CIVIL SERVICE

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

in effect

M.G.L. c. 31, § 1 Definitions

c. 31, § 1. Definitions Section 1. In this chapter, the following words and phrases shall have the following meanings, unless the context requires otherwise:— ''Administrator'', the agency head or chief human resources officer of the human resources division within the executive office for administration and finance or a delegated agent. ''Appointing authority'', any person, board or commission with power to appoint or employ personnel in civil service positions. ''Basic merit principles'', shall mean (a) recruiting, selecting and advancing of employees on the basis of their relative ability, knowledge and skills including open consideration of qualified applicants for initial appointment; (b) providing of equitable and adequate compensation for all employees; (c) providing of training and development for employees, as needed, to assure the advancement and high quality performance of such employees; (d) retaining of employees on the basis of adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected; (e) notwithstanding potential remedies provided by any other laws that prohibit discrimination in employment, 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, military status, disability, sexual orientation, gender identity 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. ''Career management service positions'', those managerial and confidential positions so designated in accordance with the provisions of section forty-eight A. ''Certification'', the designation to an appointing authority by the administrator of sufficient names from an eligible list or register for consideration of the applicants' qualifications for appointment pursuant to the personnel administration rules. ''Civil service appointment'', an original appointment or a promotional appointment made pursuant to the provisions of the civil service law and rules. ''Civil service employee'', a person holding a civil service appointment. ''Civil service law'', this chapter. ''Civil service law and rules'', this chapter and the rules promulgated pursuant to this chapter. ''Civil service position'', an office or position, appointment to which is subject to the requirements of the civil service law and rules. ''Commission'', the civil service commission of the commonwealth. ''Division'', the human resources division within the executive office for administration and finance. ''Departmental unit'', a board, commission, department, or any division, institutional component, or other component of a department established by law, ordinance, or by-law. ''Disability'', any condition or characteristic, physical or mental, which substantially limits one or more major life activities; or a record of such impairment; or the external manifestations of such impairment. ''Disabled veteran'', any veteran, as defined in this section, who (1) has a continuing service-incurred disability of not less than ten per cent based on wartime service for which he is receiving or entitled to receive compensation from the veterans administration or, provided that such disability is a permanent physical disability, for which he has been retired from any branch of the armed forces and is receiving or is entitled to receive a retirement allowance, or (2) has a continuing service-incurred disability based on wartime service for which he is receiving or is entitled to receive a statutory award from the veterans administration. ''Discharge'', the permanent, involuntary separation of a person from his civil service employment by his appointing authority. ''Eligible list'', a list established by the administrator, pursuant to the civil service law and rules, of persons who have passed an examination; or a re-employment list established pursuant to section forty; or a list of intermittent or reserve fire or police officers as authorized under the provisions of section sixty; or any other list established pursuant to the civil service rules from which certifications are made to appointing authorities to fill positions in the official service. ''Entrance requirements'', the experience and educational prerequisites which an applicant must satisfy in addition to passing a civil service examination, where required by the rules of the administrator, to be qualified for appointment to a civil service position. ''Entry level'', a position having a title which is the lowest in a series of titles in a municipal or in the state classification plan, whether or not higher titles in same job series exist in the same department. ''Essay question'', a question in an examination requiring an applicant to compose a written response of one or more sentences or requiring other than a limited response or short answer. ''Executive office'', an office established pursuant to chapter six A or chapter seven. ''Labor service'', the composite of all civil service positions whose duties are such that a suitable selection for such positions may be made based upon registration pursuant to section twenty-eight, rather than by competitive examination. ''Layoff'', a temporary discontinuance of employment for lack of work or lack of money. ''Official service'', the composite of all civil service positions not in the labor service. ''Original appointment'', an appointment pursuant to section 6, 6D or 28. ''Performance evaluation'', an evaluation of an employee's performance in accordance with the standards outlined in section six A to six C, inclusive. ''Permanent employee'', a person who is employed in a civil service position (1) following an original appointment, subject to the serving of a probationary period as required by law, but otherwise without restriction as to the duration of his employment; or (2) following a promotional appointment, without restriction as to the duration of his employment. ''Person with an intellectual disability'', a person certified as having an intellectual disability by MassAbility. ''Promotional appointment'', an appointment pursuant to section seven or in the labor service, pursuant to the civil service rules, of a person employed in one title to a higher title in the same or a different series, or to another title which is not higher but where substantially dissimilar requirements prevent a transfer pursuant to section thirty-five. ''Provisional employee'', a person who is employed in a civil service position, pursuant to and in accordance with sections twelve, thirteen and fourteen. ''Register'', a list established by the administrator pursuant to the civil service law and rules, from which certifications are made to appointing authorities to fill civil service positions in the labor service. ''Reinstatement'', the restoration of an employee to a position pursuant to the civil service law and rules. ''Requisition'', a request by an appointing authority to the administrator to certify names of persons for appointment to civil service positions. ''Resignation'', a permanent voluntary separation from service. ''Roster'', a list of permanent employees in a departmental unit, arranged according to seniority, and of employees appointed pursuant to temporary or provisional appointments. ''Rules'', the rules promulgated by the personnel administrator pursuant to civil service law. ''Seasonal position'', a position requiring the services of an incumbent, on either a full-time or less than full-time basis, beginning no earlier than May first and ending no later than September thirtieth or beginning no earlier than November first and ending no later than April first in any twelve month period; provided, however, that the following position shall not be deemed to be seasonal: (1) a position in the police force or fire force of a city or town, (2) a permanent position for which funds have been appropriated or are available on a permanent basis. Notwithstanding any provision of this chapter to the contrary, a position of a police officer in a police department within the counties of Barnstable, Bristol, Dukes, Essex, Middlesex, Nantucket, Norfolk, Plymouth and Suffolk employed on either a full-time or less than full-time basis, beginning not earlier than May first and ending no later than September thirteenth shall be deemed to be a seasonal position and shall be exempt from the provisions of this chapter. ''Series'', a vertical grouping of related titles so that they form a career ladder. ''Suspension'', a temporary, involuntary separation of a person from his civil service employment by the appointing authority. ''Temporary employee'', a person who is employed in a civil service position, after a civil service appointment, for a specified period of time or for the duration of a temporary vacancy. ''Tenured employee'', a civil service employee who is employed following (1) an original appointment to a position on a permanent basis and the actual performance of the duties of such position for the probationary period required by law or (2), a promotional appointment on a permanent basis. ''Title'', a descriptive name applied to a position or to a group of positions having similar duties and the same general level of responsibility. ''Veteran'', any person who: (1) comes within the definition of a veteran appearing in the forty-third clause of section seven of chapter four; or, (2) comes within such definition except that instead of having performed ''wartime service'' as defined therein, he has been awarded the Congressional Medal of Honor or one of the following campaign badges: Second Nicaraguan Campaign, Yangtze Service, Navy Occupation Service, Army of Occupation or Medal for Humane Action; or, (3) is a person eligible to receive the Congressional Medal of Honor or one of the campaign badges enumerated in clause (2) of this paragraph and who presents proof of such eligibility which is satisfactory to the administrator. A veteran shall not include active duty for training in the army national guard or air national guard or active duty for training as a reservist in the armed forces of the United States. ''Wartime service'', the same meaning as specified in the forty-third clause of section seven of chapter four, or active service in the armed forces of the United States in any campaign for which an award was made of any of the campaign badges enumerated in the definition of ''veteran'' in this section.

M.G.L. c. 31, § 2 Powers and duties of commission

c. 31, § 2. Powers and duties of commission Section 2. In addition to its other powers and duties, the commission shall have the following powers and duties: (a) To conduct investigations at its discretion or upon the written request of the governor, the executive council, the general court or either of its branches, the administrator, an aggrieved person, or by ten persons registered to vote in the commonwealth. (b) To hear and decide appeals by a person aggrieved by any decision, action, or failure to act by the administrator, except as limited by the provisions of section twenty-four relating to the grading of examinations; provided that no decision or action of the administrator shall be reversed or modified nor shall any action be ordered in the case of a failure of the administrator to act, except by an affirmative vote of at least three members of the commission, and in each such case the commission shall state in the minutes of its proceedings the specific reasons for its decision. No person shall be deemed to be aggrieved under the provisions of this section unless such person has made specific allegations in writing that a decision, action, or failure to act on the part of the administrator was in violation of this chapter, the rules or basic merit principles promulgated thereunder and said allegations shall show that such person's rights were abridged, denied, or prejudiced in such a manner as to cause actual harm to the person's employment status. The appeal shall be accompanied by such form as the commission may prescribe containing a statement of the allegations that form the basis of the aggrieved person's appeal with specific reference to the provisions of this chapter or the rules of the administrator or basic merit principles that have been violated, together with an explanation of how the person has been harmed. Hearings on any appeal pending before the commission may be held before any member thereof, who shall report their findings of fact and recommendations to the commission for its action. Alternatively, the chair of the commission may appoint as hearing officer any other disinterested person who is experienced in adjudication or well-versed in the provisions of this chapter; provided, that upon the conclusion of any such hearing, and consistent with the provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice and Procedure, the assigned hearing officer shall report their findings of fact and recommendations to the commission for its action. No decision of the administrator involving the application of standards established by law or rule to a fact situation shall be reversed by the commission except upon a finding that such decision was not based upon a preponderance of evidence in the record. (c) Subject to the procedures set forth in paragraph (b), except that all references therein to the administrator shall be taken to mean the local appointing authority or its designated representative, to hear and decide appeals by persons aggrieved by decisions, actions, or failure to act by local appointing authorities in accordance with the provisions of section 8 of chapter 31A or this chapter; provided, however, that the commission shall not have jurisdiction to hear an appeal of a decision by the Massachusetts peace officer standards and training commission established pursuant to chapter 6E to take adverse action against a law enforcement officer under section 10 of said chapter 6E. (d) To hear and decide appeals concerning performance evaluations or performance audits conducted by the administrator, as provided by this chapter or chapter 31A. (e) To award reasonable attorneys' fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such an award in full unjust. (f) To recommend any proposed rule changes to the administrator it feels would be consistent with basic merit principles outlined in this chapter and would be in the public interest. (g) To adopt such rules of procedure as necessary for the conduct of its proceedings. (h) To close all or a portion of a hearing or proceeding conducted by the commission pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a person's health or other acutely sensitive or confidential information.

M.G.L. c. 31, § 3 Rules

c. 31, § 3. Rules Section 3. The administrator shall make and amend rules which shall regulate the recruitment, selection, training and employment of persons for civil service positions; provided, however, that the commission shall review such rules and in the event the commission determines that any proposed rule violates the basic merit principles outlined in this chapter, it may, within fifteen days of receipt of such proposed rule, by a three-fifths vote, disapprove such proposed rule. Such rules and amendments thereto shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed. Such rules shall include provisions for the following: (a) Establishment of civil service series and titles, provided that for employment in the service of the commonwealth such series and titles shall be consistent with those established pursuant to section forty-five of chapter thirty. (b) Placement of civil service positions in the official or labor service. (c) Open competitive and other examinations to test the practical fitness of applicants. (d) Selection of persons for positions and employment in accordance with the results of examinations, or in the order of application, or otherwise. (e) Promotional appointments, on the basis of merit as determined by examination, performance evaluation, seniority of service or any combination of factors which fairly test the applicant's ability to perform the duties of the position as determined by the administrator. (f) Preferences to veterans in original and promotional appointments. Any person, who meets the definition of veteran but has not yet been discharged from military service and was serving in the armed forces at the time of examination shall receive the same preference afforded to veterans; provided, however, that such person shall provide official documentation of honorable discharge at the time of appointment. If such person fails to provide proper documentation, such appointment and preference shall be immediately rescinded. (g) Subject to prior preference to disabled veterans, preference to blind persons in the employment by any state department, board or commission of typists to take dictation solely from dictating machines. (h) Transfers within and between departmental units. (i) In the development of examination procedures shall consult with representatives of labor and professionals in the field to increase emphasis upon aptitudes relevant to performing the position to be tested. (j) The establishment and direction of a career management service program. (k) The development of recruitment programs, and (l) The oversight responsibility for development of training programs in the various state agencies of the commonwealth.

M.G.L. c. 31, § 4 New or amended rules; hearings; publication

c. 31, § 4. New or amended rules; hearings; publication Section 4. A new rule of the administrator and any amendment to an existing rule shall not be effective until after a public hearing relative to such change has been held by the administrator at least thirty days prior to such proposed rule change and until such change has been reviewed by the commission. Failure of the commission to reject by majority vote of all members such change within fifteen days of submission by the administrator shall authorize the administrator to issue such change. Not earlier than thirty nor later than fifteen days before such hearing the administrator shall send notice thereof to each member of the general court, to the mayor or city manager of each city and the selectmen of each town to which such rule or change relates, and shall also publish such notice on the websites of the administrator and the commission. Notices of the hearing shall also be sent, within the same period, to the clerks of the several cities and towns who shall post them in the city or town halls and other conspicuous places. There shall be posted by the clerk not less than three copies of such notice in every town and not less than one per ward in each city. Such notice shall contain information as to where copies of the proposed rule or change in rule may be obtained. After the hearing provided for by this paragraph, the administrator may issue such new rule or such change in an existing rule. The administrator, after the expiration of the review period without rejection, shall forthwith print such change and send a copy or transmit the entire revised set of rules via electronic media to the mayor or city manager of each city, the selectmen of each town, and to state appointing authorities to which such change relates, and to each member of the general court, and shall publish such new rule or change in rule on the websites of the administrator and the commission. Such publication shall specify the effective date of such new rule or change in rule, which shall be not less than thirty days subsequent to the date of such publication.

M.G.L. c. 31, § 5 Powers and duties of administrator

c. 31, § 5. Powers and duties of administrator Section 5. In addition to his other powers and duties, imposed upon him by this chapter, chapter seven and chapter thirty the administrator shall have the following powers and duties: (a) To administer, enforce and comply with the civil service law and rules and the decisions of the commission. (b) Establish, with the approval of the commission, classification plans for positions in every city and town which are subject to any provisions of this chapter. Upon the establishment of each such classification plan, the administrator shall forthwith make such plan effective. He shall keep said classification plan current and, with like approval, may from time to time amend or change said classification plan. Failure of the commission to approve or reject said amendment or change within ninety days after the request by the administrator for approval thereof shall constitute an approval of said amendment or change. (c) To approve or disapprove specifications and qualifications submitted by an appointing authority in a city or town or other political subdivision of the commonwealth for any civil service position; and, in the case of any disapproval, to establish such specifications and qualifications when, in his opinion, the appointing authority has failed to furnish satisfactory specifications and qualifications within thirty days after notice to the appointing authority of such disapproval. (d) To evaluate the qualifications of applicants for civil service positions. (e) To conduct examinations for purposes of establishing eligible lists. (f) To establish such mandatory standards for civil service positions as he determines to be necessary, including standards designed to facilitate the employment of persons with disabilities, disadvantaged persons and persons who have been convicted of criminal offenses. (g) To develop and to assist appointing authorities in developing programs and opportunities for the employment of persons with disabilities and disadvantaged persons and for the rehabilitation and employment of persons who have been convicted of criminal offenses. (h) To maintain records of the following: examinations which have been conducted, eligible lists and registers which have been established, the names of persons certified for original and promotional appointment, and all permanent, provisional and temporary appointments to civil service positions. (i) When he shall determine to be necessary, to examine or direct the examination of and to investigate payrolls and bills and accounts for the payment of salaries and compensation for service in civil service positions. (j) On or before October first each year, to submit a written report to the general court, the governor, the commission, and the state library describing the activities of the division during the previous fiscal year. Such report shall include data on examinations and appointments and any recommendations of the administrator for the improvement of the operation of the division. (k) To establish a recruitment program to recruit applicants for civil service positions. (l) To delegate the administrative functions of the civil service system, so far as practicable, to the various state agencies and cities and towns of the commonwealth. (m) To act as a coordinator and technical assistant in the development and training programs to the various state agencies and cities and towns of the commonwealth. (n) To establish a schedule of fees to be collected from applicants taking non-promotional civil service examinations, and to provide for the waiver of such fees in appropriate instances. (o) To establish and act as coordinator of a career management service program for employees of the commonwealth. (p) To provide training programs and technical expertise on the substantive and procedural issues involved in disciplinary actions involving the various state agencies.

M.G.L. c. 31, § 6 Appointments; requisitions

c. 31, § 6. Appointments; requisitions Section 6. Each appointment to a civil service position shall be made by an original appointment pursuant to the provisions of this section or by a promotional appointment pursuant to the provisions of section seven, except as otherwise provided by this chapter or other law. Each such original appointment in the official service shall be made after certification from an eligible list established as the result of a competitive examination for which civil service employees and non-civil service employees were eligible to apply, except as otherwise provided by sections 6D, 26, 40, 47, 56 and 60. An appointing authority desiring to make an original appointment in the official service shall submit a requisition to the administrator. Upon receipt of such requisition, the administrator shall certify from the eligible list sufficient names of persons for consideration of their qualifications for appointment by the appointing authority pursuant to section twenty-five and the personnel administration rules. If no suitable eligible list exists, or if the list contains the names of fewer than three persons who are qualified for appointment and willing to accept employment, the appointing authority may make a provisional appointment pursuant to sections twelve, thirteen and fourteen. An appointing authority may requisition to fill any position by original appointment pursuant to this section, or, where a promotional appointment may be made under the civil service law and rules, it may requisition to fill a position by promotional appointment pursuant to section seven. Any request by an appointing authority to the administrator to fill a vacancy, other than a temporary vacancy, in a permanent position shall include a statement that such position is permanent and that such vacancy is to be filled on a permanent basis.

M.G.L. c. 31, § 6A Performance evaluation system; implementation

c. 31, § 6A. Performance evaluation system; implementation Section 6A. The administrator shall establish a program for the implementation of a performance evaluation system for all civil service employees. In the development of the performance evaluation system for municipal civil service employees the administrator shall, in conjunction with representatives of the collective bargaining units to be evaluated and the Massachusetts Municipal Association, determine their form, method and general criteria. The administrator shall supervise the general implementation of the performance evaluation system for the commonwealth's civil service employees and in conjunction with representatives of the collective bargaining units to be evaluated, determine their form, method and general criteria. The evaluation system shall, to the maximum extent possible, evaluate on the basis of objective criteria, the job performance of each such employee, and the results of such evaluations may be utilized by the division or the appointing authority in future personnel determinations. Upon the establishment of the general format and criteria for such evaluation system, such format and criteria shall be adopted as rules by the administrator in accordance with the provisions of section four. Such evaluation system shall include, but not be limited to, the following general provisions: (1) All performance evaluations may be in writing or a printable electronic format and shall be maintained as part of the employee's records by the employee's appointing authority until the employee leaves civil service employment or as otherwise prescribed by the administrator. (2) Prior to each evaluation period, the immediate supervisor shall inform the employee of the general performance dimensions and the procedures to be utilized in evaluating the employee's performance; provided, however, that the supervisor shall also inform the employee that the evaluation may be utilized by the department or the appointing authority in future personnel determinations. (3) After the evaluation has been conducted, the immediate supervisor shall confer with the employee concerning the evaluation; provided, however, that upon completion of the employee's review of an evaluation, the employee shall acknowledge receipt of the evaluation and indicate whether the employee agrees or disagrees with the evaluation; and provided further, that upon request, the employee or, with the employee's consent, the employee's collective bargaining agent, may be provided with a copy of the evaluation.

M.G.L. c. 31, § 6B Weight of performance evaluation in promotions

c. 31, § 6B. Weight of performance evaluation in promotions Section 6B. The weight given to performance evaluation in promotional decisions for civil service positions shall be determined by the administrator in conjunction with representatives of collective bargaining units containing the titles to be tested. Following such determination but no later than fifteen days prior to the distribution of the examination notice, the administrator shall notify the participating collective bargaining representatives, in writing, of his determination as to the appropriate weight to be given to performance appraisals in the making of the promotional decision involved. This written notification shall include specific justification for the determination made and for the rejection of alternate proposals, if any. The participating collective bargaining representatives shall have fifteen days in which to review the determination, to request review of proposed revisions, to request further consultation or to seek any combination of the foregoing. The administrator shall grant all such requests and promptly provide a written explanation of his further determination if requested by any such collective bargaining representative.

M.G.L. c. 31, § 6C Employee disagreement with evaluation; appeal

c. 31, § 6C. Employee disagreement with evaluation; appeal Section 6C. A civil service employee, except an employee serving during his probationary period, who receives an evaluation with which he disagrees, shall within ten days unless otherwise specified in the collective bargaining agreement, select an option of appealing the results of such evaluation through either the grievance procedure contained in the employee's respective collective bargaining agreement or through the procedures outlined in paragraphs (a) to (c), inclusive. (a) Within ten days after the employee has reviewed the original evaluation, he may appeal the evaluation to a neutral party selected by the appointing authority to review the evaluation. (b) Within ten days of receipt of a decision on employee's appeal outlined in paragraph (a), the employee or the employer may appeal an evaluation to a three-member panel appointed by the appointing authority, in conjunction with representatives of labor. (c) Within ten days receipt of a decision on an appeal provided for in paragraph (b) the employer or the employee may further appeal the evaluation to the civil service commission. The commission shall, within twenty-one days after the close of such hearing or the evaluation, render a written decision and send notice thereof to all parties concerned. Saturdays, Sundays, vacation days, and legal holidays shall not be counted in the computation of any period of time specified in this section.

M.G.L. c. 31, § 6D Original appointments of municipal appointing authority

c. 31, § 6D. Original appointments of municipal appointing authority [Text of section effective until January 1, 2035. Repealed by 2024, 238, Sec. 120. See 2024, 238, Sec. 327.] Section 6D. Notwithstanding any general or special law to the contrary, the administrator may approve the original appointments of a municipal appointing authority sanctioned by sections 59A, 59B or 59C; provided, that the administrator's role in facilitating such alternative original appointments shall not serve as the predicate for any claim asserted against the administrator under chapter 151B.

