3,513.90 Effective April 1, 1977. Middlesex............................$10,355.16 Essex............................9,649.73 Norfolk............................9,649.73 Worcester............................9,649.73 Bristol............................8,238.87 Hampden............................8,238.87 Barnstable............................7,533.44 Berkshire............................7,533.44 Plymouth............................7,533.44 Franklin............................6,122.58 Hampshire............................6,122.58 Dukes............................3,813.90 No salary payable under section five shall be increased in any county under the provisions of this section unless the county commissioners of such county have voted to accept the provisions of this section.

M.G.L. c. 34, § 7 Commissioners acting by appointment; compensation; travel expenses

c. 34, § 7. Commissioners acting by appointment; compensation; travel expenses Section 7. A person acting as commissioner by appointment under section twelve shall be paid by the county not less than five dollars for each day of actual service, not exceeding five hundred dollars in any year, and ten cents a mile for travel each way.

M.G.L. c. 34, § 8 Statement of expenses; certification; payment; audit

c. 34, § 8. Statement of expenses; certification; payment; audit Section 8. An itemized statement of the actual and proper cost to each commissioner for transportation and other necessary expenses incurred in the performance of his official duties shall, on the first day of each month, be approved by a majority of the county commissioners and certified by their clerk to the county treasurer who shall reimburse them. The director of accounts shall audit such expenses in the course of his examination of the books and accounts of the county treasurer pursuant to section forty-four of chapter thirty-five.

M.G.L. c. 34, § 9 Meetings; frequency; location; special meetings

c. 34, § 9. Meetings; frequency; location; special meetings Section 9. The commissioners shall hold meetings at the following times and places for their respective counties: At Barnstable, the second Tuesday of April and October. At Pittsfield, the first Tuesday of January, April, July and October. At Taunton, the fourth Tuesday of March and September. At Edgartown, the Wednesday next after the third Monday of May and the Wednesday next after the second Monday of November. At Ipswich, the second Tuesday of April; at Salem, the second Tuesday of July; at Newburyport, the second Tuesday of October; at Lawrence, the last Tuesday of August; and the fourth Tuesday of December, at Ipswich, Salem or Newburyport, as they shall order at the preceding meeting. At Greenfield, the first Tuesday of March and September and the second Tuesday of June and December. At Springfield, the second Tuesday of April, the first Tuesday of October and the fourth Tuesday of June and December. At Northampton, the first Tuesday of March, September and December and the Tuesday next after the second Monday of June. At Cambridge, twice yearly; at Lowell, twice yearly; at Framingham, twice yearly. At Dedham, the third Tuesday of April, the fourth Tuesday of June and September and the last Wednesday of December. At Plymouth, the first Tuesday of January, the third Tuesday of March and the first Tuesday of August. At Worcester, the fourth Tuesday of March, the third Tuesday of June, the second Tuesday of September and the fourth Tuesday of December. They may by vote, specify the time and place, establish other regular meetings within their county, and may also hold special meetings therein at such times and places as may be necessary. They may adjourn any regular or special meeting to any place within the county, and persons required to appear at, or processes returnable to, any such meeting, shall appear at or be returnable to the adjourned meeting.

M.G.L. c. 34, § 9A Records

c. 34, § 9A. Records Section 9A. The records of the commissioners shall consist of a docket, the files, a record of payments ordered, the extended record, and a complete record of proceedings at all meetings as provided in section ten.

M.G.L. c. 34, § 9B Docket defined

c. 34, § 9B. Docket defined Section 9B. The docket is hereby defined as a record wherein their clerk shall register, by its title or by an abstract, and numbered consecutively, every action, suit and proceeding commenced before or transferred or appealed to the commissioners, and also contracts filed as required by section seventeen. He shall note therein, according to the date thereof, the filing or return of any paper or process, the making of any decree, adjudication, order, rule or other direction, or any amendment thereof, in or concerning such matter.

M.G.L. c. 34, § 9C Files defined

c. 34, § 9C. Files defined Section 9C. The files are hereby defined as all papers and processes filed with or by the clerk in any action, suit, proceeding or contract, before, by or with the commissioners. All such papers, processes and contracts shall be numbered consecutively in each case, as entered.

