Commonwealth of Massachusetts Massachusetts c. 41

This is a reading copy of Officers and Employees of Cities, Towns and Districts, published here because the codes on this site are adopted under it and cite it throughout. The text published by the Massachusetts Legislature, retrieved 2026-09-08, is at malegislature.gov and governs.

c. 41Officers and Employees of Cities, Towns and Districts

§ 1Town officers to be elected; tenure
§ 1ADistrict defined
§ 1BAppointed town offices and boards; acceptance by voters
§ 2Establishment of new board or office; effect; increase or decrease in board membership or number of officers
§ 3City officers; powers and duties
§ 4Penalty for failure to choose selectmen or assessors
§ 4AMembers of town and district boards eligible to hold other offices; salary
§ 5Voting list; use
§ 6Use of official ballots; towns authorized to provide for
§ 7Use of official ballot; determination of extent
§ 8Handling of ballots
§ 9Handling of ballots after tabulation; sealing
§ 10Failure to elect; procedure to fill vacancy; notice
§ 11Appointment to fill vacancy in town office
§ 12City clerks; tenure
§ 13Bond of town clerk
§ 13ABond of city clerk
§ 13BRenewal of licenses and permits; delegation of authority
§ 14Temporary clerk
§ 15Town clerks; powers and duties
§ 15ACertification of appropriations
§ 16Oaths of town officers; return of certificate
§ 17Filing of city contracts; penalty for noncompliance
§ 18Assistant city clerk
§ 18ARecords of city clerk; attestation
§ 18BFacsimile signatures of city clerk or assistant city clerk
§ 19Assistant town clerks; powers and duties; compensation
§ 19ACertificate of appointment or election of clerk; filing requirements
§ 19BCity and town clerks; tenure of office
§ 19CAcceptance of Sec. 19B; procedure; petition
§ 19DRemoval or suspension of clerk having permanent tenure
§ 19EProcedure for filling vacancy following death or removal of clerk having permanent tenure
§ 19FAdditional compensation for serving as clerk of city council
§ 19GAdditional compensation for serving as member of registrars of voters
§ 19HMaximum amount of additional compensation for serving as member of registrars of voters
§ 19IAdditional compensation for serving in other city or town positions
§ 19JAdditional compensation for serving as member of board of registrars of voters
§ 19KAdditional compensation for town clerk
§ 20Selectmen; duties and oath; penalty
§ 21Authorization for selectmen to act as or appoint other town officers
§ 21ARemoval of persons appointed to positions of chief of police or head of municipal police department
§ 22Officers appointed by selectmen; tenure; compensation; vacancies
§ 23Rescission of vote by selectmen; election of other officers; tenure
§ 23AExecutive secretary or town administrator; appointment; tenure
§ 23BTown departments; investigations and reports
§ 23CPersons acting on behalf of selectmen; appointment and removal
§ 23DMunicipal data processing centers
§ 24Assessors; number; method of selection; tenure
§ 24ARepealed, 1937, 129, Sec. 1
§ 25Appointment by selectmen; tenure of office
§ 25AAssistant assessors; appointment by assessors; duties; compensation; tenure
§ 26Appointment by selectmen where town so votes
§ 26AEmployment of counsel in certain proceedings
§ 27Repealed, 2016, 218, Sec. 53
§ 28Powers and duties of assistant assessors
§ 29Oath of office; penalty for failure to take oath
§ 30Penalty for false valuation
§ 30AVacancies; effect on powers of remaining assessors
§ 30BAgreements for joint and cooperative assessment, classification and valuation of property
§ 31 to 34Repealed, 1967, 658, Sec. 5
§ 34ARepealed, 1931, 426, Sec. 156
§ 34BIdentification of husbands and wives in documents and communications
§ 35Bond of treasurer; duties
§ 36Powers of treasurer; prosecution of actions
§ 37Repealed, 2016, 218, Sec. 55
§ 38Powers of tax collector
§ 38ACollection of accounts due city or town; powers and duties of tax collector
§ 39Collection of taxes by constable