M.G.L. c. 31, § 7 Promotional appointments in official service

c. 31, § 7. Promotional appointments in official service Section 7. Each promotional appointment within the official service shall be made pursuant to section eight or after certification from an eligible list established as a result of one of the following types of examinations: (a) a departmental promotional examination pursuant to section nine, (b) an alternate departmental promotional examination pursuant to section ten or (c) a competitive promotional examination pursuant to section eleven, provided that promotional appointments in such police and fire forces of cities and towns as are within the official service shall be made pursuant to section fifty-nine or section sixty-five. An appointing authority desiring to make a promotional appointment shall recommend the type of examination to be utilized. An appointing authority desiring to make a promotional appointment within the official service, other than a promotional appointment pursuant to section eight, shall, if a suitable eligible list exists, submit a requisition to the administrator. Upon receipt of such requisition the administrator shall certify from such list the names of persons eligible for such promotional appointment. If no suitable list exists, or if the list contains the names of less than three persons who are eligible for and willing to accept employment, the appointing authority may request authorization to make a provisional appointment pursuant to sections twelve, thirteen, and fourteen or a provisional promotion pursuant to section fifteen. An appointing authority may make a temporary promotional appointment to a temporary position or to fill a temporary vacancy in a permanent position. A promotional appointment made pursuant to this paragraph shall not be deemed to interrupt the period of service in the permanent position from which such promotional appointment was made where such service is required to establish eligibility for a promotional examination. An appointing authority may make a promotional appointment of an employee in the labor service to a position in the official service pursuant to the provisions of section thirty.

M.G.L. c. 31, § 8 Promotional appointments in official service within same departmental unit

c. 31, § 8. Promotional appointments in official service within same departmental unit Section 8. An appointing authority, with the approval of the administrator, may promote an employee in the official service from one title to the next higher title in the same series in the same departmental unit, subject to the following requirements: (a) such employee shall have been employed in such unit in such lower title as a permanent employee for three years or longer immediately preceding the request for approval of such promotion; (b) such employee is the first, second, or third ranking employee in length of service in such departmental unit who is willing to accept the promotion; and (c) such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of the higher title; provided that an employee in a departmental unit of a city, town or district who has been employed in such unit in a lower title as a permanent employee for not less than one year next preceding the date of such request may be promoted to the next higher title in the same series if there is no other employee in such lower title or any other lower title in such series who has also been so employed, and if such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of such higher title. The relative ranking of titles as next higher or lower shall be determined by the administrator. In case of promotional appointments of more than one employee, the appointing authority may select from among the same number of employees with the greatest length of service as the number provided in the civil service rules governing appointments to fill more than one vacancy. The effective date of a promotional appointment made pursuant to this section shall be the date on which the person promoted assumes the duties of the higher title, as certified by the appointing authority, following the approval of the promotion by the administrator. The provisions of this section may be utilized to make a temporary promotional appointment to fill a temporary vacancy in a permanent position if the administrator is satisfied that such vacancy is likely to become permanent within a reasonable period of time. If a person has received such a promotional appointment, the administrator, upon the request of the appointing authority, may approve such promotional appointment on a permanent basis when the position to which the temporary promotional appointment has been made becomes permanently vacated.

M.G.L. c. 31, § 9 Departmental promotional examinations

c. 31, § 9. Departmental promotional examinations Section 9. Pursuant to the provisions of this section, an appointing authority may make a promotional appointment within a departmental unit on the basis of a departmental promotional examination. Such departmental promotional examination shall be open, until there are at least two employees in lower titles eligible to apply, only to persons who have been employed in the departmental unit as civil service employees for at least one year immediately preceding the date of the examination, who have no permanent status in such unit in a title higher than the examination title, and who have been employed in such unit as civil service employees in a title equal to that of the position for which the examination is to be held or in the next lower titles, as determined by the administrator, for at least one year at any time preceding the date of the examination.

M.G.L. c. 31, § 10 Alternate departmental promotional examinations

c. 31, § 10. Alternate departmental promotional examinations Section 10. An appointing authority may make a promotional appointment within a departmental unit on the basis of an alternate departmental promotional examination pursuant to this section. Eligibility to take such examination shall extend only to persons who have been employed in the departmental unit as civil service employees for at least one year immediately preceding the date of examination and who have no permanent status in such unit in a title higher than that of the position to which the promotional appointment is to be made. In addition, eligibility to take such examination shall extend only to: (1) persons who have been employed in the departmental unit as civil service employees for one year or longer at any time preceding the date of the examination in a position which the administrator determines to be directly qualifying for the position for which the examination is to be held or (2) employees who satisfy such experience or education and training requirements as the administrator determines shall be qualifying for the position for which the examination is to be held. Such experience, education or training may have been acquired within or without the departmental unit and shall be credited by the administrator only upon the presentation of evidence satisfactory to the administrator that such experience, education or training is of the length, type and quality determined by the administrator to be qualifying for the position for which the examination is to be held. The provisions of this section may be applied, upon approval of the administrator, to competitive promotional examinations held pursuant to section eleven. The provisions of this section may also be utilized to hold promotional examinations which shall be open to eligible employees of an entire executive office, with the approval of the secretary thereof.

M.G.L. c. 31, § 11 Competitive promotional examinations

c. 31, § 11. Competitive promotional examinations Section 11. An appointing authority may make a promotional appointment on the basis of a competitive promotional examination, pursuant to the provisions of this section, which shall be open to all permanent employees of the commonwealth, or of the city, town, or district where the promotion is to be made, as the case may be, who have been employed for at least the six months next preceding the date of said examination as civil service employees in titles determined by the administrator to be eligible titles.

M.G.L. c. 31, § 12 Provisional appointments

c. 31, § 12. Provisional appointments Section 12. An appointing authority may make a provisional appointment to a position in the official service with the authorization of the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the authorization of the secretary of such office. Such authorization may be given only if no suitable eligible list exists from which certification of names may be made for such appointment or if the list contains the names of less than three persons who are eligible for and willing to accept employment and the appointing authority submits a written statement to the administrator that each person whose name was certified and who reported for an interview was interviewed and considered for appointment and states sound and sufficient reasons, satisfactory to the administrator, for not making an appointment from among such persons. A provisional appointment may be authorized pending the establishment of an eligible list. Such authorization shall be void unless exercised within two weeks after it is granted. After authorization of a provisional appointment pursuant to the preceding paragraph, the administrator shall proceed to conduct an examination as he determines necessary and to establish an eligible list. Such examination shall be held and such eligible list shall be established within one year from the date of such authorization if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions. If, as the result of such examination, no suitable eligible list is established, the administrator, upon the request of the appointing authority, may authorize an extension of the provisional appointment pending the results of another examination. Upon authorization of such an extension, the administrator shall arrange to hold a new examination forthwith and to determine the results of such examination. The eligible list resulting from such new examination shall be established within eighteen months of the determination of the results of the last previous examination, provided, however, that such new examination shall be held no later than one year from the date the last examination was held if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions. If no eligible list is established after a second examination for the same position, the administrator and the appointing authority shall confer and decide what action should be taken, such as the holding of another examination on a different basis.

M.G.L. c. 31, § 13 Provisional appointments; notice; filing

c. 31, § 13. Provisional appointments; notice; filing Section 13. An appointing authority, in requesting authorization to make a provisional appointment, shall file with the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the secretary in charge of such office, a notice containing: (1) the information which the appointing authority believes is necessary to prepare and conduct an examination for the position for which such authorization is being requested, including a statement of the duties of the position, and the knowledge, skills and abilities necessary to perform such duties; (2) a proposal specifying the type of examination which should be held by the administrator; (3) a substantiation that the person proposed for the provisional appointment meets the proposed requirements for appointment to the position and possesses the knowledge, skills and abilities necessary to perform such duties.

M.G.L. c. 31, § 14 Provisional appointments; authorization; reports; length of service; termination

c. 31, § 14. Provisional appointments; authorization; reports; length of service; termination Section 14. Upon receipt of the notice described in section thirteen, the administrator or the secretary in charge of the executive office, as the case may be, may authorize a provisional appointment if he determines that the contents of the notice are satisfactory. If the administrator or secretary and the appointing authority which filed the notice agree that the duties, qualifications and entrance requirements are correct as stated in the notice and if no person who meets the entrance requirements can be found for provisional appointment to the position pending the holding of an examination and the establishment of an eligible list, the position shall remain unfilled until such eligible list is established; provided, however, that if an emergency exists, and the appointing authority describes the reasons for the emergency, states that such position must be filled because of such emergency, and submits a statement which describes to the satisfaction of the administrator the steps which have been taken to find a person who meets the entrance requirements for the position, the administrator may authorize a provisional appointment of a person who does not meet such entrance requirements. Such authorization in the case of such emergency shall not constitute a finding that the person so provisionally appointed is eligible to take the examination for such position. Each provisional appointment shall be reported by the appointing authority to the administrator. A provisional appointment may be terminated by the administrator at any time and, except as provided in the preceding paragraph, shall be terminated forthwith whenever the administrator or secretary shall determine that the person appointed does not, in fact, possess the approved qualifications or satisfy the approved requirements for the position. The administrator shall have the authority to terminate a provisional appointment which was approved by a secretary of an executive office. Except as otherwise provided by section fifteen, no provisional employment in a position shall be authorized, approved, or continued for more than thirty days following a certification from an eligible list if such list contains the names of three persons eligible for and willing to accept appointment to such position. A provisional appointment shall be terminated if there is a change in the nature of the employment or in the salary of the person who has been provisionally appointed.

M.G.L. c. 31, § 15 Provisional promotions

c. 31, § 15. Provisional promotions Section 15. An appointing authority may, with the approval of the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the approval of the secretary of such office, make a provisional promotion of a civil service employee in one title to the next higher title in the same departmental unit. Such provisional promotion may be made only if there is no suitable eligible list, or if the list contains the names of less than three persons eligible for and willing to accept employment, or if an eligible list has been established as a result of a competitive examination for an original appointment and the appointing authority requests that the position be filled by a departmental promotional examination or pursuant to section eight. No provisional promotion shall be continued after a certification by the administrator of the names of three persons eligible for and willing to accept promotion to such position. If there is no such employee in the next lower title who is qualified for and willing to accept such a provisional promotion the administrator may authorize a provisional promotion of a permanent employee in the departmental unit without regard to title, upon submission to the administrator by the appointing authority of sound and sufficient reasons therefor, satisfactory to the administrator. If the administrator has approved the holding of a competitive promotional examination pursuant to section eleven, he may authorize the provisional promotion of a person who is eligible to take such examination, without regard to departmental unit. A provisional promotion pursuant to this section shall not be deemed to interrupt the period of service in the position from which the provisional promotion was made where such service is required to establish eligibility for any promotional examination. A secretary of an executive office who approves a provisional promotion pursuant to this section shall notify the administrator of each such approval. Such approval shall be made pursuant to the civil service law and rules, and such notification shall be made in such form as shall be required by the administrator. The administrator shall terminate any provisional promotion if, at any time, he determines that (1) it was made in violation of the civil service law and rules, or (2) the person provisionally promoted does not possess the qualifications or satisfy the requirements for the position. An appointing authority which makes a provisional promotion pursuant to this section shall report such promotion to the administrator.

M.G.L. c. 31, § 16 Scope of examinations; marks; appointments based solely on training and experience

c. 31, § 16. Scope of examinations; marks; appointments based solely on training and experience Section 16. Examinations shall be conducted under the direction of the administrator, who shall determine their form, method and subject matter. Examinations shall fairly test the knowledge, skills and abilities which can be practically and reliably measured and which are actually required to perform the primary or dominant duties of the position for which the examination is held. The administrator shall, in development of examinations, consult with representatives of labor and professionals in the field to increase emphasis upon aptitudes relevant to performing the positions to be tested. Upon the application of a handicapped person to take an examination for any position, the administrator, upon written request of such person, shall make reasonable accommodations as will enable such handicapped person to take the examination. The administrator shall, subject to the provisions of section twenty-six, where applicable, examine, qualify, and rank applicants for original or promotional appointments solely on the basis of training, experience, education or other criteria considered appropriate by the administrator (a) for a scientific or professional position for which education at or above the master's degree level is required by statute or under authority thereof; (b) when the major duty of a position is such that applicants are required to have successfully completed a course in emergency medical care pursuant to the provisions of chapter one hundred and eleven C; (c) when the major duty of a position is such that applicants are required to possess a certificate, registration or license issued after examination by a state board of registration or examiners or by a professional association specified by the administrator. A person who has taken a civil service examination pursuant to this paragraph shall not have recourse to the review procedures set forth in section twenty-two.

M.G.L. c. 31, § 17 Persons with bachelor's degrees; examination; eligible list; certification

c. 31, § 17. Persons with bachelor's degrees; examination; eligible list; certification Section 17. The administrator, without requisition from an appointing authority, may hold a competitive examination to establish an eligible list of persons with bachelor's degrees. Such examination shall be open to any person who, at the time of the examination, has completed, or expects to complete within nine months, a four year course leading to a bachelor's degree from an accredited college or university or who has a combination of education and experience in administrative, professional or investigative work which the administrator finds acceptable. Names shall be placed on the eligible list established as a result of such examination in the order specified by section twenty-six. Such list shall be open to public inspection. Each applicant shall be notified promptly of his mark on the examination. Certification from such list shall be made by the administrator only to fill vacancies in offices or positions in the official service for which he determines the examination to have been appropriate. Certifications from such list to the subdivisions of the commonwealth shall be made only upon request of the appointing authority. A person who has taken an examination pursuant to this section shall not have recourse to the review procedures set forth in section twenty-two.

M.G.L. c. 31, § 18 Notice of examinations for original appointments; posting

c. 31, § 18. Notice of examinations for original appointments; posting Section 18. The administrator shall prepare notices of all examinations for original appointment to the official service and shall send such notices to the clerks of those cities and towns where persons are domiciled who may be eligible to apply to take such examinations. The clerks shall cause a minimum of five such notices to be posted in the city and town halls and in other conspicuous places for at least three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, as directed by the administrator. The clerks of such cities and towns shall submit an annual report to the administrator certifying that all such notices have been posted pursuant to the requirements of this section. The administrator shall determine when such annual report shall be submitted and the specific information it shall contain concerning the time and place of posting of notices. The administrator, on the basis of his assessment of local conditions, may require posting in addition to that required by this section or may modify the requirements of this section in some other manner. The administrator shall distribute to high schools in the commonwealth notices of examinations for original appointment to entry level positions in state service and service in political subdivisions of the commonwealth for which persons in their senior year of high school are eligible. The administrator shall cause to be posted copies of all notices required by this section in a conspicuous place at the office of the division for not less than three weeks prior to the final day for the filing of applications for the examination or, if no such final day for filing is indicated, for so long as he shall continue to accept applications for the examination. Each notice required by this section shall state the duties, compensation, and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, if any, and any other information which the administrator determines should be included because of its relevancy and usefulness.

M.G.L. c. 31, § 19 Notice of examination for promotional appointments; posting

c. 31, § 19. Notice of examination for promotional appointments; posting Section 19. The administrator shall prepare a notice of each competitive examination to be held for a promotional appointment in the official service. The administrator shall send copies of such notice to the appointing authority for the departmental unit in which the promotional appointment is to be made and to the appointing authority for any other departmental unit in which persons eligible to take such examination may be employed. Any appointing authority receiving such notice shall cause it to be posted in conspicuous places in the departmental unit and in each of its branch offices. Such appointing authority shall mail a copy of such notice to any eligible employee of such unit who, during the entire period of such posting, is on sick or military leave, on vacation, or off the payroll. The appointing authority shall make provision for fully informing all employees in such departmental unit of the places where such notices are posted. Each notice required by this section shall state the duties, compensation, and title of and required qualifications for the position for which the examination is to be held, the time, place and manner of applying for admission to the examination, the entrance requirements, and any other information which the administrator determines should be included because of its relevancy and usefulness.

M.G.L. c. 31, § 20 Applications for examination or registration; fees

c. 31, § 20. Applications for examination or registration; fees Section 20. Each application for examination or registration pursuant to the civil service law and rules shall be made under the penalties of perjury and shall contain requests for such information as the administrator deems necessary. Each such application for a non-promotional examination shall include a fee, which may be waived by the administrator, subject to the rules adopted pursuant to section four.

M.G.L. c. 31, § 21 Educational and physical requirements; eligibility based on gender

c. 31, § 21. Educational and physical requirements; eligibility based on gender Section 21. The administrator may establish educational requirements and alternatives thereto, in addition to the educational requirements established by statute, as prerequisites for appointment to any civil service position. The administrator may also establish physical requirements, in addition to those established by statute and rule, as prerequisites for appointment to any civil service position; provided, however, that no applicant shall be discriminated against because he previously suffered from cancer if he is otherwise physically qualified and he signs a waiver of rights to disability benefits with respect to said cancer. The administrator may require an applicant for an original appointment to submit to physical examination prior to such appointment. The administrator may also require an applicant for a promotional appointment to submit a certificate of physical fitness signed by a physician approved by the administrator. Any person who is unable to meet a physical requirement established by the administrator shall not be disqualified as a result of such inability from applying for and receiving an appointment to a civil service position if such person submits proof, satisfactory to the administrator, that he was injured in the performance of his duties while employed pursuant to a provisional appointment in such position, that he is unable to meet the physical requirements established by the administrator for such position solely because of such injury, and that the injury does not prevent him from performing the duties of such position. Such person shall, however, be subject to all other requirements for appointment to the position. The administrator may limit eligibility for any examination for an original appointment to either male or female persons if the appointing authority requests such limitation in its requisition. Both male and female persons shall be presumed to be eligible for a promotional appointment to any civil service position; provided, however, that the administrator may limit such eligibility to either male or female persons if the duties and responsibilities of such position require special physical or medical standards or require custody or care of a person of a particular sex. The administrator shall notify the Massachusetts commission against discrimination when it issues a certification with this limitation. The administrator may limit eligibility to appear on a certification for an original appointment to persons who are fluent in a specified foreign language commonly spoken among the constituency to be served if the appointing authority requests such limitation in its requisition. For public safety departments that have entered into an agreement with the administrator to facilitate alternative pathway appointments under section 59A, at the end of the hiring cycle as defined by such agreement, any appointment to a municipal public safety position that resulted in the non-selection of another candidate entitled to a preference under section 26 and such other candidate would have been appointed but for the limitation of the special certification requiring foreign language fluency, the appointment shall be deemed by the local appointing authority to be pursuant to sections 59A and 59D if said restriction on the basis of foreign language fluency yielded an appointment of a candidate not entitled to any statutory preference.

M.G.L. c. 31, § 22 Passing requirements of examinations; credits; requests for review

c. 31, § 22. Passing requirements of examinations; credits; requests for review Section 22. The administrator shall determine the passing requirements of examinations. In any competitive examination, an applicant shall be given credit for employment or experience in the position for which the examination is held. In any examination, the applicant shall be allowed seven days after the date of such examination to file with the administrator a training and experience sheet and to receive credit for such training and experience as of the time designated by the administrator. Except as otherwise provided by sections sixteen and seventeen, an applicant may request the administrator to conduct one or more of the following reviews relating to an examination: (1) a review of the marking of the applicant's answers to essay and multiple choice questions; (2) a review of the marking of the applicant's training and experience; (3) a review of a finding by the administrator that the applicant did not meet the entrance requirements for the examination; provided, however, that the administrator may deny such request in the case of a competitive examination for original appointment if, at the time such request is made, the administrator is currently accepting applications for a subsequent examination of the same type for the same position. Such request for review of the marking of the applicant's answers to essay questions, of the marking of the applicant's training and experience, or of a finding that the applicant did not meet the entrance requirements for appointment to the position shall be filed with the administrator no later than seventeen days after the date of mailing by the administrator of the notice to the applicant of his mark on the examination or his failure to meet the entrance requirements for appointment to the position. An applicant may request the administrator to conduct a review of whether an examination taken by such applicant was a fair test of the applicant's fitness actually to perform the primary or dominant duties of the position for which the examination was held, provided that such request shall be filed with the administrator no later than seven days after the date of such examination. The administrator shall determine the form of a request for review. Each such request shall state the specific allegations on which it is based and the books or other publications relied upon to support the allegations. References to books or other publications shall include the title, author, edition, chapter and page number. Such reference shall also be accompanied by a complete quotation of that portion of the book or other publication which is being relied upon by the applicant. The administrator may require applicants to submit copies of such books or publications, or portions thereof, for his review.

M.G.L. c. 31, § 23 Review of examination papers; errors

c. 31, § 23. Review of examination papers; errors Section 23. Within six weeks after receipt of a request pursuant to section twenty-two, the administrator shall, subject to the provisions of this section, conduct such review, render a decision, and send a copy of such decision to the applicant. If the administrator finds that an error was made in the marking of the applicant's answer to an essay question, or in the marking of the applicant's training and experience, or in the finding that the applicant did not meet the entrance requirements for appointment to the position, the administrator shall make any necessary adjustment to correct such error. The administrator may refuse to conduct a review pursuant to this section where the grade of the applicant in any subject of the written examination is less than fifty per cent or the applicant has failed to file the request for review within the required time or in the required form.

M.G.L. c. 31, § 24 Appeals; petitions

c. 31, § 24. Appeals; petitions Section 24. An applicant may appeal to the commission from a decision of the administrator made pursuant to section twenty-three relative to (a) the marking of the applicant's answers to essay questions or training and experience sheet; (b) a finding that the applicant did not meet the entrance requirements for appointment to the position; or (c) a finding that the examination taken by such applicant was a fair test of the applicant's fitness to actually perform the primary or dominant duties of the position for which the examination was held. Such appeal shall be filed no later than seventeen days after the date of mailing of the decision of the administrator. The commission shall determine the form of the petition for appeal, provided that the petition shall include a brief statement of the allegations presented to the administrator for review. After acceptance of such an appeal, the commission shall conduct a hearing and, shall forthwith render a decision, and send a copy of such decision to the applicant and the administrator. The commission shall refuse to accept any petition for appeal unless the request for appeal, which was the basis for such petition, was filed in the required time and form and unless a decision on such request for review has been rendered by the administrator. In deciding an appeal pursuant to this section, the commission shall not allow credit for training or experience unless such training or experience was fully stated in the training and experience sheet filed by the applicant at the time designated by the administrator.

