reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29 - State Finance › Section 64d - Deferred Compensation Program, Annuity or Other Defined Contribution Plan; Required Participation

Section 64D. Any governmental body, as defined in section 64B, may require any person, who is receiving compensation from the governmental body for services performed and who is not a member of a retirement system as provided under chapter 32 or any other retirement system which meets the requirements of Section 3121(b)(7)(F) of the Internal Revenue Code and the regulations promulgated thereunder, to participate in the deferred compensation program established with regard to the governmental body, or tax sheltered annuity or any other defined contribution plan. The treasurer, or if there is no treasurer, the chief financial officer by whatever name that person is called, on behalf of a governmental body which has accepted this section shall contract with any person, who is receiving compensation from the governmental body for services performed for the governmental body and who is not eligible for membership in the retirement system in said chapter 32 that pertains to the governmental body, to withhold from that person's compensation at least such amounts as are necessary to provide the minimum level of benefits required to qualify said deferred compensation program, tax sheltered annuity or other defined contribution plan as a retirement system for said person as defined under said Section 3121(b)(7)(F) of said Code and the regulations promulgated thereunder but no greater than permitted under other provisions of the Internal Revenue Code.
All contracts formed with part-time, seasonal or temporary employees under the first paragraph shall entitle the employee to a single-sum distribution of the employee's deferral plus reasonable interest.
A governmental body may accept this section by a majority vote of the selectmen for a town, the city council for a city, the county council for a county, the district members in a district, the members of the authority in an authority, and the governing body, by whatever name and in whatever form composed, in any other political subdivision, body politic and corporate, or public instrumentality created by the commonwealth.
Any governmental body already requiring, on the effective date of this section, participation in a public retirement system for persons who are receiving compensation from the governmental body for services performed and who are not members of a retirement system as provided under said chapter 32 shall be deemed to have accepted this section without the requirement of a majority vote of the selectmen for a town, the city council for a city, the county council for a county, the district members in a district, the members of the authority in an authority, and the governing body, by whatever name and in whatever form composed, in any other political subdivision, body politic and corporate, or public instrumentality created by the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29 - State Finance › Section 65 - Delegation of Certain Powers and Duties by Secretaries of Executive Offices Established Under Chapters Six a and Seven; Review by Secretary of Administration and Finance

Section 65. The secretary having charge of any of the executive offices established by chapters 6A and 7 may by rule or regulation not inconsistent with the law delegate to 1 officer within the office of the secretary, in whole or in part, the authority to exercise in the secretary's name any power, or to discharge in the secretary's name any duty conferred upon such secretary by sections 27A, 27B, 29, and 29A; sections 24C, 25B, 36 and paragraph (5A) of section 46 of chapter 30; and section 15, section 15F, section 16A and section 16B of chapter 31.
The secretary of administration and finance shall from time to time make a random examination of approvals granted and actions taken by such secretary or the secretary's designee identified in the preceding paragraph, under the aforementioned sections, in order to determine the extent of compliance with such sections and the rules or regulations established thereunder. Following any such examination, the secretary of administration and finance may, after consultation with the secretary, by order transfer from such officer to the secretary of administration and finance, for such period of time as said secretary deems appropriate, the authority to give such approvals or to take such actions. Upon making such order, the secretary of administration and finance shall forthwith file a copy of said order with the budget director, the comptroller, and the house and senate committees on ways and means, specifying the scope of the authority so transferred and the duration of said transfer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29 - State Finance › Section 66 - Violation of State Finance Laws; Penalties

Section 66. Any officer or employee who knowingly violates, authorizes or directs another officer or employee to violate this chapter, or any rule or regulation promulgated under this chapter, or any other law relating to the incurring of liability or expenditure of public funds, shall be punished by a fine of not more than $1,000 or by imprisonment in a jail or house of correction for not more than 1 year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29 - State Finance › Section 71 - Treasurer's Obligation Regarding Local Aid Intercepts

