Massachusetts General Laws c. 41: Officers and Employees of Cities, Towns and Districts

Every town at its annual meeting shall in every year when the term of office of any incumbent expires, and except when other provision is made by law or by charter, choose by ballot from its registered voters the following town officers for the following terms of office:

A town clerk for the term of one or more years.

A town treasurer for the term of one or more years.

One or more collectors of taxes for the term of one or more years, unless the town votes otherwise or votes to authorize its treasurer to act as collector.

Three or more selectmen for the term of not more than three years, subject to the provisions of section twenty-one.

One or more assessors for the term of not more than three years.

One or more auditors for the term of one or more years, except where such office is abolished as provided in section fifty-five.

One or more highway surveyors for the term of one or more years; or one or more road commissioners for the term of one or more years.

One or more sewer commissioners for the term of one or more years if the town has provided for such officers, unless the town by vote authorizes its road commissioners to act as sewer commissioners.

A tree warden for the term of one or more years, unless the town by vote or by-law provides that he shall be appointed.

One or more constables for a term of one or more years, unless the town by vote provides that they shall be appointed.

Three or more members of the school committee for terms of not more than three years.

Three or more assistant assessors, if the town so votes, for the term of not more than three years.

Three or more members of the board of health for the term of one or more years if the town provides for such board, otherwise the selectmen shall act as a board of health.

All other town officers shall be appointed by the selectmen unless other provision is made by law or by vote of the town.

In any town or district in which the election date of the officers, authorized under this section, is changed, the officers currently serving shall continue to hold their offices until the appointment or election and qualification of their successors.

In any case where three or more members of a board are to be elected for terms of more than one year, as nearly one-third as may be shall be elected annually.

The provisions of this section or any of the following sections of this chapter which authorize or require the fixing of the terms of office of members of any board, commission or body in such a manner that all such terms would not expire at the same time shall not apply with respect to such board, commission or body after the town has voted under section two of chapter fifty-four A to elect the members thereof by the proportional representational method of election. In no case shall the term of any officer exceed five years.

Except as otherwise expressly provided, the word “district”, as used in this chapter, shall mean a fire, water, sewer, water pollution abatement, refuse disposal, light, or improvement district, or any other district, howsoever named, formed for the purpose of carrying out any of the aforementioned functions, whether established under general law or special act.

Any office or board, except the board of selectmen and the school committee, elected under the provisions of section 1 may become an appointed position or board by a majority vote of the annual or special town meeting and acceptance by the voters of the town at the annual town elections; provided, however, that any vote by a special town meeting taken under the provisions of this section shall take place at least 60 days prior to the acceptance of the voters at the annual town election. For purposes of this section, the positions of town treasurer and collector of taxes, elected pursuant to section 1, may be combined into 1 position and become an appointed position in the manner provided in this section. Such acceptance by the voters shall be in the form of the following question, to be placed on the official ballot:

Shall the town vote to have its elected (Title(s) of office or board) become an appointed (Title(s) of office or board) of the town? Yes ___ No ___

If a majority of votes cast in answer to said question is in the affirmative, said office or board shall become appointed in accordance with the provisions of this section.

Any incumbent of such office or board serving at the time of acceptance by the voters shall continue to hold said office and to perform the duties thereof until the expiration of the term for which said individual was elected or until said individual otherwise vacates such office; provided, however, that any individual elected to an office or board which becomes an appointed office or board at the same election, under the provisions of this section, shall hold said office and perform the duties thereof until the appointment to said office is otherwise made under the provisions of this section.

Such appointment shall be made by the board of selectmen for a term not to exceed three years, unless such mode of appointment or term is otherwise provided by law.

Where the town elects a new board or officer to perform the duties of an existing board or officer, the office of such existing board or officer shall terminate upon the qualification of the new board or officer. Where official ballots are used, the establishment of a new board or office, or the fixing of the term of office of town officers where such term is optional, or the increase or reduction of the number of members of a board, shall be determined at a meeting held at least sixty days before the annual town election. In towns not using official ballots the matter may be determined by vote at the annual meeting. Such vote shall continue in effect until rescinded. If a town votes to increase the number of members of any board, such increase shall be made by adding one or more to each class, to hold office according to the tenure of the class to which they are severally chosen, as will within three years effect it, and such vote to increase shall remain in force until the increase under it is accomplished. If a town votes to diminish the number of members of any board, such diminution shall be made by choosing annually such number as will within three years effect it, and a vote to diminish shall remain in force until the diminution under it is accomplished. If a town votes to reduce a board of three members to a single officer, such vote shall take effect at the following annual town meeting, and upon election and qualification of such officer the term of said board shall terminate; provided, however, that in towns where official ballots are used, unless the vote thus passed is more than sixty days before the annual town election, it shall not take effect until the next annual town election.

Officers of cities shall have the powers and be subject to the liabilities of the corresponding town officers, if no other provisions are made relative to them.

A town which does not choose selectmen or assessors shall forfeit such amount, not less than one hundred nor more than five hundred dollars, as the county commissioners of the county where the town is situated may order.

Except as otherwise expressly provided, a district board, if authorized by vote of the district at an annual district meeting, or a town board may, if authorized by vote of the town at an annual town meeting, appoint any member thereof to another town or district office or position for the term provided by law, if any, otherwise for a term not exceeding one year. The salary of such appointee shall be fixed by vote of the town or district, notwithstanding the provisions of section one hundred and eight. In this section, the word “town” shall not include city.

The voting list shall be used and the name of every person voting shall be checked thereon, in the election of all town officers whose election is by law required to be by ballot; but in the election of other town officers, the meeting shall determine whether the voting list shall be used.

A town may, at a town meeting, vote that official ballots as defined in section one of chapter fifty shall thereafter be used therein; and may, at the annual town meeting or at a meeting held at least thirty days before the annual town meeting, by a two thirds vote rescind such action. In town elections at which official ballots are used, nominations for town officers elected by ballot shall be made, ballots and other apparatus therefor provided, and elections of such officers conducted, in accordance with chapters fifty to fifty-six, inclusive, so far as applicable.

If a town votes that official ballots shall be used for the election of town officers, it shall at the same meeting determine what officers, in addition to those required to be elected by ballot, shall thereafter be chosen by official ballot, and determine the number and terms of office, if not already fixed. No change shall thereafter be made in the officers to be chosen by official ballot, or in the number or terms of office thereof, except at a meeting held at least sixty days before the annual meeting at which such change is to become operative.

At any meeting for the choice of town officers in a town not using official ballots, no ballots shall be received by the moderator unless presented for deposit in the ballot box, open and unfolded, by the voter in person, and so that the moderator can know that only one ballot is presented. No moderator or other election officer shall, before the polls are closed, read, examine, or permit to be read or examined, the names contained upon any ballot.

If the town clerk, selectmen, assessors, treasurer, collector of taxes and school committee are voted for on one ballot, the moderator shall cause all such ballots, when canvassed and counted, and record thereof has been made, publicly to be enclosed in envelopes, which shall be sealed and endorsed, and certified in the manner required by section one hundred and seven of chapter fifty-four.

If there is a failure at an election to choose a town officer, except a selectman, or if a person chosen shall not accept such office, or if a vacancy shall occur, the town may at any meeting elect a person to such office.

If, at an election of town officers for which official ballots are used, there is a failure to elect a town officer, he may be elected at an adjourned or succeeding meeting; and ballots shall be prepared and furnished for such meeting, containing the nominations already made and such as may subsequently be made for the office.

The proceedings in such election and the qualifications of a person to be elected or appointed in case of failure to elect, refusal to accept or vacancy shall be the same as in an original election.

If there is a failure to elect or a vacancy occurs in the office of selectman, the remaining selectmen or selectman may call a special election to fill the vacancy and shall call such election upon the request in writing of two hundred registered voters of the town, or twenty per cent of the total number of registered voters of the town, whichever number is the lesser; provided, that such request is filed with them or him not less than one hundred days prior to the date of the next annual election.

If there is a resignation of a town officer creating a vacancy at some later time certain, and such resignation is filed with the town clerk in accordance with the provisions of section one hundred and nine, said town clerk shall certify a vacancy shall occur at the later time certain and the board of selectmen may call a special election as provided in this section; provided, however, that no such election may be held prior to the effective date of the resignation creating such vacancy.

No election shall be held for any office pursuant to this section unless the selectmen file with the town clerk notice of an election for such office not less than fifteen days before the last day to submit nomination papers to the registrars of voters for certification, before the election or any preceding primary, caucus, or preliminary election.