M.G.L. c. 31, § 25 Eligible lists; certification; refusal to accept employment

c. 31, § 25. Eligible lists; certification; refusal to accept employment Section 25. The administrator shall establish, maintain and revise eligible lists of persons who have passed each examination for appointment to a position in the official service. The names of such persons shall be arranged on each such list, subject to the provisions of section twenty-six, where applicable, in the order of their marks on the examination based upon which the list is established. Each such list shall be established or revised as soon as such marks are determined by the administrator, except that if such determination is made by the use of a written examination, the establishment or revision of the list shall be completed no later than six months after the date of such examination. The administrator shall make all eligible lists available for public inspection. All persons who have taken an examination shall be notified of the results thereof not later than sixty days after the date of such examination. If an examination is held for a position and the results are determined during the period of eligibility on a list for such position of persons who have taken a previous examination of the same type, the names of all persons who passed such examinations shall be consolidated in a single list. Eligibility of a person for placement on, and the standing of such person on, an eligible list for any position shall be determined by the results of the highest examination score achieved by such person for such position. Persons on an eligible list shall be eligible for certification from such list for such period as the administrator shall determine, but in any event not to exceed two years, unless one of the following exceptions applies: (1) such eligibility is extended by law because such persons are in the military or naval service; (2) the administrator is temporarily enjoined by a court order from certifying names from an eligible list, in which case eligibility of persons on such list shall be extended for a period equal to the duration of such order; or (3) no new list is established, in which case eligibility of all persons on such list shall be extended until a new list is established for the same position for which the original list was established; provided, however, that the administrator may revoke the eligibility of the entire list or of any persons on such list subsequent to said two-year period if he shall determine that the effective maintenance of the merit system so requires such revocation and, provided further, that a written notice and explanation for said revocation is sent to the clerks of the senate and house of representatives. Following the certification of names to an appointing authority, such appointing authority shall submit a written report to the administrator indicating (a) with respect to each person whose name was certified, whether such person appeared to sign the certification, (b) whether each person who so appeared declined or expressed willingness to accept employment, and (c) each person selected for appointment. Such report shall include such verification as the administrator may require that each person willing to accept employment meets or fails to meet the entrance requirements for appointment designated by the administrator. Failure to submit such report on or prior to the date of expiration of the eligibility of a person on such list may, in the administrator's discretion, nullify an appointment of such person; provided, however, that the name of a person who has been certified to an appointing authority for an entry-level position and who is under consideration for appointment shall remain in effect until the hiring process is completed by the appointing authority and any notice of appointment submitted to the administrator. The name of a person which was placed on an eligible list as the result of an examination for original appointment shall be removed from such list if the person fails to respond to a notice of certification or refuses to accept permanent or temporary employment after having previously expressed willingness to accept such employment, provided that the administrator may permit the name of such person to remain on the eligible list if such person submits to the administrator, during the period of his eligibility on such list, a satisfactory explanation of such refusal or failure to respond, and provided, further, that any person whose name is certified three times from an eligible list and who refuses, in each instance, to accept employment which he had previously expressed willingness to accept shall be ineligible to have his name certified again from such list for such employment.

M.G.L. c. 31, § 26 Order of persons on eligible lists; veteran's preference; veterans with disabilities; fire and police service

c. 31, § 26. Order of persons on eligible lists; veteran's preference; veterans with disabilities; fire and police service Section 26. The names of persons who pass examinations for original appointment to any position in the official service shall be placed on eligible lists in the following order: (1) disabled veterans, in the order of their respective standings; (2) veterans, in the order of their respective standings; (3) widows or widowed mothers of veterans who were killed in action or died from a service connected disability incurred in wartime service, in the order of their respective standings; (4) all others, in the order of their respective standings. Upon receipt of a requisition, names shall be certified from such lists according to the method of certification prescribed by the rules. The spouse or single parent of a veteran who was killed in action or died from a service connected disability incurred in wartime service, upon presenting proof from official sources of such facts, satisfactory to the administrator, and proof that such spouse or parent has not remarried, shall be entitled to the preference provided for in this section. The administrator may require any disabled veteran to present a certificate of a physician, approved by the administrator, that his disability is not such as to incapacitate him from the performance of the duties of the position for which he is eligible. The cost of a physical examination of such veteran for the purpose of obtaining such certificate shall be borne by the commonwealth. Notwithstanding the administrator's right to require a physician's certificate in the case of a disabled veteran, an appointing authority shall not require, request or accept an individual's military medical record or military personnel service record for the purpose of employment; provided, however, that an appointing authority may require, request or accept the individual's DD–214 form. An appointing authority shall not impose a term or condition on an individual as a condition of obtaining or retaining employment if compliance with the term or condition would require the individual to present the individual's military medical record or military personnel service record as set forth in this paragraph; provided, however, that an appointing authority may impose a term or condition requiring the individual to present the individual's DD–214 form. Nothing in this section shall prohibit an appointing authority to require military service records if the condition stated on the individual's DD–214 form is other than honorable. A person who has received a congressional medal of honor, distinguished service medal or silver star medal may apply to the administrator for appointment to or employment in a civil service position without examination. In such application he shall state under penalties of perjury the facts required by the rules. Age, loss of limb or other disability which does not, in fact, incapacitate shall not disqualify him for appointment or employment under this section. Appointing officers may make requisition for the names of any or all such persons and appoint or employ any of them. A person who has received a distinguished service cross or navy cross may, upon the recommendation of the administrator and with the approval of the commission, be appointed under the same conditions provided in this paragraph for a person who has received a medal of honor. An appointing authority shall appoint a veteran in making a provisional appointment under section twelve, unless such appointing authority shall have obtained from the administrator a list of all veterans who, within the twelve months next preceding, have filed applications for the kind of work called for by such provisional appointment, shall have mailed a notice of the position vacancy to each of such veterans and shall have determined that none of such veterans is qualified for or is willing to accept the appointment. A disabled veteran shall be retained in employment in preference to all other persons, including veterans. Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed in the first position on the eligible list or, where applicable, in the first position on the reserve roster for appointment to such fire, police or correction service or fire alarm service if: (i) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire was killed or sustained injuries which resulted in the firefighter's death; or (ii) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person was killed or sustained injuries which resulted in the police officer's death; or (iii) in the case of a correction officer, such correction officer, while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person was killed or sustained injuries resulted in the correction officer's death. Notwithstanding this chapter or any other general or special law to the contrary, a son or daughter of a firefighter, police officer or correction officer who passes the required written and physical examination for entrance to the fire, police or correction service or a son or daughter of a firefighter who passes the required written and physical examination for appointment as a fire alarm operator shall have the son's or daughter's name placed on the eligible list or, where applicable, on the reserve roster for appointment to such fire, police or correction service or fire alarm service immediately below the names of disabled veterans as provided in the first paragraph; provided, however, that said firefighter, police officer or correction officer has been retired at a yearly amount of pension equal to the regular rate of compensation which the firefighter, police officer or correction officer should have been paid had the firefighter, police officer or correction officer continued in said service at the grade held at the time of retirement, pursuant to a special act of the legislature in which said firefighter, police officer or correction officer is determined to be permanently or totally disabled; and provided further that: (A) in the case of a firefighter, such firefighter while in the performance of the firefighter's duties and as the result of an accident while responding to an alarm of fire or while at the scene of a fire sustained injuries which resulted in the firefighter being permanently and totally disabled or sustained injuries which resulted in the firefighter being permanently disabled; (B) in the case of a police officer, such police officer while in the performance of the police officer's duties and as a result of an assault on the police officer's person sustained injuries which resulted in the police officer being permanently and totally disabled; or (C) in the case of a correction officer, such correction officer while in the performance of the correction officer's duties and as a result of an assault on the correction officer's person sustained injuries which resulted in the correction officer being permanently and totally disabled. Should more than 1 applicant be eligible for appointment pursuant to this paragraph, said applicants shall be ordered according to their respective standings. For the purposes of determining the order of persons on eligible lists pursuant to this section, the presumptions created by sections ninety-four, ninety-four A and ninety-four B of chapter thirty-two, shall not be applicable to the death or disablement of any firefighter or police officer whose son or daughter is eligible for appointment.

M.G.L. c. 31, § 27 Appointment or promotion; manner of selection

c. 31, § 27. Appointment or promotion; manner of selection Section 27. Except as provided otherwise by section fifteen, if the administrator certifies from an eligible list the names of three persons who are qualified for and willing to accept a promotional appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons. In the case of either an original or promotional vacancy, if such eligible list contains the names of fewer than three such persons, the appointing authority may appoint from among those persons or may request authorization to make a provisional appointment pursuant to sections twelve, thirteen and fourteen. If the administrator or an appointing authority delegated by the administrator, applying the formula for original appointments set out in the rules of the administrator, certifies from an eligible list the names of persons who are qualified and willing to accept an original appointment, the appointing authority, pursuant to the civil service law and rules, may appoint only from among such persons; provided, however, that for each such person, if any, who is bypassed or rejected as not being in compliance with applicable entrance requirements or who withdraws from the application process, the appointing authority may appoint from among a group that includes the next highest-ranked person on the certification; and provided further, that the administrator or an appointing authority delegated by the administrator shall not include the name of any person who has been so bypassed or rejected on any future certification from the same original appointment eligible list unless directed to do so by the commission. If an appointing authority makes an original or promotional appointment from a certification of any qualified person other than the qualified person whose name appears highest, and the person whose name ranks highest on the certification is willing to accept such appointment, the appointing authority shall immediately provide to the person who ranked highest a written statement of the reasons for appointing the person whose name was not highest and such appointment shall be effective only when such statement of reasons has been provided. This written statement shall notify the bypassed individual of their right to appeal to the commission, should the reasons proffered not be deemed by the individual sound and sufficient, within 60 days of issuance of the statement of reasons. In response to a public records request, the appointing authority shall make a copy of such statement available for inspection.

M.G.L. c. 31, § 28 Labor service applicants; eligibility; age limit; veteran's preference

c. 31, § 28. Labor service applicants; eligibility; age limit; veteran's preference Section 28. Except as provided in the last paragraph of this section, the names of persons who apply for employment in the labor service of the commonwealth and of the cities and towns shall be registered and placed, in the order of the dates on which they file their applications, on the registers for the titles for which they apply and qualify. The name of any such person shall remain on such register for not more than five years, subject to a renewal of application pursuant to this section. Such person shall continue to be eligible for appointment from any such register and shall maintain his place on such register if he renews his application during the six months immediately prior to or during the six months immediately following the expiration of his five year period of eligibility. Such continuing eligibility shall have a duration of not more than five years after the date of expiration of the original five year period. A renewal filed later than six months after such expiration date will not be accepted, and the applicant who filed such late renewal will be required to file a new application and will be placed on the register as of the new date of registration. During his period of eligibility, any such person may add titles for which he qualifies, in addition to those for which he originally applied, to his application for employment in the labor service. Eligibility for appointment to such additional titles shall continue for the remainder of the period of eligibility for the titles for which application was originally made. An appointing authority may include in a requisition for laborers a statement that the work to be performed requires young and vigorous persons. The administrator, after investigating such statement and being satisfied that it is true, may establish an age limit and certify only those persons whose age is within such limit. The names of veterans who apply for employment in the labor service shall be placed on the registers for the titles for which they qualify ahead of the names of all other persons. The names of spouse or surviving parent of veterans who were killed in action or died from service connected disability, incurred in wartime service, who present proof from official sources of such facts, satisfactory to the administrator, and who have not remarried, shall be placed on the registers for the titles in the labor service for which they apply and qualify above the names of all other applicants but below the names of veterans.

M.G.L. c. 31, § 28A Appointment of apprentice lineman; age restrictions

c. 31, § 28A. Appointment of apprentice lineman; age restrictions Section 28A. Notwithstanding any general or special law to the contrary, in any city or town which accepts this section, no person shall be eligible to have his name certified for original appointment to the position of apprentice lineman in a municipal light department if that person has reached his thirty-second birthday on the date of appointment. A veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty, but in no case shall a candidate for appointment be credited with more than 4 years of active military duty.

M.G.L. c. 31, § 29 Labor service appointments; promotional bulletins

c. 31, § 29. Labor service appointments; promotional bulletins Section 29. An appointing authority shall, prior to any request to the administrator for approval of a promotional appointment of a permanent employee in the labor service to a higher title in such service; or for approval of a change in employment of a permanent employee within such service from one position to a temporary or permanent position which is not higher but which has requirements for appointment which are substantially dissimilar to those of the position from which the change is being made, post a promotional bulletin. Such bulletin shall be posted for a period of at least five working days where it can be seen by all employees eligible for such promotional appointment or change in employment. Any such request shall contain a statement that the posting requirements have been satisfied, indicating the date and location of the posting. The promotional bulletin shall contain the following information about the position which is to be filled: the salary and location, any special qualifications or licenses which are required for performing the duties of the position, whether the position is permanent or temporary, if the position is temporary, the probable duration of the employment therein, and the last date to apply for the position. Such promotional bulletin shall be mailed to any employee who, during the entire period of posting, is on sick or military leave, on vacation or off the payroll. Within fourteen days after approval by the administrator of a promotional appointment in the labor service, the appointing authority shall post in all areas under its control where five or more civil service employees start their tour of duty, the following information about the person who has been promoted: name, permanent title, position to which the promotional appointment has been made and the date from which length of service was measured for purposes of determining seniority.

M.G.L. c. 31, § 30 Promotional appointments from labor service to official service

c. 31, § 30. Promotional appointments from labor service to official service Section 30. Pursuant to the provisions of this section, an appointing authority, upon submission of a requisition, may make a promotional appointment within a departmental unit of a permanent employee in the labor service to a position in the lowest title, as determined by the administrator, in the official service in such departmental unit upon certification from an eligible list established as the result of a competitive examination. Except as otherwise provided in this section, eligibility to take such examination shall extend only to civil service employees in such departmental unit who have been employed in such unit after certification and in a permanent status for at least one year next preceding the date of the examination. The administrator may restrict such eligibility to any title or titles in the labor service of such departmental unit if he determines that the number of employees in such title or titles is sufficient for the holding of a competitive examination, and he may, in his discretion, extend such eligibility to any title or titles in the official service in such departmental unit. A permanent civil service employee in the labor service may be promotionally appointed within a departmental unit, with the approval of the administrator, to a position in the lowest title, as determined by the administrator, in the official service of such unit provided that such employee has been employed in such unit after certification and in a permanent status for at least one year, is the first, second, or third ranking employee in length of service in the unit who is willing to accept the promotional appointment, and shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of the position. The determination as to which employees are willing to accept such appointment or promotion shall be made after the posting of a promotional bulletin in accordance with the provisions of section twenty-nine; provided, that for the purposes of making said determination eligible employees in the official service in said departmental unit shall be entitled to respond to the bulletin, and those who do respond shall be considered in making the determination. The provisions of this section may, upon the request of the appointing authority and at the discretion of the administrator, be applied to a departmental unit in which only titles in the official service are subject to the provisions of the civil service law and rules. In such case, eligibility to take a competitive examination pursuant to this section shall extend to employees in the departmental unit in titles approved by the administrator who have been employed therein on a full-time basis for at least one year next preceding the date of examination, notwithstanding the fact that they have been employed in positions which are not subject to the provisions of this chapter, and such employees may be appointed upon certification from the list established as the result of such examination. The length of service of any employee who is initially appointed to a civil service position pursuant to the provisions of this paragraph shall, for purposes of computing seniority under section thirty-three, be deemed to begin on the date of his first employment as a permanent employee in such position.

M.G.L. c. 31, § 31 Emergency appointments; renewal

c. 31, § 31. Emergency appointments; renewal Section 31. An appointing authority may, without submitting a requisition to the administrator and without complying with other provisions of the civil service law and rules incident to the normal appointment process, make an emergency appointment to any civil service position other than laborer for a total of not more than thirty working days during a sixty day period. Such appointment shall be made only when the circumstances requiring it could not have been foreseen and when the public business would be seriously impeded by the time lapse incident to the normal appointment process. Upon making such an appointment, the appointing authority shall immediately notify the administrator in writing, in such form and detail as the administrator may require, of the reason for the appointment and the expected duration of the employment thereunder. No renewal of such emergency appointment shall be made without the consent of the administrator. An emergency appointment may, upon written request of the appointing authority and with the consent of the administrator, be renewed for an additional thirty working days. The administrator shall not consent to more than one such renewal of the appointment unless the position is in a department, institution or hospital carrying out functions connected with the public safety or public health and the public service would suffer if a second renewal were not granted, in which case the administrator may consent to a second renewal. No person shall receive more than one such appointment or one such appointment and renewal, as the case may be, in any twelve month period, except as otherwise provided in this section.

M.G.L. c. 31, § 32 Emergency appointments to laborer positions; renewal

c. 31, § 32. Emergency appointments to laborer positions; renewal Section 32. An appointing authority may make an emergency appointment to the position of laborer without submitting a requisition to the administrator and without complying with the other provisions of the civil service law and rules; provided, however, that the circumstances requiring such appointment could not have been foreseen and the public business would be seriously impeded by the time lapse incident to the normal appointment process. Employment pursuant to such an appointment shall not continue for more than a total of thirty working days during the sixty calendar days following such appointment, provided that the appointing authority, with the consent of the administrator, may renew such appointment for an additional thirty working days or, at its discretion and without such consent, for not more than an additional fifteen working days. In the event of such renewal for not more than fifteen working days, no further emergency appointment shall be given such laborer within twelve months from the date that he began employment under such thirty-day appointment. In no event shall a person who is given such an emergency appointment as a laborer be permitted more than a total of sixty working days of emergency employment within any twelve month period, in any civil service position, including that of a laborer. Upon making such an appointment or any extension thereof, the appointing authority shall notify the administrator in writing of the reason for the appointment or extension and the anticipated duration of such emergency.

M.G.L. c. 31, § 33 Seniority; computing length of service

c. 31, § 33. Seniority; computing length of service Section 33. For the purposes of this chapter, seniority of a civil service employee shall mean his ranking based on length of service, computed as provided in this section. Length of service shall be computed from the first date of full-time employment as a permanent employee, including the required probationary period, in the departmental unit, regardless of title, unless such service has been interrupted by an absence from the payroll of more than six months, in which case length of service shall be computed from the date of restoration to the payroll; but upon continuous service following such an absence for a period of twice the length of the absence, length of service shall be computed from the date obtained by adding the period of such absence from the payroll to the date of original employment; provided, however, that the continuity of service of such employee shall be deemed not to have been interrupted if such absence was the result of (1) military service, illness, educational leave, abolition of position or lay-off because of lack of work or money, or (2) injuries received in the performance of duty for which compensation was paid pursuant to chapter one hundred and fifty-two, provided that the employee notifies the appointing authority, in writing, not later than six months after the final payment of compensation aforesaid that he is ready, willing, and able to do his former work and files with said appointing authority a certificate of a registered physician that he is able to perform the duties of his position in an efficient manner, and is restored to the payroll. If, as a result of a reinstatement made pursuant to section forty-six, a person is restored to employment in a departmental unit other than that in which he formerly held full-time employment as a permanent employee, his length of service shall be computed from the date of his first employment under such reinstatement, but upon continuous service in such unit for three years or twice the length of his absence from the payroll, whichever is greater, his length of service shall be computed as though such earlier employment had been in the departmental unit to which he has been reinstated. [ Third paragraph effective until August 5, 2025. For text effective August 5, 2025, see below.] If the employment of such full-time employee is changed through an original or promotional appointment or transfer from one departmental unit of the commonwealth to another under the same appointing authority, or from one departmental unit to another within the same department in a city or town, the length of service of such employee in the unit to which the appointment or transfer is made shall be computed from the date which was used to compute his length of service immediately prior to such appointment or transfer. If the employment of such full-time employee is changed through an original or promotional appointment from one departmental unit of the commonwealth to another not under the same appointing authority, from one departmental unit to another not within the same department in a city or town, from one city or town to another, from a city or town to the commonwealth, or from the commonwealth to a city or town, the length of service of such employee shall be computed from the date of such change of employment, but if the employee completes one year of service in the new employment, from the date which was used to compute the employee's length of service immediately prior to the change of employment. [ Third paragraph as amended by 2025, 14, Sec. 19 effective August 5, 2025. For text effective until August 5, 2025, see above.] If the employment of such full-time employee is changed through an original or promotional appointment or transfer from one departmental unit of the commonwealth to another under the same appointing authority, or from one departmental unit to another within the same department in a city or town, the length of service of such employee in the unit to which the appointment or transfer is made shall be computed from the date which was used to compute his length of service immediately prior to such appointment or transfer. If the employment of such full-time employee is changed through an original or promotional appointment from one departmental unit of the commonwealth to another not under the same appointing authority, from one departmental unit to another not within the same department in a city or town, from one city or town to another, from a city or town to the commonwealth, or from the commonwealth to a city or town, the length of service of such employee shall be computed from the date of such change of employment, but if the employee completes one year of service in the new employment, from the date which was used to compute the employee's length of service immediately prior to the change of employment; provided, however, that the length of service of a person appointed through an original appointment to a civil service position of municipal police officer or fire officer from a local public safety register pursuant to section 59A shall be calculated from and, in all instances shall remain, the date of such original appointment from the register and shall not be subject to adjustment at any time for prior employment by the commonwealth or another city or town. If the employment of such full-time employee is changed by transfer from one departmental unit of the commonwealth to another not under the same appointing authority, from one departmental unit to another not within the same department in a city or town, from one city or town to another, from a city or town to the commonwealth, or from the commonwealth to a city or town, the length of service of such employee shall be computed in the following manner: (1) if the transfer was made upon the request of the employee, the length of service shall be computed from the date of such transfer, but if the employee completes three years of service in the new employment, from the date which was used to compute the employee's length of service immediately prior to the transfer; (2) if the transfer was not upon the request of the employee, the length of service shall be computed from the date which was used to compute the employee's length of service immediately prior to the transfer. In determining the seniority of a firefighter for the purpose of reduction in rank or reduction in force, his ranking shall be based on his length of service in the fire department in which such reduction is to take place. The length of service of a permanent employee appointed on less than a full-time basis shall be computed from the date of such appointment, without regard to absences from the payroll which were not voluntary on the part of such employee. Regardless of actual length of service, permanent municipal employees appointed on less than a full-time basis shall, for the purposes of determining seniority, rank below all full-time permanent municipal employees. Permanent state employees appointed on less than a full-time basis shall accrue that portion of the seniority of full-time permanent state employees that their service bears to full-time service. Any person in such service who has received an appointment from a reemployment list, as set forth in section forty, shall carry forward their seniority as prescribed herein; provided, however, that any lay-offs occurring after a reemployment date shall have such reemployment date as the determining factor in lay-offs by seniority.