§ 39AAssistant treasurer
§ 39BRepealed, 2016, 218, Sec. 56
§ 39CAssistant collector
§ 40Temporary town officers
§ 41Payment of compensation; oath
§ 41ADelivery of payroll checks to department heads
§ 41BPayment of public employees by direct bank credits
§ 41CDeposits in credit union; pension or retirement allowances
§ 42Contents of pay roll
§ 43Penalty
§ 43ADefense of actions against treasurers and collectors; indemnification
§ 44Sinking fund commissioners; election; tenure; appointment of secretary and treasurer
§ 45Board of commissioners of trust funds; membership; powers and duties
§ 45ACommissioners in towns under five thousand population
§ 46Town treasurer; duties; bond
§ 47Powers and duties
§ 48Tenure of city auditor
§ 49Vacancy in office of auditor
§ 49AAssistant auditors; powers and duties; compensation
§ 50Powers and duties of auditors
§ 51Accounts payable; notice to creditors; part payments
§ 52Approval of bills
§ 53Auditing of public trusts
§ 54Notice to auditor of payment of public funds to treasurer
§ 54ANotification to assessors of receipts
§ 55Town accountant; tenure; powers and duties
§ 56Warrants for payment of bills
§ 57Books of account and financial records
§ 58Duties; notice of condition of appropriations; record of appropriations
§ 59Annual estimates; furnishing to town accountant
§ 60Table of estimated appropriations
§ 61Annual report
§ 61AAppointment of temporary officers upon vacancy of certain offices; tenure; bond; removal; powers and duties
§ 62Highway surveyor; duties
§ 63Road and sewer commissioners
§ 64Road commissioners; powers and duties
§ 65Sewer commissioners; powers and duties
§ 66Superintendent of streets; appointment; tenure
§ 67One superintendent of streets for two or more towns
§ 68Superintendent of streets; powers and duties
§ 69Superintendent of water or sewer department
§ 69AWater commissioners; election; tenure; quorum; vacancies
§ 69BWater commissioners; powers and duties
§ 69CSubmission of adoption of board of public works to electorate; ballot
§ 69DBoard of public works; membership; election; tenure; powers and duties
§ 69ESuperintendent of public works; appointment; powers and duties
§ 69FSubmission to voters of revocation of acceptance; conditions; effect
§ 69GOffice of lands and natural resources; establishment; powers and duties; director and assistants
§ 70Planning board; duties
§ 71Annual report
§ 72Ordinances and by-laws
§ 73Board of survey; membership; length of existence; suspension of powers and duties
§ 74Approval of plans filed by citizens
§ 75Preparation of plans by board
§ 76Substitution of new plans
§ 77Construction or alteration of public ways; restrictions
§ 78Recordation of plan; necessity of approval by board
§ 79Entry upon lands by board of survey for examinations and surveys
§ 80Establishment and discontinuance of exterior way lines
§ 81Damages
§ 81APlanning board; establishment; membership; tenure; vacancies
§ 81BPlanning board; powers and duties
§ 81CStudies and reports of board; acting as park commissioners
§ 81DMaster plan; economic development supplement
§ 81EOfficial map; purpose; recordation
§ 81FAlteration of official map; damages for injuries
§ 81GApplicability of municipal planning laws to municipal powers over public ways and parks
§ 81HPart of official map; laying out, altering or relocating public ways
§ 81IDuties of municipalities having no official map in respect to construction of ways; reference to planning board
§ 81JEstablishment and discontinuance of exterior lines of ways in municipalities with planning boards; damages for injuries
§ 81KDesignation of subdivision control law
§ 81LDefinitions
§ 81MPurpose of law
§ 81NTerritorial extent of law; acceptance by municipalities
§ 81ORegulation of new subdivisions
§ 81PApproval of plans not subject to control law; procedure
§ 81QPlanning board; adoption of rules and regulations
§ 81RWaiver of strict compliance with rules and regulations
