Chapter 41

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

Chapter 41

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