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 60a - Intermittent or Reserve Police or Fire Force Members; Effect of Refusals to Accept Employment on Permanent Basis in Regular Police or Fire Force

Section 60A. (a) Notwithstanding the provisions of section 60 to the contrary, this section shall apply to a city or town that has an intermittent or reserve police or fire force and that accepts this section by majority vote of the selectmen of a town or of the city council of a city, subject to its charter.
(b) 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 to that force and, notwithstanding sections 41, 43 and 44 or any other law, shall cease to be a member of such intermittent or reserve police or fire force. But no such member shall cease to be such a member as a result of having so refused such employment on three such occasions if he shall have submitted to the appointing authority, in writing, on a form or in such manner to be prescribed by the administrator, not later than such third refusal, an irrevocable request by such member not to be so terminated from the intermittent or reserve police or fire force. No such member who is so exempted from such termination shall be counted for the purpose of determining the size of such intermittent or reserve force. 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.
(c) The appointing authority shall send to the administrator a notice of termination of service of any such member that 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 appointing authority shall send to the administrator a copy of an irrevocable request by any member not to be terminated from the intermittent or reserve police or fire force indicating the date on which such request was received. 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.
(d) This section shall not prevent the appointment to the regular fire force of a city or town of a call firefighter under any general or special law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation

Section 61. Following his original appointment as a permanent full-time police officer or fire fighter in a city, or in a town where the civil service law and rules are applicable to such position, a person shall actually perform the duties of such position on a full-time basis for a probationary period of twelve months before he shall be considered a full-time tenured employee in such position, except as otherwise provided by civil service rule. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as regular police officers or fire fighters.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 61b - Wellness Program for Police Officers and Firefighters

Section 61B. Any city, town, district or other governmental unit which accepts the provisions of this section shall establish a wellness program for police officers and firefighters, if any, employed in such city, town, district or other governmental unit. Such wellness program shall be in accordance with the minimum requirements established by the department of public health pursuant to section two hundred and three of chapter one hundred and eleven. The commonwealth and any agencies or authorities thereof shall establish such programs for any police officers or firefighters employed by said commonwealth, agencies or authorities and shall be deemed to have accepted this section for the purposes of section sixty-one A. Any city, town, district, or other governmental unit, but not including the commonwealth, its agencies or authorities, which accepts the provisions of this section and provides wellness programs pursuant thereto shall be reimbursed for the lesser of (i) one-half the costs thereof or (ii) an amount equal to one hundred dollars per employee, by the commonwealth, upon certification by the secretary of public safety. Said secretary shall certify the amount of such reimbursement to be paid to such city, town, district, or other governmental unit from information filed on or before September first of each year with said secretary by 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 62 - Punishment Duty; Police Officers or Fire Fighters

Section 62. Punishment duty shall not be imposed without just cause upon any police officer or fire fighter subject to this chapter. A police officer or fire fighter upon whom punishment duty is imposed shall, within twenty-four hours of the imposition of such punishment duty, be given a copy of this section and of sections forty-one through forty-five, together with a written notice stating the specific reason for the imposition of such punishment duty and the duration thereof and informing him that he may, within forty-eight hours of receipt of such notice, request in writing a hearing by the appointing authority. If he so requests he shall be given such a hearing within five days of receipt of such request by the appointing authority. A copy of the notice of imposition of punishment duty shall be forwarded forthwith to the administrator. Whenever such hearing is given, the appointing authority shall give such police officer or fire fighter a written notice of his finding within two days after the hearing. If, after such hearing, the appointing authority finds no just cause exists for the imposition of punishment duty, such punishment duty shall be deemed not to have been imposed; if, after such hearing, the appointing authority finds that just cause does exist for the imposition of punishment duty, such police officer or fire fighter may appeal to the commission as provided in section forty-three, and he or the appointing authority shall be entitled to judicial review of the action taken by the commission as provided in section forty-four. The provisions of section forty-three shall apply to all hearings under this section. Notice of any action taken by the appointing authority under this paragraph shall be forwarded forthwith to the administrator. Any hearing pursuant to this section shall be public if either party concerned so requests in writing. At any such hearing, the person upon whom punishment duty was imposed shall be allowed, either personally or by counsel, to answer the charges against him. In the computation of any period of time limited by this section, Saturdays, Sundays and holidays shall be excluded.
Notwithstanding the provisions of this section, punishment duty shall not be imposed upon any police officer or firefighter who is employed by the commonwealth subject to the provisions of this chapter, unless such police officer or firefighter assents thereto.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns

Section 62A. Notwithstanding the provisions of section sixty-two punishment duty shall not be imposed upon any police officer or firefighter, who is employed by a city or town subject to the provisions of this chapter, unless such police officer or firefighter assents thereto. This section shall take effect in a city or town upon its acceptance and shall become ineffective in any city or town which rescinds its acceptance in the same manner as it was accepted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments

Section 63. An appointing authority may employ a paraplegic in a civil service position within the police or fire department of any city or town, without submitting a requisition, if, in its opinion, the duties of the position may be performed by such paraplegic. Prior to such employment, the appointing authority shall secure and maintain on file a certificate from the attending physician of such person that such person is a paraplegic.
The appointing authority shall also maintain a record of the following:
(1) the title and duties to be assigned to the paraplegic who is to be employed, and the title of his immediate supervisor; and
(2) a certificate from a physician that the paraplegic can satisfactorily perform the duties of the position, is qualified to do the work without hazard to himself or to others and is socially competent to maintain himself in a work environment.
The appointing authority may require any paraplegic proposed for appointment pursuant to this section to undergo such tests as, in its opinion, will measure the fitness of such paraplegic to perform the duties of the position.
Upon the commencement of such employment, such paraplegic shall be deemed to be appointed to the position pursuant to the civil service law and rules and shall continue in such position subject to the provisions of such law and rules.
For purposes of this section, a paraplegic shall mean a person (1) with paraplegia, or (2) with other handicapping conditions which preclude the use of the lower limbs, or (3) without lower limbs.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications

Section 64. No person shall be ineligible for appointment and no person shall be denied employment as a police officer in the Massachusetts bay transportation authority police force because of failure to attain a minimum height unless the administrator, in response to the written request of the appointing authority that no person under a specified height be certified for appointment to such position in said force, has established a minimum height requirement for the position. Such request shall include the findings of a validation study demonstrating the necessity for a minimum height for said position in said force, and such other evidence as the administrator may require.
A person shall be ineligible to become an applicant for an examination for original appointment to the position of police officer in the Massachusetts bay transportation authority police force if he will not have reached his twenty-first birthday on or before the final date for the filing of applications for such examination, as stated in the examination notice.
As a prerequisite to appointment to the position of police officer in the Massachusetts bay transportation authority police force or for appointment as a correction officer, a person shall have graduated from high school, or received a high school graduation equivalency certificate from the department of education, or served for three years or more in the armed forces of the United States, having last left such armed forces under honorable conditions. Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a uniformed member of the Massachusetts bay transportation authority police force, or of the public works building police, and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco product; the personnel administrator shall promulgate regulations for the implementation of the provisions of this sentence.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 65 - Massachusetts Bay Transportation Authority Police; Appointments and Promotions; Probationary Periods; Evaluation

Section 65. Original and promotional appointments in the Massachusetts bay transportation authority police force shall be made only after competitive examination.
An examination for a promotional appointment for any title in any such force shall be open only to permanent employees in the next lower title in such force, except that if the number of such employees, or the number of applicants for the examination, or the number of applicants presenting themselves for examination is less than four, the examination shall be opened to permanent employees in the next lower titles in succession in such force until either four such employees have applied and presented themselves for examination or until the examination is open to all permanent employees in lower titles in such force; provided, that no such examination shall be open to any person who has not been employed as a permanent employee for at least one year in such force in the lower title or titles to which the examination is open, and provided, further, that no such examination for the first title above the lowest title in such force shall be open to any person who has not been employed as a permanent employee in such force for at least three years in such lowest title.
All promotional appointments to fill positions in such forces shall be made on a full-time basis. No such promotional appointments shall be made on a permanent intermittent basis.
An eligible list established as a result of any examination shall not be used for an original or promotional appointment to any position in any force pursuant to this section unless the announcement of such examination identified such position as one to be filled from such list.
Notwithstanding the provisions of any law or rule to the contrary, a member of any such force who has served as such for twenty-five years and who passes an examination for promotional appointment in such force shall have preference in promotion equal to that provided to veterans under the civil service rules.
Following his original appointment as a permanent full-time police officer in the Massachusetts bay transportation authority police force, a person shall actually perform the duties of such position on a full-time basis for a probationary period of twelve months before he shall be considered a full-time tenured employee in such position. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as police officers in such force.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts

Section 66. The administrator shall certify persons to fill positions in the labor service of the highway division in the Massachusetts Department of Transportation according to districts established by the division. Districts so established shall not be changed unless written notice of such change, including a statement of the reasons therefor, is sent to the administrator at least six months prior to the effective date of the change.
All promotional examinations in the division shall be open to all eligible employees of the division as determined by the administrator, regardless of where they are employed in the division. Notwithstanding the provisions of section thirty-three, in the case of a promotion pursuant to section eight, the length of service of an employee of the division shall be computed without regard to the component or components of the division where such service was performed.
All promotions in the official service of the department of unemployment assistance be made pursuant to section eight or section ten.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties

Section 67. Each appointing authority shall submit to the administrator, on or before March first of each year, a list of civil service employees in its department as of January second of the same year. Such list shall be in such form as is required by the administrator, shall be made under the penalties of perjury, shall specify the series and title of the position of each such employee and the seniority of such employee as determined pursuant to section thirty-three.
Each such appointing authority shall sign such list and post it forthwith in all areas under its control where five or more civil service employees begin their tour of duty. Such list shall be so posted immediately after it is submitted to the administrator so that it may be inspected during a reasonable period before May first of the year it is submitted. The date of posting such list shall appear on the list which shall remain posted for one year after such date of posting.
When used with respect to employees in the labor service of the highway division in the Massachusetts Department of Transportation, the word ''division'' as used in this section shall mean the districts established by such division in which such employees serve.
The superior court may enforce this section and said section thirty-three upon petition by one or more taxable inhabitants of a city or town or upon suit by the attorney general.
Any appointing officer who neglects or wilfully refuses to post a copy of such list shall be punished by a fine of not more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.

Section 68. Each appointing authority shall report in writing forthwith to the administrator of any appointment or employment, promotion, demotion, transfer, change in duties or pay, reinstatement, change in name, discharge, suspension, lay-off, abolition of position, absence for more than a month because of illness or injury, unauthorized absence, leave of absence because of military service, leave of absence for more than a month, termination of temporary employment, resignation, retirement, pension or death of any person within the official or labor service. Such report shall contain the record of service of such person and shall be in such form and detail as may be required by the administrator.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 69 - Reports of Appointment or Employment by Appointing Authority Upon Request; Enforcement; Penalties

Section 69. Every appointing authority shall file, within seven days after the receipt of a written request from the administrator, a report containing the names of all persons who have been appointed or employed by such authority, and have received pay or rendered bills for services or labor performed during the calendar month immediately preceding the date of submission of such request. Such report shall be filed with the administrator and with the state auditor, in the case of the state, and with the auditor or officer responsible for auditing the accounts of such appointing authority, in the case of a city or town.
Such report shall be in a form prescribed by the administrator, shall be made under penalties of perjury and shall contain the following information: (1) the full name of the person appointed or employed or who rendered a bill for services or labor; (2) a brief description of the nature of the position of such person and of the services or labor which such person has actually performed during such month; (3) for a state position, the title of the position of such person as stated in the payrolls of the appointing authority and for a position in a city or town, either the title of the position authorized by the department, or the title authorized by the appointing authority; (4) the regular salary or wage of the position; (5) the date of employment; and (6) all payments of any kind made to the appointee during said month. Such appointing authority shall not be required to file more than one such report in any month. The report shall be filed with the state auditor, and with the administrator and shall be open to public inspection.
The supreme judicial court, by mandamus or other appropriate remedy in law or equity, may compel any such appointing authority to comply with this section upon suit or petition of the administrator.
Any appointing authority who willfully refuses to comply with this section shall be punished by a fine of not less than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 70 - Records; Examination Papers; Inspection; Destruction