§ 81SSubmission of preliminary plan; approval or disapproval; recording
§ 81TNotice of submission of plan; hearing
§ 81UApproval, modification or disapproval of plan by board; prerequisites for decision
§ 81VFinal approval of plan; endorsements; certificate
§ 81WModification, amendment or rescission of approval of plan; conditions
§ 81XRequirements for registration of plan
§ 81YRestrictions on construction of public ways, improvements and buildings; liability of grantors, etc.; court jurisdiction
§ 81ZBoard of appeals; membership; tenure; removal; vacancies; jurisdiction
§ 81AABoard of appeals; rules; meetings; powers and duties; hearings
§ 81BBAppeal to superior court; counsel; costs; surety or bond; speedy trial
§ 81CCPowers of planning boards; entry on lands
§ 81DDApplication of law; damages
§ 81EERecordation; evidence that subdivision control law is in effect; suspension
§ 81FFApplication of subdivision control law on registered and unregistered land; jurisdiction of land court
§ 81GGPowers of planning boards established under prior law; severability provision
§ 82Authority to establish art commissions
§ 83Appointment; membership; compensation; tenure; removal
§ 84Powers and duties; penalty
§ 85Weighers, measurers and surveyors of goods or commodities; appointment; qualifications; tenure; removal
§ 86Powers and duties; penalty for misrepresentation
§ 87Applicability of Secs. 85 and 86 to weighers, etc., of particular commodities
§ 87AWeighers and measurers of motor vehicles and trailers; appointment
§ 87BRepealed, 1974, 851, Sec. 2
§ 88Weighers of fish
§ 89Deputy weighers of fish
§ 90Weighers of fish; penalty for violation of oath of office
§ 90AInterfering with fish weigher or deputies; penalty
§ 91Constables; appointment and removal in cities
§ 91AConstables; appointment in towns
§ 91BAppointments; qualifications; application; investigation
§ 92Service of civil process
§ 93Remedies on bond
§ 94Powers and duties
§ 95Territorial jurisdiction
§ 95AService of civil process fees
§ 95BRecords of service of civil process fees
§ 96Police officers; appointment; tenure; discharge
§ 96APersons disqualified
§ 96BPolice training schools; supervisory training; attendance by persons exercising police powers; wages and expenses; exceptions; removal for failure to attend
§ 97Police departments; establishment
§ 97APolice departments; chief of police; powers and duties
§ 97BRape reporting and prosecution units within police departments; training and funding; personnel; retention and preservation of forensic evidence
§ 97B1/2Notification 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
§ 97CSpecial telephone exchange for reporting of rape
§ 97DConfidentiality of reports of rape, sexual assault and domestic violence; access by victim and certain individuals in performance of their duties; violations; penalties
§ 97EChief of police; attendance at conventions
§ 97FFirefighter duties; performance by police
§ 98Powers and duties
§ 98AArrest on fresh and continued pursuit
§ 98BFoot patrol
§ 98CBadges; identification by name or number
§ 98DIdentification cards
§ 98EPublic solicitations using words “police” or “firefighters”
§ 98FDaily logs; public records; confidentiality of certain entries
§ 98GDomestic abuse; police reports
§ 98HSettlement agreements for professional misconduct by law enforcement officer; nondisclosure, non-disparagement or similar clauses
§ 99Requisition of police officers by other towns
§ 99AMembers of regular police or fire department and fire alarm division; residence outside city or town
§ 99BRegional police district law; purpose of Secs. 99B to 99K
§ 99CEstablishment
§ 99DTown elections for acceptance; ballots
§ 99EPowers and duties
§ 99FRegional police district commission; membership; officers
§ 99GBudget; apportionment; appropriations
§ 99HAnnual audits
§ 99ICosts and expenses; annual estimates; apportionment; assessment of towns
§ 99JRegional district police department; pending prosecutions; personnel transfers.