As used in this section, the term “vacancy” includes a failure to elect. If a vacancy occurs in any town office, other than the office of selectman, town clerk, treasurer, collector of taxes or auditor, the selectmen shall in writing appoint a person to fill such vacancy. If there is a vacancy in a board consisting of two or more members, except a board whose members have been elected by proportional representation under chapter fifty-four A, the remaining members shall give written notice thereof, within one month of said vacancy, to the selectmen, who, with the remaining member or members of such board, shall, after one week's notice, fill such vacancy by roll call vote. The selectmen shall fill such vacancy if such board fails to give said notice within the time herein specified. A majority of the votes of the officers entitled to vote shall be necessary to such election. The person so appointed or elected shall be a registered voter of the town and shall perform the duties of the office until the next annual meeting or until another is qualified.

In cities which accepted chapter three hundred and thirty-two of the acts of nineteen hundred and one, the term of office of the city clerk shall be three years from the date of his election or appointment, except that in cities required to elect a city clerk in December his term shall be three years from the beginning of the next municipal year. In either case the clerk shall serve until the qualification of his successor unless sooner removed; and a person appointed to fill a vacancy in the office of city clerk shall hold the office until the end of the unexpired term of his predecessor.

Every town clerk shall, within ten days after his election and thereafter, at intervals of not more than one year, so long as he continues to hold said office, give bond to the town for the faithful performance of his duties, in a form approved by the commissioner of revenue and in such sum, not less than the amount established by said commissioner, as shall be fixed by the selectmen. If he does not give bond as herein required the selectmen may declare the office vacant and fill the vacancy in the manner prescribed in section fourteen.

Each city clerk, except in Boston, shall, within ten days after his qualification, give bond to his city with a surety company authorized to transact business in the commonwealth as surety, in a form approved by the commissioner of revenue and in such sum, not less than the amount established by said commissioner, as shall be fixed by the mayor and aldermen, conditioned faithfully to account for all fees received by him for licenses and duplicates thereof for which he is required by law to account, and for the payment over in accordance with law of all such fees, less such sums, if any, as he is allowed by law to retain therefrom.

In a city in which the board of aldermen or city council is the licensing authority such board or council may delegate from time to time to the city clerk of such city, subject to such conditions and limitations as it may impose, the powers vested in such board or council to renew licenses or permits authorized to be renewed under the provisions of chapter one hundred and forty, or of any other general or special law.

If the office of city clerk is vacant, or if a city clerk is unable to perform the duties required by chapters fifty to fifty-six, inclusive, the mayor shall appoint a temporary clerk to perform such duties. If at a town meeting the office of town clerk is vacant, or if the town clerk is absent, the meeting shall elect by ballot a temporary clerk. The selectmen, or in their absence three persons chosen at the meeting in such manner as the voters present shall determine, shall receive and count the votes and declare the election of such clerk. If in case of a vacancy other duties than those required of a town clerk at a town meeting are to be performed, or if he is unable to perform such duties, the selectmen may in writing under their hands appoint a clerk for the performance thereof, who shall be sworn and shall, in the performance of such duties, have the same powers and be subject to the same requirements and penalties as the town clerk, and he shall immediately make a record of his election or appointment. A temporary clerk appointed under this section shall not be required to be a resident nor a registered voter of the city or town.

The town clerk shall record all votes passed at town meetings held during his term of office. He shall administer the oaths of office to all town officers who apply to him to be sworn, and shall make a record thereof and of the oaths of office taken before justices of the peace of which certificates are filed. He shall, immediately after every annual election of town officers, transmit to the state secretary, on blanks to be furnished by him, a complete list of all town officers elected and qualified and shall promptly report to the secretary any changes in such officers. He shall, except in the county of Suffolk, within seven days after the qualification of a constable make return of his name to the clerk of the courts and to the sheriff of the county. He shall make and keep an index of instruments entered with him required by law to be recorded, which shall be divided into five columns, with appropriate headings for recording the date of reception, the names of parties and the book and page on which each instrument is recorded. It shall be open to public inspection.

City and town clerks and clerks of districts shall, as soon as an order or vote appropriating money becomes effective, certify, in a city to the treasurer, assessors and auditor or similar officer, and in a town to the assessors and the town accountant, if any, otherwise to the treasurer, and in a district to the assessors and the accounting officer, if any, otherwise to the treasurer, each appropriation in detail, and the provisions made for meeting the same, if specified in the appropriation order or vote.

A justice of the peace administering the oath of office to any town officer shall, within seven days thereafter, return to the town clerk a certificate thereof.

Every officer of a city who makes or executes a contract on behalf of the city shall furnish said contract or a copy thereof to the city clerk and the city auditor within one week after its execution; and the city clerk shall keep such contract or copy on file, open to public inspection during business hours. Such contracts or copies shall be kept in a book by themselves or in several books, arranged according to the subject of the contract, or in other convenient form, and an index to the subject matter of the contracts and to the names of the contractors shall be made semi-annually, and shall also be open to public inspection in some convenient form. All allowances under and additions to such contracts, or copies thereof, shall be filed with the city clerk and the city auditor, together with a sworn statement of the officer making such allowances or additions that the same are correct and in accordance with the contract. A city clerk or other city officer failing to comply with this section shall be punished by a fine of not less than ten nor more than one hundred dollars.

A city may by ordinance establish the office of assistant city clerk, and prescribe the manner of his appointment and his powers and duties. His certificate or attestation shall have the same effect as that of the city clerk.

The records of the city clerk of a city may be attested by the volume and it shall be deemed to be a sufficient attestation of each and all of the records contained therein when a volume of said records bears the attest with the written signature of the city clerk or of the assistant city clerk duly appointed under the provisions of section eighteen.

A facsimile of the signature of a city clerk or of a duly appointed assistant city clerk, imprinted by either of them upon any original instrument in attestation of the fact that the said instrument has been recorded in the city clerk's office, shall have the same validity as the written signature of either of them.

The town clerk may in writing appoint an assistant clerk, who shall be sworn to the faithful performance of his duties; and a record shall be made of the appointment and oath. The assistant town clerk shall, in the absence of the clerk, perform his duties and have the powers and be subject to the requirements and penalties applicable to him, unless a temporary clerk is elected or appointed pursuant to section fourteen. Such duties and powers shall include acting as clerk of the board of registrars of voters, in a town where the town clerk performs this function; provided, that equal representation of the two leading political parties on said board, in accordance with section eighteen of chapter fifty-one, is not affected thereby. In towns having five thousand or more inhabitants an assistant clerk appointed under authority of this section shall not be subject to chapter thirty-one. An assistant clerk appointed under this section shall not be required to be a resident nor a registered voter of the town.

Upon the appointment or election of a clerk or an assistant or temporary clerk of a city, town or district, or upon the appointment of a secretary or temporary secretary of a regional school district, the officer making the appointment, otherwise the president of the city council of such city, the chairman of the board of selectmen of such town, the chairman of the prudential committee, if any, otherwise the chairman of the commissioners of such district, or the chairman of the regional district school committee shall execute and file with the state secretary a certificate of such appointment or election, which shall specify the date thereof and the date of the expiration of the term of office, if any, otherwise that the tenure of office is unlimited, and which shall have appended thereto a statement signed by the person appointed or elected that he has entered upon the duties of such office. Upon presentation to the state secretary of a paper attested by any person as the holder of any such office, said secretary shall have authority to certify that such person is the holder thereof and attest to the genuineness of his signature.

Every city or town clerk under age seventy duly elected or appointed, except a temporary clerk, who has served therein continuously not less than five years, shall, notwithstanding any contrary provision of general or special laws, hold office during good behavior until he has attained age seventy in any city or town in which this section is accepted as hereinafter provided, but subject, however, to retirement under the provisions of any applicable general or special law relative to retirement systems.

In cities, and in any town using official ballots, acceptance of the provisions of section nineteen B shall be by vote in answer to a question placed on the official ballot at a regular city or town election as hereinafter provided; and in towns not using official ballots at town elections, such acceptance shall be by vote at an annual town meeting.

If there is filed with the clerk of a city or town a petition requesting the acceptance of the provisions of section nineteen B containing the signatures of not less than five thousand registered voters or of five per cent of the registered voters of such city or town, whichever is the lesser number, such question shall be submitted for acceptance to the registered voters at the next regular annual or biennial city election or the next annual town election or annual town meeting, as the case may be, which occurs more than sixty days after the filing of such petition.

All such petitions shall bear the endorsement thereon of the names and addresses of three registered voters designated as filing the same. The provisions of law relative to the signing of nomination papers of candidates for elective office and to the identification and certification of names thereon, submission to the registrars therefor and filing objections thereto shall apply, so far as apt, to petitions filed under this section. The registrars of voters shall within five days after such submission ascertain by what number of registered voters such petition has been signed, and shall make and certify a statement of their determination in detail, setting forth such number and whether or not the same has been signed by the number of registered voters herein required, and shall attach such statement to said petition.