Section 70. The commission and the administrator shall maintain on file a record of their proceedings. Such records shall be open to public inspection pursuant to the rules of the commission. An appointing authority may inspect applications and references in connection with a certification of names; such applications and references shall be preserved for a period of two years and may then be destroyed. The question and answer sheets of examination papers, other than essay questions and answers, shall not be open for inspection and may be destroyed as determined by the administrator. The papers used by an applicant in an examination may be destroyed as determined by the administrator, except that they shall be preserved while a request for a review of a marking or finding in relation to such examination or an appeal from the decision of the administrator after such review is acceptable or pending pursuant to sections twenty-two, twenty-three and twenty-four.
Subject to the provisions of this paragraph, an applicant's examination papers may be inspected only by such applicant or his designated representative upon presentation of a written authorization from the applicant. Such inspection may take place only while a request by such applicant for a review of a marking or finding in relation to such examination or an appeal from the decision of the administrator after such review is acceptable or pending pursuant to sections twenty-two, twenty-three and twenty-four. No inspection of any examination papers may be made in connection with a request for a review of whether the examination was a fair test of the applicant's fitness to actually perform the primary or dominant duties of the position for which the examination was held, made under section twenty-two, or of examination papers to which sections twenty-two and twenty-three do not apply.
No question shall be copied except one on which the applicant received less than full credit in the marking of the examination. In such case, both the question and answer may be copied.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.

Section 72. The commission or the administrator may investigate all or part of the official and labor services, the work, duties and compensation of the persons employed in such services, the number of persons employed in such services and the titles, ratings and methods of promotion in such services. The commission or the administrator may report the results of any such investigation to the governor or the general court.
The commission or administrator, upon the request of an appointing authority, shall inquire into the efficiency and conduct of any employee in a civil service position who was appointed by such appointing authority. The commission or the administrator may also conduct such an inquiry at any time without such request by an appointing authority. After conducting an inquiry pursuant to this paragraph, the commission or administrator may recommend to the appointing authority that such employee be removed or may make other appropriate recommendations.
The commission or the administrator or any authorized representatives of either, may summon witnesses, administer oaths and take testimony for any hearing, investigation or inquiry conducted pursuant to the civil service law and rules. Fees for such witnesses shall be the same as for witnesses before the courts in civil actions and shall be paid from the appropriation for incidental expenses.
A subpoena may be issued at the request of a complainant, respondent, or any other party to any proceeding before the commission under such rules as the commission shall establish. In the case of a subpoena issued by such request, the cost of service and of the fees of the witnesses shall be borne by the party who made the request and such fees shall also be the same as for witnesses before the superior court in civil actions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 73 - Violations; Notice; Writs of Mandamus

Section 73. If, in the opinion of the administrator, a person is appointed or employed in a civil service position in violation of the civil service law and rules, the commission or the administrator shall mail a written notice of such violation to such person and to the appointing authority. The commission or the administrator shall then file a written notice of such violation with the treasurer, auditor or other officer whose duty it is to pay the salary or compensation of such person or to authorize the drawing, signing or issuing of any warrant for such payment.
The payment of any salary or compensation to such person shall cease at the expiration of one week after the filing of such written notice with such treasurer, auditor or other officer. No such treasurer, auditor or other officer shall pay any salary or compensation to such person, or draw, sign or issue, or authorize the drawing, signing or issuing of any warrant for such payment, until the legality of the appointment or employment is duly established.
Any person found by the administrator to be illegally appointed or employed may file a petition for a writ of mandamus in the supreme judicial court to compel the administrator to authorize such appointment or employment and the payment of compensation or salary.
At any time after the filing of such petition, the court may order that the compensation accruing to such person for services actually rendered shall be paid to him until further order of the court, if the court is of the opinion that there is a reasonable doubt whether the appointment or employment of such person is in violation 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 74 - Prohibited Activities; Penalties