Section 71. This chapter shall not be construed to affect the obligation of the state treasurer to withhold from the receipts, distributions, reimbursements or other assistance payable to any city, town or other local governmental unit under any reimbursement, grant, assistance or other local aid program any amount determined under section 10 of chapter 44 A or any amount certified to the state treasurer as owing to a public instrumentality of the commonwealth under paragraph (b) of section 10 of chapter 372 of the acts of 1984 or paragraph (d) of section 10 or section 11 of chapter 29C, or any similar provision relative to local aid intercepts.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 1 - Costs of Judicial Branch to Be Paid by Commonwealth

Section 1. All costs of maintenance and operation of the judicial branch shall be paid by the commonwealth. The operation of a registry of deeds and office of an assistant recorder of the land court in connection therewith shall not constitute a court operation. As used in this chapter and notwithstanding any other law to the contrary, ''costs of maintenance and operation of the judicial branch'' shall include all costs and expenses related to the operation of the supreme judicial court, the appeals court, the trial court and its departments and divisions, district attorneys' offices, law libraries, registries of probate, clerks' offices and expenses incurred for assignment by the court of counsel as the court determines, and without limiting the generality of the foregoing shall also include all salaries of probation and court officers and other persons employed in such courts, offices and places, but in no event shall costs include any costs or expenses related to registries of deeds, sheriffs' offices, county jails or county houses of correction, except as otherwise provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 2 - County Supplies and Equipment Declared Property of Commonwealth

Section 2. All books, papers, equipment, furnishings, uniforms, supplies, records and documents purchased by the counties and in the custody of or maintained primarily for the use of the judicial branch are hereby declared to be the property of the commonwealth, and shall be under the control of the judicial branch thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 3 - Fees, Fines, etc., Paid Into General Fund; Exceptions

Section 3. All fees, fines, forfeitures, penalties and any other receipts or income of any kind paid to or received by any of the courts, clerks, registers, recorders or other officers or employees of the judicial branch shall be paid into the general fund of the commonwealth except as otherwise specifically provided by law. The provisions of this section shall not include a registry of deeds and office of an assistant recorder of the land court in connection therewith.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 3a - Electronic Access to Docket, Calendar and Other Court Information; Fee-Based System

Section 3A. Notwithstanding any provision to the contrary in section three or any other general or special law, the trial court and the appeals court are hereby authorized to establish a fee-based system and a schedule of fees for electronic access and retrieval of information by attorneys and other members of the public from their automated data bases relating to docket entries, calendaring and other information contained therein. The chief justice of the trial court and the chief justice of the appeals court, or persons duly authorized by them, shall determine which types of information shall be available by remote access and shall otherwise establish by administrative order conditions, methods and means by which such information is to be made available by electronic access. The trial court and the appeals court shall provide such remote access without charge to prosecutors and government agencies. The trial court and the appeals court shall file an annual report with the executive office of administration and finance and the house and senate committees on ways and means on the amount of revenue generated by said fee-based system and said schedule of fees. All revenue generated by said fee-based system and said schedule of fees shall be credited to the General Fund.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 5 - Acquisition of Buildings Occupied by Judicial Branch

Section 5. If all or substantially all of any building owned by a county, city or town is occupied by the judicial branch, then the chief justice of the supreme judicial court, upon the recommendation of the court administrator of the trial court, if applicable, may recommend to the general court that such building be acquired by the commonwealth. Any such recommendation shall be accompanied by an estimate of the fair market value of the property, and an estimate of the cost of maintenance, repair and necessary operating expenses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29a - Financing of the Judicial System › Section 6 - Court Facilities Council