M.G.L. c. 31, § 34 Probationary periods

c. 31, § 34. Probationary periods Section 34. Following his original appointment to a civil service position as a permanent full-time employee, a person shall actually perform the duties of such position on a full-time basis for a probationary period of six months before he shall be considered a full-time tenured employee, except as otherwise provided by sections sixty-one and sixty-five, by other law, or by civil service rule. During the probationary period, he may be subject to a performance evaluation during his first two months of service and a second evaluation may be conducted at least one month prior to his sixth month anniversary date of service. The appointing authority may extend the probationary period for a period of two months if the second evaluation of the probationary employee is unsatisfactory. Such evaluation may be utilized by the appointing authority, but in no instance shall the appointing authority be required to consider the results of such evaluation in a determination of granting such employee permanent or tenured status. Nothing contained herein shall require an appointing authority to evaluate a probationary employee and in no such instance shall such evaluation grant such probationary employee any greater rights than those contained in this section. Following his original appointment as a permanent employee to a less than full-time civil service position, including a reserve, intermittent, call, recurrent, or part-time position, a person shall serve a probationary period of six months immediately following such appointment, which shall include the actual performance of the duties of such position for not less than thirty working days or the equivalent thereof during such period, before he shall be considered a less than full-time tenured employee, provided that if such person has not performed such duties for such thirty working days or the equivalent thereof, his probationary period shall be extended for an additional twelve months, at the end of which time such person, if his employment has not been terminated in accordance with the provisions of this section, shall be deemed to be a tenured employee. Each appointing authority employing persons as permanent employees in less than full-time civil service positions shall, insofar as possible, provide such persons equal opportunity for work. If the conduct or capacity of a person serving a probationary period or the character or quality of the work performed by him is not satisfactory to the appointing authority, he may, at any time after such person has served thirty days and prior to the end of such probationary period, give such person a written notice to that effect, stating in detail the particulars wherein his conduct or capacity or the character or quality of his work is not satisfactory, whereupon his service shall terminate. The appointing authority shall at the same time send a copy of such notice to the administrator. In default of such notice, such person shall be deemed to be a tenured employee upon the termination of such period. If a full-time civil service employee is unable to work because of illness during the serving of his probationary period, the appointing authority may postpone the serving of such period, provided that such employee has served an amount of time adequate to satisfy the appointing authority that his services should be retained and provided, further, that such employee shall, upon resuming employment, be required to perform service equal to a full probationary period. If a person at the time of his appointment or during the serving of his probationary period is not actually employed because of educational leave, he shall not be regarded as a tenured employee until he has served a full probationary period or the remainder thereof, as the case may be, following the termination of said educational leave and his commencing of or return to employment. The probationary period of an employee shall not be deemed to be interrupted by his temporary appointment pursuant to section six to a position in a higher title in the same departmental unit, by his temporary promotional appointment pursuant to section seven, or by his provisional promotion pursuant to section fifteen.

M.G.L. c. 31, § 35 Transfers

c. 31, § 35. Transfers Section 35. Subject to the provisions of section forty-one governing the transfer of persons who have served as tenured employees since prior to October fourteen, nineteen hundred and sixty-eight, a tenured employee may be transferred to a similar position in the same or in another departmental unit after request in writing for approval of such transfer made to the administrator by the appointing authority or authorities for such unit or units and with the approval of the administrator, provided such request includes reasons which, in the opinion of the administrator, are sound and sufficient to show that the transfer will be for the public good and will not impose unreasonable hardship on such employee. A position shall not be considered similar if it has a title higher than that of the position from which the transfer is to be made or if the requirements for appointment to such positions are substantially different. Such transfer may be permanent or temporary, as the appointing authority or authorities shall determine, with the consent of the administrator, and, if temporary, shall be for such period of time as the appointing authority or authorities shall determine, with the consent of the administrator. A temporary transfer shall not affect the date from which length of service is computed for purposes of determining the seniority of the person transferred; nor shall such transfer be deemed to interrupt the period of service in the position from which such person is transferred where such period of service is required for eligibility for any promotion under the civil service law and rules. Without the consent of the administrator but otherwise subject to the requirements of the two preceding paragraphs, a transfer from a civil service position within a department, as defined by section one of chapter twenty-nine, within any of the executive offices established by chapters six A and seven, to another similar position within the same department may be made with the written consent of the secretary having charge of such executive office upon submission of notice of such transfer to the administrator in such form as he shall prescribe, and subject to the provisions of the civil service law and rules; provided, however, that the duration of any temporary transfer, whether to a temporary position or to a permanent position, shall be subject to the approval of the administrator. If at any time the administrator shall determine that any transfer so consented to by such secretary has been made in violation of any such provision, the administrator shall terminate such transfer. A person who is aggrieved by a transfer, other than an emergency transfer or assignment, made pursuant to this section but who is not subject to the provisions of section forty-one with respect to such transfer, may appeal to the commission pursuant to the provisions of section forty-three and shall be entitled to a hearing and a decision by the commission in the same manner as if such appeal were taken from a decision of the appointing authority made, after hearing, under the provisions of section forty-one. An appointing authority for a departmental unit may make an emergency transfer or emergency assignment of any employee where the public safety or health would be seriously impaired by delay in the performance of essential duties. Any permanent employee in a departmental unit may apply in writing to his appointing authority for transfer to a similar position within such unit, or may apply in writing to the appointing authorities for such unit and for any other departmental unit for transfer to a similar position in such other departmental unit. With the written consent of such appointing authority or authorities, as the case may be, and with the written consent of the administrator, such person may be so transferred.

M.G.L. c. 31, § 36 Transfers from official service to labor service positions

c. 31, § 36. Transfers from official service to labor service positions Section 36. A person who has been employed in the official service as a permanent employee for at least one year may be transferred to a position in the labor service under the direction of the same appointing authority upon approval of the administrator. Such approval shall be granted only upon written request of the appointing authority. Such request shall be accompanied by statements from the appointing authority substantiating that such person is qualified to perform the duties of the position in the labor service and that the appointing authority has posted, in the departmental unit in which such position exists, the promotional bulletin provided for in section twenty-nine and has determined that such person is the most qualified of those employees who are willing to accept such position. The provisions of this section may apply to a transfer to a position the duties of which are partially those of a position in the labor service and partially those of a position in the official service, and may apply notwithstanding that the person for whose transfer the request for approval is made is not eligible for certification from any register for appointment to such position in such departmental unit. A secretary having charge of an executive office established by chapters six A or seven may, without such request for approval, authorize the transfer of such an employee from the official service within a department, as defined by section one of chapter twenty-nine, within such executive office, to a position in the labor service in such department; provided that notice of such transfer, together with the statements of the appointing authority described in the first paragraph of this section, shall be filed with the administrator prior to the effective date of such transfer; and provided, further, that such transfer shall be subject to the provisions of the civil service law and rules. If at any time the administrator shall determine that any such transfer so authorized by any such secretary shall have been made in violation of any such provisions, the administrator shall terminate such transfer.

M.G.L. c. 31, § 37 Leaves of absence

c. 31, § 37. Leaves of absence Section 37. An appointing authority may grant a permanent employee a leave of absence or an extension of a leave of absence; provided that any grant for a period longer than fourteen days shall be given only upon written request filed with the appointing authority by such person, or by another authorized to request such leave on his behalf, and shall be in writing. The written request shall include a detailed statement of the reason for the requested leave and, if the absence is caused by illness, shall be accompanied by substantiating proof of such illness. A copy of the written grant shall be kept on file by the appointing authority, who shall, upon request, forward a copy thereof to the commission or administrator. No leave of absence for a period longer than three months, except one granted because of illness as evidenced by the certificate of a physician approved by the administrator, shall be granted pursuant to this paragraph without the prior approval of the administrator. Any person elected to a state office or elected by the people to the office of mayor who is a permanent employee in a civil service position or is employed in a position in any public authority which is supported in whole or in part by public money shall, upon his written request made to the appointing authority, be granted a leave of absence without pay from his civil service position or from his position in such public authority for all or such portion of the term for which he was elected as he may at any time, or from time to time, designate, and shall not, as a result of such election, be suspended or discharged or suffer any loss of rights under the civil service law and rules. Any person elected to a state office following appointment to a civil service position as a permanent employee who has not completed the statutory probationary period in such position shall, during such probationary period, upon his written request made to the appointing authority, be granted a leave of absence without pay from such position for all or for such portion of the term for which he was elected as he may designate within one month of his election to said office, and shall not, as a result of such election, be suspended or discharged or suffer any loss of rights under the civil service law and rules; provided that such person shall return to such position within one month of completion of the term or terms for which he was elected and that upon such return he shall complete the remaining portion of such probationary period. During such period such person shall be ineligible to take any promotional examination. Any person who has been granted a leave of absence or an extension thereof pursuant to this section shall be reinstated at the end of the period for which the leave was granted and may be reinstated earlier. If the appointing authority, upon demand of such person, shall fail to reinstate him to his civil service position, such person may request a hearing before the administrator. The administrator shall proceed forthwith to hold such a hearing and to render his decision. If a person shall fail to return to his civil service position at or before completion of the period for which a leave of absence has been granted under any provision of this section, the appointing authority shall, within fourteen days after the completion of such period, give such person a written notice setting forth the pertinent facts of the case and informing him that his employment in such position is considered to be terminated, whereupon the employment of such person in such position shall terminate. The appointing authority shall file with the administrator a copy of such notice which shall state the date on which the employment of such person should be recorded as having terminated. The provisions of sections forty-one through forty-five shall not apply to a termination made under this paragraph. Nothing in this section shall be deemed to prevent the subsequent reinstatement of such person pursuant to section forty-six.

M.G.L. c. 31, § 38 Unauthorized leaves of absence; reports; separation from employment; review

c. 31, § 38. Unauthorized leaves of absence; reports; separation from employment; review Section 38. Upon reporting an unauthorized absence to the administrator pursuant to section sixty-eight, an appointing authority shall send by registered mail a statement to the person named in the report, informing him that (1) he is considered to have permanently and voluntarily separated himself from the employ of such appointing authority and (2) he may within ten days after the mailing of such statement request a hearing before the appointing authority. A copy of such statement shall be attached to such report to the administrator. The appointing authority may restore such person to the position formerly occupied by him or may grant a leave of absence pursuant to section thirty-seven if such person, within fourteen days after the mailing of such statement, files with the appointing authority a written request for such leave, including in such request an explanation of the absence which is satisfactory to the appointing authority. The appointing authority shall immediately notify the administrator in writing of any such restoration or the granting of any such leave. If an appointing authority fails to grant such person a leave of absence pursuant to the provisions of the preceding paragraph or, after a request for a hearing pursuant to the provisions of this section, fails to restore such person to the position formerly occupied by him, such person may request a review by the administrator. The administrator shall conduct such review, provided that it shall be limited to a determination of whether such person failed to give proper notice of the absence to the appointing authority and whether the failure to give such notice was reasonable under the circumstances. No person who has been reported as being on unauthorized absence under this section shall have recourse under sections forty-one through forty-five with respect to his separation from employment on account of such absence. For the purposes of this section, unauthorized absence shall mean an absence from work for a period of more than fourteen days for which no notice has been given to the appointing authority by the employee or by a person authorized to do so, and which may not be charged to vacation or sick leave, or for which no leave was granted pursuant to the provisions of section thirty-seven.

M.G.L. c. 31, § 39 Separation from employment; lack of work or money; abolition of position; disability

c. 31, § 39. Separation from employment; lack of work or money; abolition of position; disability Section 39. If permanent employees in positions having the same title in a departmental unit are to be separated from such positions because of lack of work or lack of money or abolition of positions, they shall, except as hereinafter provided, be separated from employment according to their seniority in such unit and shall be reinstated in the same unit and in the same positions or positions similar to those formerly held by them according to such seniority, so that employees senior in length of service, computed in accordance with section thirty-three, shall be retained the longest and reinstated first. Employees separated from positions under this section shall be reinstated prior to the appointment of any other applicants to fill such positions or similar positions, provided that the right to such reinstatement shall lapse at the end of the ten-year period following the date of such separation. Any action by an appointing authority to separate a tenured employee from employment for the reasons of lack of work or lack of money or abolition of positions shall be taken in accordance with the provisions of section forty-one. Any such employee who has received written notice of an intent to separate him from employment for such reasons may, as an alternative to such separation, file with his appointing authority, within seven days of receipt of such notice, a written consent to his being demoted to a position in the next lower title or titles in succession in the official service or to the next lower title or titles in the labor service, as the case may be, if in such next lower title or titles there is an employee junior to him in length of service. As soon as sufficient work or funds are available, any employee so demoted shall be restored, according to seniority in the unit, to the title in which he was formerly employed. If a permanent employee who has become separated from his position because of disability shall be subsequently capable of employment as determined pursuant to section eight of chapter thirty-two by the retirement board, as defined in section one of chapter thirty-two, such employee shall be placed in a position in the same or similar title in the department from which he was separated or any other department prior to the appointment from any civil service list; provided, however, that in the event that such placement of such employee occurs after a period of time greater than five years from the date of such separation or results in such employee occupying a position in a different title from the title of the position from which he was separated, such placement right shall be subject to the completion by such employee of a retraining program established by the appointing authority, and approved by the personnel administrator. Nothing in this section shall impair the preference provided for disabled veterans by section twenty-six.

M.G.L. c. 31, § 39A Conditional employees

c. 31, § 39A. Conditional employees Section 39A. Any fire service personnel subject to the retraining requirements of section 39 shall be classified as a conditional employee during the retraining period as a precondition of reinstatement to his position. For purposes of this section, ''conditional employee'' shall mean a permanent employee of a fire department separated from his position because of disability for a period of time of more than 5 years. Such employee shall be entitled to the continuation of his disability status with no other compensation of rights due him until such time as he has successfully completed any approved retraining program required pursuant to said section 39 and has been subsequently reinstated to his position. No such employee shall increase his average rate of pay for pension purposes prior to the successful completion of the retraining program and reinstatement to his position. Such an employee shall be regarded as a member of the department from which he was separated to accommodate any retraining program approved by the personnel administrator.

M.G.L. c. 31, § 40 Reemployment list

c. 31, § 40. Reemployment list Section 40. If a permanent employee shall become separated from his position because of lack of work or lack of money or abolition of his position, his name shall be placed by the administrator on a reemployment list, or if a permanent employee resigns for reasons of illness his name shall be placed on such list upon his request made in writing to the administrator within two years from the date of such resignation. The names of persons shall be set forth on the reemployment list in the order of their seniority, so that the names of persons senior in length of service at the time of their separation from employment, computed in accordance with section thirty-three, shall be highest. The name of a person placed on such reemployment list shall remain thereon until such person is appointed as a permanent employee after certification from such list or is reinstated, but in no event for more than two years. The administrator, upon receipt of a requisition, shall certify names from such reemployment list prior to certifying names from any other list or register if, in his judgment, he determines that the position which is the subject of the requisition may be filled from such reemployment list. If the position of a permanent employee is abolished as the result of the transfer of the functions of such position to another department, division, board or commission, such employee may elect to have his name placed on the reemployment list or to be transferred, subject to the approval of the administrator, to a similar position in such department, division, board or commission without loss of seniority, retirement or other rights, notwithstanding the provisions of section thirty-three.

M.G.L. c. 31, § 41 Discharge; removal; suspension; transfer; abolition of office; reduction of rank or pay; hearings; review

c. 31, § 41. Discharge; removal; suspension; transfer; abolition of office; reduction of rank or pay; hearings; review Section 41. Except for just cause and except in accordance with the provisions of this paragraph, a tenured employee shall not be discharged, removed, suspended for a period of more than five days, laid off, transferred from his position without his written consent if he has served as a tenured employee since prior to October fourteen, nineteen hundred and sixty-eight, lowered in rank or compensation without his written consent, nor his position be abolished. Before such action is taken, such employee shall be given a written notice by the appointing authority, which shall include the action contemplated, the specific reason or reasons for such action and a copy of sections forty-one through forty-five, and shall be given a full hearing concerning such reason or reasons before the appointing authority or a hearing officer designated by the appointing authority. The appointing authority shall provide such employee a written notice of the time and place of such hearing at least three days prior to the holding thereof, except that if the action contemplated is the separation of such employee from employment because of lack of work, lack of money, or abolition of position the appointing authority shall provide such employee with such notice at least seven days prior to the holding of the hearing and shall also include with such notice a copy of sections thirty-nine and forty. If such hearing is conducted by a hearing officer, his findings shall be reported forthwith to the appointing authority for action. Within seven days after the filing of the report of the hearing officer, or within two days after the completion of the hearing if the appointing authority presided, the appointing authority shall give to such employee a written notice of his decision, which shall state fully and specifically the reasons therefor. Any employee suspended pursuant to this paragraph shall automatically be reinstated at the end of the first period for which he was suspended. In the case of a second or subsequent suspension of such employee for a period of more than five days, reinstatement shall be subject to the approval of the administrator, and the notice of contemplated action given to such employee shall so state. If such approval is withheld or denied, such employee may appeal to the commission as provided in paragraph (b) of section two. A civil service employee may be suspended for just cause for a period of five days or less without a hearing prior to such suspension. Such suspension may be imposed only by the appointing authority or by a subordinate to whom the appointing authority has delegated authority to impose such suspensions, or by a chief of police or officer performing similar duties regardless of title, or by a subordinate to whom such chief or officer has delegated such authority. Within twenty-four hours after imposing a suspension under this paragraph, the person authorized to impose the suspension shall provide the person suspended with a copy of sections forty-one through forty-five and with a written notice stating the specific reason or reasons for the suspension and informing him that he may, within forty-eight hours after the receipt of such notice, file a written request for a hearing before the appointing authority on the question of whether there was just cause for the suspension. If such request is filed, he shall be given a hearing before the appointing authority or a hearing officer designated by the appointing authority within five days after receipt by the appointing authority of such request. Whenever such hearing is given, the appointing authority shall give the person suspended a written notice of his decision within seven days after the hearing. A person whose suspension under this paragraph is decided, after hearing, to have been without just cause shall be deemed not to have been suspended, and he shall be entitled to compensation for the period for which he was suspended. A person suspended under this paragraph shall automatically be reinstated at the end of such suspension. An appointing authority shall not be barred from taking action pursuant to the first paragraph of this section for the same specific reason or reasons for which a suspension was made under this paragraph. If a person employed under a provisional appointment for not less than nine months is discharged as a result of allegations relative to his personal character or work performance and if the reason for such discharge is to become part of his employment record, he shall be entitled, upon his request in writing, to an informal hearing before his appointing authority or a designee thereof within ten days of such request. If the appointing authority, after hearing, finds that the discharge was justified, the discharge shall be affirmed, and the appointing authority may direct that the reasons for such discharge become part of such person's employment record. Otherwise, the appointing authority shall reverse such discharge, and the allegations against such person shall be stricken from such record. The decision of the appointing authority shall be final, and notification thereof shall be made in writing to such person and other parties concerned within ten days following such hearing. Any hearing pursuant to this section shall be public if either party to the hearing files a written request that it be public. The person who requested the hearing shall be allowed to answer, personally or by counsel, any of the charges which have been made against him. If it is the decision of the appointing authority, after hearing, that there was just cause for an action taken against a person pursuant to the first or second paragraphs of this section, such person may appeal to the commission as provided in section forty-three. Saturdays, Sundays and legal holidays shall not be counted in the computation of any period of time specified in this section. Notice of any action taken under this section shall be forwarded forthwith by the appointing authority to the personnel administrator.

M.G.L. c. 31, § 41A Discharge, removal or suspension; hearing before disinterested hearing officer; review

c. 31, § 41A. Discharge, removal or suspension; hearing before disinterested hearing officer; review Section 41A. Upon the request of the appointing authority and a tenured employee, who is entitled to a hearing pursuant to the first paragraph of section forty-one, a hearing before a disinterested hearing officer, designated by the chair of the commission, may be held in lieu of a hearing before the appointing authority. Such hearing officer shall make findings of facts and may make recommendations for decision to the commission. Following the decision of the commission, there shall be no appeal pursuant to the provisions of section forty-three; provided, however, that a petition to review may be filed pursuant to the provisions of section forty-four. All requirements relative to written notice and the holding of hearings pursuant to this section shall be governed by those set forth in section forty-one.

M.G.L. c. 31, § 42 Complaints; hearings; jurisdiction; filing of civil action

c. 31, § 42. Complaints; hearings; jurisdiction; filing of civil action Section 42. Any person who alleges that an appointing authority has failed to follow the requirements of section forty-one in taking action which has affected his employment or compensation may file a complaint with the commission. Such complaint must be filed within ten days, exclusive of Saturdays, Sundays, and legal holidays, after said action has been taken, or after such person first knew or had reason to know of said action, and shall set forth specifically in what manner the appointing authority has failed to follow such requirements. If the commission finds that the appointing authority has failed to follow said requirements and that the rights of said person have been prejudiced thereby, the commission may order the appointing authority to restore said person to employment immediately with or without loss of compensation or other rights. This section shall not apply to a person who is the subject of disciplinary action or other employment-related consequences by an appointing agency, as defined in section 1 of chapter 6E, that results from decertification under section 10 of said chapter 6E. A person who files a complaint under this section may at the same time request a hearing as to whether there was just cause for the action of the appointing authority in the same manner as if he were a person aggrieved by a decision of an appointing authority made pursuant to all the requirements of section forty-one. In the event the commission determines that the subject matter of such complaint has been previously resolved or litigated with respect to such employee, in accordance with the provisions of section eight of chapter one hundred and fifty E, or is presently being resolved in accordance with said section eight, the commission shall forthwith dismiss such complaint. If said complaint is denied, such hearing shall be conducted and a decision rendered as provided by section forty-three. The supreme judicial court or the superior court shall have jurisdiction over any civil action for the reinstatement of any person alleged to have been illegally discharged, removed, suspended, laid off, transferred, lowered in rank or compensation, or whose civil service position is alleged to have been illegally abolished. Such civil action shall be filed within six months next following such alleged illegal act, unless the court upon a showing of cause extends such filing time.

