Chapter 41

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Chapter 41: OFFICERS AND EMPLOYEES OF CITIES, TOWNS AND DISTRICTS

• Section 1 Town officers to be elected; tenure
• Section 1A District defined
• Section 1B Appointed town offices and boards; acceptance by voters
• Section 2 Establishment of new board or office; effect; increase or decrease in board membership or number of officers
• Section 3 City officers; powers and duties
• Section 4 Penalty for failure to choose selectmen or assessors
• Section 4A Members of town and district boards eligible to hold other offices; salary
• Section 5 Voting list; use
• Section 6 Use of official ballots; towns authorized to provide for
• Section 7 Use of official ballot; determination of extent
• Section 8 Handling of ballots
• Section 9 Handling of ballots after tabulation; sealing
• Section 10 Failure to elect; procedure to fill vacancy; notice
• Section 11 Appointment to fill vacancy in town office
• Section 12 City clerks; tenure
• Section 13 Bond of town clerk
• Section 13A Bond of city clerk
• Section 13B Renewal of licenses and permits; delegation of authority
• Section 14 Temporary clerk
• Section 15 Town clerks; powers and duties
• Section 15A Certification of appropriations
• Section 16 Oaths of town officers; return of certificate
• Section 17 Filing of city contracts; penalty for noncompliance
• Section 18 Assistant city clerk
• Section 18A Records of city clerk; attestation
• Section 18B Facsimile signatures of city clerk or assistant city clerk
• Section 19 Assistant town clerks; powers and duties; compensation
• Section 19A Certificate of appointment or election of clerk; filing requirements
• Section 19B City and town clerks; tenure of office
• Section 19C Acceptance of Sec. 19B; procedure; petition
• Section 19D Removal or suspension of clerk having permanent tenure
• Section 19E Procedure for filling vacancy following death or removal of clerk having permanent tenure
• Section 19F Additional compensation for serving as clerk of city council
• Section 19G Additional compensation for serving as member of registrars of voters
• Section 19H Maximum amount of additional compensation for serving as member of registrars of voters
• Section 19I Additional compensation for serving in other city or town positions
• Section 19J Additional compensation for serving as member of board of registrars of voters
• Section 19K Additional compensation for town clerk
• Section 20 Selectmen; duties and oath; penalty
• Section 21 Authorization for selectmen to act as or appoint other town officers
• Section 21A Removal of persons appointed to positions of chief of police or head of municipal police department
• Section 22 Officers appointed by selectmen; tenure; compensation; vacancies
• Section 23 Rescission of vote by selectmen; election of other officers; tenure
• Section 23A Executive secretary or town administrator; appointment; tenure
• Section 23B Town departments; investigations and reports
• Section 23C Persons acting on behalf of selectmen; appointment and removal
• Section 23D Municipal data processing centers
• Section 24 Assessors; number; method of selection; tenure
• Section 24A Repealed, 1937, 129, Sec. 1
• Section 25 Appointment by selectmen; tenure of office
• Section 25A Assistant assessors; appointment by assessors; duties; compensation; tenure
• Section 26 Appointment by selectmen where town so votes
• Section 26A Employment of counsel in certain proceedings
• Section 27 Repealed, 2016, 218, Sec. 53
• Section 28 Powers and duties of assistant assessors
• Section 29 Oath of office; penalty for failure to take oath
• Section 30 Penalty for false valuation
• Section 30A Vacancies; effect on powers of remaining assessors
• Section 30B Agreements for joint and cooperative assessment, classification and valuation of property
• Section 31 to 34 Repealed, 1967, 658, Sec. 5
• Section 34A Repealed, 1931, 426, Sec. 156
• Section 34B Identification of husbands and wives in documents and communications
• Section 35 Bond of treasurer; duties
• Section 36 Powers of treasurer; prosecution of actions
• Section 37 Repealed, 2016, 218, Sec. 55
• Section 38 Powers of tax collector
• Section 38A Collection of accounts due city or town; powers and duties of tax collector
• Section 39 Collection of taxes by constable
• Section 39A Assistant treasurer
• Section 39B Repealed, 2016, 218, Sec. 56
• Section 39C Assistant collector
• Section 40 Temporary town officers
• Section 41 Payment of compensation; oath
• Section 41A Delivery of payroll checks to department heads