Section 6. There is hereby established a court facilities council. The membership of the council shall consist of the following persons: the court administrator for the trial court or his designee, who shall serve as chairman of the council; the administrative justices of the superior, district, juvenile court, Boston municipal court and probate departments of the trial court or their designees; appointed by the court administrator, or the designee of such appointed justice; two sitting justices of the trial court, appointed by the court administrator; a justice of the supreme judicial court or the appeals court, appointed by the chief justice of the supreme judicial court, or the designee of such appointed justice; the librarian of the social law library, or his designee; five representative county commissioners of counties which retain ownership of court facilities occupied by the judicial branch of the commonwealth and a designee of Local 254 Service Employees International Union, Massachusetts State Labor Council, AFL–CIO, appointed by the governor. All appointed members of said council shall serve three-year terms; provided, however, that of the first such county commissioners appointed to said council, two shall be appointed to serve one-year terms, two shall be appointed to serve two-year terms, and one shall be appointed to serve a three-year term; provided, further, that if any such appointed member shall cease to qualify for membership, the appointing authority shall appoint a successor to serve the remainder of the term of such disqualified member.
The council shall meet periodically and shall advise the commissioner of capital asset management and maintenance and the court administrator of the trial court regarding the exercise of their powers and duties with respect to court facilities. The council shall study and periodically review the possibility of consolidating or sharing facilities across jurisdictional lines in order to avoid duplication and increase efficiency. The council shall monitor compliance by the counties, cities and towns with accounting and expenditure requirements and lease conditions established pursuant to section four, and shall report any noncompliance so significant as to jeopardize the safe or effective use by the judicial branch of a rented court facility to the house and senate committees on ways and means and to the joint committee on the judiciary, with a recommendation that the commonwealth assume control of such court facility; provided, however, that the court administrator shall adopt criteria, with the advice of the council but without compliance with chapter thirty, specifying the type or degree of noncompliance necessary to justify such a recommendation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 2 - Massachusetts Clean Water Trust; Board of Trustees; Members; Officers

Section 2. (a) An unpaid board of trustees consisting of the state treasurer, ex officio, the secretary of the executive office for administration and finance, ex officio, and the commissioner of the department of environmental protection, ex officio, is hereby constituted as a public instrumentality of the commonwealth to be known as the Massachusetts Clean Water Trust to administer the Water Pollution Abatement Revolving Fund established pursuant to section two L of chapter twenty-nine. The trust is hereby designated as the instrumentality of the commonwealth to establish and administer within the fund the state revolving fund pursuant to Title VI of the Clean Water Act. The exercise by the trust, and by the board of trustees thereof, of the powers conferred by this chapter shall be deemed to be the performance of an essential public function.
(b) The state treasurer shall serve as chairman of the board of trustees of the trust. The board shall annually elect one of its members as vice-chairman. Each member of the board may appoint a designee pursuant to section six A of chapter thirty. Two members of the board of trustees shall constitute a quorum and the affirmative vote of two trustees shall be necessary and shall suffice for any action taken by the board. Any action of the board may take effect immediately and need not be published or posted unless otherwise provided by law. No vacancy in the membership of the board shall impair the right of a quorum to exercise the powers of the board. Meetings of the board of trustees shall be subject to section eleven A1/2 of chapter thirty A; provided, however, that the provisions of said section eleven A1/2 shall not apply to any meeting of trustees in the exercise of their duties as officers of the commonwealth so long as no matters relating to the official business of the trust are discussed and decided at such meeting. The trust shall be subject to all other provisions of said chapter thirty A; provided, however, that the provisions of said chapter thirty A shall not apply to rules, regulations, procedures and guidelines adopted by the board pursuant to section seven, and records pertaining to the administration of the trust shall be subject to the provisions of section forty-two of chapter thirty and section ten of chapter sixty-six. The fund and all other monies of the trust shall be deemed to be public funds for purposes of chapter twelve A. The operations of the trust shall also be subject to the provisions of chapter two hundred and sixty-eight A and chapter two hundred and sixty-eight B to the same extent as the office of the state treasurer.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 5 - Disbursement of Monies by Board of Trustees; Purposes

Section 5. Subject to limitations in other law respecting the use of particular monies in the fund and the provisions of any trust agreement for bonds of the trust, the board may apply and disburse monies and revenues of the fund or any segregated account therein:
(i) to make, and enter into binding commitments to make, loans and other forms of financial assistance authorized by Title VI of the Clean Water Act approved by the department under section 27A of chapter 21 to local governmental units for the purpose of financing or refinancing costs of water pollution abatement projects and to provide for all or any part of the debt service costs on loans and other forms of financial assistance made by the trust during the implementation of such projects and for such period thereafter as the board shall determine.
(ii) to provide reserves for or otherwise secure bonds of the trust and to provide insurance and letters or lines of credit or other credit enhancement which it deems reasonable and appropriate for bonds;
(iii) to transfer to the Water Pollution Abatement and Drinking Water Projects Administration Fund amounts derived from proceeds of each federal capitalization grant award received by the trust to the extent determined by the board and subject to the approval of the executive office for administration and finance.
(iv) to provide payment from any available source for reasonable and necessary professional and financial services incident to the conduct of the programs of the trust, including costs of issuance of its bonds.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 7 - Clean Water Act; Powers and Duties of Board

