reglab/housing_qa huggingface dataset:
MA Gen L ch 31 § 39 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 39a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 40 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 41a (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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 chairman 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.
MA Gen L ch 31 § 44 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 45 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 45 - Reimbursement for Defense Expenses

Section 45. A tenured employee who has incurred expense in defending himself against an unwarranted discharge, removal, suspension, laying off, transfer, lowering in rank or compensation, or abolition of his position and who has engaged an attorney for such defense shall be reimbursed for such expense, but not to exceed two hundred dollars for attorney fees for each of the following: (1) a hearing by the appointing authority; (2) a hearing pursuant to section forty-two or forty-three; (3) a judicial review pursuant to section forty-four; and not to exceed one hundred dollars for each of the following: (1) summons of witnesses; (2) cost of stenographic transcript; (3) any other necessary expense incurred in such defense.  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.
MA Gen L ch 31 § 46 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 47 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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 the Massachusetts rehabilitation commission 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 the Massachusetts rehabilitation commission 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 the Massachusetts rehabilitation commission 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 the Massachusetts rehabilitation commission.  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 mentally retarded person 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.
MA Gen L ch 31 § 49 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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 soldiers' home in Massachusetts; 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.
MA Gen L ch 31 § 50 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 51 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.
MA Gen L ch 31 § 52 (2021)
2021 Massachusetts General Laws|Part I - Administration of the Government|Title IV - Civil Service, Retirements and Pensions|Chapter 31 - Civil Service|Section 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.