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The 192nd General Court of the Commonwealth of Massachusetts

Section 129: Town offices; application statement; filing; approval procedure; denial, re-application time limit

Section 129. Any person applying for tenure in an appointive town office shall file an application statement with the town clerk and shall deliver copies thereof in hand or send same by registered or certified mail, return receipt requested to each selectman. Following receipt of such notice, the selectmen shall vote to approve or deny said application. If the board of selectmen vote to approve said application, the town clerk, at least one hundred and twenty days prior to the next town election, shall post a copy of the said application statement and the selectmen's written approval on the town bulletin board or such other place used for the posting of public notices within the town hall premises. The selectmen shall then cause to be included in the town warrant for said election a question in substantially the following form:

Shall (name of applicant), incumbent of the position or positions of (title of office), be granted tenure pursuant to sections one hundred and twenty-six to one hundred and thirty-two, inclusive, of chapter forty-one of the General Laws?

If a majority of the votes cast in response to the question is in favor of granting tenure, the applicant shall thereupon have tenure in such office. If less than a majority of such votes cast is in favor of granting tenure, the applicant's request for tenure is denied. If the application statement is denied either by a vote of the board of selectmen or by vote of the electorate at the town election, the applicant shall be ineligible to apply for tenure in his said office for a period of two years following such denial.