Section 7. The board is authorized and directed to take all necessary or incidental actions to secure for the commonwealth the benefits of Title VI of the Clean Water Act, including exercise of the powers:
(i) to cooperate with appropriate federal agencies in all matters related to the administration of the state revolving loan fund as contemplated by Title VI of the Clean Water Act;
(ii) to prepare in cooperation with the department and submit to the appropriate federal agencies applications for capitalization grants under Title VI of the Clean Water Act and to enter into capitalization grant agreements, operating agreements and other agreements with the United States and the department relating to the purposes of the fund;
(iii) to cooperate with the department in preparing and submitting to the appropriate federal agencies intended use plans identifying the use of capitalization grant awards and other monies in the fund;
(iv) to prepare in cooperation with the department and submit to the appropriate federal agencies, the governor, the department and the clerks of the senate and the house, annual and other reports and audits, in form and content satisfying legal requirements under Title VI of the Clean Water Act, of activities of the board pertaining to the fund;
(v) to establish and collect such fees, charges and interest rates as the board shall determine to be reasonable and to hold, apply and disburse such monies within or without the fund to the implementation of the purposes of this chapter;
(vi) to establish, jointly with the state treasurer, fiscal controls and accounting procedures for the fund and the trust; and
(vii) to adopt after consultation with the department regulations, procedures and guidelines for administration of its loan programs and for maintenance of suitable accounting procedures by local government units for loan proceeds and projects. Such regulations, procedures and guidelines shall be consistent with requirements of Title VI of the Clean Water Act and all applicable rules, regulations, procedures and guidelines of the department, and may determine, without limitation, the form and content of loan applications, loan agreements and local government obligations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 14 - Limited Obligations Payable From Local System Revenues

Section 14. Notwithstanding any general or special law to the contrary, when authorized by a two-thirds vote as defined in section one of chapter forty-four or by such other vote as is authorized by the applicable bond act, local governmental obligations may be issued as limited obligations payable solely from local system revenues pledged to their payment in accordance with section fifteen. Unless otherwise provided in the applicable loan agreement, local governmental obligations issued in accordance with this section shall not be general obligations of the local governmental unit or a pledge of its full faith and credit and, notwithstanding any general or special law to the contrary, the amount of principal and premium, if any, of and interest on such obligations shall not be included in the computation of any limit on the indebtedness of the local governmental unit or on the total taxes assessable by the local governmental unit in any year or on any assessment, levy or other charge made by the local governmental unit on any other political subdivision or instrumentality of the commonwealth. Any local governmental obligation issued in accordance with this section shall recite on its face that it is a limited obligation payable solely from local system revenues pledged to its payment.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 16 - Termination of Trust

Section 16. The trust and its existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the trust shall have bonds outstanding unless adequate provision has been made for the payment or satisfaction thereof. Upon termination of the trust, the title to the fund and all other properties of the trust which remain after provision for the payment or satisfaction of all bonds of the trust shall vest in the commonwealth. The obligations, debts and liabilities of the trust shall be assumed by and imposed upon the commonwealth, and shall be transferred to the state treasurer or to such other successor as the general court may designate.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 29c - Massachusetts Clean Water Trust › Section 17 - Annual Reports

Section 17. The board, in cooperation with the state treasurer, shall, at all times keep full and accurate accounts of all receipts, expenditures and disbursements from the fund and all assets and liabilities of the trust which shall be open to inspection by any officer or duly appointed agent of the commonwealth. The trust shall submit an annual report, in writing, to the governor, the department and the clerk of the house of representatives who shall forward the same to the president of the senate, the speaker of the house of representatives, the chairman of the senate committee on ways and means and the chairman of the house committee on ways and means. Said report shall include financial statements relating to the operations, properties, and expenditures of the trust maintained in accordance with generally accepted accounting principles so far as applicable and audited by an independent certified public accountant firm.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 1 - ''departments'' Defined