If such petition bears the signatures of registered voters in the number herein required, as shown by the statement of the registrars of voters, and has been filed seasonably with the city clerk or with the town clerk of any town using official ballots, and the said clerk finds the same to be in order, he shall cause the following question to be printed on the official ballot to be used for the election of city or town officers, at such regular city or town election, as the case may be:— “Shall the (city) (town) vote to accept the provisions of section nineteen B of chapter forty-one of the General Laws and thereby provide permanent tenure for (name of incumbent), the present incumbent in the office of (city) (town) clerk?”

If a majority of the votes in answer to said question is in the affirmative and the incumbent's term is a continuing one or if the incumbent's term is expiring and he was re-elected, then said section shall thereupon take full effect in said city or town, but not otherwise.

After the acceptance of the provisions of section nineteen B in any city or town, the incumbent city or town clerk shall not be removed from office, lowered in rank, or suspended, except for just cause, and for reasons specifically given him in writing by the city council or board of aldermen or other appointing authority as the case may be, in the case of cities, or by the board of selectmen in the case of towns. Before any action affecting employment is taken, the said clerk shall be given a full hearing before the appropriate board as referred to in the preceding sentence, of which hearing he shall have at least five days' written notice, exclusive of Sundays and holidays, from said appropriate board, and he shall be allowed to answer charges preferred against him either personally or by counsel. He shall be notified in writing within three days after the hearing of the decision of said board, stating fully and specifically the reasons for removal or suspension.

Within thirty days after the date of the decision of said board following a hearing as set forth in the preceding paragraph, any city or town clerk who was removed, lowered in rank, or suspended, may bring a petition in the district court within the judicial district in which such clerk resides, praying that the action of said board in removing, lowering him in rank, or suspending him, as the case may be, may be reviewed by the court, and, after such notice in writing to the board which has ordered such removal, lowering in rank, or suspension, as the court deems necessary, it shall hear witnesses, review such action and determine whether or not upon all the evidence such action was justified. If the court finds that such action was justified, the action of the said city council, board of aldermen or board of selectmen, as the case may be, shall be affirmed; otherwise, it shall be reversed and the petitioner shall be reinstated in his office without loss of compensation.

In any city or town in which the clerk has been given permanent tenure by the acceptance of the provisions of section nineteen B, such tenure in office shall be effective only during the incumbency of the person who held such office at the time said section was accepted and it shall not extend to his successor in office. Whenever any vacancy shall occur in the office of city or town clerk in any city or town by reason of the death, retirement, resignation, attaining age seventy or removal of an incumbent who had been given such tenure, his successor, in the case of cities, shall be appointed, or elected as provided by the charter of such city or by the applicable provisions of any general or special law in effect at the time such vacancy occurs; and, in the case of towns, his successor shall be elected in accordance with the provisions of section one of chapter forty-one of the General Laws. Whenever such vacancy occurs in the office of clerk in any town, or in any city in which it is provided by law or by its charter that the city clerk shall be elected by popular vote at a regular election, a temporary clerk may be appointed as provided by section fourteen of said chapter forty-one to serve until the qualification of such duly elected city or town clerk as shall be elected at the next regular annual or biennial election at which such officer shall be elected.

Nothing herein contained, however, shall be construed to prohibit any successor in such office of city or town clerk from obtaining tenure after serving continuously not less than five years by the filing of another petition requesting acceptance of section nineteen B and its acceptance by the registered voters as set forth in section nineteen C.

In any city which accepts this section, the city clerk shall, if in said city, he is required by statute or ordinance to serve as clerk of the city council, and notwithstanding any provision of section thirty-three A of chapter forty-four or any other general or special law to the contrary, be paid for such services, a salary of a minimum amount of one thousand dollars but not more than four thousand dollars, which shall be in addition to any other compensation to which he may be entitled as clerk of such city.

A clerk of a city or town who also serves as a member of its board of registrars of voters shall, in addition to any compensation to which he may be entitled as city or town clerk, receive the sum of fifty dollars, and, if the number of registered voters exceeds one thousand, an additional fifty dollars for each additional thousand of registered voters or major fraction thereof, provided, however, that the total payment for such service as a member of said board shall not exceed fifteen hundred dollars in any year, except as provided in section nineteen H.

Notwithstanding the limitation contained in section nineteen G, in a city or town which accepts this section the total amount of additional compensation payable to its clerk who also serves as a member of its board of registrars of voters shall not exceed two thousand dollars.

Notwithstanding the provisions of chapter two hundred and sixty-eight A, any clerk of a city or town who also serves in any other position for such city or town may in addition to any compensation to which he may be entitled as such city or town clerk receive such additional compensation for such additional services as the selectmen, town meeting, town council or mayor and city council may provide.

Notwithstanding the provisions of sections nineteen G and nineteen H, a city or town which accepts this section may compensate a clerk of a city or town who also serves as a member of its board of registrars of voters, in addition to any compensation to which such clerk is entitled as city or town clerk, a sum not less than fifty dollars but not to exceed one hundred dollars, and, if the number of registered voters exceeds one thousand, an additional sum not less than fifty dollars but not to exceed one hundred dollars for each additional thousand of registered voters or major fraction thereof; provided, however, that the total payment for such service as a member of said board shall not exceed four thousand dollars in any year.

In any town, that accepts this section, a town clerk who has completed the necessary courses of study and training, and has been awarded a certificate by the Massachusetts Town Clerks' Association as a certified Massachusetts municipal clerk, shall receive as compensation from such town, in addition to the regular annual compensation paid by such town for services in such office, an amount equal to 10 per cent of such regular annual compensation, but not more than $1,000 per year. In order to qualify for such additional compensation, a town clerk shall submit to the board of selectmen of such town proof of the award of such certificate. The additional compensation provided in this section shall be prorated for any 12 month period in which an eligible person does not hold the office of town clerk for 12 consecutive months. Such additional compensation shall discontinue when certification is discontinued or withdrawn.

Selectmen shall, upon the receipt and approval of the bond of a collector of taxes or treasurer, give written notice thereof to the assessors. The selectmen shall be assessors of taxes in towns which have not authorized the election of such officers; and before acting as assessors they shall take the oath required of assessors. A person elected a selectman who enters upon the performance of his duties before taking the oath of office shall forfeit not more than one hundred dollars.

By vote of a town meeting called for the purpose in any town at least sixty days before an annual meeting, or upon request by petition of ten per cent of the qualified voters of any town filed with the selectmen thereof at least sixty days before an annual town meeting, asking that the selectmen act as a water and sewer board, water commissioners, water and municipal light commissioners, municipal light board, sewer commissioners, park commissioners, board of public works, board of health, assessors, or commission of public safety, or perform the duties of such boards or officers or any of them or that cemetery commissioners, assessors, a superintendent of streets, a chief of the police and fire departments or board of health be thereafter appointed by the selectmen, the selectmen of such town shall include in the warrant for such annual meeting for submission to the voters such question or questions in the following form, to be placed on the official ballot in towns using such ballot:—

If a town, in which the selectmen are elected for terms of one year, shall vote in accordance with this section that its selectmen shall act as or perform the duties of any of the aforesaid boards or officers, it shall, at the next annual meeting, elect one selectman for one year, one for two years and one for three years, or, if five are to be elected, one for one year, two for two years and two for three years, and thereafter in either event shall elect them for terms of three years. Upon the election and qualification of the selectmen at such next annual meeting, and upon the appointment and qualification by oath of the officers herein authorized to perform the duties of any existing town board or officer, the term of office of such existing board or officer shall thereupon terminate, and all the duties, powers and obligations of said boards and officers shall be transferred to and imposed upon their successors.

In any city or town which accepts the provisions of this section, any person who is appointed to the position of chief of police or head of the municipal police department in a city, town, or district, shall not be removed from such position until a hearing is held by the appointing authority. For the purpose of this section only failure of reappointment shall be deemed to be a removal. The provisions of this section shall apply only to persons appointed to such positions under the provisions of section twenty-one.

Officers appointed by authority of a vote under the preceding section shall hold office until removed by the selectmen, and shall receive such salary as the selectmen may determine, subject to the appropriations of the town therefor; and any vacancies existing in any of said offices under the supervision and control of the selectmen shall be filled in the manner of an original appointment.

A town may, after a vote under section twenty-one has been in effect therein for a period of not less than three years, by a vote at a meeting held at least sixty days before the annual town election, rescind such action in whole or in part and thereupon such town shall, at the next town election, nominate and elect such officers as are necessary to carry out the duties exercised in accordance with section twenty-one by the board of selectmen or officers appointed by them. Such officers, when to be elected for three year terms, if members of a board of three or more, shall be nominated and elected for one, two or three years respectively, and thereafter for the term of three years, and upon their election and qualification shall have all the duties and obligations imposed upon them by law.

