reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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titles shall continue for the remainder of the period of eligibility for the titles for which application was originally made.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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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 shall order the appointing authority to restore said person to his employment immediately 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 state-operated veterans' home in the city of Chelsea; 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.
2023 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.
2023 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.
2023 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 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.