§ 99KRevocation of acceptance of regional police district law; town elections; ballot; continuity of district
§ 100Indemnification of police officers, firemen and persons aiding them; actions for intentional or negligent injuries inflicted upon same
§ 100ARepealed, 1978, 512, Sec. 10
§ 100BIndemnification of retired police officers and fire fighters
§ 100C to 100FRepealed, 1978, 512, Sec. 10
§ 100GPayment of funeral and burial expenses of fire fighters and police officers killed in performance of duties; acceptance of section
§ 100G1/4Payment of funeral and burial expenses of firefighters and police officers killed in performance of duties; acceptance of section
§ 100G1/2Attendance by police officers at police association or Massachusetts Coalition of Police executive board meetings; acceptance of section
§ 100HIndemnification of law enforcement officers for dogs used in connection with official duties
§ 100I, 100JRepealed, 1978, 512, Sec. 10
§ 101Commissioner of public safety; powers and duties
§ 101APolice officers or firefighters; tobacco smoking
§ 102Inspector of health
§ 102AAppointment in towns under three thousand population
§ 102BAppointment in towns of 5,000 or more inhabitants
§ 103Purchasing department; purchasing agent; duties and salaries
§ 104Establishment of purchasing department; submission to electorate
§ 105Board of trustees for soldiers' memorials; powers and duties; membership; tenure; vacancies; rules and regulations
§ 106Tree warden; appointment; term
§ 106ATown physician; appointment in certain towns
§ 106BCapital planning committee; establishment; duties
§ 107Oath of office; beginning of term
§ 108Compensation
§ 108AClassification of positions; compensation plans; rules and regulations
§ 108BAssessors and tax collectors in districts; compensation and expenses
§ 108CBy-laws pertaining to administration of personnel; consolidation
§ 108DFire fighters; minimum annual compensation
§ 108EPolicemen; schedule of minimum annual compensation
§ 108FFire fighters; schedule of minimum annual compensation
§ 108GPolicemen; alternate schedule of minimum annual compensation
§ 108HFire fighters assigned to photographic work; additional compensation
§ 108IPolicemen assigned to photographic or fingerprint identification work; additional compensation
§ 108JEqual pay of male and female employees
§ 108KFemale police officers; equality of compensation
§ 108LPolice career incentive pay program; salary increases; reimbursement of cities or towns
§ 108MPolice officers attending law enforcement courses at accredited college or university for degree; payment of salary; duty hours; agreement
§ 108NTown manager, administrator, executive secretary, or administrative assistant; employment contract
§ 108N1/2Employment contracts for appointed municipal treasurers, assessors or collectors
§ 108OEmployment contracts for police chiefs and fire chiefs
§ 108PAdditional compensation for collectors or treasurers
§ 109Resignation; notice; residence requirements
§ 109AFidelity bonds; payment of premiums
§ 110Authorization for holidays
§ 110AOffice hours on Saturday
§ 111Vacations of certain employees
§ 111AVacations for police and firemen
§ 111BSick leaves; accumulation
§ 111CAttendance by employee veterans at funerals or memorial services for veterans
§ 111DVacations for police and firemen
§ 111EVacation pay for terminated employees; conditions
§ 111FLeave with pay for incapacitated employees
§ 111GAdditional vacation time for longevity
§ 111G1/2Vacations; duration
§ 111HOvertime pay for police officers; conditions
§ 111ICompensation due deceased employees; disposition
§ 111JAttendance at veterans' conventions
§ 111KFiremen; summer vacations
§ 111LPolicemen and firemen; vacations; 20 years' service
§ 111MEmergency medical technicians; leave without loss of pay while incapacitated
§ 111NIndemnification of emergency medical technicians for certain expenses
§ 112Preference in public employment
§ 112AVeterans in unclassified positions; procedure for involuntary separation
§ 113Use of official ballots
§ 114Application of election laws
§ 115Nomination papers; filing; certificates of nomination
§ 116Duties of prudential committee and clerk in certain districts
§ 117District elections; provision for election equipment; liability for expenses
§ 118District elections; provision for forms, tally and vote sheets
§ 119District meetings; qualifications
§ 120Fiscal year of districts
§ 121District treasurers; qualifications
§ 122Temporary treasurer; appointment; bond
§ 123Temporary clerk; appointment; bond
§ 123AAssistant treasurers and assistant clerks; appointment; bond
§ 124Fire and water districts; appropriation for cost of water favorability studies
§ 125Temporary housing assistance plans
§ 126Definitions
§ 127Eligibility to apply for tenure; offices excepted; restrictions; duration of tenure; removal for cause
§ 128City offices; application statement; filing; approval procedure; denial, re-application time limit
§ 129Town offices; application statement; filing; approval procedure; denial, re-application time limit
§ 130Applicability of town tenure provisions to districts
§ 131City or town offices; application statement by head of department for tenure of its members; filing; approval procedure; denial, re-application time limit
§ 132Tenure limitations
§ 133Appointment and reappointment of police officers

§ 39B Repealed, 2016, 218, Sec. 56

Massachusetts General Laws c. 41

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