M.G.L. c. 31, § 43 Hearings before commission

c. 31, § 43. Hearings before commission Section 43. If a person aggrieved by a decision of an appointing authority made pursuant to section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing to the commission, they shall be given a preliminary hearing before a member of the commission or some other disinterested person designated by the chair of the commission. The preliminary hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise agree or a member of the commission determines, as a matter of discretion, that a continuance is necessary. If the commission determines that such appeal has been previously resolved or litigated with respect to such person, in accordance with the provisions of section eight of chapter one hundred and fifty E, or is presently being resolved in accordance with such section, the commission shall forthwith dismiss such appeal. If the decision of the appointing authority is based on a performance evaluation conducted in accordance with the provisions of section six A and all rights to appeal such evaluation pursuant to section six C have been exhausted or have expired, the substantive matter involved in the evaluation shall not be open to redetermination by the commission. Upon completion of the hearing, the member or hearing officer shall file forthwith a report of his findings with the commission. Within thirty days after the filing of such report, the commission shall render a written decision and send notice thereof to all parties concerned. If the commission determines, by a preponderance of the evidence, that there was just cause for an action taken against such person, it shall affirm the action of the appointing authority and deny the appeal; provided, however, that if the commission does not so determine, it shall reverse the action and allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits and subject to such other orders as the commission may deem appropriate to restore and protect the rights provided to such person under this chapter; provided, further, that if the preponderance of the evidence establishes that the action was based upon harmful error in the application of the appointing authority's procedure, 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 the position, the commission shall allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits. The commission may also modify any penalty imposed by the appointing authority. Any hearing pursuant to this section shall be public if either party so requests in writing. The person who requested the hearing shall be allowed to answer, personally or by counsel, any of the charges which have been made against him. The decision of the commission made pursuant to this section shall be subject to judicial review as provided in section forty-four. Saturdays, Sundays and legal holidays shall not be counted in the computation of any period of time specified in this section. This section shall not apply to a person who is the subject of disciplinary action or employment-related consequences by an appointing agency, as defined in section 1 of chapter 6E, that results from decertification under section 10 of said chapter 6E.

M.G.L. c. 31, § 44 Judicial review

c. 31, § 44. Judicial review Section 44. The commission may institute appropriate proceedings in the superior court for enforcement of its final orders or decisions. Any party aggrieved by a final order or decision of the commission following a hearing pursuant to any section of this chapter or chapter thirty-one A may institute proceedings for judicial review in the superior court within thirty days after receipt of such order or decision. Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section fourteen of chapter thirty A, and may be instituted in the superior court for the county (a) where the parties or any of them reside or have their principal place of business within the commonwealth, or (b) where the commission has its principal place of business, or (c) of Suffolk. The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the commission's order or decision.

M.G.L. c. 31, § 45 Reimbursement for defense expenses

c. 31, § 45. Reimbursement for defense expenses Section 45. An aggrieved individual who has prevailed in any appeal brought under this chapter shall be reimbursed by the local appointing authority or, if aggrieved by action or inaction of a state official, by the comptroller of the commonwealth, the following expenditures: (i) the filing fee paid to the commission; (ii) an amount not to exceed $1,500 for attorneys' fees actually incurred in conjunction with each of the following: (A) an appointing authority hearing; (B) a hearing before the commission; and (C) an action for judicial review pursuant to section 44; and (iii) an amount not to exceed $500 for summons to witnesses and any other expenses actually incurred in such successful appeal. In addition to the amounts stated above, the commission may award such additional reasonable attorneys' fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such additional award unjust. Any person seeking such reimbursement shall file with his appointing authority a written application therefor within thirty days after final disposition of his case. The appointing authority shall, within thirty days after receipt of such application, pay such reimbursement from the same source as that from which the salary of the person seeking the reimbursement is paid, but only upon receipt of satisfactory proof that such expenses were actually incurred for the purposes set forth in this section. Saturdays, Sundays, and legal holidays shall not be counted in the computation of any time period specified in this section.

M.G.L. c. 31, § 46 Reinstatement; hearings

c. 31, § 46. Reinstatement; hearings Section 46. A permanent employee who becomes separated from his position may, with the approval of the administrator, be reinstated in the same or in another departmental unit in a position having the same title or a lower title in the same series, provided that the appointing authority submits to the administrator a written request for such approval which shall contain the reasons why such reinstatement would be in the public interest. No such request shall be approved if the person whose reinstatement is sought has been separated from such position for over five years and there is a suitable eligible list containing the names of two or more persons available for appointment or promotion to such position; provided, however, that no such limitation shall apply to the reinstatement of persons whose qualifications for reinstatement to a former position have been determined pursuant to section eight of chapter thirty-two. If the administrator fails to approve the reinstatement of such person within thirty days after such request, the appointing authority or such person may make a written request for a hearing before the administrator, who shall hold such hearing forthwith and render his decision. Nothing herein shall affect the rights of persons to reinstatement under section thirty-nine. The administrator shall reinstate any employee of a city or town who has been separated from a civil service position through retirement pursuant to the provisions of any law if such retirement is invalidated and the retirement allowance discontinued because the proceedings relative to such retirement were illegal or defective; and such employee applies to the administrator for reinstatement within one year after the last payment of such retirement allowance. The administrator shall reinstate such person, without loss of compensation, in the same position or in a position with the same title as that formerly held by him.

M.G.L. c. 31, § 47 Blind persons; examinations; temporary appointment of persons with an intellectual disability

c. 31, § 47. Blind persons; examinations; temporary appointment of persons with an intellectual disability Section 47. Upon application by a blind person to take an examination for any position the duties of which he may properly perform, the administrator, upon written request of such person, shall make such provisions as will enable such person to take such examination. Notwithstanding any other provision of this chapter, an appointing authority may, after giving written notice to the administrator, make a temporary appointment of a person with an intellectual disability to a civil service position, provided that the appointing authority shall secure and maintain on file a certificate from MassAbility that such person has an intellectual disability and that such commission approves such employment of such person. The appointing authority shall also maintain a record of the following: (1) the specific title and duties to be assigned to such person with an intellectual disability and the title of his immediate supervisor; (2) a certificate from MassAbility that the person with an intellectual disability: (a) can satisfactorily perform the duties of the position, (b) is qualified to do the work without hazard to himself or to others, and (c) is socially competent to maintain himself in a work environment; (3) a statement that it will fully utilize the services of MassAbility for assistance to the employee's immediate supervisor in the training and supervision of the employee and for post-placement counseling of the employee; (4) a statement that it will not terminate the person with an intellectual disability's employment without prior notification to MassAbility. The appointing authority may require any such person with an intellectual disability to undergo such tests as, in its opinion, will measure the fitness of such person to properly perform the duties of the position. Upon commencement of employment pursuant to this section, such person with an intellectual disability shall be deemed to be employed on a temporary basis in such position. The appointing authority shall notify the administrator when such person with an intellectual disability has been continuously employed in a year-round temporary position for a period of three years, whereupon such position shall be deemed to be a permanent position, and such person shall be deemed to be a tenured employee therein. The administrator shall give appropriate notice thereof, by title and position number, with respect to each such position in the service of the commonwealth to the budget director, the comptroller, the house and senate committees on ways and means, and the appointing authority.

M.G.L. c. 31, § 47A Disadvantaged persons; certified work-training programs; examination; eligible lists; appointment

c. 31, § 47A. Disadvantaged persons; certified work-training programs; examination; eligible lists; appointment Section 47A. Notwithstanding the provisions of sections six and twenty-eight, an appointment to a position subject to this chapter may be made to a position in the lowest title in a series as determined by the personnel administrator; provided, however, that the appointee has successfully completed a certified work-training program for disadvantaged persons. The department of labor career services shall be responsible for certifying programs that are state-administered, federally-funded employment and training programs, except for such programs in the employment and training program administered by the department of transitional assistance which shall be certified by said department, the department of personnel administration shall be responsible for certifying inservice state agency programs; the board of regents shall be responsible for certifying two-year and four-year college training education programs, and the department of education shall be responsible for certifying secondary public schools, vocational schools and other certified education facilities that are work training programs which meet the qualifications and work specifications of the positions and prepare the trainee to perform the duties of said positions, and shall furnish a list of such programs to the personnel administrator; and provided, further that such training programs shall have been advertised to the public and made available to permanent employees of the commonwealth and its political subdivisions who meet the criteria as hereinafter established for disadvantaged persons and shall have been sponsored or conducted by, or in cooperation with, the commonwealth, a political subdivision thereof or the federal government. Prior to appointment, persons so trained shall take an examination for the position administered by the personnel administrator. If more than one person, eligible for an appointment, satisfactorily completes such examination, the names of such disadvantaged persons shall be placed in the order of their passing grade, subject to the provisions of section twenty-six or twenty-eight, for labor service, an eligible list, hereinafter referred to as a special eligible list. When an eligible list exists for the position for which such examination has been given, the personnel administrator shall certify names alternately from such eligible list and such special eligible list; provided, however, that persons on such list shall be grouped according to the provisions of this chapter; and, provided further, that nothing in this section shall be construed to affect other provisions of this chapter concerning promotional examinations. Names from a departmental promotional list shall be certified before names from a special eligible list. For the purpose of this section a disadvantaged person shall be a person whose annual family net income, in relation to size and location, does not exceed low-income guidelines established by the federal government, and who is a person lacking a high school education or its equivalent or belonging to a minority group, or under twenty-one years of age or who is forty-five years of age or older, or is disabled; provided, however, that a permanent state or municipal employee who otherwise meets the foregoing criteria shall not be barred from consideration as a disadvantaged person by reason of his receiving a salary from the commonwealth or its political subdivisions; and provided, further, that a public service employment enrollee who is unsuitably employed as defined by regulations promulgated pursuant to the comprehensive employment and training act or other similarly enacted federally sponsored training programs, shall not be barred from consideration as a disadvantaged person by reason of the amount of his salary. The provisions of this section shall not apply to positions in the police or fire services. The human resources division within the executive office for administration and finance shall assist in establishing training programs for disadvantaged persons to meet stated specifications of the positions referred to in this chapter.

M.G.L. c. 31, § 48 Civil service offices and positions; exemptions

c. 31, § 48. Civil service offices and positions; exemptions Section 48. All offices and positions in the official service of the commonwealth shall be subject to the civil service law and rules unless expressly exempted by this chapter or other law. Positions in the labor service of the commonwealth shall be subject to the civil service law and rules in the metropolitan district commission; executive office for administration and finance; Massachusetts Correctional Institution, Bridgewater; Massachusetts Correctional Institution, Framingham; labor service employees in the Massachusetts Correctional Institutions at Cedar Junction, Concord and Norfolk who have prisoners under their charge; department of telecommunications and energy; highway division in the Massachusetts Department of Transportation, except as provided in this section; department of revenue; division of employment and training; laborers in the office of public safety and inspections of the division of occupational licensure; laborers in the department of fire services; labor service employees in the division of conservation services and full-time conservation helpers employed on a year-round basis, and conservation skilled helpers in the department of environmental management; tree climbers employed by the department of environmental management; registry of motor vehicles; Massachusetts emergency management agency; Massachusetts office of business development, the Massachusetts trade office, the office of minority and women business development and employment, the office of science and technology, the office of travel and tourism, the office of film and video development; executive office of housing and livable communities; department of public welfare; Massachusetts Bay Transportation Authority police department; department of youth services. Offices and positions in the service of cities and towns shall be subject to the civil service law and rules as provided by sections fifty-one, fifty-two, and fifty-three. The following shall be exempt from the civil service law and rules, unless expressly made subject thereto by statute: City and town managers and assistant city or town managers, and administrative assistants, secretaries, stenographers, clerks, telephone operators and messengers connected with the offices of city councils, town councils, mayors, city managers, town managers and select boards. Clerical employees in the registries of probate of all counties. Confidential secretaries and administrative assistants in municipal light commissions. Counsels, attorneys-at-law, including attorneys designated as counsel or counsellors-at-law, city solicitors, assistant city solicitors, town counsels and assistant town counsels. Directors of divisions authorized by law in the departments of the commonwealth. Election officials, including registrars of voters. Employees of the treasurer and collector of taxes in any city or town. Executive directors of councils on aging. Heads of departments, members of boards and commissions, chaplains employed as such, members of authorities and other officers appointed by the governor or whose appointment is subject to approval by the governor, and heads of municipal departments. Industrial relations adjusters within the board of conciliation and arbitration in the department of labor and workforce development. Judges and officers and employees of the judicial branch. Laborers and chauffeurs employed in the state department of public works between October thirty-first and April fifteenth for the removal of snow from and the sanding of the highways and airports of the commonwealth and work incidental thereto, provided that such employment in each case does not exceed a total of ninety days within that period and that regular employees are not available to perform such work; and such temporary employees in such department as required during and following a disaster or period of extreme danger when and as authorized by the governor, but not to exceed ninety days. Preference shall be given to veterans in making appointments and employing persons under the provisions of this paragraph. Legislative counsel in cities or towns. Legislators and officers and employees of the legislative branch. Officers elected by popular vote and persons appointed to fill vacancies in elective positions. Officers, noncommissioned officers and enlisted persons in the military or naval services of the state. Officers, secretaries and employees of the office of the governor and executive council, lieutenant governor, state secretary, state treasurer, state auditor, and attorney general, and employees of the commissioner of banks. Officers whose appointment or election is by a city council, town council or subject to its confirmation. Parking meter supervisors, except as provided in sections fifty-one and fifty-two. Part-time municipal employees serving in the positions of electrical inspectors, wiring inspectors, plumbing inspectors, gas inspectors, sealer of weights and measures and assistant sealer of weights and measures. Physicians, registered nurses, graduate nurses, licensed practical nurses and student nurses in institutions and hospitals unless federal standards for a merit system of personnel administration apply. Police and fire commissioners and chief marshals or chiefs of police and of fire departments, except as provided in sections fifty-one and fifty-two. Professional librarians and subprofessional librarians whose duties require that they have certificates issued by the board of library commissioners, and pages employed in libraries on a part-time or intermittent basis. Public school ice skating rink managers. Public school teachers and administrators whose duties require the possession of a teacher's certificate. Regional directors in the department of children and families. Seasonal positions. Shellfish constables or deputy shellfish constables. Student interns employed by municipal police departments while attending degree granting institutions of higher learning, and one staff assistant employed by each department for each one hundred thousand residents or portion thereof, not to exceed five. Students who are employed part-time in a school department or educational institution which they are attending; and student interns assigned to any agency under an agreement authorized by law with an educational institution or foundation. Superintendents and assistant superintendents of charitable institutions unless federal standards for a merit system of personnel administration apply. Teachers in the department of correction whose duties require the possession of a teacher's certificate. Traffic supervisors or employees not members of the regular police force who are doing intermittent work protecting school children going to and from schools. Two employees of the city clerk of any city and two employees of the town clerk of any town. Such other officers and employees as are by law exempt from the civil service law and rules.

M.G.L. c. 31, § 48A Career management service program; designation of positions; selection of persons; annual listing; performance appraisal system

c. 31, § 48A. Career management service program; designation of positions; selection of persons; annual listing; performance appraisal system Section 48A. (1) The administrator shall establish a career management service program for state service. In pursuance of such responsibility as to the career management service, and following consultation with the secretaries of the several executive offices and after at least one public hearing, the administrator (a) shall establish and, from time to time thereafter, amend procedures regulating the designation, classification or reclassification of positions as career management service positions; (b) shall establish and, from time to time thereafter, amend procedures regulating the recruitment, selection, and placement of persons in career management service; (c) shall establish and, from time to time thereafter, amend policies, procedures and regulations related to the compensation and working conditions of persons employed in career management service positions. (2) The administrator may at the request of the secretary, designate positions within each secretariat and its agencies as career management positions; provided that no more than six per cent of the total authorized positions in any secretariat and its agencies shall be so designated. (3) The administrator shall designate a position as a career management position if: (a) the position is not required to be filled through appointment by the governor; and (b) the position is one in which an employee: (i) directs the work of an organization unit; or (ii) is held accountable for the success of one or more specific programs or projects; or (iii) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals; or (iv) supervises the work of employees other than personal assistants; or (v) otherwise exercises important policy-making, policy-determining, or other management functions; and (c) (i) the position is classified as managerial in accordance with chapter one hundred and fifty E; or (ii) the incumbent and representative of the collective bargaining unit of the commonwealth in which the position's incumbent is or would be a member, supports the secretary's request, or (iii) the incumbent serving in the position has been previously designated managerial by agreement of the parties. (4) If, at that time, a position is designated as a career management service position, it is filled by an incumbent who has acquired rights in that position pursuant to section nine A of chapter thirty or section forty-one of chapter thirty-one, the incumbent may choose to: (a) join the career management service program; or (b) continue to serve in that position in accordance with the provisions of this chapter. (5) The selection of persons to fill positions in the career management service shall not be subject to any other section or provisions of chapter thirty-one, section nine of chapter thirty, chapter one hundred and fifty E or any other laws that would otherwise pertain to appointing authorities in filling said positions. (6) Persons shall be certified as eligible for appointment to career management positions by meeting standards which shall be established by the administrator in conjunction with the secretary which establishes that said person has: (a) demonstrated management experience; or (b) successful participation in a management development program approved by the administrator; or (c) potential for successful performance as a career manager. (7) No more than thirty per cent of the career management service positions in any secretariat shall be filled by original appointment; provided, however, that the administrator may approve additional original appointments upon the written request of the appointing authority. (8) The administrator shall file annually with the house and senate committees on ways and means a listing of all positions designated as career management service positions. (9) Following original appointment to the career management service, a career service appointee shall serve a probationary period of one year. It shall be further provided that within ninety days after appointment, the career management service appointee may voluntarily return to the civil service position held immediately prior to appointment to the service without loss of seniority or other rights. Following the initial ninety days after appointment but before the end of the one year probationary period, a career appointee removed for reasons other than misconduct, neglect of duty or malfeasance shall be entitled to be certified for appointment to a civil service position similar to the position held previously from a reemployment list, ahead of any individual who is to be certified for such appointment based on the results of an open and competitive examination. (10) Each agency shall, in accordance with standards set by the administrator, develop a performance appraisal system for career management service employees. The system shall be based upon critical elements of the position and designed to: (a) permit the accurate evaluation of performance; (b) provide for systematic appraisal of performance; (c) encourage excellence in performance; and (d) provide means of making decisions regarding retention, promotion, compensation and other personnel actions. The administrator shall approve the performance appraisal system of the agency for members of the career management service if he is satisfied that the system the agency develops meets his standards and provides for the evaluation of, but not limited to, the following critical areas: (a) improvement in efficiency, production and quality of work; (b) cost efficiency; (c) timeliness of performance; (d) other independent indications of the quality or performance of these employees for whom the career manager is responsible; and (e) meeting affirmative action goals and requirements for equal employment opportunities. (11) All career management service employees shall be so appraised at least once a year and no more than two times a year. Each performance appraisal system developed by the agency and approved by the administrator shall provide for summary ratings of levels of performance, as follows: (a) one or more fully successful levels, (b) a minimally satisfactory level, and (c) an unsatisfactory level. Based upon summary ratings, a career management service employee's salary shall be set for a period of one year, in accordance with the salary schedule established for the program by the administrator, and that is subject to the governor's approval. (12) Personnel actions for those in the career management service programs, except for dismissal for reasons of misconduct, malfeasance, or neglect of duty, shall be based upon a performance appraisal system. These personnel actions shall include, but not be limited to: retention in the program, promotion, and level of compensation. (13) A career management service appointee may not appeal any appraisal rating under this chapter. (14) Any career management service employee who: (a) receives an unsatisfactory rating may be reassigned or transferred within the service; (b) receives two less than successful ratings in a three year period or two unsatisfactory ratings in a period of five years may be removed from the program and be eligible for reemployment, as provided in subsection (9).

M.G.L. c. 31, § 49 Students in temporary position appropriate to academic interest; appointments to certain state positions subject to or exempt from civil service law; confidential employees

c. 31, § 49. Students in temporary position appropriate to academic interest; appointments to certain state positions subject to or exempt from civil service law; confidential employees Section 49. The administrator shall cooperate with degree-granting institutions of higher education which offer programs designed to enable students enrolled therein to be employed in positions appropriate to their major academic interests. The employment by a city or town of any such student in any such position shall not be subject to the civil service law and rules if (1) the institution notifies the administrator in writing that such student is enrolled therein under such a program and (2) such employment is for a stated and limited time. An appointing authority, in its discretion, may make an appointment either subject to or exempt from the civil service law and rules to any of the following positions in the service of the commonwealth: adjutant; assistant adjutant; director of business services and director of engineering services at the state-operated veterans' homes; business manager; regional business manager; steward; and treasurer. No person employed in any such position following an appointment thereto exempt from the civil service law and rules shall be regarded as a tenured employee therein. If a tenured employee in a departmental unit under the supervision and control of such appointing authority accepts such an exempt appointment, he shall be notified in writing by the appointing authority that his civil service status will terminate upon the effective date of such appointment. Each officer, board and commission appointed by the governor, with the advice and consent of the council, having supervision and control of an executive or administrative department, board or commission of a municipality, may appoint and remove a person to serve as its confidential secretary. Such confidential secretary shall receive such compensation as shall be fixed by said officer, board or commission, and his appointment and employment shall be exempt from the application of the civil service law and rules.

M.G.L. c. 31, § 50 Persons ineligible for civil service

c. 31, § 50. Persons ineligible for civil service Section 50. No person habitually using intoxicating liquors to excess shall be appointed to or employed or retained in any civil service position, nor shall any person be appointed to or employed in any such position within one year after his conviction of any crime except that the appointing authority may, in its discretion, appoint or employ within such one-year period a person convicted of any of the following offenses: a violation of any provision of chapter ninety relating to motor vehicles which constitutes a misdemeanor or, any other offense for which the sole punishment imposed was (a) a fine of not more than one hundred dollars, (b) a sentence of imprisonment in a jail or house of correction for less than six months, with or without such fine, or (c) a sentence to any other penal institution under which the actual time served was less than six months, with or without such fine. Violations of statutes, ordinances, rules or regulations regulating the parking of motor vehicles shall not constitute offenses for purposes of this section.

M.G.L. c. 31, § 51 Cities; civil service offices and positions

c. 31, § 51. Cities; civil service offices and positions Section 51. All positions in all cities shall be subject to the civil service law and rules except as provided by section forty-eight or other law and except that, in cities with less than one hundred thousand residents, positions which would fall within the labor service shall not be so subject unless the city council votes to accept the applicability of the civil service law and rules to the labor service. Notwithstanding the provisions of section forty-eight, the following offices and positions in cities shall be subject to the civil service law and rules: (1) the position of parking meter supervisor in cities whose city councils vote to accept the applicability of civil service law and rules to such position; (2) the office or offices of chief of police or chief of fire department, or the officer performing similar duties, whatever his title, in cities which vote pursuant to the provisions of sections fifty-four and fifty-five to accept the applicability of the civil service law and rules to such office or offices; (3) any municipal office to which the civil service law and rules are made applicable pursuant to section fifty-three; and (4) any office or position to which the civil service law and rules were applicable immediately preceding the effective date of this chapter.