M.G.L. c. 34, § 9D Record of payments; form and contents

c. 34, § 9D. Record of payments; form and contents Section 9D. The record of payments ordered shall be in such form as the commissioners, with the approval of the director of accounts, may determine. It shall contain the name of each person to whom payment is ordered made, together with its amount, both of which shall be classified under a heading specifying the appropriation from which such payment is to be made.

M.G.L. c. 34, § 9E Extended record; form and contents

c. 34, § 9E. Extended record; form and contents Section 9E. The extended record shall be in abridged form. It shall comprise an abbreviated chronicle of all matters entered upon the docket, under the same or a similar title or an abstract thereof, and under the same number, and shall contain a brief and concise narrative of the essential features of the matter. Any final judgment, decree or order affecting the title to land shall be copied therein at length. But contracts and amendments thereof shall not be copied unless so ordered by the commissioners.

M.G.L. c. 34, § 10 Record of proceedings; copy to director of accounts

c. 34, § 10. Record of proceedings; copy to director of accounts Section 10. They shall keep a full and complete record of the proceedings at all their meetings and, if their vote or decision is not unanimous, the record shall show how each commissioner voted. A copy thereof, attested by their clerk, shall be transmitted annually, on or before the fifteenth day of January, to the director of accounts, who shall submit it to the general court.

M.G.L. c. 34, § 11 Clerical employees; temporary clerk; duties

c. 34, § 11. Clerical employees; temporary clerk; duties Section 11. They may employ such clerical employees as may be necessary for the proper performance of the work of their offices, who shall perform such duties as the commissioners may determine. They may, in the absence from any meeting of the clerk or any deputy assistant clerk designated under section seven of chapter two hundred and twenty-one, appoint a temporary clerk, who may be a commissioner or other suitable person. He shall be sworn by the chairman or presiding commissioner, keep a record of the proceedings, and deliver the same forthwith to the clerk or deputy assistant clerk, who shall enter it upon the records of the commissioners.

M.G.L. c. 34, § 12 Absence or disqualification of commissioners; appointment of substitute; tenure

c. 34, § 12. Absence or disqualification of commissioners; appointment of substitute; tenure Section 12. In case of inability to attend, or interest in a question before the commissioners, or if any part of a highway relative to which they are to act lies within the town where a commissioner resides, the commissioners qualified to act and the clerk of the courts for the county shall appoint one or more persons, not residing in the same town as any commissioner, nor in the same town with each other, if more than one, to act as commissioners in place of those absent or disqualified, until such absence or disqualification ceases. The commissioners may, however, receive a petition, issue an order of notice thereon, take a recognizance, approve bills or payrolls, or perform ministerial acts, whenever two members are competent to act. If they cannot otherwise organize, residence shall not disqualify.

M.G.L. c. 34, § 13 Powers; administration of oaths; punishment for contempt

c. 34, § 13. Powers; administration of oaths; punishment for contempt Section 13. When in session, the commissioners may administer oaths to witnesses and punish disorderly conduct which interrupts their meeting or is an open and direct contempt of their authority or persons by a fine of not more than five dollars or by confinement in the custody of the sheriff, a deputy sheriff or constable for not more than twelve hours.