• Section 41B Payment of public employees by direct bank credits
• Section 41C Deposits in credit union; pension or retirement allowances
• Section 42 Contents of pay roll
• Section 43 Penalty
• Section 43A Defense of actions against treasurers and collectors; indemnification
• Section 44 Sinking fund commissioners; election; tenure; appointment of secretary and treasurer
• Section 45 Board of commissioners of trust funds; membership; powers and duties
• Section 45A Commissioners in towns under five thousand population
• Section 46 Town treasurer; duties; bond
• Section 47 Powers and duties
• Section 48 Tenure of city auditor
• Section 49 Vacancy in office of auditor
• Section 49A Assistant auditors; powers and duties; compensation
• Section 50 Powers and duties of auditors
• Section 51 Accounts payable; notice to creditors; part payments
• Section 52 Approval of bills
• Section 53 Auditing of public trusts
• Section 54 Notice to auditor of payment of public funds to treasurer
• Section 54A Notification to assessors of receipts
• Section 55 Town accountant; tenure; powers and duties
• Section 56 Warrants for payment of bills
• Section 57 Books of account and financial records
• Section 58 Duties; notice of condition of appropriations; record of appropriations
• Section 59 Annual estimates; furnishing to town accountant
• Section 60 Table of estimated appropriations
• Section 61 Annual report
• Section 61A Appointment of temporary officers upon vacancy of certain offices; tenure; bond; removal; powers and duties
• Section 62 Highway surveyor; duties
• Section 63 Road and sewer commissioners
• Section 64 Road commissioners; powers and duties
• Section 65 Sewer commissioners; powers and duties
• Section 66 Superintendent of streets; appointment; tenure
• Section 67 One superintendent of streets for two or more towns
• Section 68 Superintendent of streets; powers and duties
• Section 69 Superintendent of water or sewer department
• Section 69A Water commissioners; election; tenure; quorum; vacancies
• Section 69B Water commissioners; powers and duties
• Section 69C Submission of adoption of board of public works to electorate; ballot
• Section 69D Board of public works; membership; election; tenure; powers and duties
• Section 69E Superintendent of public works; appointment; powers and duties
• Section 69F Submission to voters of revocation of acceptance; conditions; effect
• Section 69G Office of lands and natural resources; establishment; powers and duties; director and assistants
• Section 70 Planning board; duties
• Section 71 Annual report
• Section 72 Ordinances and by-laws
• Section 73 Board of survey; membership; length of existence; suspension of powers and duties
• Section 74 Approval of plans filed by citizens
• Section 75 Preparation of plans by board
• Section 76 Substitution of new plans
• Section 77 Construction or alteration of public ways; restrictions
• Section 78 Recordation of plan; necessity of approval by board
• Section 79 Entry upon lands by board of survey for examinations and surveys
• Section 80 Establishment and discontinuance of exterior way lines
• Section 81 Damages
• Section 81A Planning board; establishment; membership; tenure; vacancies
• Section 81B Planning board; powers and duties
• Section 81C Studies and reports of board; acting as park commissioners
• Section 81D Master plan; economic development supplement
• Section 81E Official map; purpose; recordation
• Section 81F Alteration of official map; damages for injuries
• Section 81G Applicability of municipal planning laws to municipal powers over public ways and parks
• Section 81H Part of official map; laying out, altering or relocating public ways
• Section 81I Duties of municipalities having no official map in respect to construction of ways; reference to planning board
• Section 81J Establishment and discontinuance of exterior lines of ways in municipalities with planning boards; damages for injuries
• Section 81K Designation of subdivision control law
• Section 81L Definitions
• Section 81M Purpose of law
• Section 81N Territorial extent of law; acceptance by municipalities
• Section 81O Regulation of new subdivisions
• Section 81P Approval of plans not subject to control law; procedure
• Section 81Q Planning board; adoption of rules and regulations
• Section 81R Waiver of strict compliance with rules and regulations
• Section 81S Submission of preliminary plan; approval or disapproval; recording
• Section 81T Notice of submission of plan; hearing
• Section 81U Approval, modification or disapproval of plan by board; prerequisites for decision