M.G.L. c. 31, § 52 Towns; civil service offices and positions

c. 31, § 52. Towns; civil service offices and positions Section 52. The following offices and positions in towns shall be subject to the civil service law and rules: (1) Inspectors of plumbing. (2) Sealers and deputy sealers of weights and measures and inspectors and deputy inspectors of weights and measures, whether they are heads of departments or not, in towns of over ten thousand inhabitants. (3) Offices and positions allocable to the official service in any town of more than five thousand inhabitants which votes pursuant to the provisions of sections fifty-four and fifty-five to accept the applicability of the civil service law and rules to such service. (4) Positions allocable to the labor service in any town of more than five thousand inhabitants which votes pursuant to the provisions of sections fifty-four and fifty-five to accept the applicability of the civil service law and rules to such service. (5) Any municipal office to which the civil service law and rules are made applicable pursuant to section fifty-three. (6) Any office or position to which the civil service law and rules were applicable immediately preceding the effective date of this chapter. The civil service law and rules shall also be applicable to any of the following in a town which accepts such applicability pursuant to the provisions of sections fifty-four and fifty-five: (a) The chief of police, or the officer performing similar duties, whatever the title of his office, in any town. (b) The chief of the fire department, or the officer performing similar duties, whatever the title of his office in any town. (c) The police force, the fire force and the call fire force in any town. (d) Parking meter supervisor in any town. (e) Janitors of school buildings in a town with more than five thousand inhabitants. (f) Supervisors of attendance in a town with more than five thousand inhabitants. (g) Clerical positions in the school department of a town with more than five thousand inhabitants. (h) Sealers and deputy sealers of weights and measures or inspectors and deputy inspectors of weights and measures, whether they are heads of departments or not, in a town with more than five thousand but not more than ten thousand inhabitants.

M.G.L. c. 31, § 53 Application of chapter to municipalities; school districts; elections

c. 31, § 53. Application of chapter to municipalities; school districts; elections Section 53. (a) All non-academic positions in the service of a regional school district or of a regional vocational school district shall be subject to the civil service law and rules if the school committee of such district votes to accept the applicability of said law and rules to said positions. (b) Notwithstanding the provisions of section forty-eight or other law, a city or town may accept, in accordance with the provisions of sections fifty-four and fifty-five, the applicability of the civil service law and rules to any office of such city or town if the incumbent of such office shall have served therein continuously for not less than ten years in the case of a city, or for not less than five years in the case of a town, immediately prior to the filing of a petition pursuant to section fifty-four if such petition bears the approval in writing of such incumbent at the time of said filing. The provisions of this section shall not apply to an office filled by popular vote or the office of city solicitor, assistant city solicitor, secretary to the mayor, clerk to the select board, town counsel, assistant town counsel, legislative counsel, registrar of voters or election commissioner or other officer performing similar duties, or public school teacher. A question or questions under this clause shall be printed on the official ballot to be used at a regular municipal election, in substantially the following form:— QUESTION 1 (Part 1) Shall the city (or town) vote to accept the applicability of the civil service law and rules to the office of (title of office)? Yes . . . No . . . (Part 2) If it is voted to accept the applicability of the civil service law and rules to the office of (title of office), shall the city (or town) vote to provide for the continuance in said office of (name of incumbent), the present incumbent thereof, after passing a qualifying examination? Yes . . . No . . . There shall be a separately numbered question for each office to which the acceptance of the applicability of the civil service law and rules is sought under this clause. If more than one such question is to be submitted to the voters of a city or town at any election, such questions shall be printed on the official ballot in alphabetical order according to the surnames of the incumbents of the several offices to which such questions relate. The civil service law and rules shall be applicable to the office specified in Part 1 of each such question in answer to which the majority of the voters voting thereon vote in the affirmative. If Part 2 of such question is so answered in the affirmative the incumbent of such office at the time of filing such petition shall, if still the incumbent thereof, be subjected by the administrator to a qualifying examination for such office, and if he passes said examination, he shall be deemed to be permanently appointed thereto and to be tenured therein without being required to serve any probationary period. If such incumbent does not pass such qualifying examination, or if a majority of the voters voting on said Part 2 of such question do not vote thereon in the affirmative, such incumbent may continue to serve in said office for the remainder of the term, if any, for which he was appointed, but the civil service law and rules shall not be applicable to such incumbent. The status of any such incumbent shall not be subject to section fifty-six. Nothing in this clause shall prevent a city or town from acting under section fifty-four.

M.G.L. c. 31, § 54 Petitions; number of signatures; filing

c. 31, § 54. Petitions; number of signatures; filing Section 54. If five per cent or five thousand of the registered voters in a city file with the city clerk a petition requesting that the question of accepting the applicability of the civil service law and rules to either or both of the offices specified in clause (2) of section fifty-one or to any city office as provided in clause (b) of section fifty-three be placed on the official ballot, the clerk shall, if he finds such petition to be in order, place such question on the official ballot for the next regular city election occurring more than sixty days after the filing of such petition. If five per cent or one thousand of the registered voters in a town authorized under section fifty-two to accept the applicability of the civil service law and rules to the official service or to the labor service, or to both services, or to any one or more of the positions or forces specified in clauses (a) through (h) of said section file with the town clerk a petition requesting that the question of accepting such applicability to either or both of such services, or to any one or more of such positions or forces, be placed on the official ballot, the clerk shall, if he finds such petition to be in order, place such question on the official ballot for the next regular town election occurring more than thirty days after the filing of such petition. If five per cent of the registered voters in any town file with the town clerk a petition requesting that the question of accepting the applicability of the civil service law and rules to a town office as provided in clause (b) of section fifty-three be placed on the official ballot, the clerk shall, if he finds such petition to be in order, place such question on the official ballot for the next regular town election occurring more than thirty days after the filing of such petition.

M.G.L. c. 31, § 55 Signatures to petitions; certification; objections

c. 31, § 55. Signatures to petitions; certification; objections Section 55. Each person who signs a petition for the placing of a question on the official ballot at a regular municipal election pursuant to the provisions of section fifty-four shall state thereon his name and his place of residence on January first preceding, giving the street and number, if any, or if he became an inhabitant of such city or town after said January first, the place where he first resided thereafter. Signatures to such petition need not all be on one paper, provided that all papers pertaining to any one office or position shall, when filed with the city or town clerk under the provisions of this section, be fastened together and filed as one instrument with the endorsement thereon of the names of three persons designated as filing the same. All such papers pertaining to any one office or position shall be submitted to the registrars of voters of such city or town not later than five o'clock in the afternoon of the seventh day preceding the last day prior to the election when such petition may be filed under section fifty-four, for the purpose of their certifying on such petition the names of persons signing the same who are registered voters. The registrars of voters shall, within five days after such submission, ascertain by what number of registered voters such petition has been signed, shall make and certify a statement of their determination in detail, setting forth such number and whether or not such petition has been signed by the number of registered voters required under the provisions of section fifty-four, and shall attach such statement to such petition. If such a petition, bearing the number of signatures of registered voters required by section fifty-four, as shown by the statement attached thereto of the registrars of voters, is filed with the city or town clerk seasonably for submission to the voters at the next regular municipal election as provided in said section, and the clerk finds that the same is in order, he shall, if said law and rules are not already applicable to the office or position named in the petition, cause the question or questions contained therein to be printed on the official ballot for such election. Written objections to the validity or sufficiency of any petition which has been filed with the city or town clerk under the provisions of the preceding paragraph or of the signatures on such petition may be filed with the city or town clerk not later than forty-eight hours after the last day prior to said election when such petition may be filed under section fifty-four, and such objections shall be considered by the appropriate board referred to in sections seven of chapter fifty-five B. In the consideration of objections under this section such board shall have and exercise all the powers given to it by any provision of law relative to objections to nominations. The notice provided by said section seven shall be sent to the persons filing the petition and to each officer affected thereby. Said board shall make its decision within four days after the expiration of the time for filing such objections and forthwith give notice thereof to the city or town clerk. The provisions of section sixteen of chapter fifty-three relative to the preservation of nomination papers shall apply to petitions filed with a city or town clerk under this section.

M.G.L. c. 31, § 56 Incumbents; status; seniority; transfer of school employees

c. 31, § 56. Incumbents; status; seniority; transfer of school employees Section 56. Whenever any office or position exempt from the civil service law and rules is made subject thereto, whether by the provisions of this chapter or by any other statute, or by rule, or by acceptance by a city or town of the provisions of this chapter or of any other statute, the appointing authority shall forthwith submit to the administrator a list of the incumbents of each such office or position. Such list shall state, for each person named, his duties, his record of service with dates of employment, his compensation, and any other information which the administrator may require. The appointing authority shall post a copy of such list in a public place for a period of thirty days. After the end of said period of posting, the administrator shall classify by title the office or position of each person named on said list and shall determine the date from which length of service of such person shall be computed, in conformity with the provisions of section thirty-three, so far as practicable. The administrator shall notify each person on said list of his civil service title, such date, and such other information as the administrator deems pertinent. Within fourteen days after the mailing of said notification, any person who alleges that his rights have been affected may request the administrator to review the correctness of the list, of his civil service title, and of the date proposed to be used to compute his length of service for the purpose of determining seniority. The administrator or his authorized representative shall forthwith hold a hearing and hear all parties concerned. After said hearing, the administrator shall make such changes as he deems proper in the civil service title of such person and in the date to be used to compute his length of service. After such date is determined as provided herein, it shall continue to be used, subject to the provisions of section thirty-three. The status of the incumbents of any such offices or positions shall be determined as follows, except as otherwise expressly provided in this chapter or other law: 1. The employment of any person employed on a temporary basis and of any employee who has been employed in the office or position for less than six months immediately prior to the date that the office or position became a civil service position may continue on a temporary basis for a period of not more than one year from such date, but the civil service law and rules shall not otherwise be applicable to said person or employee. 2. An incumbent of any position allocable to the labor service who has been employed continuously for six months or more but less than two years immediately prior to the date that such position became a civil service position shall be deemed to be a tenured employee after serving a probationary period. 3. An incumbent of any position allocable to the labor service who has been employed continuously for two years or more immediately prior to the date that such position became a civil service position shall be deemed to be a tenured employee without serving any probationary period. 4. An incumbent of any office or position allocable to the official service who has been employed continuously for six months or more but less than two years immediately prior to the date on which such office or position became a civil service position shall be subjected to a qualifying examination prescribed by the administrator, and, if he passes, shall be deemed to be a tenured employee after serving a probationary period. 5. An incumbent of any office or position allocable to the official service who has been employed continuously for two years or more immediately prior to the date on which such office or position became a civil service position shall be subjected to a qualifying examination prescribed by the administrator, and, if he passes, shall be deemed to be a tenured employee without serving any probationary period. Any such incumbent of any office or position allocable to the official service who fails to pass such qualifying examination may be continued by the appointing authority in such office or position for the remainder of the term, if any, for which he was appointed, but the provisions of the civil service law and rules shall not otherwise be applicable to such incumbent. Where a permanent officer or employee in any departmental unit had formerly occupied in the same departmental unit a non-civil service office or position which is subsequently made a civil service position by statute, or by rule, or by acceptance by a city or town of provisions of this chapter or any other statute, the date which shall be used in computing length of service of such officer or employee for purposes of determining seniority shall be the earliest date of continuous employment which has not been interrupted by an absence from the payroll other than an absence specified in clauses (1) and (2) of the first paragraph of section thirty-three. However, when an incumbent acquires by statute permanent civil service status in a position which, previous to the effective date of such statute, had become a civil service position, the date from which his length of service shall be computed shall be the effective date of such statute, unless otherwise specifically provided therein. Whenever a school district is established under the provisions of general or special law to which the provisions of this chapter do not apply and said district is to include a school or schools of a city, town or school district to which, prior to said establishment, the provisions of this chapter were applicable, any civil service employee in such a school shall, if he so requests, be transferred to such newly established school district. An employee so transferred shall retain his rights under sections forty-one through forty-five and his rights to transfer held by him immediately prior to such transfer, provided that such rights shall be retained only while he is serving in the same capacity or position held on the effective date of the transfer to such newly established school district. Nothing in this paragraph shall prevent the reassignment or transfer of an employee to another school which is to continue in a school system to which the civil service law and rules are applicable, if such reassignment or transfer can be made in lieu of a transfer to such newly established school district. Notwithstanding any other provisions of this section, when a city or town, acting other than in accordance with the provisions of clause (b) of section fifty-three, accepts the applicability of the civil service law and rules to the office of chief of police, or officer performing similar duties, however entitled, or to the office of chief of the fire department, or officer performing similar duties, however entitled, any incumbent of such office who, immediately prior to the filing of the petition relative thereto, shall have served in such office continuously for not less than five years in the case of a city, or for not less than three years in the case of a town, shall be subjected to a qualifying examination prescribed by the administrator, and if he passes, shall be deemed to be a tenured employee without serving any probationary period. Any such incumbent who fails to pass the qualifying examination may be continued by the appointing authority in such office for the remainder of the term, if any, for which he was appointed, but the civil service law and rules shall not otherwise be applicable to such incumbent.

M.G.L. c. 31, § 57 Permanent positions in city labor service; removal of intermittent junior building custodians; certification of inspector of wires

c. 31, § 57. Permanent positions in city labor service; removal of intermittent junior building custodians; certification of inspector of wires Section 57. Every year-round temporary position in the labor service of a city where such service is subject to the civil service law and rules shall be deemed to be a permanent position if compensation for service in such temporary position has been paid for a continuous period of two years. Certification to fill such a position shall first be made of persons with experience in such position in the departmental unit. A person employed as a temporary employee in a labor service position for a period of at least two years who receives an appointment as a permanent employee to such position in the same departmental unit shall be deemed to be a tenured employee within the meaning of section thirty-four without serving a probationary period. This paragraph shall take effect upon its acceptance by vote of the city council. A permanent intermittent junior building custodian in the school department of a city or town who, after the certification of his name on three separate occasions, refuses to accept appointment as a permanent full-time junior building custodian in such school department shall not be eligible for further certification and shall cease to be a permanent intermittent junior building custodian. The appointing authority shall send to the administrator and to such permanent intermittent junior building custodian a notice of termination of the service of such permanent intermittent junior building custodian. Such notice shall set forth the occasion of each refusal and the date of termination of service of such permanent intermittent junior building custodian. This paragraph shall take effect in a city upon its acceptance by vote of its city council, subject to the provisions of its charter, in a town upon its acceptance by vote of the inhabitants of the town at an annual town meeting, or, if such custodians are appointed in a city or town by the school committee thereof, upon its acceptance by such committee. No person shall be certified by the administrator for appointment to the position of inspector of wires in a city or town unless he has been issued a certificate A or certificate B license pursuant to section three of chapter one hundred and forty-one.

M.G.L. c. 31, § 58 Municipal police officers and firefighters; qualification

c. 31, § 58. Municipal police officers and firefighters; qualification Section 58. No person shall be ineligible for appointment and no person shall be denied employment as a firefighter or as a police officer in a city or town because of failure to attain a minimum height unless the administrator, in response to the written request of the appointing authority that no person under a specified height be certified for appointment to such position in said city or town, has established a minimum height requirement for the position. Such request shall include the findings of a validation study demonstrating the necessity for a minimum height for said position in said city or town, and such other evidence as the administrator may require. No person shall be certified for original appointment to the position of firefighter or police officer in a city or town which has not accepted sections 61A and 61B if that person has reached 32 years of age on or before the final date for the filing of applications, as stated in the examination notice, for the examination used to establish the eligible list from which the certification is to be made. No person shall be eligible to take an examination for original appointment to the position of firefighter or police officer in a city or town if the applicant will not have reached 19 years of age on or before the final date for the filing of applications for the examination, as so stated; provided, however, that an applicant who reached 19 years of age while serving on active military duty, who was not 19 on or before the date of an original examination, shall be eligible for any subsequent make up examination that is offered. No person shall be eligible for original appointment to the position of police officer in a city or town until that person has reached the age of 21. [Third paragraph effective until November 20, 2025. For text effective November 20, 2025, see below.] No applicant for examination for original appointment to the police force or fire force of a city or town shall be required by rule or otherwise to be a resident of such city or town at the time of filing application for such examination; provided, however, that notwithstanding the provisions of any general or special law to the contrary, any person who receives an appointment to the police force or fire force of a city or town shall within nine months after his appointment establish his residence within such city or town or at any other place in the commonwealth that is within ten miles of the perimeter of such city or town; provided, however, that a city or town may increase the 10 mile residency limit under a collective bargaining agreement negotiated under chapter 150E. If any person who has resided in a city or town for one year immediately prior to the date of examination for original appointment to the police force or fire force of said city or town has the same standing on the eligible list established as the result of such examination as another person who has not so resided in said city or town, the administrator, when certifying names to the appointing authority for the police force or the fire force of said city or town, shall place the name of the person who has so resided ahead of the name of the person who has not so resided; provided, that upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from said eligible list for original appointment to the police force or fire force of a city or town, place the names of all persons who have resided in said city or town for one year immediately prior to the date of examination ahead of the name of any person who has not so resided. [Third paragraph as amended by 2024, 238, Sec. 143 effective November 20, 2025. See 2024, 238, Sec. 328. For text effective until November 20, 2025, see above.] No applicant for examination for original appointment to the police force or fire force of a city or town shall be required, by rule or otherwise, to be a resident of such city or town at the time of filing an application for examination. If any person who has resided in a city or town for 1 year immediately prior to the date of examination for original appointment to the police force or fire force of the city or town has the same standing on the eligible list established as the result of the examination as another person who has not resided in the city or town, the administrator, when certifying names to the appointing authority for the police force or the fire force of the city or town, shall place the name of the person who has so resided ahead of the name of the person who has not so resided; provided, that upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from the eligible list for original appointment to the police force or fire force of a city or town, place the names of all persons who have resided in the city or town for 1 year immediately prior to the date of examination ahead of the name of any person who has not so resided; provided further, that any applicant who earned a high school diploma from a public school located within the geographical confines of the city or town or so resided in the city or town when they received their public high school diploma shall have the same claim to preferential placement on the certification as those persons who have resided in the city or town for 1 year immediately prior to the date of examination. [Two paragraphs inserted following the third paragraph by 2024, 238, Sec. 143 effective November 20, 2025. See 2024, 238, Sec. 328.] In the case of a municipality, with a population of less than 75,000 inhabitants, seeking to draw from a regional pool of candidates, the administrator may, upon written request of the hiring authority, when certifying names from the eligible list for original appointment, place the names of all persons who have resided in another municipality within 10 miles of the perimeter of the requisitioning municipality ahead of the name of any person who has not so resided in or adjacent to the requisitioning municipality. In the case of a municipality with a population of more than 75,000 inhabitants, a public safety department appointing authority from that city and its counterpart from any other municipality may jointly petition the administrator to include on the portion of the eligible list of individuals seeking original appointment that are preferred on the basis of residency the names of candidates residing in those specifically-identified municipalities if the city appointing authority is so authorized to petition for expansion of the residency preference by a vote of the legislative body of the hiring municipality. Whenever the residency preference to be applied to eligible lists extends beyond the perimeter of the requisitioning municipality, the administrator shall specify the contours of the preference-eligible geographical zone on the administrator's website. Thereafter, upon written request of the appointing authority to the administrator, the administrator shall, when certifying names from an eligible list for original appointment to the police or fire force of the municipality, place the names of all persons who satisfy the published criteria for residency preference ahead of the name of any person who does not satisfy the criteria. Notwithstanding any general or special law to the contrary, any person who receives an appointment to the police force or fire force of a city or town shall within 9 months after appointment establish residence within such city or town or at any other place in the commonwealth that is within 10 miles of the perimeter of such city or town; provided, however, that a city or town may increase the 10–mile residency limit under a collective bargaining agreement negotiated under chapter 150E. As a prerequisite to appointment to the position of regular police officer in a city, or in a town where the civil service law and rules are applicable to such position, a person shall have graduated from high school, or received a high school graduation equivalency certificate from the department of education, or served for three years or more in the armed forces of the United States, having last left such armed forces under honorable conditions. Upon the written request of an appointing authority that educational requirements be established as prerequisites for appointment to its fire force, the administrator may establish such requirements.

M.G.L. c. 31, § 58A Municipal police officers and firefighters; maximum age restrictions

c. 31, § 58A. Municipal police officers and firefighters; maximum age restrictions Section 58A. Notwithstanding the provisions of any general or special law to the contrary, in any city, town or district that accepts this section, no person shall be eligible to have his name certified for original appointment to the position of firefighter or police officer if such person has reached his thirty-second birthday on the date of the entrance examination. Any veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty, but in no case shall said candidate for appointment be credited more than four years of active military duty.