Section 74. No person shall wilfully or corruptly alter any examination paper of any applicant, or wilfully or corruptly substitute any other paper for such examination paper, for the purpose of either improving or injuring the prospects or chances for appointment, employment or promotion of such applicant or of any other person. Any person who violates or conspires to violate any provision of this paragraph shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both.
No person, by himself or in cooperation with one or more persons, shall wilfully or corruptly defeat, deceive or obstruct any person with respect to his right, pursuant to the civil service law and rules, of examination, registration, certification, appointment, promotion or reinstatement; or wilfully or corruptly make a false mark, grade, estimate or report on the examination or proper standing of any person examined pursuant to the civil service law and rules; or wilfully or corruptly make any false representation concerning the same or concerning the person examined; or wilfully or corruptly furnish to anyone special or secret information for the purpose of either improving or injuring the prospects or chances of appointment, employment or promotion of any person examined, registered or certified or to be examined, registered or certified. No person shall impersonate any other person or permit or aid in any manner any other person to impersonate him in connection with any examination, registration or application or request to be examined or registered or in connection with any certification, appointment or promotion.
No person making an appointment to any civil service position shall receive or consider a recommendation of an applicant for such appointment given by any member of the general court, alderman, or councilman, except as to the character or residence of the applicant.
Any person who has been elected to public office by popular vote or by the aldermen or city council of a city or the selectmen of a town shall not be eligible to be designated as a representative of civil service.
Any person who wilfully or negligently violates or conspires to violate any of the provisions of the civil service law and rules, or who knowingly makes an appointment or employs any person in violation of such law and rules, or who refuses or neglects to comply with any provision of such civil service law and rules, shall be punished by a fine of not more than one thousand dollars or imprisonment for not more than one year, or both, unless a different penalty is specifically provided in this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 75 - Rights of Municipal Employees

Section 75. No person shall deny or interfere with the right of civil service employees employed by any city or town to petition, individually or collectively, the city or town government or any member thereof, to furnish information to the mayor, city or town manager, city council, or board of aldermen or selectmen or to appear before any committee of such council or boards, or deny or interfere with the right of any civil service employees to petition, individually or collectively, the general court or any member thereof, to furnish information to either branch of the general court, or to appear before any of its committees. This section shall not be construed to authorize an employee who is not on leave to be absent from his employment without permission during regular working hours.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31 - Civil Service › Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications

Section 76. Notwithstanding any provision of law to the contrary no individual, other than in an emergency as heretofore set forth in this section, shall be appointed, transferred, excepting a transfer to a position with substantially identical authority, duties and responsibility, or promoted to any office or position which is subject to the federal standards for a merit system of personnel administration unless the administrator has certified such individual meets the minimum qualifications conformable with applicable federal requirements, which minimum qualifications he is hereby authorized and directed to establish for each such office or position.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 1 - Decentralized Personnel System; Accepted Merit Principles

Section 1. Any city or town subject to civil service law as provided in chapter thirty-one, or by special law, may exercise the option of establishing a decentralized personnel system and may become exempt from the provisions of chapter thirty-one or special law, provided that such city or town complies with the conditions provided hereinafter.
Local personnel systems developed pursuant to this chapter shall be consistent with accepted merit principles and each municipality shall include in its personnel ordinance or by-law a statement of said principles. Accepted merit principles shall include, but shall not be limited to:
(a) the recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills including open consideration of qualified applicants for initial appointment;
(b) providing just compensation for all employees;
(c) providing training and development for employees, as needed, to assure the advancement and high quality performance of such employees;
(d) retaining employees on the basis of adequacy of their performance, correcting inadequate performance, and separating employees whose inadequate performance cannot be corrected;
(e) assuring fair treatment of all applicants and employees in all aspects of personnel administration without regard to political affiliation, race, color, age, national origin, sex, marital status, handicap or religion and with proper regard for privacy, basic rights outlined in this chapter and constitutional rights as citizens, and;
(f) assuring that all employees are protected against coercion for political purposes, and are protected from arbitrary and capricious actions.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 2 - Definitions