Section 1. The word ''departments'' as used in this chapter, shall, unless the context otherwise requires, mean all the departments of the commonwealth, except the department of banking and insurance, but including the divisions of banks and loan agencies, of insurance, and also including the several boards serving in the division of registration, the board of registration in medicine and each of the executive offices created by chapters six A and seven.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 2 - Executive and Administrative Offices, etc.; Placement Under Control of Some State Department

Section 2. All executive and administrative offices, boards, commissions and other governmental organizations and agencies, except those serving directly under the governor or the governor and council, not by law placed under the direction and control of some state department, shall be placed thereunder by order of the governor, with the advice and consent of the council, until such time as the general court shall make provision therefor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 3 - Establishment of Divisions; Approval of Governor and Council

Section 3. In all cases where the executive and administrative head of a department is vested with authority to establish therein divisions not specifically provided for by law, the establishment of such divisions shall be subject to the approval of the governor and council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 5 - Conflicting Orders or Regulations; Appeal to Governor and Council

Section 5. In all cases where a question arises between executive or administrative departments, or officers or boards thereof, as to their respective jurisdictions or powers, or where such departments, or officers or boards thereof, issue conflicting orders or make conflicting rules and regulations, the governor and council may, on appeal by any such department or by any person affected thereby, determine the question, and order any such order, rule or regulation amended or annulled; provided, that this section shall not deprive any person of the right to pursue any other lawful remedy. The time within which such appeal may be taken shall be fixed by the governor and council.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 6 - Absence or Disability of Department Heads

Section 6. If, during the absence or disability of a commissioner or head of an executive or administrative department or of a director or head of a division in a department, his duties are not specially authorized by law to be performed by another person, the commissioner or head of such department shall designate another person in his department to perform the duties of such person in case of and during such absence or disability, but a person so designated shall have no authority to make permanent appointments or removals. Every such designation shall be subject to approval by the governor, and shall remain in force and effect until revoked by the commissioner or head of such department or by the governor; provided, however, that such designation shall continue after the death of such commissioner or head of department until revoked by his successor.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 6a - Absence or Disability of Members, of Permanent State Boards, Etc.

Section 6A. If any member of a permanent state board or commission or of a board or commission appointed under an interstate compact who serves as such by virtue of holding any other office or position is unable by reason of absence or disability to perform his duties as such member, he may, by a writing filed in the office of such board or commission, designate an officer or employee in his department who shall, without additional compensation therefor, perform such duties in case of and during such absence or disability, but a person so designated shall have no authority to make any appointments or removals. Any such designation may in like manner be revoked at any time.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 7 - Confidential Secretaries; Appointment and Removal

Section 7. Each officer, board and commission having supervision and control of an executive or administrative department, including the commissioner of administration, the first deputy commissioner of administration, the comptroller, the purchasing agent, the budget director, the personnel administrator and the the commissioner of industrial accidents in the department of labor and workforce development, each commissioner of the department of banking and insurance, the state superintendent of buildings, and the alcoholic beverages control commission, but not including the several boards serving in the division of registration, may appoint and remove a person to serve as a confidential secretary. Such appointment shall be in accordance with the provisions of sections forty-five to fifty, inclusive, and shall be exempt from the provisions of sections nine A and nine B of chapter thirty and from the provisions of chapter thirty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 8 - Public Officers Appointed by Governor; Tenure

Section 8. A public officer appointed for any term by the governor, with or without the advice and consent of the council, shall hold his office during the term for which he is appointed and until his successor in office has qualified, unless he is sooner removed in accordance with law. Unless otherwise provided, the beginning of the term of office of a public officer appointed by the governor shall be the date of his appointment, or, if he is appointed by the governor with the advice and consent of the council, it shall be the date of his confirmation; but no officer shall enter upon the duties of his office until he is duly qualified as provided by law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9 - Public Officers Appointed by Governor; Removal

Section 9. Unless some other mode of removal is provided by law, a public officer, if appointed by the governor, may at any time be removed by him for cause, and, if appointed by him with the advice and consent of the council, may be so removed with its advice and consent.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9a - Veterans Holding Unclassified Positions; Separation From State Service