A town may by vote or by-law authorize and empower the selectmen to appoint an executive secretary or town administrator who may be appointed by them for a term of one or three years and to remove him at their discretion. An executive secretary or town administrator appointed under the provisions of this section shall be sworn to the faithful performance of his duties. During the time that he holds office he shall hold no elective town office, but he may be appointed by the selectmen or, with their approval, by any other town officer, board, committee or commission, to any other town office or position consistent with his office. He shall receive such aggregate compensation, not exceeding the amount appropriated therefor, as the selectmen may determine. He shall act by and for the selectmen in any matter which they may assign to him relating to the administration of the affairs of the town or of any town office or department under their supervision and control, or, with the approval of the selectmen, may perform such other duties as may be requested of him by any other town officer, board, committee or commission.

The selectmen of any town may make an investigation into the conduct and operation of any town department. Upon completion of such investigation a report shall be submitted to the town clerk and such report shall be printed in the annual town report.

No person shall be authorized by vote of a town to act on behalf of the board of selectmen unless the vote provides that such person shall be appointed and may be removed by said board.

A city by ordinance and a town by by-law may provide for the establishment of a municipal data processing center for the use of any department, office, board, committee or agency of the city or town, including the school committee and any public authority or special district within the town and for the appointment of a data processing coordinator.

The data processing center shall be under the supervision and control of the coordinator and shall provide programs or systems for the collection, processing, storage and retrieval of information, and the preparation of reports.

Such ordinance or by-law may provide for the establishment and duties of an advisory board to assist the coordinator in planning and scheduling the use of the data processing center.

The coordinator may also serve in any other public office or position in the city or town, notwithstanding any provision of any general or special law to the contrary. The office or position of coordinator shall not be subject to the provisions of chapter thirty-one.

There shall be one, three, five, seven or nine assessors in every city and one, three or five assessors in every town. The assessors in every city and town shall be elected or appointed as otherwise provided by law; but as nearly one third of their number as may be shall be elected or appointed annually, each to hold office for three years and thereafter until his successor is duly elected or appointed. As soon as may be after such annual election or appointment, the assessors of every city and town shall organize by choosing one of their number as chairman and another as secretary or clerk of their board. None of the foregoing provisions shall apply to the city of Boston. In no city or town, including Boston, shall an assessor hold the office of collector of taxes or deputy collector of taxes, whether said deputy is appointed under the provisions of section thirty-seven of this chapter or section ninety-two of chapter sixty.

In towns which accept this section or have accepted corresponding provisions of earlier laws, the selectmen shall appoint suitable citizens of the town assessors for a term of not more than three years, and may remove them at any time for cause after a hearing. Upon the qualification of persons so appointed the term of existing assessors of such town shall terminate.

The assessors may appoint as assistant assessors such number of suitable citizens as they deem necessary, and may remove them. Such assistant assessors shall perform such duties as the assessors may require for such time as they may determine and shall receive compensation only for duties performed as so required. Every such assistant assessor shall hold office for the period of one year from the date of his appointment, unless sooner removed; provided, that, in the case the assessors fail to appoint a successor to any such assistant assessor during the month preceding the expiration of his term, he shall continue to serve during the following period of one year, unless sooner removed. This section shall apply in all cities and towns, except Boston, notwithstanding any provision of special law.

If a town votes under section twenty-one to have its selectmen appoint a board of assessors, the selectmen shall thereupon appoint three or five suitable persons as assessors, who shall act as assessors of the town and shall have all necessary powers therefor.

The assessors, or selectmen acting as assessors, may employ counsel at the expense of the city or town in all proceedings under chapter fifty-eight A; provided, that if such city or town maintains a city solicitor or town counsel the assessors, or selectmen acting as assessors, shall not employ other counsel but shall use such solicitor or counsel therefor, whose expenses incurred shall be paid from his general appropriation. The foregoing restriction on the right of the assessors to employ counsel for such purpose shall not apply in case the town has made an appropriation covering the employment of counsel therefor.

Assistant assessors shall, in their respective districts, assist the assessors in estimating the value of the real and personal estate in such districts, and in the performance of such other duties as the assessors require.

Any person chosen to assess taxes or to determine or to assist in determining the value of property for the purpose of taxation shall, before entering upon the performance of his duties, take the following oath:

I, having been chosen to assess taxes and estimate the value of property for the purpose of taxation for the town (or city) of for the year (or years) ensuing, do swear that I will truly and impartially, according to my best skill and judgment, assess and apportion all such taxes as I may during that time assess; that I will neither overvalue nor undervalue any property subject to taxation, and that I will faithfully perform all the duties of said office.

If he neglects to take such oath before entering upon the performance of his duties, he shall forfeit not more than fifty dollars.

Any person chosen to determine the valuation of property for the purpose of taxation who, in order that the taxpayers may escape payment of their just proportion of any state or county tax or in order to evade any law limiting municipal indebtedness or the rate of taxation to a percentage of valuation or for any other fraudulent or corrupt purpose, knowingly fixes the valuation of any property at a smaller or greater amount than its full and fair cash value, or who causes an abatement to be made otherwise than is provided by law, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than six months, or both.

A vacancy in the office of assessor shall not divest or suspend the authority and powers of the remaining assessors, notwithstanding any provision of special law making mandatory the filling of vacancies.

Whenever the assessor, in any communication, document or writing intended for use outside his department, identifies a husband and wife, he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name.

Every town treasurer shall give bond annually for the faithful performance of his duties in a form approved by the commissioner of revenue and in such sum, not less than the amount established by said commissioner, as shall be fixed by the selectmen or the mayor and aldermen, and if he fails to give such bond within ten days after his election or appointment, or if within ten days after the expiration of said bond or any renewal of said bond he fails to file a renewal thereof, the selectmen or the mayor and aldermen shall declare the office vacant and the vacancy shall be filled in the manner prescribed by section forty or sixty-one A, as the case may be. He shall receive and take charge of all money belonging to the town, and pay over and account for the same according to the order of the town or of its authorized officers. No other person shall pay any bill of any department; provided, however, this provision shall not prohibit the treasurer from paying such bill by the use of bank treasurer's or cashier's check. He shall have the authority given to an auditor by section fifty-one, and shall annually render a true account of all his receipts and disbursements and a report of his official acts. The bond required herein shall cover the duties of the treasurer with respect to trust funds and funds of retirement systems which are in his custody by virtue of his office, and any such funds, for the purposes of said bond, shall be deemed to be public funds.

He may in his own name and official capacity prosecute actions upon bonds, notes or other securities given to him or to his predecessors in office; and unless otherwise provided, he or the chief or superintendent of police or other police officer of the town may prosecute for trespasses committed in or on any public building or enclosure belonging to or within the town. If a public building or enclosure is owned in part by the town and in part by the county, such prosecution may be instituted by the treasurer of either the town or the county.

A town may authorize its collector of taxes to use all means of collecting taxes which a town treasurer may use when appointed a collector of taxes.

Notwithstanding any general or special law to the contrary, a city or town may by ordinance, by-law or vote provide that the collector of taxes shall be authorized to collect, under the title of city or town collector, any accounts due the city or town and may in like manner define the collector of taxes' powers and duties in relation to the collection of such accounts; provided, however, that no such ordinance, by-law or vote shall limit such collector in the exercise of the remedies hereinafter conferred. Such a collector shall in the collection of such accounts have all the remedies provided by sections thirty-five, thirty-six and ninety-three of chapter sixty for the collection of taxes on personal estate. This section shall not apply to the collection of interest on investments of sinking or trust funds. All bills for accounts due the city or town shall state that all checks, drafts or money orders shall be made payable to or to the order of the city or town and not to or to the order of any officer, board or commission.

Whenever the collector of taxes, in any communication, document or writing intended for use outside his department, identifies a husband and wife, he shall use the name of both husband and wife and shall not use a legal phrase as a substitute for either name.

If a person appointed to collect taxes in a town refuses to serve, or if no person is elected or appointed a collector of taxes, the constables of the town shall be the collectors of taxes.

The treasurer of a city or town may in writing appoint, with the approval of the mayor or the selectmen thereof, an assistant treasurer who may be an employee in the treasurer's department. The assistant treasurer shall be sworn to the faithful performance of his duties, and a record shall be made of his appointment and oath. The assistant treasurer shall be a citizen of the United States and shall give bond annually for the faithful performance of his duties in a form approved, and in an amount determined, by the commissioner of revenue. Unless a temporary treasurer is appointed in accordance with law, the assistant treasurer may, in the absence of the treasurer, perform his duties and when performing such duties shall have the powers and be subject to the requirements and penalties applicable to him. The person appointed as assistant treasurer may receive a salary from the city or town for service as such.