M.G.L. c. 31, § 59 Municipal police officers and fire fighters; examinations; appointments and promotions

c. 31, § 59. Municipal police officers and fire fighters; examinations; appointments and promotions Section 59. Original and promotional appointments in police and fire forces of cities and of such towns where such forces are within the official service, including appointments to the position of chief or similar position where the civil service law and rules are applicable to such position, shall be made only after competitive examination except as otherwise provided by sections 59A and 60 and by sections 36 and 36A of chapter 48. [ Second paragraph effective until August 5, 2025. For text effective August 5, 2025, see below.] An examination for a promotional appointment to any title in a police or fire force shall be open only to permanent employees in the next lower title in such force, except that if the number of such employees, or the number of applicants eligible for the examination is less than 2, the examination shall be opened to permanent employees in the next lower titles in succession in such force until either 2 such eligible employees have applied for examination or until the examination is open to all permanent employees in lower titles in such force; provided, however, that no such examination shall be open to any person who has not been employed in such force for at least 1 year after appointment and performance of the job duties in the lower title or titles to which the examination is open; and provided, further, that no such examination for the first title above the lowest title in the police or fire force of a city or town with a population in excess of fifty thousand shall be open to any person who has not been employed in such force in such lowest title for at least three years after certification. [ Second paragraph as amended by 2025, 14, Sec. 20 effective August 5, 2025. For text effective until August 5, 2025, see above.] An examination for a promotional appointment to any title in a police or fire force shall be open only to permanent employees in the next lower title in such force, except that if the number of such employees, or the number of applicants eligible for the examination is less than 2, the examination shall be opened to permanent employees in the next lower titles in succession in such force until either 2 such eligible employees have applied for examination or until the examination is open to all permanent employees in lower titles in such force; provided, however, that no such examination shall be open to any person who has not been employed in such force for at least 1 year after appointment and performance of the job duties in the lower title or titles to which the examination is open; and provided, further, that no such examination for the first title above the lowest title in the police or fire force of a city or town with a population in excess of fifty thousand shall be open to any person who has not been employed in such force in such lowest title for at least 3 years after appointment and performance of the job duties. Persons referred to in this section as being permanent employees in the lowest or lower title shall include only full-time members of the regular force and shall not include members of the reserve or intermittent police or fire force or members of the call fire force unless the appointing authority certifies to the administrator that the number of permanent full-time members of the regular force is insufficient to allow adequate competition in an examination and the administrator determines that the circumstances warrant opening the examination to permanent members of the reserve, intermittent or call force, as the case may be. Upon the request of the appointing authority, the administrator may include service actually performed while a permanent member of a reserve, intermittent, or call force in computing length of service required for admission to an examination for promotional appointment to the first title above the lowest title. The appointing authority shall submit with such request payroll records proving that such service was actually performed. For purposes of this section, two hundred and fifty days, or the equivalent thereof, of such service shall be equivalent to one year of service on a full-time basis in such regular force. All promotional appointments to fill positions in regular police or fire forces shall be made on a full-time basis. No such promotional appointments shall be made on a permanent intermittent basis. No examination shall be required for promotional appointments of call men within any call fire force to which the civil service law and rules are applicable. An eligible list established as a result of any examination shall not be used for an original or promotional appointment to any position in a police or fire force unless the announcement of such examination identified such position as one to be filled from such list. Notwithstanding the provisions of any law or rule to the contrary, a member of a regular police force or fire force who has served as such for twenty-five years and who passes an examination for promotional appointment in such force shall have preference in promotion equal to that provided to veterans under the civil service rules.

M.G.L. c. 31, § 59A Registers of entry-level municipal police and firefighter candidates; original appointment; candidate requirements

c. 31, § 59A. Registers of entry-level municipal police and firefighter candidates; original appointment; candidate requirements [ Text of section effective until January 1, 2035. Repealed by 2024, 238, Sec. 148. See 2024, 238, Sec. 327.] [ Subsection (a) effective until August 5, 2025. For text effective August 5, 2025, see below.] Section 59A. (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to create its own registers of entry-level municipal police and firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles and to commit to recruiting and considering candidates of diverse backgrounds, and upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the administrator. [ Subsection (a) as amended by 2025, 14, Sec. 21 effective August 5, 2025. For text effective until August 5, 2025, see above.] (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to create its own registers of entry-level municipal police, MBTA police and municipal firefighter candidates after the appointing authority has entered into a written agreement with the administrator to adhere in the hiring process to basic merit principles and to commit to recruiting and considering candidates of diverse backgrounds, and upon submission of an anti-nepotism, anti-patronage and anti-favoritism policy acceptable to the administrator. (b) An appointing authority that has entered into a written agreement with the administrator pursuant to subsection (a) may designate candidates to appear on a local public safety register from which candidates may be considered for original appointment to permanent police officer or firefighter. Sections 26 and 27 shall not apply to candidates designated by the appointing authority to be considered from the local public safety register. (c) A candidate may be appointed as a permanent police officer from a local public safety register without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A, and also satisfy 1 of the following conditions: (i) future successful completion of a prescribed course of study at a police academy approved by the municipal police training committee pursuant to section 96B of chapter 41; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for police officer administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the policing profession; (iii) current service in the commonwealth as a salaried police officer certified by the peace officer standards and training commission; (iv) graduation within the past 5 years from a police academy approved by the municipal police training committee; or (v) receipt of a waiver from the municipal police training committee excusing the named candidate from further academy training. (d) No individual appointed as a police officer may perform the duties of a sworn police officer prior to completion of the prescribed course of study approved by the municipal police training committee pursuant to section 96B of chapter 41 or receipt of a waiver of such training requirement from the committee. (e) A candidate may be appointed from a local public safety register as a permanent firefighter without having first passed the entry examination required by section 6 if they meet the minimum educational attainment and age requirements for appointment set forth in the second paragraph of section 58 and the health and physical fitness standards set forth in section 61A and satisfy 1 of the following conditions: (i) prior or proximately anticipated graduation from a fire academy, or anticipated completion within the next 12 months of another prescribed course of study culminating in certification, approved by the Massachusetts fire training council pursuant to section 165 of chapter 6; (ii) receipt of a passing mark, within the past 5 years, on: (A) a civil service examination for firefighter administered by the administrator; (B) a qualifying examination administered by the appointing authority that has been validated by a test-development expert and that tests the knowledge, skills and abilities to perform the primary or dominant duties of the position; or (C) any other examination approved by the administrator in consultation with individuals deemed to be subject matter experts in the firefighting profession; or (iii) current service, for a minimum of 6 months, in the commonwealth as a salaried firefighter; or (iv) past service as a salaried firefighter in another jurisdiction together with certification acceptable to the Massachusetts fire training council. (f) In all cases, whether involving either police or fire position candidacies under this section, no appointment shall be deemed effective for civil service purposes until notification of the appointment to the administrator in a manner prescribed by the administrator. Nothing in this section regarding the appointment of candidates from a local public safety register shall be construed to apply to any municipal public safety personnel ranked above the entry-level position of police officer or firefighter. (g) Upon investigation and substantiation by the commission of allegations that an appointing authority has violated material terms of the written agreement entered into with the administrator, the commission, in consultation with the administrator, may order modifications, suspension or termination of the agreement. [ Subsection (h) added by 2025, 14, Sec. 2 effective August 5, 2025.] (h) Notwithstanding any prior appointments, for any person who receives an appointment pursuant to this section, the local public safety register appointment date shall be considered the person's seniority date for all purposes under this chapter.

M.G.L. c. 31, § 59B Entry-level police cadet program

c. 31, § 59B. Entry-level police cadet program Section 59B. (a) Notwithstanding any general or special law to the contrary, the administrator may authorize an appointing authority to establish an entry-level police cadet program leading to civil service tenure. The cadet program shall be established by the appointing authority, in accordance with basic merit principles and section 21A of chapter 147, except that a person appointed as a police cadet shall not be required to reside in the municipality making the appointment and may be of any age once the person's eighteenth birthday has transpired. Cadet program requirements shall be approved by both the administrator and an authorized designee of the municipal police training committee established in section 116 of chapter 6. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from their compensation for the purpose thereof, but a cadet who satisfies all prerequisites for appointment to the police force of a city or town, and is appointed as a permanent full-time police officer, shall have their police cadet service considered as creditable service for purposes of retirement; provided, that the person pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which they would have paid had they been a member of the retirement system during the period of training as a police cadet. (b) A cadet may be appointed to fill a vacancy in a position in the lowest grade of a municipal police force through a cadet appointment without certification from an eligible list. In order to maintain cadet-appointment status, the cadet shall pass a qualifying exam and be a member in good standing in the appointing authority-sponsored cadet program for a time period specified by the administrator but not less than 12 months. Upon successful completion of the cadet program and contingent upon graduation from a police academy approved by the municipal police training committee, the appointing authority may effectuate a civil service appointment of the cadet to the permanent police force through notification to the administrator. The appointee shall then serve the probationary period specified in section 61 before gaining tenure status. The appointing authority shall report in writing to the administrator any such permanent original appointment.

M.G.L. c. 31, § 59C Appointment of fire cadets to civil service fire force

c. 31, § 59C. Appointment of fire cadets to civil service fire force [Text of section effective until January 1, 2035. Repealed by 2024, 238, Sec. 148. See 2024, 238, Sec. 327.] Section 59C. (a) Notwithstanding any general or special law to the contrary, any person who has completed not less than 24 months of service as a fire cadet may, subject to a program established by the head of the fire department as defined in section 1 of chapter 148, on behalf of a municipality accepting this chapter, which program has been approved by both the administrator and the Massachusetts fire training council established in section 164 of chapter 6, be appointed to fill a vacancy in a position in the lowest grade in the civil service fire force of the city or town without certification from an eligible list prepared under this chapter; provided, however, that such person shall be on a fire entrance eligible list prepared under this chapter or shall have passed another qualifying examination approved by the administrator. (b) Any change in working conditions for incumbent firefighters directly precipitated by the employment of fire cadets shall trigger the bargaining obligations set forth in section 6 of chapter 150E. A cadet shall not be subject to or entitled to the benefits of any retirement or pension law nor shall any deduction be made from their compensation for the purpose thereof; provided, however, that a cadet who satisfies all prerequisites for appointment to the firefighting force of a city or town, and is appointed as a permanent full-time firefighter, shall have their fire cadet service considered as creditable service for purposes of retirement; provided further, that the cadet pays into the annuity savings fund of the retirement system such amount as the retirement board determines equal to that which they would have paid had they been a member of the retirement system during the period of training as a fire cadet.

M.G.L. c. 31, § 59D Limit on appointments from local public safety service register or cadet program

c. 31, § 59D. Limit on appointments from local public safety service register or cadet program [Text of section effective until January 1, 2035. Repealed by 2024, 238, Sec. 148. See 2024, 238, Sec. 327.] Section 59D. The percentage of candidates appointed to a permanent position from a local public safety service register or a cadet program, pursuant to sections 59A to 59C, inclusive, shall not exceed, in the aggregate, more than 50 per cent of the appointing authority's overall appointments to the entry-level police and firefighter ranks during the time period established by the written agreement between the administrator and the appointing authority that authorizes the alternative appointment methodologies permitted by this chapter.

M.G.L. c. 31, § 60 Intermittent or reserve police or fire forces; appointments to regular force

c. 31, § 60. Intermittent or reserve police or fire forces; appointments to regular force Section 60. In any city or town having an intermittent or reserve police or fire force to which the civil service law and rules are applicable, original appointments to the lowest title in the regular police or fire force shall be made from among the permanent members of such intermittent or reserve police or fire force, as the case may be, whose names are certified by the administrator to the appointing authority. Names of such members shall be listed on the certification in the order of their civil service appointments to such intermittent or reserve police or fire force, or, if such order is not ascertainable, in the order provided by the appointing authority at the time of their appointments to such intermittent or reserve police or fire force; provided, however, that in a city or town having both an intermittent police force and a reserve police force, or an intermittent fire force and a reserve fire force, permanent members of such intermittent police force or such intermittent fire force shall, for the purposes of certification and appointment to the regular police force or the regular fire force pursuant to this section, be deemed to be members of the reserve police force or the reserve fire force of such city or town. No person who has passed his fiftieth birthday shall be appointed pursuant to this section to the regular police or fire force. A member of an intermittent or reserve police or fire force who, after being duly certified on three occasions, refuses employment on a permanent basis in the regular police or fire force shall not be eligible for further certification for appointment thereto and, notwithstanding the provisions of sections forty-one, forty-three and forty-four or any other law, shall cease to be a member of such intermittent or reserve police or fire force, provided that the refusal of any such member to accept appointment to the regular force made while he was serving in the armed forces of the United States shall not be included among the refusals referred to in this paragraph. The appointing authority shall send to the administrator a notice of termination of service of any such member which occurs pursuant to this paragraph. Such notice shall set forth the occasion of each refusal and the date of termination of service of such member. The administrator shall deny any request of a member of an intermittent or reserve police or fire force that he not be certified in any instance for appointment to the regular force. The provisions of this section shall not be deemed to prevent the appointment to the regular fire force of a city or town of a call fire fighter under the provisions of any general or special law.

M.G.L. c. 31, § 60A Intermittent or reserve police or fire force members; effect of refusals to accept employment on permanent basis in regular police or fire force

c. 31, § 60A. Intermittent or reserve police or fire force members; effect of refusals to accept employment on permanent basis in regular police or fire force Section 60A. (a) Notwithstanding the provisions of section 60 to the contrary, this section shall apply to a city or town that has an intermittent or reserve police or fire force and that accepts this section by majority vote of the select board of a town or of the city council of a city, subject to its charter. (b) A member of an intermittent or reserve police or fire force who, after being duly certified on three occasions, refuses employment on a permanent basis in the regular police or fire force shall not be eligible for further certification for appointment to that force and, notwithstanding sections 41, 43 and 44 or any other law, shall cease to be a member of such intermittent or reserve police or fire force. But no such member shall cease to be such a member as a result of having so refused such employment on three such occasions if he shall have submitted to the appointing authority, in writing, on a form or in such manner to be prescribed by the administrator, not later than such third refusal, an irrevocable request by such member not to be so terminated from the intermittent or reserve police or fire force. No such member who is so exempted from such termination shall be counted for the purpose of determining the size of such intermittent or reserve force. The refusal of any such member to accept appointment to the regular force made while he was serving in the armed forces of the United States shall not be included among the refusals referred to in this paragraph. (c) The appointing authority shall send to the administrator a notice of termination of service of any such member that occurs pursuant to this paragraph. Such notice shall set forth the occasion of each refusal and the date of termination of service of such member. The appointing authority shall send to the administrator a copy of an irrevocable request by any member not to be terminated from the intermittent or reserve police or fire force indicating the date on which such request was received. The administrator shall deny any request of a member of an intermittent or reserve police or fire force that he not be certified in any instance for appointment to the regular force. (d) This section shall not prevent the appointment to the regular fire force of a city or town of a call firefighter under any general or special law.

M.G.L. c. 31, § 61 Municipal police officers or fire fighters; probationary periods; evaluation

c. 31, § 61. Municipal police officers or fire fighters; probationary periods; evaluation Section 61. Following his original appointment as a permanent full-time police officer or fire fighter in a city, or in a town where the civil service law and rules are applicable to such position, a person shall actually perform the duties of such position on a full-time basis for a probationary period of twelve months before he shall be considered a full-time tenured employee in such position, except as otherwise provided by civil service rule. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as regular police officers or fire fighters. Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.

M.G.L. c. 31, § 61A Police officer and firefighter health and physical fitness standards

c. 31, § 61A. Police officer and firefighter health and physical fitness standards Section 61A. The administrator, with the secretary of public safety and the commissioner of public health shall establish initial health and physical fitness standards which shall be applicable to all police officers and firefighters when they are appointed to permanent, temporary, intermittent, or reserve positions in cities and towns or other governmental units. Such standards shall be established by regulations promulgated by the administrator after consultation with representatives of police and firefighter unions, and the Massachusetts Municipal Association. Notwithstanding the provisions of this paragraph, any municipality may adopt, subject to collective bargaining, stricter health and physical fitness standards. Such initial health and physical fitness standards shall be rationally related to the duties of such positions and shall have the purpose of minimizing health and safety risks to the public, fellow workers and the police officers and firefighters themselves. No person appointed to a permanent, temporary or intermittent, or reserve police or firefighter position after November first, nineteen hundred and ninety-six shall perform the duties of such position until he shall have undergone initial medical and physical fitness examinations and shall have met such initial standards. The appointing board or officer shall provide initial medical and physical fitness examinations. If such person fails to pass an initial medical or physical fitness examination, he shall be eligible to undergo a reexamination within 16 weeks of the date of the failure of the initial examination. If he fails to pass the reexamination, his appointment shall be rescinded. No such person shall commence service or receive his regular compensation until such person passes the health examination or reexamination. The administrator, shall establish in-service health and physical fitness standards which shall be applicable to all police officers and firefighters in permanent, temporary, intermittent, and reserve positions in cities and towns. Such standards shall be established by regulations promulgated by the administrator after consultation with representatives of police and firefighters unions, and the Massachusetts Municipal Association. Notwithstanding the provisions of this paragraph, any municipality may adopt, subject to collective bargaining, stricter in-service health and physical fitness standards. Such in-service health and physical fitness standards shall be rationally related to the duties of such positions and shall have the purpose of minimizing health and safety risks to the public, fellow workers, and the police officers and firefighters themselves. Such standards shall take into account the age of the police officer or firefighter. All police officers and firefighters in such positions shall undergo in-service medical and physical fitness examinations at such time intervals as the administrator shall determine, but no less frequently than once every four years. Any police officer or firefighter appointed to such a position after November first, nineteen hundred and ninety-six shall be required to maintain his health and physical fitness at a level which meets such in-service standards. If a police officer or firefighter appointed to such a position after November first, nineteen hundred and ninety-six fails to pass such an in-service examination, he shall be eligible to undergo a reexamination within 16 weeks of the date of the in-service medical or physical fitness examination failed. If he fails the reexamination, he shall be eligible to undergo a second reexamination within 16 weeks of the date of the first reexamination. If he fails to pass the second reexamination, his appointing authority shall be notified and his employment status shall be terminated, subject only to the procedural requirements of the applicable collective bargaining agreement or section 41. The sole substantive issue for determination by an arbitrator, administrative law judge, civil service commissioner or personnel administrator pursuant to this paragraph, shall be whether conditions beyond the control of the employee mitigate sufficiently against termination and warrant a subsequent reexamination at a time determined by the arbitrator, administrative law judge, civil service commissioner, or personnel administrator within one year of the decision. Reexamination shall be the sole and exclusive remedy available to the arbitrator, administrative law judge, civil service commissioner, or personnel administrator. If the appointment of a police officer or firefighter is terminated or not renewed in accordance with this section, he may apply for superannuation, ordinary disability, or accidental disability retirement benefits as provided in chapter thirty-two. A police officer or firefighter whose appointment is terminated or not renewed because of his failure to meet in-service health or physical fitness standards shall not be presumed by virtue of such termination or nonrenewal to be disabled for pension purposes. The administrator shall establish procedures for the administration of such medical and physical fitness examinations by cities and towns. Such examinations may be administered at the police academy or at the firefighting academy in accordance with such procedures. The provisions of this section shall apply to all police officers and firefighters in cities, towns, districts, or other governmental units which have accepted the provisions of this section and section sixty-one B. The personnel administrator shall submit regulations promulgated pursuant to this section to the clerks of the house of representatives and senate, who shall refer said regulations to the appropriate standing committee of the general court. The committee shall transmit in writing to the administrator its recommendations, if any, for modifications to said regulations. Within fifteen days of receipt of any such recommendations, the administrator shall resubmit said regulations to said committee together with any modifications made thereto. If the general court takes no final action relative to said regulations within forty-five days of the date on which said regulations are first referred to said committee, said regulations shall be filed with the state secretary pursuant to the provisions of section five of chapter thirty A. No such regulations shall take effect until filed with the state secretary in accordance with the provisions of this paragraph.

M.G.L. c. 31, § 61B Wellness program for police officers and firefighters

c. 31, § 61B. Wellness program for police officers and firefighters Section 61B. Any city, town, district or other governmental unit which accepts the provisions of this section shall establish a wellness program for police officers and firefighters, if any, employed in such city, town, district or other governmental unit. Such wellness program shall be in accordance with the minimum requirements established by the department of public health pursuant to section two hundred and three of chapter one hundred and eleven. The commonwealth and any agencies or authorities thereof shall establish such programs for any police officers or firefighters employed by said commonwealth, agencies or authorities and shall be deemed to have accepted this section for the purposes of section sixty-one A. Any city, town, district, or other governmental unit, but not including the commonwealth, its agencies or authorities, which accepts the provisions of this section and provides wellness programs pursuant thereto shall be reimbursed for the lesser of (i) one-half the costs thereof or (ii) an amount equal to one hundred dollars per employee, by the commonwealth, upon certification by the secretary of public safety. Said secretary shall certify the amount of such reimbursement to be paid to such city, town, district, or other governmental unit from information filed on or before September first of each year with said secretary by the appointing authority.

M.G.L. c. 31, § 62 Punishment duty; police officers or fire fighters

c. 31, § 62. Punishment duty; police officers or fire fighters Section 62. Punishment duty shall not be imposed without just cause upon any police officer or fire fighter subject to this chapter. A police officer or fire fighter upon whom punishment duty is imposed shall, within twenty-four hours of the imposition of such punishment duty, be given a copy of this section and of sections forty-one through forty-five, together with a written notice stating the specific reason for the imposition of such punishment duty and the duration thereof and informing him that he may, within forty-eight hours of receipt of such notice, request in writing a hearing by the appointing authority. If he so requests he shall be given such a hearing within five days of receipt of such request by the appointing authority. A copy of the notice of imposition of punishment duty shall be forwarded forthwith to the administrator. Whenever such hearing is given, the appointing authority shall give such police officer or fire fighter a written notice of his finding within two days after the hearing. If, after such hearing, the appointing authority finds no just cause exists for the imposition of punishment duty, such punishment duty shall be deemed not to have been imposed; if, after such hearing, the appointing authority finds that just cause does exist for the imposition of punishment duty, such police officer or fire fighter may appeal to the commission as provided in section forty-three, and he or the appointing authority shall be entitled to judicial review of the action taken by the commission as provided in section forty-four. The provisions of section forty-three shall apply to all hearings under this section. Notice of any action taken by the appointing authority under this paragraph shall be forwarded forthwith to the administrator. Any hearing pursuant to this section shall be public if either party concerned so requests in writing. At any such hearing, the person upon whom punishment duty was imposed shall be allowed, either personally or by counsel, to answer the charges against him. In the computation of any period of time limited by this section, Saturdays, Sundays and holidays shall be excluded. Notwithstanding the provisions of this section, punishment duty shall not be imposed upon any police officer or firefighter who is employed by the commonwealth subject to the provisions of this chapter, unless such police officer or firefighter assents thereto.

M.G.L. c. 31, § 62A Punishment duty; police officers or firefighters employed by cities or towns

c. 31, § 62A. Punishment duty; police officers or firefighters employed by cities or towns Section 62A. Notwithstanding the provisions of section sixty-two punishment duty shall not be imposed upon any police officer or firefighter, who is employed by a city or town subject to the provisions of this chapter, unless such police officer or firefighter assents thereto. This section shall take effect in a city or town upon its acceptance and shall become ineffective in any city or town which rescinds its acceptance in the same manner as it was accepted.