Section 9A. A veteran, as defined in section one of chapter thirty-one, who holds an office or position in the service of the commonwealth not classified under said chapter thirty-one, other than an elective office, an appointive office for a fixed term or an office or position under section seven of this chapter, and has held such office or position for not less than three years, shall not be involuntarily separated from such office or position except subject to and in accordance with the provisions of sections forty-one to forty-five, inclusive, of said chapter thirty-one to the same extent as if said office or position were classified under said chapter. If the separation in the case of such unclassified offices or positions results from lack of work or lack of money, such a veteran shall not be separated from his office or position while similar offices or positions in the same group or grade, as defined in section forty-five of this chapter, exist unless all such offices or positions are held by such veterans, in which case such separation shall occur in the inverse order of their respective original appointments.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9b - Certain Permanent Public Employees; Arbitrary Removal; Protection; Disciplinary Proceedings for Abuse of Disabled Person

Section 9B. No person permanently employed in any institution under the department of mental health, developmental services, public health, public welfare, correction or youth services, or in a state-operated veterans' home, except an employee, other than a nurse, rendering professional service, who is not classified under chapter thirty-one, and no maintenance employee permanently employed in any institution under the department of education, shall, after having actually performed the duties of any office or position continuously for a period of six months in such an institution or department, be discharged, removed, suspended, laid off, transferred from the latest permanent office or employment held by him without his consent, lowered in rank or compensation, nor shall his office or position be abolished, except for just cause and in the manner provided by sections forty-one to forty-five, inclusive, of chapter thirty-one.
It shall be deemed that there is just cause to discipline or discharge an employee of the commonwealth, if it is determined by a preponderance of the evidence that such employee abused a person with a disability in the care of the commonwealth, including but not limited to the department of mental health, department of developmental services, department of public health, department of children and families, department of corrections, department of youth services, department of education and Bridgewater state hospital. For the purposes of this section, abuse includes, but is not limited to, the following:
(1) any non-accidental act or omission that results in physical or emotional injury to the disabled person;
(2) non-accidental, unauthorized physical aggression;
(3) verbal harassment; and
(4) sexual harassment.
In any disciplinary proceeding pursuant to this section, chapter 31, chapter 150E or a hearing under section 4H of chapter 7 related to a care provider's placement on the registry established under section 15 of chapter 19C, the report of an investigation of abuse shall be admissible into evidence for the truth of the matters asserted therein. The credibility of any witness or the veracity of any witness' statements given at such a disciplinary proceeding may not be challenged solely on the basis of his disability.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9c - Mental Health, Developmental Services and Public Health Department Employees; Damages Caused by Patients

Section 9C. Any employee at the institutions under the control of the departments of mental health, developmental services and public health whose uniform or other clothing, eyeglasses, dentures and the like are destroyed or damaged because of the violence of any patient under his care as determined by the appointing authority of said employee, shall have the same replaced or repaired by the department employing said employee free of any charge to such employee.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9d - Teachers of Certain State Institutions; Removal; Lowering in Rank

Section 9D. No person permanently employed as a teacher in any institution under the department of mental health, developmental services, public health, public welfare, correction, or youth services, who is not classified under chapter thirty-one, shall, after having served as such teacher for a period of three years in such institution, be discharged, removed, suspended, laid off, transferred without his consent, lowered in rank or compensation, nor shall his office or position be abolished, except for just cause and in the manner provided by sections forty-one to forty-five, inclusive, of said chapter thirty-one.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9e - Chaplains; Exemption

Section 9E. No person employed as a chaplain by the commonwealth shall be classified under chapter thirty-one or be subject to the provisions of sections nine A, nine B, nine D, or twenty-four A of chapter thirty, or sections thirty A or thirty B of chapter one hundred and forty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9f - State Employees Elected to Public Office; Leave of Absence

Section 9F. Notwithstanding any law, rule or regulation to the contrary, any person permanently employed by the commonwealth, subject to the provisions of section nine B, who holds an elective state or county office or who is elected mayor by the people of any city in the commonwealth, shall, upon his written request, made to the appointing authority, be granted a leave of absence without pay from his position or employment for all or for such portion of the term for which he was elected, as he may at any time, or from time to time, designate, and he shall not be suspended or discharged and shall suffer no loss of tenure rights as a result of such leave of absence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9g - Public Employees Participating in World Athletic Competition; Leaves of Absence