• Section 81V Final approval of plan; endorsements; certificate
• Section 81W Modification, amendment or rescission of approval of plan; conditions
• Section 81X Requirements for registration of plan
• Section 81Y Restrictions on construction of public ways, improvements and buildings; liability of grantors, etc.; court jurisdiction
• Section 81Z Board of appeals; membership; tenure; removal; vacancies; jurisdiction
• Section 81AA Board of appeals; rules; meetings; powers and duties; hearings
• Section 81BB Appeal to superior court; counsel; costs; surety or bond; speedy trial
• Section 81CC Powers of planning boards; entry on lands
• Section 81DD Application of law; damages
• Section 81EE Recordation; evidence that subdivision control law is in effect; suspension
• Section 81FF Application of subdivision control law on registered and unregistered land; jurisdiction of land court
• Section 81GG Powers of planning boards established under prior law; severability provision
• Section 82 Authority to establish art commissions
• Section 83 Appointment; membership; compensation; tenure; removal
• Section 84 Powers and duties; penalty
• Section 85 Weighers, measurers and surveyors of goods or commodities; appointment; qualifications; tenure; removal
• Section 86 Powers and duties; penalty for misrepresentation
• Section 87 Applicability of Secs. 85 and 86 to weighers, etc., of particular commodities
• Section 87A Weighers and measurers of motor vehicles and trailers; appointment
• Section 87B Repealed, 1974, 851, Sec. 2
• Section 88 Weighers of fish
• Section 89 Deputy weighers of fish
• Section 90 Weighers of fish; penalty for violation of oath of office
• Section 90A Interfering with fish weigher or deputies; penalty
• Section 91 Constables; appointment and removal in cities
• Section 91A Constables; appointment in towns
• Section 91B Appointments; qualifications; application; investigation
• Section 92 Service of civil process
• Section 93 Remedies on bond
• Section 94 Powers and duties
• Section 95 Territorial jurisdiction
• Section 95A Service of civil process fees
• Section 95B Records of service of civil process fees
• Section 96 Police officers; appointment; tenure; discharge
• Section 96A Persons disqualified
• Section 96B Police training schools; supervisory training; attendance by persons exercising police powers; wages and expenses; exceptions; removal for failure to attend
• Section 97 Police departments; establishment
• Section 97A Police departments; chief of police; powers and duties
• Section 97B Rape reporting and prosecution units within police departments; training and funding; personnel; retention and preservation of forensic evidence
• Section 97C Special telephone exchange for reporting of rape
• Section 97D Confidentiality of reports of rape, sexual assault and domestic violence; access by victim and certain individuals in performance of their duties; violations; penalties
• Section 97E Chief of police; attendance at conventions
• Section 97F Firefighter duties; performance by police
• Section 97B1/2 Notification to local law enforcement by medical facilities when evidence of sexual assault obtained; submission of evidence kit to crime laboratory; entering of evidence into DNA database and statewide sexual assault evidence kit tracking system
• Section 98 Powers and duties
• Section 98A Arrest on fresh and continued pursuit
• Section 98B Foot patrol
• Section 98C Badges; identification by name or number
• Section 98D Identification cards
• Section 98E Public solicitations using words ''police'' or ''firefighters''
• Section 98F Daily logs; public records; confidentiality of certain entries
• Section 98G Domestic abuse; police reports
• Section 98H Settlement agreements for professional misconduct by law enforcement officer; nondisclosure, non-disparagement or similar clauses
• Section 99 Requisition of police officers by other towns
• Section 99A Members of regular police or fire department and fire alarm division; residence outside city or town
• Section 99B Regional police district law; purpose of Secs. 99B to 99K
• Section 99C Establishment
• Section 99D Town elections for acceptance; ballots
• Section 99E Powers and duties
• Section 99F Regional police district commission; membership; officers
• Section 99G Budget; apportionment; appropriations
• Section 99H Annual audits
• Section 99I Costs and expenses; annual estimates; apportionment; assessment of towns
• Section 99J Regional district police department; pending prosecutions; personnel transfers.