The collector of a city or town may in writing appoint, with approval of the mayor or the selectmen thereof, an assistant collector who may be an employee in said collector's department. The assistant collector shall be sworn to the faithful performance of his duties, and a record shall be made of his appointment and oath. The assistant collector shall be a citizen of the United States and shall give bond annually for the faithful performance of his duties in a form approved, and in an amount determined by the commissioner of revenue. Unless a temporary collector is appointed in accordance with law, the assistant collector may, in the absence of the collector, perform his duties and when performing such duties shall have the powers and be subject to the requirements and penalties applicable to him; provided, however, that the assistant collector shall not be authorized to sign for the collector instruments of taking pursuant to section fifty-four of chapter sixty. The person appointed as assistant collector may receive a salary from the city or town for service as such.

If the office of town treasurer, town collector of taxes, town accountant or auditor in a town having but one is vacant or if any such officer, because of disability or absence, is unable to perform his duties, the selectmen may in writing signed by them or by a majority of them, which shall be filed in the office of the town clerk, appoint a temporary officer to hold such office and exercise the powers and perform the duties thereof until another is duly elected or appointed and has qualified according to law or the officer who was disabled or absent resumes his duties. Any such temporary officer shall be sworn and give bond for the faithful performance of his duties in accordance with the provisions of law applying to the officer whose place he fills, and if he fails so to do within ten days after his appointment the selectmen shall rescind the appointment and appoint another. If a tree warden, highway surveyor, or road commissioner in a town having but one road commissioner, because of disability or absence, is unable to perform his duties, the selectmen may, in like manner, appoint a temporary officer to hold his office, who shall have like powers and duties until such tree warden, highway surveyor or road commissioner resumes his duties or his successor is elected or appointed, as the case may be. This section shall not apply to cities.

No treasurer or other fiscal officer of any town or city shall pay any salary or compensation to any person in the service or employment of the town or city unless the payroll, bill or account for such salary or compensation shall be sworn to by the head of the department or the person immediately responsible for the appointment, employment, promotion, or transfer of the persons named therein, or, in the case of the absence or disability of the head of the department or of such person, then by a person designated by the head of the department and approved by the board of selectmen in towns, and by the mayor in cities, or by the city manager in cities operating under a Plan D or Plan E charter. Except as otherwise provided in a collective bargaining agreement, the treasurer or other fiscal officer may pay the payroll to an employee on a biweekly or semimonthly basis. A commission, committee or board of trustees in a city or town, including a city council, board of aldermen or common council in a city, may for purposes of this section designate any one of its members to make oath to a payroll, bill or account for salary or compensation of its members or employees. This provision shall not limit the responsibility of each member of any such body in the event of a noncompliance with this section.

Notwithstanding the provisions of section thirty-five, the treasurer of a city or town may deliver or cause to be delivered to the head of a municipal department or his designee the payroll checks for the employees of such department, with the approval of the board of selectmen in towns, and of the mayor in cities, or of the city manager in cities operating under a Plan D or Plan E charter.

The treasurer of any city, town or district which accepts this section may pay salaries, wages, or other compensation to any person in the service of such city, town or district by means of deposits to a deposit account or accounts of such person in any one or more savings or cooperative banks, trust companies, or credit unions incorporated in or chartered by the commonwealth; in any one or more national banking associations, federal savings or loan associations or federal credit unions located in the commonwealth; in any one or more banking companies or Morris Plan companies subject to chapter one hundred and seventy-two A; or any one or more savings or loan associations under the supervision of the commissioner of banks; provided, that such person has specifically authorized such deposits, and provided further, that if such deposits are made initially to accounts established for such persons in any one such bank, trust company, credit union, or association, the depository shall have agreed with the treasurer on terms satisfactory to the treasurer for the immediate direct transfer of such deposit to any other such bank, trust company, credit union, or association designated by each such person.

The treasurer of any city or town may deduct from the pension or retirement allowance of a retired employee of that city or town such sum as such retired employee may specify in writing and shall transmit the same to a credit union designated by such retired employee.

Every such pay roll, bill or account shall contain the following information: First, full name of each employee; second, title of office or position authorized by the division of personnel administration wherever applicable, otherwise title authorized by appointing authority; third, salary, wages or other compensation; fourth, dates of employment.

Each appointing, employing or other officer, who wilfully refuses or neglects to comply with any provision of the two preceding sections shall be punished by a fine of not less than twenty-five nor more than one hundred dollars.

If it appears to the mayor and city council of a city or the selectmen of a town, upon petition of the collector of taxes or the treasurer, that an action or suit has been brought against him for damages resulting from his acts as collector or as treasurer, as the case may be, wherein an attachment has been made of the goods, estate, effects or credits of such collector or such treasurer, by trustee process or otherwise, or the disposition of his property has been restricted by injunction and that such acts were performed in good faith, without negligence, and in the belief that he was acting in the interest of the city or town, the city solicitor or town council shall be required by said mayor and city council or selectmen to defend the action or suit or, in case of a town having no town counsel, an attorney shall be employed by the selectmen to defend such action or suit, and the mayor or chairman of the board of selectmen, as soon as may be, shall execute a certificate setting forth the findings of the mayor and city council or selectmen upon such petition and shall cause such certificate to be filed in the court in which such action or suit is pending, and, in the case of attachment of real property, shall cause a certified copy of such certificate to be filed in the registry of deeds for the district in which the property is situated, or, in the case of registered land, in the office of the assistant recorder of the land court for said district, and, in the case of attachment of goods, estate, effects or credits by trustee process, shall cause a certified copy of such certificate to be served upon the trustee thereof, and, in the case of attachment of personal property by mesne process, shall cause a certified copy of such certificate to be served upon the officer who made the attachment of said property, and thereupon any such attachment shall be dissolved by operation of law and any such injunction shall be dissolved by order of the court upon motion. Upon presentation to the treasurer of a city or town by an officer qualified to serve civil process of an execution or attested copy of a decree issued or made against the collector or against the treasurer in an action or suit in which an attachment or injunction has been so dissolved, the treasurer, after an appropriation therefor has been voted to be raised by taxation or from available funds, shall pay the amount payable under said execution or decree. If the tax rate for the current year shall have been fixed the city or town by a two thirds vote may incur debt, within the limit of indebtedness prescribed in section ten of chapter forty-four and subject to the pertinent provisions of said chapter, payable within one year, for the purpose of paying the amount of the execution or decree.

A city or town having a sinking fund as provided in section forty-seven of chapter forty-four shall elect each year for terms of three years the number of sinking fund commissioners equal to the number whose term then expires. In towns they shall be elected by ballot at town meeting, and in cities by concurrent vote of both branches of the city council. In case of a vacancy the remaining member or members shall exercise the powers of the board until the vacancy is filled. The city or town treasurer shall not be eligible as a commissioner, and the acceptance by a commissioner of the office of treasurer shall render his former office vacant. The foregoing provisions as to the mode of electing commissioners shall not apply to boards of sinking fund commissioners which were established before the thirteenth day of June in the year eighteen hundred and seventy-five. The commissioners shall choose a treasurer, who may be the city or town treasurer; and if the city or town treasurer is chosen his bond shall apply to and include duties performed as treasurer of the sinking fund. If any other person is chosen treasurer he shall give a bond, with sureties, to the satisfaction of the commissioners, for the proper performance of his official duties. The commissioners may also choose a secretary.

Any city or town, except Boston, may create a board of commissioners of trust funds, consisting of three persons who shall have the management of all trust funds given or bequeathed for the benefit of the town or the inhabitants thereof, unless the donor in making the gift or bequest shall otherwise provide. In cities the commissioners shall be appointed by the mayor and confirmed by the council. In towns they shall be elected in the same manner as other town officers. At the time of creating said board there shall be appointed or elected one member for one year, one member for two years, and one member for three years; and there shall be appointed or elected annually thereafter one member for three years. Vacancies shall be filled by the mayor, with the approval of the council, or by the selectmen.

If a town having less than five thousand inhabitants votes to accept this section, the board of selectmen of such town shall thereafter have all the powers and duties of commissioners of trust funds, as provided in sections forty-five and forty-seven, until such time as the number of inhabitants of said town shall exceed five thousand.

The town treasurer shall be the custodian of all funds and securities of such trust funds, shall invest and reinvest them and expend therefrom moneys as directed by the commissioners. The treasurer shall furnish a bond satisfactory to them for the faithful performance of his duties.

The said board of commissioners shall, so far as consistent with the terms of the trusts, manage and control the same, and distribute the income in accordance with the terms of the respective trusts. The board shall keep a record of its doings, and at the close of each financial year shall make a report to the town, showing the total amount of the funds, and their investments, receipts and disbursements on account of the same, setting forth in detail the sources of the receipts and the purposes of the expenditures.

In cities which accepted chapter three hundred and seventy-three of the acts of nineteen hundred and five, the auditor shall hold office for three years from the date of his election or appointment and until his successor is qualified, unless sooner removed; provided, however, the appointing authority may, by written contract, appoint an auditor for a term not to exceed five years. A person chosen to fill a vacancy shall hold the office until the end of the unexpired term of his predecessor.