Section 2. In this chapter, the following words and phrases shall have the following meaning, unless the context requires otherwise:—
''Administrator'', the personnel administrator of the human resources division within the executive office for administration and finance.
''Civil service law'', chapter thirty-one and the rules promulgated pursuant to that chapter.
''Civil service position'', an office or position, appointment to which is subject to the requirements of chapter thirty-one.
''Commission'', the civil service commission of the commonwealth.
''Department'' or ''division'', the human resources division within the executive office for administration and finance.
''Local appointing authority'', any person, board, or commission with the power to appoint or employ personnel in municipal service positions.
''Local chief executive officer'', in a city or town with a manager form of government, the manager of that municipality; in other cities, the mayor; and in other towns, the board of selectmen.
''Local merit appeals board'', a three member board established under section seven to act on appeals established under sections seven and eight and to act on appeals involving alleged violations of basic merit principles.
''Municipality'', a city or town in the commonwealth.
''Municipal employee'', any person compensated by a municipality for personal services performed for the municipality.
''Municipal personnel office'', the office established under section six, charged by local ordinance with administering the municipal personnel system.
''Personnel director'', the administrator of a municipal personnel system.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 3 - Acceptance by Municipality of Local Option; Adoption of Personnel Ordinance; Application of Chapter Thirty-One

Section 3. Any municipality exercising the local option contained in section one shall, upon the recommendation of the chief executive officer or by a majority vote of the executive officers of a city or town, and after conducting a public hearing, adopt a personnel ordinance or by-law in accordance with the provisions of section four. Upon the majority vote of those voting on the referendum question, the application of chapter thirty-one, shall be rescinded with the following exceptions:
(a) all testing for municipal public safety positions shall be administered by the human resources division within the executive office for administration and finance in accordance with the provisions of chapter thirty-one;
(b) employees serving in positions subject to the provisions of chapter thirty-one on the effective date of this act, and their successors, may appeal disciplinary actions, decisions that the examination fairly tested the knowledge, skills and abilities required to perform the primary or dominant duties of the position for which the examination was held and the results of performance evaluations to the civil service commission pursuant to section eight. The said commission shall hear such appeals in accordance with the provisions of said chapter thirty-one; and
(c) the provisions of chapter thirty-one contained in sections twenty-five, twenty-six and twenty-eight providing for veterans' preference.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 5 - Submission of Proposed Ordinance to Administrator; Rescission of Chapter Thirty-One Provisions; Form of Ballot

Section 5. At least one hundred and twenty days prior to the vote rescinding the provisions of chapter thirty-one, a city or town shall submit a copy of a proposed ordinance or by-law to the administrator who shall approve, disapprove or propose amendments to said ordinance or by-law on the basis of completeness, consistency and conformity in concept with accepted merit principles. The administrator's substantive review shall be limited to areas presently subject to civil service law, the general provisions of section five and conformity of the ordinance or by-law with basic merit principles outlined in this chapter. The administrator shall, within ninety days, either approve the proposed ordinance or by-law, propose amendments to the ordinance or by-law, or disapprove such ordinance or by-law if it is not consistent with the general provisions of this chapter.
In the event the administrator does not approve the proposed ordinance or by-law at least sixty days prior to proposed vote of the rescission, the provisions of chapter thirty-one shall remain in effect and such vote of the rescission shall be postponed until the next regular city or town election.
Following adoption, the ordinance or by-law shall be submitted for review to the administrator only in those instances where the said ordinance or by-law shall have been amended by the local legislative body. The criteria for review of any amendment shall be the same as those for initial approval of this ordinance or by-law; and, if the administrator shall fail to act within thirty days of the receipt of the adopted ordinance or by-law, it shall be considered approved.
The personnel administrator shall provide necessary technical assistance to cities and towns choosing to make the transition to a local system.
The question on the rescission of chapter thirty-one and attendant civil service rules and the acceptance of this chapter shall be printed on the official ballot to be used at a regular municipal election, in substantially the following form:
QUESTION:
Shall the city or town of ___ rescind the applicability of chapter 31 of the General Laws and accept the applicability of chapter 31A of the General Laws?
If a majority of such voters therein vote in the affirmative, the provisions of chapter thirty-one shall be rescinded and the provisions of this chapter shall be accepted; provided, however, that such rescission and acceptance shall take effect upon the adoption of the ordinance or by-law, approved by the personnel administrator, but not otherwise; and provided, further, that the provisions of section thirty-two of chapter forty shall not apply to any such by-law in a town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 6 - Personnel Director; Time of Appointment; Authority