Section 9G. Any employee of the commonwealth who qualifies as a member of a team representing the United States in any World athletic or Olympic competition shall be granted a leave of absence with pay for the purpose of engaging in competition. Paid leave shall be limited to the period of the official training camp and competition combined, or for a period of sixty calendar days whichever is shorter. The word ''team'' shall include the group leader, coach, official and any athletes who comprise the official delegation of the United States to the World or Olympic competition.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9h - Public Employees Who Are Veterans; Participation in Veterans or Memorial Day Exercise; Time Off Granted; Exceptions

Section 9H. Any employee of the commonwealth, who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service, shall be granted a reasonable and sufficient period of time off from his duties to attend and participate in such services or exercises.
This section shall not apply to employees whose services are essential and critical to public health or public safety, including but not limited to those employees whose regular and major duties require them to have the care, custody, instruction or supervision of inmates in correctional facilities and institutions or of persons who are mentally ill or mentally defective or defective delinquents, firefighters, police officers, guards and other persons who are determined to be essential and critical to the effective delivery of public services to the commonwealth. Any time off taken by an employee of the commonwealth under this section shall be without pay; provided, however, that any such employee may elect to apply accrued vacation or personal leave time to such time off.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 9j - Transfer of Employee Functions to Another Department or Agency; Employees Transferred; Wages, Seniority and Other Rights

Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer. Nothing in this section shall prohibit any reduction in workforce otherwise permitted under collective bargaining agreements or civil service rules or regulations.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 10 - Officers Requiring Gubernatorial Appointments; Filling Vacancies

Section 10. Any vacancy in any office, the original appointment to which is required by law to be made by the governor, with or without the advice and consent of the council, and for which no other method of filling vacancies is expressly provided by law, shall be filled for the unexpired term in the manner provided for an original appointment; and the appointment of a successor of any incumbent of any such office who is holding over after the expiration of his term of office shall be made in like manner for the remainder of the term which would have begun at such expiration if his successor had then been appointed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 11 - Oaths of Office

Section 11. A person chosen or appointed to an office may, unless otherwise provided by law, take and subscribe the oaths required to qualify him before the governor, lieutenant governor, secretary of the commonwealth, two councillors or two commissioners appointed under section three of chapter two hundred and twenty-two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 12 - Oaths of Office; Failure to Take and Subscribe

Section 12. A person appointed to an office by the governor with or without the advice and consent of the council shall be notified of his appointment by the state secretary and his commission delivered to him upon qualification, and if he does not, within three months after the date of such appointment, take and subscribe the oaths of office, his appointment shall be void, and the secretary shall forthwith notify him thereof, and shall also certify said facts to the governor. This section shall be printed on every such commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 13 - Fees for Certain Commissions, Etc.

Section 13. Before the delivery of a commission to a person appointed commissioner under section three or four of chapter two hundred and twenty-two, master in chancery or justice of the peace, he shall pay to the state secretary a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Before the delivery of a commission to a person appointed a notary public he shall pay to the state secretary a fee as determined annually under the aforementioned provision. Upon the change of name of any woman who has been appointed and qualified as a notary public, she shall re-register under her new name and shall pay to the state secretary a fee as determined annually under the aforementioned provision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 14 - Approval of Bond; Withholding Commission

Section 14. If a bond is required of any person appointed to office by the governor with or without the advice and consent of the council, the commission shall not issue until the bond has been approved.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 15 - Bonds; Determining Amount

Section 15. When state officials or employees are required to give bond in which the amount is not fixed by law, the comptroller shall fix the amount and shall require that such bonds be made uniform so far as possible.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title III - Laws Relating to State Officers › Chapter 30 - General Provisions Relative to State Departments, Commissions, Officers and Employees › Section 16 - Schedule Bonds

Section 16. State officers and heads of state departments may arrange for such schedule bonds as they deem advisable, which shall take the place of bonds required by law of them or any of their officers and employees. Every such schedule bond shall be a surety company bond with a surety company authorized to do business in the commonwealth as surety, conditioned that the officers and employees named in the bond shall faithfully perform the duties of their offices and employments, with other conditions or provisions required by law.