If the office of an auditor in a town is vacant, the remaining auditors, if any, may perform the duties thereof and may appoint a person to aid them. If there is no remaining auditor, the selectmen shall appoint an auditor to serve until another is qualified.

The auditor, accountant, or officer having similar duties, of a city or town, may in writing appoint, with the approval of the mayor or the selectmen thereof, an assistant, who shall be sworn to the faithful performance of his duties, and a record shall be made of his appointment and oath. Unless a temporary officer is appointed in accordance with law, the assistant may, in the absence of the appointing officer, perform his duties and when performing such duties shall have the powers and be subject to the requirements and penalties applicable to him. The person appointed as assistant hereunder may receive a salary from the city or town for services as such.

The auditors of a town shall examine the books and accounts of all its officers and committees intrusted with the receipt, custody or expenditure of money, and all original bills and vouchers on which money has been or may be paid from its treasury. They shall have free access to such books, accounts, bills and vouchers as often as once a month for the purpose of examination, and shall examine the same at least once in each year, and annually report in writing the result of their examinations. They shall, at least once in each year, verify the cash balance of each of such officers and committees by actual count of the cash and by reconciliation of bank balances, and shall insert in their annual report their certificate under oath of the facts so found.

An auditor may notify a person to whom money is due from the town that a certain designated amount, which may be either the whole or a part of the money so due, is payable to him upon application to an officer named in the notice, and, unless payment is refused upon such application, no interest shall accrue on said designated amount after the giving of the notice. A part payment authorized by this section shall not affect a right of tender, lien or other provision of law for the recovery of the amount of the debt, or interest or costs thereon, remaining due; but if the part payment is more than the debt as finally determined, the excess, without interest, shall be repaid to the town.

All accounts rendered to or kept in the departments of any city shall be subject to the inspection of the city auditor or officer having similar duties, and in towns they shall be subject to the inspection of the selectmen. The auditor or officer having similar duties, or the selectmen, may require any person presenting for settlement an account or claim against the city or town to make oath before him or them, in such form as he or they may prescribe, as to the accuracy of such account or claim. The wilful making of a false oath shall be punishable as perjury. The auditor or officer having similar duties in cities, and the selectmen in towns, shall approve the payment of all bills or pay rolls of all departments before they are paid by the treasurer, and may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive; and in that case the auditor or officer having similar duties, or the selectmen, shall file with the city or town treasurer a written statement of the reasons for the refusal; and the treasurer shall not pay any claim or bill so disallowed. The board of selectmen may designate any 1 of its members for the purpose of approving bills or payrolls under this section; provided, however, that the member shall make available to the board, at the first meeting following such action, a record of such actions. This provision shall not limit the responsibility of each member of the board of selectmen in the event of a noncompliance with this section. This section shall not abridge the powers conferred on town accountants by sections fifty-five to sixty-one, inclusive.

Town auditors shall at least once every year, and so much oftener as they deem necessary, audit the accounts of the trustees of any property the principal or income of which, in whole or in part, was bequeathed or given in trust for public uses for the benefit of the town or any part thereof, or for the benefit of the inhabitants of the town or of any part thereof, and examine and estimate the funds, securities and evidences of property held by such trustees. Said trustees shall give said auditors free access to their accounts, funds, securities and evidences of property; and any such trustee refusing to exhibit the same shall be punished by a fine of not less than fifty nor more than two hundred dollars. Town auditors shall include in their annual reports a report of such auditing and investigation; and if they discover any fraud or irregularity they shall immediately report the same to the mayor and city treasurer or to the selectmen and town treasurer. They shall, at least once in each year, verify the cash balance of such trustees by actual count of the cash and by reconciliation of bank balances, and shall insert in their annual report their certificate under oath of the facts so found; provided, however, that they need not so verify the cash balance by actual count of the cash if the trustee is a bank, banking association or trust company.

Whenever any officer of the commonwealth, or of a county, city or town, makes a payment of public money to the treasurer of a city or town in the commonwealth, he shall furnish at the same time to the auditor of such city or town, or to the town accountant, if there is no auditor, a written statement of the amount of the payment, and the date and purpose thereof.

The auditor or similar officer in cities and the town accountant, if any, otherwise the town treasurer in towns, shall notify the assessors, not later than August first in each year, of the total receipts of the preceding fiscal year, except from taxes, loans and trust funds, and shall specify in detail the source of such receipts.

Any town may authorize the selectmen to appoint a town accountant, who shall perform the duties and possess the powers of town auditors as defined in sections fifty to fifty-three, inclusive. In towns so authorizing the appointment of a town accountant the office of town auditor may, if the town so vote, be abolished. In towns which have accepted chapter thirty-one or corresponding provisions of earlier laws, the appointment of the town accountant shall be subject to the civil service rules. The town accountant shall be sworn to the faithful performance of his duties, shall hold no other town office involving the receipt or disbursement of money, shall hold office for three years and until a successor is qualified; provided, however, that at the discretion of the appointing authority, a person may be appointed to the position of town accountant for a term of not more than five years and until a successor is qualified. The town clerk, if he holds no other office involving the receipt or disbursement of money, may be appointed to the position of town accountant.

The selectmen and all boards, committees, heads of departments and officers authorized to expend money shall approve and transmit to the town accountant as often as once each month all bills, drafts, orders and pay rolls chargeable to the respective appropriations of which they have the expenditure. For purposes of this section, the board of selectmen and any other board, committee or head of department consisting of more than 1 member authorized to expend money, may designate any 1 of its members to approve all bills, drafts, orders and payrolls; provided, however, that the member shall make available to the board, committee or other department head, at the first meeting following such action, a record of such actions. This provision shall not limit the responsibility of each member of the board in the event of a noncompliance with this section. Such approval shall be given only after an examination to determine that the charges are correct and that the goods, materials or services charged for were ordered and that such goods and materials were delivered and that the services were actually rendered to or for the town as the case may be; provided, however, that such approval may be given to any bill received from a state agency for the town's share of the costs of a federal urban planning assistance program, established under the provisions of section 701 of Public Law 83–560, as amended, before any goods, materials or services ordered or to be ordered under such a program have been delivered or actually rendered, as the case may be. The town accountant shall examine all such bills, drafts, orders and pay rolls, and, if found correct and approved as herein provided, shall draw a warrant upon the treasury for the payment of the same, and the treasurer shall pay no money from the treasury except upon such warrant approved by the selectmen. If there is a failure to elect or a vacancy occurs in the office of selectman, the remaining selectman or selectmen, together with the town clerk, may approve such warrant. The town accountant may disallow and refuse to approve for payment, in whole or in part, any claim as fraudulent, unlawful or excessive, and in such case he shall file with the town treasurer a written statement of the reasons for such refusal. The treasurer shall not pay any claim or bill so disallowed by the town accountant. So far as apt this section shall apply to cities. This section shall not prohibit payment to be made for: (i) school travel prior to the date of travel; or (ii) the payment of software licenses, software maintenance agreements or online subscription services for school curriculum prior to the fiscal year in which services shall be rendered.

The town accountant shall keep a complete set of books wherein shall be entered the amount of each specific appropriation, the amounts and purposes of expenditures made therefrom, the receipts from each source of income, the amount of each assessment levied, and the abatements made; and he shall keep his accounts, so far as practicable, in conformity with the classifications and forms prescribed by the director of accounts in accordance with section forty-three of chapter forty-four and in conformity with any systems, classifications, forms and designations prescribed pursuant to regulations of the board of education for use by school committees. The town accountant shall have custody of all contracts of the town, shall keep a register of the sureties on all bonds of indemnity given to the town, shall keep a detailed record of the town debt, showing the purpose for which it was incurred, when incurred, when due, the rate of interest and the provisions made for the payment of the debt.

Whenever any appropriation shall have been expended or whenever, in the judgment of the town accountant, it appears that the liabilities incurred against any appropriation may be in excess of the unexpended balance thereof, he shall immediately notify the selectmen and the board, committee, head of department or officer authorized to make expenditures therefrom, and no claim against such appropriation shall be allowed nor any further liability incurred until the town makes provision for its payment. The town accountant shall, at regular intervals and as often at least as once each month, send to the selectmen and to each board, committee, head of department or officer having the disbursement of an appropriation a statement of the amount of orders approved and warrants drawn on behalf of said board, department or officer during the preceding month, and a statement of the balance of such appropriation remaining subject to draft. Each head of a department, board or committee authorized to expend money shall furnish the town accountant, at the close of the financial year, a list of bills remaining unpaid, showing to whom and for what due, and their amounts; and the town accountant shall incorporate the same in his annual report covering the financial transactions of the town, as provided by section sixty-one.