Section 6. Within one hundred and eighty days following the effective date of a local ordinance or by-law, the municipality shall appoint a personnel director qualified for the position by reason of previous education, training, or experience.
Said personnel director may be a professional city manager, town manager, executive secretary, or a local official with equivalent experience, or a person appointed by a group of municipalities to serve as a personnel director on a regional basis. The personnel director shall have full authority to administer such local personnel system and shall have direct access to the chief executive of the municipality. The duties of the personnel director shall be prescribed by ordinance or by-law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 8 - Appeals; Options; Conditions; Collective Bargaining Agreements

Section 8. Appointing authorities and employees serving in positions subject to the provisions of chapter thirty-one on the effective date of this chapter and their successors, shall have the option to appeal to either the civil service commission or the local merit appeals board, but not both, in the following instances:
(a) a disciplinary action,
(b) a finding that the examination fairly tested the knowledge, skills and abilities required to perform the primary or dominant duties of the position for which the examination was held, or
(c) the results of a performance evaluation.
An employee covered by a collective bargaining agreement may continue to exercise any grievance arbitration procedure in said agreement and upon the election of such option by the employee, it shall be the exclusive remedy for resolving such matters. In any disciplinary action or discharge where the substance of such action was based on a performance evaluation the validity of which has been previously determined, the substantive matters involved in the evaluation shall not be open to redetermination by the commission or the board.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 9 - Personnel Administration Department; Performance and Special Audits; Reports; Appeal; Compliance

Section 9. The human resources division within the executive office for administration and finance shall conduct semi-annual performance audits of the merit systems of each municipality exercising the local option under this chapter during the first year, and annually thereafter.
Special audits may also be requested by a three-fifths vote of the local legislative body or by thirty per cent of the total number of employees subject to the local merit system. No such special audit shall be undertaken until the department has conducted a preliminary informal hearing with the parties concerned, and the administrator has determined, based upon the evidence there is substantial noncompliance with the municipal personnel ordinance or by-law.
The results of any audit, whether regular or special, shall be reported to the local appointing authority specifying any deficiencies that may have been found and the suggested corrective action. A copy of the report by the administrator shall be available for public inspection in the offices of the local appointing authority and the human resources division within the executive office for administration and finance.
Any municipality audited pursuant to this section shall have the right to appeal the results of such audit to the civil service commission, which may uphold, alter, or disqualify the results of said report, subject to judicial review.
If a municipality fails to correct any deficiencies specified in an audit report, the personnel administrator may take such action as may be necessary to insure compliance, including but not limited to, voiding past personnel actions, seeking a court order to insure compliance, or assuming temporary or permanent supervision of the local merit system with the municipality bearing the full cost of such supervision.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 10 - Certified Employee Organizations; Right to Bargain; Issues Not Subject to Collective Bargaining

Section 10. Nothing in this chapter shall interfere with the right of certified employee organizations to bargain with the municipality over subjects permitted by chapter one hundred and fifty E; provided, however, that the authority of any municipal agency or its agents to determine selection procedures at both the entry and promotional levels, to conduct and grade merit examinations, to rate candidates based on job-related criteria and establish eligible lists, to make initial appointments or promotions to positions covered by local personnel ordinances or by-laws or any other section of chapter thirty-one which is not subject to bargaining under paragraph (d) of section seven of chapter one hundred and fifty E, prior to the effective date of this chapter, shall not be subject to collective bargaining.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 31a - Municipal Personnel Systems › Section 11 - Revocation of Acceptance

Section 11. Revocation of the acceptance of this chapter by a city or town shall be in the same manner as its acceptance. Upon revocation, said city or town shall be subject to the provisions of chapter thirty-one of the General Laws to the same extent as it was immediately prior to its acceptance of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title IV - Civil Service, Retirements and Pensions › Chapter 32 - Retirement Systems and Pensions › Section 3a - Ineligible Employees; Deferred Compensation Program

Section 3A. Notwithstanding the provisions of any general or special law to the contrary, a person receiving compensation from the commonwealth for services performed for the commonwealth who is not eligible for membership in the state retirement system shall be subject to the provisions of section sixty-four of chapter twenty-nine.