Mass. Gen. Laws ch. 31A, sec. 9 — MA Code / Part I / Title IV / Chapter 31A / Section 9
Personnel administration department; performance and special audits; reports; appeal; compliance
Status: in_force

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

Section 9. The human resources division within the executive office for administration and finance shall conduct semi-annual performance audits of the merit systems of each municipality exercising the local option under this chapter during the first year, and annually thereafter.

Special audits may also be requested by a three-fifths vote of the local legislative body or by thirty per cent of the total number of employees subject to the local merit system. No such special audit shall be undertaken until the department has conducted a preliminary informal hearing with the parties concerned, and the administrator has determined, based upon the evidence there is substantial noncompliance with the municipal personnel ordinance or by-law.

The results of any audit, whether regular or special, shall be reported to the local appointing authority specifying any deficiencies that may have been found and the suggested corrective action. A copy of the report by the administrator shall be available for public inspection in the offices of the local appointing authority and the human resources division within the executive office for administration and finance.

Any municipality audited pursuant to this section shall have the right to appeal the results of such audit to the civil service commission, which may uphold, alter, or disqualify the results of said report, subject to judicial review.

If a municipality fails to correct any deficiencies specified in an audit report, the personnel administrator may take such action as may be necessary to insure compliance, including but not limited to, voiding past personnel actions, seeking a court order to insure compliance, or assuming temporary or permanent supervision of the local merit system with the municipality bearing the full cost of such supervision.