M.G.L. c. 34, § 14 Additional powers

c. 34, § 14. Additional powers Section 14. In addition to such powers and duties as may otherwise be conferred or imposed by law, the commissioners may provide for erecting and repairing jails and other necessary public buildings within and for the use of their county, but no money shall be paid or liability incurred therefor in excess of the amount specifically authorized by the advisory boards on county expenditures, except for emergency repairs, and no bills for construction or enlargement of a jail, house of correction or reformatory shall be incurred or paid until the plans therefor have been approved by the commissioner of correction, except as otherwise provided. They shall have authority to represent their county, and to have the care of its property and the management of its business and affairs in cases where not otherwise expressly provided; to sell and convey any real estate of the county by deed, sealed with the county seal, signed and acknowledged by them, or to lease any real estate of the county; to adopt a county seal, which shall be in the custody of their clerk and affixed to all processes requiring it; provided, however, that the sale of any county owned real estate customarily used by the county or sheriff for the housing of prisoners, including any jail, house of correction, or other such facility shall be made at fair market value and the net proceeds of any such sale shall be used for the construction of new jails, jail additions or temporary jail facilities, to reimburse the commonwealth for expenditures for such purposes or to reimburse the commonwealth for loans made to a county for the purpose of maintaining and operating the county; and provided, further, that any real estate offered for sale or lease, by a county shall first be offered for sale or lease to the commonwealth and upon the non-acceptance by the commonwealth of any such offer, shall then be offered for sale or lease to the city or town where such land is located. At least ninety days prior to contracting for the sale or lease of such real estate, the commissioners shall notify in writing the city council or board of selectmen of the city or town in which such real estate is located; the members of the general court representing said city or town; the advisory board on county expenditures of the county in which such real estate is located; and the regional planning agency of the region in which such real estate is located. Such notification shall include information as to the real estate's present use; the reason for its sale or lease; the new activity or purpose for which it will be used; and a copy of an independent appraisal done within the past fiscal year. Such appraisal shall be by a qualified appraiser approved by the executive committee of the advisory board on county expenditures of the county in which such real estate is located. At least forty-five days but not more than sixty days prior to contracting for the sale or lease of said real estate, the commissioners shall cause a public hearing to be held in the town or city in which such real estate is located. The commissioners shall publish on at least two occasions, in at least two newspapers serving the city or town in which such real estate is located, the time and place of said hearing. Such publication shall occur at least fourteen days prior to said hearing. Any contract for the sale or lease or real estate executed in violation of this section shall be voidable; provided, however, that no action for violation of this section may be commenced subsequent to the date of the delivery of the deed conveying such real estate.

M.G.L. c. 34, § 14A Associate commissioner for affairs concerning the elderly

c. 34, § 14A. Associate commissioner for affairs concerning the elderly Section 14A. In any county which accepts this section by vote of the county commissioners, the chairman of the county commissioners shall appoint a senior citizen to serve as an associate commissioner for affairs concerning the elderly. Said associate commissioner shall serve for a one year term, coterminous with the chairman's term of office. This associate commissioner shall have no powers or authority in the county government, but shall advise the county commissioners on affairs of the elderly and act as an ombudsman for senior citizens and elder agencies located within the county.

M.G.L. c. 34, § 14B Associate commissioner for affairs concerning persons with disabilities

c. 34, § 14B. Associate commissioner for affairs concerning persons with disabilities Section 14B. In any county which accepts this section by vote of the county commissioners, the chairman of the county commissioners shall appoint a handicapped person to serve as an associate commissioner for affairs concerning handicapped persons. Said associate commissioner shall serve for a one year term, coterminous with the chairman's term of office and shall serve without compensation. Said associate commissioner shall have no powers or authority in the county government, but shall advise the county commissioners on affairs of the handicapped.

M.G.L. c. 34, § 15 Qualification of officers; return to state secretary

c. 34, § 15. Qualification of officers; return to state secretary Section 15. They shall, upon administering the oaths of office to officers required by law to qualify before them, forthwith make return thereof to the state secretary.

M.G.L. c. 34, § 16 Office hours; holidays; certain acts performable on next business day

c. 34, § 16. Office hours; holidays; certain acts performable on next business day Section 16. Except as otherwise provided by law, all offices under the jurisdiction of the commissioners shall be open to the public for the transaction of business daily on days other than Saturdays, Sundays and legal holidays for such hours as may be set by the commissioners, except that, if the convenience of the public so requires, the commissioners may keep any office under their jurisdiction open on any Saturday, not a legal holiday, and give any employee required to work on such Saturday equivalent time off without loss of compensation. When the day or the last day for the performance of any act, including the making of any payment or tender of payment, authorized or required to be performed at such an office falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding business day.