M.G.L. c. 31, § 63 Paraplegic persons; municipal police or fire departments; appointments

c. 31, § 63. Paraplegic persons; municipal police or fire departments; appointments Section 63. An appointing authority may employ a paraplegic in a civil service position within the police or fire department of any city or town, without submitting a requisition, if, in its opinion, the duties of the position may be performed by such paraplegic. Prior to such employment, the appointing authority shall secure and maintain on file a certificate from the attending physician of such person that such person is a paraplegic. The appointing authority shall also maintain a record of the following: (1) the title and duties to be assigned to the paraplegic who is to be employed, and the title of his immediate supervisor; and (2) a certificate from a physician that the paraplegic can satisfactorily perform the duties of the position, is qualified to do the work without hazard to himself or to others and is socially competent to maintain himself in a work environment. The appointing authority may require any paraplegic proposed for appointment pursuant to this section to undergo such tests as, in its opinion, will measure the fitness of such paraplegic to perform the duties of the position. Upon the commencement of such employment, such paraplegic shall be deemed to be appointed to the position pursuant to the civil service law and rules and shall continue in such position subject to the provisions of such law and rules. For purposes of this section, a paraplegic shall mean a person (1) with paraplegia, or (2) with other disabling conditions which preclude the use of the lower limbs, or (3) without lower limbs.

M.G.L. c. 31, § 64 Massachusetts bay transportation authority police; qualifications

c. 31, § 64. Massachusetts bay transportation authority police; qualifications Section 64. No person shall be ineligible for appointment and no person shall be denied employment as a police officer in the Massachusetts bay transportation authority police force because of failure to attain a minimum height unless the administrator, in response to the written request of the appointing authority that no person under a specified height be certified for appointment to such position in said force, has established a minimum height requirement for the position. Such request shall include the findings of a validation study demonstrating the necessity for a minimum height for said position in said force, and such other evidence as the administrator may require. A person shall be ineligible to become an applicant for an examination for original appointment to the position of police officer in the Massachusetts bay transportation authority police force if he will not have reached his twenty-first birthday on or before the final date for the filing of applications for such examination, as stated in the examination notice. As a prerequisite to appointment to the position of police officer in the Massachusetts bay transportation authority police force or for appointment as a correction officer, a person shall have graduated from high school, or received a high school graduation equivalency certificate from the department of education, or served for three years or more in the armed forces of the United States, having last left such armed forces under honorable conditions. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a uniformed member of the Massachusetts bay transportation authority police force, or of the public works building police, and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco product; the personnel administrator shall promulgate regulations for the implementation of the provisions of this sentence.

M.G.L. c. 31, § 65 Massachusetts bay transportation authority police; appointments and promotions; probationary periods; evaluation

c. 31, § 65. Massachusetts bay transportation authority police; appointments and promotions; probationary periods; evaluation Section 65. Original and promotional appointments in the Massachusetts bay transportation authority police force shall be made only after competitive examination. An examination for a promotional appointment for any title in any such force shall be open only to permanent employees in the next lower title in such force, except that if the number of such employees, or the number of applicants for the examination, or the number of applicants presenting themselves for examination is less than 2, the examination shall be opened to permanent employees in the next lower titles in succession in such force until either 2 such employees have applied and presented themselves for examination or until the examination is open to all permanent employees in lower titles in such force; provided, that no such examination shall be open to any person who has not been employed as a permanent employee for at least one year in such force in the lower title or titles to which the examination is open, and provided, further, that no such examination for the first title above the lowest title in such force shall be open to any person who has not been employed as a permanent employee in such force for at least three years in such lowest title. All promotional appointments to fill positions in such forces shall be made on a full-time basis. No such promotional appointments shall be made on a permanent intermittent basis. An eligible list established as a result of any examination shall not be used for an original or promotional appointment to any position in any force pursuant to this section unless the announcement of such examination identified such position as one to be filled from such list. Notwithstanding the provisions of any law or rule to the contrary, a member of any such force who has served as such for twenty-five years and who passes an examination for promotional appointment in such force shall have preference in promotion equal to that provided to veterans under the civil service rules. Following his original appointment as a permanent full-time police officer in the Massachusetts bay transportation authority police force, a person shall actually perform the duties of such position on a full-time basis for a probationary period of twelve months before he shall be considered a full-time tenured employee in such position. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as police officers in such force. Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.

M.G.L. c. 31, § 66 Labor service positions in highways department; certification; promotions; districts

c. 31, § 66. Labor service positions in highways department; certification; promotions; districts Section 66. The administrator shall certify persons to fill positions in the labor service of the highway division in the Massachusetts Department of Transportation according to districts established by the division. Districts so established shall not be changed unless written notice of such change, including a statement of the reasons therefor, is sent to the administrator at least six months prior to the effective date of the change. All promotional examinations in the division shall be open to all eligible employees of the division as determined by the administrator, regardless of where they are employed in the division. Notwithstanding the provisions of section thirty-three, in the case of a promotion pursuant to section eight, the length of service of an employee of the division shall be computed without regard to the component or components of the division where such service was performed. All promotions in the official service of the department of unemployment assistance be made pursuant to section eight or section ten.

M.G.L. c. 31, § 67 Annual list of civil service employees; posting; enforcement; penalties

c. 31, § 67. Annual list of civil service employees; posting; enforcement; penalties Section 67. Each appointing authority shall submit to the administrator, on or before March first of each year, a list of civil service employees in its department as of January second of the same year. Such list shall be in such form as is required by the administrator, shall be made under the penalties of perjury, shall specify the series and title of the position of each such employee, the seniority of such employee as determined pursuant to section 33 and available demographic data, in aggregate form, regarding the complement of civil service employees in each department. Each such appointing authority shall sign such list and post it forthwith in all areas under its control where five or more civil service employees begin their tour of duty. Such list shall be so posted immediately after it is submitted to the administrator so that it may be inspected during a reasonable period before May first of the year it is submitted. The date of posting such list shall appear on the list which shall remain posted for one year after such date of posting. When used with respect to employees in the labor service of the highway division in the Massachusetts Department of Transportation, the word ''division'' as used in this section shall mean the districts established by such division in which such employees serve. The superior court may enforce this section and said section thirty-three upon petition by one or more taxable inhabitants of a city or town or upon suit by the commission or the attorney general. Any appointing officer who neglects or wilfully refuses to post a copy of such list shall be punished by a fine of not more than $500.

M.G.L. c. 31, § 68 Reports of appointment, promotion, demotion, leaves of absence, etc.

c. 31, § 68. Reports of appointment, promotion, demotion, leaves of absence, etc. Section 68. Each appointing authority shall report in writing forthwith to the administrator of any appointment or employment, promotion, demotion, transfer, change in duties or pay, reinstatement, change in name, discharge, suspension, lay-off, abolition of position, absence for more than a month because of illness or injury, unauthorized absence, leave of absence because of military service, leave of absence for more than a month, termination of temporary employment, resignation, retirement, pension or death of any person within the official or labor service. Such report shall contain the record of service of such person and shall be in such form and detail as may be required by the administrator.

M.G.L. c. 31, § 69 Reports of appointment or employment by appointing authority upon request; enforcement; penalties

c. 31, § 69. Reports of appointment or employment by appointing authority upon request; enforcement; penalties Section 69. Every appointing authority shall file, within seven days after the receipt of a written request from the administrator, a report containing the names of all persons who have been appointed or employed by such authority, and have received pay or rendered bills for services or labor performed during the calendar month immediately preceding the date of submission of such request. Such report shall be filed with the administrator and with the state auditor, in the case of the state, and with the auditor or officer responsible for auditing the accounts of such appointing authority, in the case of a city or town. Such report shall be in a form prescribed by the administrator, shall be made under penalties of perjury and shall contain the following information: (1) the full name of the person appointed or employed or who rendered a bill for services or labor; (2) a brief description of the nature of the position of such person and of the services or labor which such person has actually performed during such month; (3) for a state position, the title of the position of such person as stated in the payrolls of the appointing authority and for a position in a city or town, either the title of the position authorized by the department, or the title authorized by the appointing authority; (4) the regular salary or wage of the position; (5) the date of employment; and (6) all payments of any kind made to the appointee during said month. Such appointing authority shall not be required to file more than one such report in any month. The report shall be filed with the state auditor, and with the administrator and shall be open to public inspection. The supreme judicial court, by mandamus or other appropriate remedy in law or equity, may compel any such appointing authority to comply with this section upon suit or petition of the administrator. Any appointing authority who willfully refuses to comply with this section shall be punished by a fine of not less than one hundred dollars.

M.G.L. c. 31, § 70 Records; examination papers; inspection; destruction

c. 31, § 70. Records; examination papers; inspection; destruction Section 70. The commission and the administrator shall maintain on file a record of their proceedings. Such records shall be open to public inspection pursuant to the rules of the commission. An appointing authority may inspect applications and references in connection with a certification of names; such applications and references shall be preserved for a period of two years and may then be destroyed. The question and answer sheets of examination papers, other than essay questions and answers, shall not be open for inspection and may be destroyed as determined by the administrator. The papers used by an applicant in an examination may be destroyed as determined by the administrator, except that they shall be preserved while a request for a review of a marking or finding in relation to such examination or an appeal from the decision of the administrator after such review is acceptable or pending pursuant to sections twenty-two, twenty-three and twenty-four. Subject to the provisions of this paragraph, an applicant's examination papers may be inspected only by such applicant or his designated representative upon presentation of a written authorization from the applicant. Such inspection may take place only while a request by such applicant for a review of a marking or finding in relation to such examination or an appeal from the decision of the administrator after such review is acceptable or pending pursuant to sections twenty-two, twenty-three and twenty-four. No inspection of any examination papers may be made in connection with a request for a review of whether the examination was a fair test of the applicant's fitness to actually perform the primary or dominant duties of the position for which the examination was held, made under section twenty-two, or of examination papers to which sections twenty-two and twenty-three do not apply. No question shall be copied except one on which the applicant received less than full credit in the marking of the examination. In such case, both the question and answer may be copied.

M.G.L. c. 31, § 71 Rosters of positions; filing; use; penalties

c. 31, § 71. Rosters of positions; filing; use; penalties Section 71. The administrator shall prepare and maintain in his office rosters of all civil service positions in the service of the commonwealth and in the cities and towns, and of all persons who are legally employed, whether on a temporary or a permanent basis, in such positions. Each appointing authority shall be given a copy of such roster for its departmental unit. The administrator shall file a copy of each such roster with the comptroller for positions in the service of the commonwealth, and shall file copies of such rosters for positions in each city and town with the treasurer or other officer responsible for paying the salary or compensation of persons in the service of such city or town and with the auditor or other officer of such city or town who is responsible for authorizing the drawing, signing or issuing of warrants for such payments. Whenever a person is employed in or appointed to a civil service position, the administrator shall note on the proper roster or append to such roster a record of such appointment or employment and shall give notice of such appointment or employment to each officer with whom a copy of such roster is required to be filed by this section. Such officer shall make a corresponding note of such appointment or employment on the proper roster or append such a note to such roster. Each appointing authority, in addition to reporting to the administrator pursuant to section sixty-eight, shall give notice to each officer with whom a copy of a roster is required to be filed by this section of each change in status of an employee in a civil service position where such change occurs because of a suspension, discharge, resignation, or any other separation from the official or labor service. Such officer shall make a note of such change of status on the proper roster or shall append such a note to such roster. The state treasurer, city or town treasurer, or other disbursing officer of the commonwealth or of a city or town with civil service positions shall not pay any salary or compensation for service rendered in any civil service position whether such payment is made by payroll or bill, or in any other manner, to any person whose name does not appear on the appropriate roster, as amended from time to time, as the person in such position. The comptroller for the commonwealth, and the auditor or other accounting officer of each such city or town, shall not authorize the drawing, signing or issuing of a warrant for such payment until the legality of the employment or appointment of such person is duly established. The state treasurer or other disbursing officer may accept, as evidence of such legality, the certification of the comptroller that the name of such person appears on the appropriate roster where such person is employed in a civil service position in the service of the commonwealth. Any officer who wilfully violates any provision of this section shall be punished by a fine of not less than twenty-five nor more than one hundred dollars.

M.G.L. c. 31, § 72 Investigations; subpoenas; summoning witnesses, etc.

c. 31, § 72. Investigations; subpoenas; summoning witnesses, etc. Section 72. The commission or the administrator may investigate all or part of the official and labor services, the work, duties and compensation of the persons employed in such services, the number of persons employed in such services and the titles, ratings and methods of promotion in such services. The commission or the administrator may report the results of any such investigation to the governor or the general court. The commission or administrator, upon the request of an appointing authority, shall inquire into the efficiency and conduct of any employee in a civil service position who was appointed by such appointing authority. The commission or the administrator may also conduct such an inquiry at any time without such request by an appointing authority. After conducting an inquiry pursuant to this paragraph, the commission or administrator may recommend to or order the appointing authority that such employee be removed or may make other appropriate recommendations or orders. The commission or the administrator or any authorized representatives of either, may summon witnesses, demand to inspect documents, administer oaths and take testimony for any hearing, investigation or inquiry conducted pursuant to the civil service law and rules. Fees for such witnesses shall be the same as for witnesses before the courts in civil actions and shall be paid from the appropriation for incidental expenses. A subpoena may be issued at the request of a complainant, respondent, or any other party to any proceeding before the commission under such rules as the commission shall establish. In the case of a subpoena issued by such request, the cost of service and of the fees of the witnesses shall be borne by the party who made the request and such fees shall also be the same as for witnesses before the superior court in civil actions.

M.G.L. c. 31, § 73 Violations; notice; writs of mandamus

c. 31, § 73. Violations; notice; writs of mandamus Section 73. If, in the opinion of the commission or the administrator, a person is appointed or employed in a civil service position in violation of the civil service law and rules, the commission or the administrator shall mail a written notice of such violation to such person and to the appointing authority. The commission or the administrator shall then file a written notice of such violation with the treasurer, auditor or other officer whose duty it is to pay the salary or compensation of such person or to authorize the drawing, signing or issuing of any warrant for such payment. The payment of any salary or compensation to such person shall cease at the expiration of one week after the filing of such written notice with such treasurer, auditor or other officer. No such treasurer, auditor or other officer shall pay any salary or compensation to such person, or draw, sign or issue, or authorize the drawing, signing or issuing of any warrant for such payment, until the legality of the appointment or employment is duly established. Any person found by the administrator to be illegally appointed or employed may file a petition for a writ of mandamus in the supreme judicial court to compel the administrator to authorize such appointment or employment and the payment of compensation or salary. At any time after the filing of such petition, the court may order that the compensation accruing to such person for services actually rendered shall be paid to him until further order of the court, if the court is of the opinion that there is a reasonable doubt whether the appointment or employment of such person is in violation of the civil service law and rules.

M.G.L. c. 31, § 74 Prohibited activities; penalties

c. 31, § 74. Prohibited activities; penalties Section 74. No person shall wilfully or corruptly alter any examination paper of any applicant, or wilfully or corruptly substitute any other paper for such examination paper, for the purpose of either improving or injuring the prospects or chances for appointment, employment or promotion of such applicant or of any other person. Any person who violates or conspires to violate any provision of this paragraph shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both. No person, by himself or in cooperation with one or more persons, shall wilfully or corruptly defeat, deceive or obstruct any person with respect to his right, pursuant to the civil service law and rules, of examination, registration, certification, appointment, promotion or reinstatement; or wilfully or corruptly make a false mark, grade, estimate or report on the examination or proper standing of any person examined pursuant to the civil service law and rules; or wilfully or corruptly make any false representation concerning the same or concerning the person examined; or wilfully or corruptly furnish to anyone special or secret information for the purpose of either improving or injuring the prospects or chances of appointment, employment or promotion of any person examined, registered or certified or to be examined, registered or certified. No person shall impersonate any other person or permit or aid in any manner any other person to impersonate him in connection with any examination, registration or application or request to be examined or registered or in connection with any certification, appointment or promotion. No person making an appointment to any civil service position shall receive or consider a recommendation of an applicant for such appointment given by any member of the general court, board of alders or city council, except as to the character or residence of the applicant. Any person who has been elected to public office by popular vote or by the board of alders or city council of a city or the select board of a town shall not be eligible to be designated as a representative of civil service. Any person who wilfully or negligently violates or conspires to violate any of the provisions of the civil service law and rules, or who knowingly makes an appointment or employs any person in violation of such law and rules, or who refuses or neglects to comply with any provision of such civil service law and rules, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both, unless a different penalty is specifically provided in this chapter.

M.G.L. c. 31, § 75 Rights of municipal employees

c. 31, § 75. Rights of municipal employees Section 75. No person shall deny or interfere with the right of civil service employees employed by any city or town to petition, individually or collectively, the city or town government or any member thereof, to furnish information to the mayor, city or town manager, city council, board of alders or select board or appear before any committee of such council or boards, or deny or interfere with the right of any civil service employees to petition, individually or collectively, the general court or any member thereof, to furnish information to either branch of the general court or appear before any of its committees or to furnish information to, or cooperate with, law enforcement authorities. This section shall not be construed to authorize an employee who is not on leave to be absent from employment without permission during regular working hours. [ Paragraph added by 2025, 16, Sec. 4 effective November 5, 2025. For text effective until November 5, 2025, see above.] Nothing in this section shall be construed to permit civil service employees to furnish information to, or cooperate with, law enforcement authorities in contravention of section 11I1/2 of chapter 12 or section 63 of chapter 147.

M.G.L. c. 31, § 76 Positions subject to federal merit system standards; minimum qualifications

c. 31, § 76. Positions subject to federal merit system standards; minimum qualifications Section 76. Notwithstanding any provision of law to the contrary no individual, other than in an emergency as heretofore set forth in this section, shall be appointed, transferred, excepting a transfer to a position with substantially identical authority, duties and responsibility, or promoted to any office or position which is subject to the federal standards for a merit system of personnel administration unless the administrator has certified such individual meets the minimum qualifications conformable with applicable federal requirements, which minimum qualifications he is hereby authorized and directed to establish for each such office or position.

M.G.L. c. 31, § 77 Enforcement of laws and rules

c. 31, § 77. Enforcement of laws and rules Section 77. The commission or the administrator may take any necessary and appropriate action to enforce the civil service law and rules.

M.G.L. c. 31, § 78 Recruitment, hiring and retention of municipal police officers and firefighters commission

c. 31, § 78. Recruitment, hiring and retention of municipal police officers and firefighters commission Section 78. (a) There shall be a permanent commission on recruitment, hiring and retention of municipal police officers and firefighters in the commonwealth to consist of 1 member appointed by the speaker of the house of representatives, who shall serve as co-chair, 1 member appointed by the president of the senate, who shall serve as co-chair and 1 member appointed by the governor, who shall serve as co-chair; and consisting of the following members or their designees: the chairs of the joint committee on public service and the chairs of the joint committee on public safety and homeland security, who may serve as vice chairs; the secretary of administration and finance; the chief human resources officer for the commonwealth; the chair of the civil service commission; the attorney general; the secretary of public safety and security; the chair of the Massachusetts peace officer standards and training commission; the executive director of the municipal police training committee; the president of the Massachusetts Chiefs of Police Association, Inc.; the president of the Massachusetts major city chiefs of police; the chair of the Massachusetts Law Enforcement Policy Group, Inc.; a representative of police officers selected by the co-chairs from candidates recommended from a major federation of police officer unions in the commonwealth; a member of a correctional officers' union; the president of Massachusetts Association of Minority Law Enforcement Officers, Inc.; the president of Massachusetts Association of Women in Law Enforcement, Inc.; the chair of the Massachusetts fire training council; the state fire marshal; the president of Fire Chiefs' Association of Massachusetts, Inc.; the president of the Professional Fire Fighters Association of Massachusetts; the secretary of veterans affairs; the president of the Massachusetts veteran service agents; the commander of the disabled veterans of Massachusetts; the executive director of Massachusetts Municipal Association, Inc.; the president of the Massachusetts Mayors Association, Inc.; the chair of the Massachusetts Municipal Human Resources Association; the executive director of the American Civil Liberties Union of Massachusetts, Inc.; the president of the Boston chapter of the New England area conference of the National Association for Advancement of Colored People; and the chair of the Massachusetts commission against discrimination. (b) The co-chairs may appoint a steering committee and subcommittees to carry out the mandate of the commission. Members of the commission shall be subject to chapter 268A as it applies to special state employees and shall receive no compensation for their services. (c) The commission shall be a resource to the commonwealth and municipalities on issues related to the recruitment, hiring and retention of highly qualified candidates of diverse backgrounds for municipal police officer and firefighter positions. In support of this objective, the commission may: (i) obtain, interpret and apply current research and evaluation data, including information reported pursuant to section 67, to program initiatives and policy development and identify and advocate for solutions to address gaps in strategies for employment of highly qualified and diverse municipal public safety personnel; and (ii) recommend measures to increase, where appropriate, representation within municipal public safety departments of historically under-represented populations, including, but not limited to, females and persons of color, and monitor the compliance by municipal public safety departments with any commitments they may have entered into to diversify their workforces. (d) The commission may examine and evaluate the implementation of all reforms related to the recruitment, hiring and retention of municipal police officers and firefighters in the commonwealth made by the special legislative commission to study and examine the civil service law, personnel administration rules, hiring procedures and by-laws for municipalities not subject to the civil service law and state police hiring practices, established in section 107 of chapter 253 of the acts of 2020, by: (i) studying, reviewing and reporting on the hiring outcomes of: (A) any civil service appointments facilitated by sections 59A to 59C, inclusive; (B) reforms made to civil service residency preference provisions of section 58; and (C) any other civil service reforms implemented, including, but not limited to, the increased frequency of civil service examinations and the lowering of examination fees; and (ii) making recommendations: (A) to ensure that adopted reforms are being implemented consistent with the intent of the special legislative commission; and (B) for further legislation in furtherance of the commission's mandate. (e) The commission may examine and evaluate all aspects of the recruitment, hiring and retention of municipal police officers and firefighters in all municipalities in the commonwealth and make pertinent recommendations to agencies and officers of the commonwealth and local subdivisions of government not governed by this chapter that advance basic merit principles in the recruitment, hiring and retention of highly qualified police officers and firefighters of diverse backgrounds across the commonwealth. (f) The commission may obtain from all state agencies and municipalities such information and assistance as the commission may require. (g) Not later than July 1 of each year, the commission shall submit an annual report on its activities and findings, including any recommendations, to the governor, the clerks of the house of representatives and the senate, the joint committee on public service and the joint committee on public safety and homeland security.

M.G.L. c. 31, § 79 Environmental police officer, probationary period

c. 31, § 79. Environmental police officer, probationary period [ Text of section added by 2025, 73, Sec. 20 effective November 25, 2025.] Section 79. Following their original appointment and oath as a permanent full-time environmental police officer in the police force of the office of law enforcement established by section 10A of chapter 21A, a person shall perform the duties of such position on a full-time basis for a probationary period of 12 months before they shall be considered a full-time tenured employee in such position. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as police officers in such force. Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIV/Chapter31Fetched: 10/20/2026