The selectmen and all boards, committees, heads of departments, or other officers of a town authorized by law to expend money shall furnish to the town accountant, or, if there is no town accountant, to the appropriation, advisory or finance committee, if any, otherwise to the selectmen, not less than ten days before the end of the calendar year, or not less than ninety days prior to the date of the start of the annual town meeting, whichever is later, detailed estimates of the amount necessary for the proper maintenance of the departments under their jurisdiction for the ensuing fiscal year, with explanatory statements as to any changes from the amounts appropriated for the same purposes in the then current fiscal year, and an estimate of amounts necessary for outlays or permanent improvements. They shall also prepare estimates of any income likely to be received by the town during the ensuing fiscal year in connection with the town's business or property intrusted to their care. The selectmen shall include in their estimates the salaries and expenses connected with their own office, and the salaries of all other town officers shall be included in the estimates for the office, department or branch of the public service of which they are in charge. The treasurer shall, in addition to his estimate of the amount required for the maintenance of his own office, prepare a separate statement indicating the amounts required for the payment of interest on the town debt and for the payment of such portions of the town debt as may become due during the ensuing fiscal year.

The town accountant shall immediately upon the close of each calendar year compile statements in tabulated form showing the amounts appropriated and the amounts expended from each appropriation during the preceding fiscal year, the amounts appropriated for the current fiscal year and the amounts expended from such appropriations during the first six months of such year and the amounts estimated to be expended from such appropriations during the second six months of such year, and the estimates for the next ensuing fiscal year, and shall forthwith furnish a copy thereof to the selectmen, or to such committee as the town may appoint to consider and report on proposed appropriations. The selectmen, or said committee when so appointed, shall after due consideration designate the amounts which in their opinion should be appropriated for the ensuing fiscal year, and shall accompany the same with such explanations and suggestions in relation thereto as they may deem desirable for the proper information of the inhabitants. The selectmen or, if such a committee has been appointed, the committee, shall print and distribute this document at or before the annual town meeting, and the town clerk shall transmit a copy thereof and of all town reports to the director of accounts.

The town accountant shall make an annual report, to be published as a town document, giving a statement of all receipts and expenditures of the town for the past financial year, including those of funds managed by trustees or commissioners for the town and showing also the amount of each specific appropriation, the expenditures therefrom, and the purpose for which money has been spent; and said statement shall be arranged in accordance with the classifications prescribed by the director of accounts. Such report shall contain a statement of any change in the amount of the town debt during the year and a list of indebtedness incurred and unpaid at the end of the financial year.

If the office of city auditor, city treasurer, city collector of taxes or other officer having charge of a city department is vacant, or if any such officer, because of disability or absence, is unable to perform his duties, the mayor, without confirmation by the city council, any provision of a city charter to the contrary notwithstanding, shall appoint a temporary officer to hold such office and exercise the powers and perform the duties thereof until another is duly elected or appointed and has qualified according to law, or the officer who was disabled or incapacitated resumes his duties; but no such temporary officer shall be appointed under this section for a period longer than sixty days. Any such temporary officer shall be sworn and give bond for the faithful performance of his duties in accordance with the provisions of law applying to the officer whose place he fills, and if he fails so to do within ten days after his appointment the mayor shall rescind the appointment and appoint another.

If a highway surveyor be chosen, he shall have the exclusive control of the ordinary repair of public ways in his town without being subject to the authority of the selectmen. If more than one highway surveyor be chosen, the selectmen shall annually, before May first, assign to each surveyor the limits and divisions of the ways to be kept in repair by him.

A town may at an annual meeting if official ballots are not used, otherwise at a meeting held at least thirty days before the annual meeting, vote to elect in the following manner three road commissioners or three sewer commissioners, or both.

It shall, at the annual meeting when such vote is passed or at the annual meeting next succeeding the meeting at which the vote was passed, elect one for one year, one for two years and one for three years; and at each annual meeting thereafter it shall elect one for three years. A town which has voted to elect said officers as herein provided may in like manner rescind such action; and thereupon, if at an annual meeting, the offices of road commissioners or sewer commissioners or both shall be abolished. If such vote is taken at a meeting held at least thirty days before the annual meeting, such abolition shall take effect at the next annual meeting. Upon the election of road commissioners as herein provided, the office of highway surveyor shall be abolished.

If road commissioners be chosen, they shall exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and surveyors of highways relative to public ways, monuments at the termini and angles thereof, guide posts, sidewalks and shade trees, and, if sewer commissioners be not chosen, relative to sewers and drains.

If sewer commissioners be chosen, they shall, as to sewers and drains, exclusively have the powers, perform the duties and be subject to the liabilities and penalties of selectmen and road commissioners.

In a town which has not authorized the election of a road commissioner or commissioners or a surveyor or surveyors of highways, or which, having a road commissioner or commissioners or a surveyor or surveyors of highways, has voted in accordance with section twenty-one that a superintendent of streets be appointed by the selectmen, the selectmen shall, as soon after the annual town meeting as may be, appoint in writing a superintendent of streets, who shall receive such compensation as the selectmen or the town determine and shall be removable by them when the public interest requires. He shall be sworn to the faithful performance of his duties, and shall hold office until the next annual town meeting or until his successor is qualified. Upon the qualification of a superintendent of streets appointed by the selectmen in accordance with a vote under said section twenty-one, the office or offices of highway surveyor or surveyors or road commissioner or commissioners shall terminate.

The selectmen of two or more towns may unitedly, subject to the approval of the department of highways, appoint and fix the compensation of a superintendent of streets who shall exercise the same powers and duties and be otherwise subject to the same provisions of law as if appointed in each of such towns. His compensation shall be paid by said towns in such proportions as the selectmen may unitedly determine.

The superintendent of streets shall, under the direction of the selectmen, have full charge of all repairs and labor upon public ways and sidewalks, and, if no other provision is made, of repairs upon sewers and drains; and in relation to such matters he shall have the powers, perform the duties and be subject to the liabilities and penalties of surveyors of highways and road commissioners.

If a town votes under section twenty-one to have its selectmen act as water and sewer boards, water commissioners or sewer commissioners, the selectmen may appoint a suitable person to act as superintendent of the water or sewer department or designate the superintendent of streets so to act if the town has voted to have its selectmen appoint such officer, who, subject to the control of the selectmen, shall have all necessary powers therefor.

Any town establishing a water supply or water distributing system under authority of section thirty-nine A of chapter forty may establish a board of three water commissioners or authorize its selectmen to act as such. Such commissioners shall, in the first instance, be elected by ballot to hold office, one until the expiration of three years, one until the expiration of two years, and one until the expiration of one year, from the next succeeding annual town meeting; and at the annual town meeting held on the day on which the shortest of such terms expires, and at each annual town meeting thereafter, one such commissioner shall be elected by ballot for the term of three years. A majority of said commissioners shall constitute a quorum for the transaction of business. After the election of a board of water commissioners under authority of this section, any vacancy occurring in said board from any cause may be filled for the remainder of the unexpired term by said town at any legal town meeting called for the purpose. Any such vacancy may be filled temporarily in the manner provided by section eleven, and the person so appointed shall perform the duties of the office until the next annual meeting of said town or until another person is qualified. Nothing herein contained shall prevent action under section twenty-one or sixty-nine.

The water commissioners, or the selectmen authorized to act as such, in a town establishing a water supply or water distributing system under authority of section thirty-nine A of chapter forty shall have exclusive charge and control of the water department and water system, subject to all lawful by-laws and to such instructions, rules and regulations as the town may from time to time impose by its vote. They may establish fountains and hydrants, may relocate or discontinue the same, may regulate the use of the water and fix and collect just and equitable prices and rates for the use thereof, and shall prescribe the time and manner of payment of such prices and rates. The income of the water works shall be appropriated to defray all operating expenses, interest charges and payments on the principal as they accrue upon any bonds or notes issued for the purpose of a municipal water supply. If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges for that fiscal year, such surplus, or so much thereof as may be necessary to reimburse the town for moneys theretofore paid on account of its water department, shall be paid into the town treasury. If in any fiscal year there should be a net surplus remaining after providing for the aforesaid charges and for the payment of any such reimbursement in full, such surplus may be appropriated for such new construction, extraordinary maintenance, or repairs, as the water commissioners, or selectmen authorized to act as such, with the approval of the town, may determine upon; and in case a net surplus should remain after payment for such new construction, extraordinary maintenance, or repairs, the water rates shall be reduced proportionately. Said commissioners, or the selectmen authorized to act as such, shall annually, and as often as the town may require, render a report upon the condition of the works under their charge, and an account of their doings, including an account of the receipts and expenditures.

The provisions of this section relative to the powers and duties of the water commissioners, or the selectmen acting as such, shall also apply to the commission, board or person having charge and control of the water department or water system of any city, town, or district established under special law, notwithstanding any contrary provision therein, upon the acceptance of this section by such city, town, or district.

