Mass. Gen. Laws ch. 27, sec. 2 — MA Code / Part I / Title II / Chapter 27 / Section 2
Deputy commissioners; salary; qualifications; employees
Status: in_force

Section 2. The commissioner shall, with the approval of the secretary of public safety, appoint and may, with like approval, remove a deputy commissioner for institutional services, a deputy commissioner for personnel and training, and a deputy commissioner for community services. The position of deputy commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office. All such deputy commissioners shall possess qualifications of character and ability similar to that required of the commissioner, and shall have had training and experience in work generally similar to those required of the commissioner or otherwise suitably preparing them for the work of their respective offices. They shall not be subject to the provisions of section nine A and nine B of chapter thirty, or chapter thirty-one. The commissioner may designate any deputy commissioner to discharge the duties of the commissioner during his absence or disability. Subject to appropriation and to all applicable requirements of chapter thirty or thirty-one, the commissioner shall appoint and may remove such other officers and such employees as the work of the department shall require, provided, that said commissioner may require that a physician who is to be so appointed be certified as to his qualifications by one of the physicians' specialty boards approved by the Council on Medical Education and Hospitals of the American Medical Association; and from time to time he may, subject to appropriations, employ such consultants as he deems necessary. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as an employee of the department in a position or office the regular or incidental duties of which require the care, supervision, or custody of prisoners, criminally insane persons or defective delinquents 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.

Section 2. The commissioner shall, with the approval of the secretary of public safety, appoint and may, with like approval, remove a deputy commissioner for institutional services, a deputy commissioner for personnel and training, and a deputy commissioner for community services. The position of deputy commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and he shall devote his full time during business hours to the duties of his office. All such deputy commissioners shall possess qualifications of character and ability similar to that required of the commissioner, and shall have had training and experience in work generally similar to those required of the commissioner or otherwise suitably preparing them for the work of their respective offices. They shall not be subject to the provisions of section nine A and nine B of chapter thirty, or chapter thirty-one. The commissioner may designate any deputy commissioner to discharge the duties of the commissioner during his absence or disability.

Subject to appropriation and to all applicable requirements of chapter thirty or thirty-one, the commissioner shall appoint and may remove such other officers and such employees as the work of the department shall require, provided, that said commissioner may require that a physician who is to be so appointed be certified as to his qualifications by one of the physicians' specialty boards approved by the Council on Medical Education and Hospitals of the American Medical Association; and from time to time he may, subject to appropriations, employ such consultants as he deems necessary. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as an employee of the department in a position or office the regular or incidental duties of which require the care, supervision, or custody of prisoners, criminally insane persons or defective delinquents 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.