M.G.L. c. 34, § 18 Recognizances and damages

c. 34, § 18. Recognizances and damages Section 18. The commissioners shall require all applicants for the award of damages or the performance of any other official act in which the county has no interest to recognize to the county, with sureties to their satisfaction, for the payment of all costs and expenses accruing to the county by reason of their application and the proceedings thereon, which shall be added to the damages, if any, assessed in consequence thereof. If an application is dismissed and costs are chargeable to the petitioner, they shall be taxed for each commissioner at the rate of three dollars a day, and five cents a mile for travel to and from the place of meeting, and paid to the county. If the persons recognizing refuse or neglect, when required by the commissioners, to pay such costs and expenses, the commissioners may, after notice to the persons who so recognized, issue a warrant against them or some of them, unless sufficient cause is shown to the contrary, for the amount ordered to be paid by them, with the further costs of the notice and warrant, and the money shall be collected and paid into the county treasury.

M.G.L. c. 34, § 19 Proceedings at other times than regular meetings and returns thereof

c. 34, § 19. Proceedings at other times than regular meetings and returns thereof Section 19. The commissioners severally may, at other times than at regular meetings, receive petitions relative to railroads or to matters where the county has no interest and may take recognizances thereon, and, upon such petitions and similar petitions entered at a regular meeting the commissioners or the chairman may, at other times than at regular meetings, appoint hearings and direct notices to be given to persons interested. They shall severally make return of such petitions and recognizances, with their proceedings, at any regular or special meeting held therefor; and the clerk shall record the same. The costs of any such special meeting shall be paid by such parties as the commissioners determine.

M.G.L. c. 34, § 20 Applicability of laws relating to county commissioners and clerks to certain other officers

c. 34, § 20. Applicability of laws relating to county commissioners and clerks to certain other officers Section 20. The laws relative to the powers, duties and liabilities of county commissioners and their clerks shall apply, except as otherwise provided, to all other public officers exercising their powers.

M.G.L. c. 34, § 21 Official letters

c. 34, § 21. Official letters Section 21. The provisions of section thirty of chapter thirty relative to the dimensions of official letters shall apply to letters from county officials.

M.G.L. c. 34, § 22 Breach or neglect of duty; penalty

c. 34, § 22. Breach or neglect of duty; penalty Section 22. For wilful breach or neglect of a duty imposed by law, a county commissioner or clerk of the county commissioners shall forfeit not less than fifty nor more than one thousand dollars, recoverable to the use of the county, at the suit of the attorney general.

M.G.L. c. 34, § 23 Gifts; use and disposition

c. 34, § 23. Gifts; use and disposition Section 23. Any county may receive, hold and manage any gift by devise, bequest or otherwise, to the use or benefit of the county or any activity, institution, organization, board, commission or other public body to the use of which funds of the county are advanced or contributed. Unless otherwise provided by the donor, any money so received or the proceeds of any such gift shall be placed at interest in savings banks or savings departments of trust companies incorporated under the laws of the commonwealth, or in savings departments of national banks, or shall be deposited on paid-up shares and accounts of and in cooperative banks, or shall be used to purchase share accounts of federal savings and loan associations located in the commonwealth, or invested in securities which are legal investments for savings banks. The county treasurer shall be the custodian of such fund and securities, and shall invest and reinvest the same, and expend therefrom moneys as directed by the county commissioners.

M.G.L. c. 34, § 24 Federal grants; acceptance, custody and disposition

c. 34, § 24. Federal grants; acceptance, custody and disposition Section 24. Any county officer or department may, with the approval of the county commissioners, accept any grant from the federal government for the use or benefit of the county or any activity, institution or board. The county treasurer shall be the custodian of such grant, which shall be held as a separate account and expended for the purposes of such grant.

M.G.L. c. 34, § 25 Acquisition of real property

c. 34, § 25. Acquisition of real property Section 25. The commissioners may, subject to appropriation, acquire by eminent domain, or by purchase or otherwise, the fee or other lesser interest in such real property within their respective counties as may be necessary to maintain, improve, protect, limit the future use of or otherwise conserve and properly utilize open spaces, and may control and manage the same; provided that such acquisition has been approved by the department of environmental management and the conservation committee of the city or town within which such land lies, or if such city or town has no conservation committee by a two thirds vote of the city council in the case of a city and by a two thirds vote of the board of selectmen in the case of a town. Land used for farming or agriculture, as defined in section one A of chapter one hundred and twenty-eight, shall not be taken by eminent domain under the authority of this section.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter34Fetched: 10/20/2026