• Section 99K Revocation of acceptance of regional police district law; town elections; ballot; continuity of district
• Section 100 Indemnification of police officers, firemen and persons aiding them; actions for intentional or negligent injuries inflicted upon same
• Section 100A Repealed, 1978, 512, Sec. 10
• Section 100B Indemnification of retired police officers and fire fighters
• Section 100C to 100F Repealed, 1978, 512, Sec. 10
• Section 100G Payment of funeral and burial expenses of fire fighters and police officers killed in performance of duties; acceptance of section
• Section 100H Indemnification of law enforcement officers for dogs used in connection with official duties
• Section 100I, 100J Repealed, 1978, 512, Sec. 10
• Section 100G1/2 Attendance by police officers at police association or Massachusetts Coalition of Police executive board meetings; acceptance of section
• Section 100G1/4 Payment of funeral and burial expenses of firefighters and police officers killed in performance of duties; acceptance of section
• Section 101 Commissioner of public safety; powers and duties
• Section 101A Police officers or firefighters; tobacco smoking
• Section 102 Inspector of health
• Section 102A Appointment in towns under three thousand population
• Section 102B Appointment in towns of 5,000 or more inhabitants
• Section 103 Purchasing department; purchasing agent; duties and salaries
• Section 104 Establishment of purchasing department; submission to electorate
• Section 105 Board of trustees for soldiers' memorials; powers and duties; membership; tenure; vacancies; rules and regulations
• Section 106 Tree warden; appointment; term
• Section 106A Town physician; appointment in certain towns
• Section 106B Capital planning committee; establishment; duties
• Section 107 Oath of office; beginning of term
• Section 108 Compensation
• Section 108A Classification of positions; compensation plans; rules and regulations
• Section 108B Assessors and tax collectors in districts; compensation and expenses
• Section 108C By-laws pertaining to administration of personnel; consolidation
• Section 108D Fire fighters; minimum annual compensation
• Section 108E Policemen; schedule of minimum annual compensation
• Section 108F Fire fighters; schedule of minimum annual compensation
• Section 108G Policemen; alternate schedule of minimum annual compensation
• Section 108H Fire fighters assigned to photographic work; additional compensation
• Section 108I Policemen assigned to photographic or fingerprint identification work; additional compensation
• Section 108J Equal pay of male and female employees
• Section 108K Female police officers; equality of compensation
• Section 108L Police career incentive pay program; salary increases; reimbursement of cities or towns
• Section 108M Police officers attending law enforcement courses at accredited college or university for degree; payment of salary; duty hours; agreement
• Section 108N Town manager, administrator, executive secretary, or administrative assistant; employment contract
• Section 108O Employment contracts for police chiefs and fire chiefs
• Section 108P Additional compensation for collectors or treasurers
• Section 108N1/2 Employment contracts for appointed municipal treasurers, assessors or collectors
• Section 109 Resignation; notice; residence requirements
• Section 109A Fidelity bonds; payment of premiums
• Section 110 Authorization for holidays
• Section 110A Office hours on Saturday
• Section 111 Vacations of certain employees
• Section 111A Vacations for police and firemen
• Section 111B Sick leaves; accumulation
• Section 111C Attendance by employee veterans at funerals or memorial services for veterans
• Section 111D Vacations for police and firemen
• Section 111E Vacation pay for terminated employees; conditions
• Section 111F Leave with pay for incapacitated employees
• Section 111G Additional vacation time for longevity
• Section 111H Overtime pay for police officers; conditions
• Section 111I Compensation due deceased employees; disposition
• Section 111J Attendance at veterans' conventions
• Section 111K Firemen; summer vacations
• Section 111L Policemen and firemen; vacations; 20 years' service
• Section 111M Emergency medical technicians; leave without loss of pay while incapacitated
• Section 111N Indemnification of emergency medical technicians for certain expenses
• Section 111G1/2 Vacations; duration
• Section 112 Preference in public employment
• Section 112A Veterans in unclassified positions; procedure for involuntary separation
• Section 113 Use of official ballots
• Section 114 Application of election laws
• Section 115 Nomination papers; filing; certificates of nomination
• Section 116 Duties of prudential committee and clerk in certain districts
• Section 117 District elections; provision for election equipment; liability for expenses
• Section 118 District elections; provision for forms, tally and vote sheets
• Section 119 District meetings; qualifications
• Section 120 Fiscal year of districts
• Section 121 District treasurers; qualifications
• Section 122 Temporary treasurer; appointment; bond
• Section 123 Temporary clerk; appointment; bond
• Section 123A Assistant treasurers and assistant clerks; appointment; bond
• Section 124 Fire and water districts; appropriation for cost of water favorability studies
• Section 125 Temporary housing assistance plans
• Section 126 Definitions
• Section 127 Eligibility to apply for tenure; offices excepted; restrictions; duration of tenure; removal for cause
• Section 128 City offices; application statement; filing; approval procedure; denial, re-application time limit
• Section 129 Town offices; application statement; filing; approval procedure; denial, re-application time limit
• Section 130 Applicability of town tenure provisions to districts
• Section 131 City or town offices; application statement by head of department for tenure of its members; filing; approval procedure; denial, re-application time limit
• Section 132 Tenure limitations
• Section 133 Appointment and reappointment of police officers