By vote of a town meeting called for the purpose in any town at least ninety days before an annual town meeting, or, in the case of a town which voted thereon and the vote was not in the affirmative, upon request by petition of ten per cent of the qualified voters of any town filed with the selectmen at least sixty days before an annual town meeting, the selectmen shall include in the warrant for such annual meeting for submission to the voters the following question, to be placed on the official ballot in towns using such ballots:—“Shall sections sixty-nine C to sixty-nine F, inclusive, of chapter forty-one of the General Laws, providing for the establishment of a board of public works exercising the powers of certain other departments and town officers be accepted?” If a majority of the votes cast in answer to such question is in the affirmative, this section and sections sixty-nine D to sixty-nine F, inclusive, shall become fully effective beginning with, and for the purposes of, the next annual town election.

Any town which has accepted the provisions of sections sixty-nine C to sixty-nine F, inclusive, shall elect in the following manner a board of public works, hereinafter called the board, to consist of three members. The initial members thereof shall be elected, one to serve for one year, one for two years, and one for three years, from the date of the annual meeting at which they are elected, and thereafter when the term of any member expires, his successor shall be elected to serve for three years. In all cases the members shall serve until their successors are elected and qualified. The members of the board shall, after each election, elect one of their members to act as chairman for the ensuing year.

Upon the election and qualification of the members of the board, the board shall have all the powers and duties now or from time to time vested by general law or special act in the following boards, departments and offices, or in boards, departments and offices having corresponding powers and duties in said town, to wit:—road commissioners, surveyors of highways, superintendent of streets, water commissioners, sewer commissioners, municipal light board or commissioners, park commissioners, cemetery commissioners, tree warden, moth superintendent and forestry department, and such boards, departments and offices shall thereupon be abolished. No contracts or liabilities then in force shall be affected by such abolition, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished.

The board shall have such additional powers with respect to the furnishing of engineering services, the collection and disposal of garbage and refuse, the maintenance and repair of town buildings and property, and the performance of such duties of any other boards, departments and offices of the town as may be reasonably related to the duties and responsibilities of a board of public works, as the town may, from time to time, by by-law provide, any other provisions of law to the contrary notwithstanding.

The board shall appoint and fix the compensation of a superintendent of public works, who shall exercise and perform, under the supervision and direction of the board, such of the powers, rights and duties transferred to it under section twenty-one or section sixty-nine D as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board. He shall be specially fitted by education, training and experience to perform the duties of said office, and may or may not be a resident of the town. During his tenure he shall hold no elective or other appointive office, nor shall he be engaged in any other business or occupation. He shall give to the town a bond with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties, in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and render to the board as often as it may require a full report of all operations under his control during the period reported upon; and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the town within the scope of his duties, and shall furnish to the board each year upon its request a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties.

Any town which has accepted the provisions of sections sixty-nine C to sixty-nine F, inclusive, may, after the expiration of three years from the date of such acceptance, upon petition of ten per cent of the qualified voters of the town filed with the selectmen at least sixty days before an annual town meeting, vote at an annual meeting to revoke such acceptance, and the question of such revocation shall be submitted to the voters in the form of the following question:—“Shall the acceptance by the town of sections sixty-nine C to sixty-nine F, inclusive, of chapter forty-one of the General Laws providing for the establishment of a board of public works exercising the powers of certain other departments and town officers be revoked?” If a majority of the votes cast in answer to said question is in the affirmative, then at the next annual town election held after said vote to revoke, the town shall elect such officers as are necessary to exercise and perform the powers, rights and duties transferred to the board of public works by said sections. Such action shall not affect any contract or liability then created or existing. All general laws respecting town administration and town officers, and any special laws relative to said town, the operation of which has been suspended or superseded by the acceptance of said sections sixty-nine C to sixty-nine F, inclusive, shall then be in full force and effect. Any by-law inconsistent with such special or general laws shall be revoked thereby. Any subsequent vote to revoke the acceptance of said sections shall not be taken more often than once in three years.

Every city or town may establish an office of lands and natural resources. Said office shall have charge of such lands as may be committed to its care and may perform such maintenance and improvement work on other municipal lands as may be permitted by the board, department, commission or committee in charge thereof. Said office shall exercise the duties of tree warden and superintendent of insect pest control, and upon the establishment of said office and offices of tree warden and superintendent of insect pest control shall be abolished. Said office shall be under the control of a director qualified by training and experience in the field of arboriculture and licensed by the pesticide board in the department of environmental protection. The city manager or the town manager in a city or town having such manager, the mayor in any other city and the selectmen in any other town shall appoint said director for a term of three years. The commissioner of environmental management shall be notified in writing forthwith by the city or town clerk of said appointment and the name and address of said director. The director may appoint such assistants as appropriations permit. He shall have control of all sums appropriated for and to be expended by the office and may apply for and receive such federal, state and county assistance as may be available. Nothing contained in this section shall be construed to affect the powers and duties of a conservation commission established under section eight C of chapter forty.

Every city and every town having a population of more than ten thousand at the last preceding national census shall, and towns having a population of less than ten thousand may, create a planning board, which shall make careful studies of the resources, possibilities and needs of the town, particularly with respect to conditions injurious to the public health or otherwise in and about rented dwellings, and make plans for the development of the municipality, with special reference to proper housing of its inhabitants. In cities the said board shall be appointed by the mayor, subject to confirmation by the council, and in towns shall be elected at the annual town meeting or be appointed in such manner as an annual town meeting may determine.

No planning board shall be established under this section after December thirty-first, nineteen hundred and thirty-six, but any such board established under this section or corresponding provisions of earlier laws and existing on said date shall continue until its existence is terminated under section eighty-one B.

Every planning board shall make a report annually to the city council or to the annual town meeting, giving information regarding the condition of the town and any plans or proposals for its development and estimates of the cost thereof. Every such planning board shall file with the secretary of housing and livable communities a copy of each report made by it.

Cities and towns may make ordinances and by-laws for carrying out the purposes of section seventy and of sections eighty-one A to eighty-one GG, inclusive, and they may appropriate money therefor. The planning board of a town, established under section seventy or corresponding provisions of earlier laws, may be authorized by vote of the town to act as park commissioners therein, and may be vested with all the powers and duties of park commissioners in towns.

In cities which accept this section by vote of the city council or have accepted corresponding provisions of earlier laws, the mayor, with the approval of the city council, may in January in any year appoint three inhabitants thereof to be a board of survey. Of the members first appointed one shall serve for one year, one for two years, and one for three years from the first day of the following February, and thereafter, in January of each year, one member of said board shall be appointed to serve for three years from the first day of February after his appointment, or until his successor is qualified. If a vacancy occurs a member shall be appointed in the manner provided herein to serve for the remainder of the term. The city engineer shall act as clerk of the board. The compensation of the members of the board shall be fixed by the city council. In towns which accept this section or have accepted corresponding provisions of earlier laws, the selectmen shall constitute a board of survey.

No board of survey shall be established under this section after December thirty-first, nineteen hundred and thirty-six; but any such board established under this section or corresponding provisions of earlier laws or by a special act and existing on said date shall continue until its existence is terminated under section eighty-one B. Every board of survey of a city or town which has not accepted the provisions of sections eighty-one K to eighty-one GG, inclusive, or corresponding provisions of earlier laws, shall transmit to the register of deeds of the county or district in which such city or town is situated and to the recorder of the land court within sixty days after the first day of January, nineteen hundred and fifty-four, a statement that there is in such city or town a board of survey and that the city or town has not in the opinion of said board accepted said sections, including a copy certified by the clerk of such city or town of the vote accepting this section or corresponding provisions of earlier laws, or a reference to any special statute under which such board is established. Unless such statement is so transmitted the powers and duties of such board of survey shall be suspended in and in respect to such city or town, until such statement has been sent to such register of deeds and such register has entered such statement in a book in the same manner as is provided in section eighty-one X in the case of planning boards established under section eighty-one A.

After the establishment of a board of survey no person shall open a private way for public use without first submitting to said board suitable plans thereof in accordance with such rules and regulations as the board may prescribe. In cities such plans shall be so prepared as to show the profiles of such way and the method of drainage of the adjacent or contiguous territory. Upon the receipt of said plans, with a petition for their approval, the board shall give a public hearing thereon, after giving notice of the same by publication once in each of two successive weeks in a newspaper published in the city or town, the last publication to be at least two days before the hearing; and after the hearing, the board may alter such plans, and may determine where such ways shall be located and the width and grades thereof, and shall indicate any modifications on said plans. The plans as approved or modified by the board shall then be signed by the board, and in cities shall be filed in the office of the city engineer, and in towns in the office of the town clerk; and the officer with whom they are filed shall attest thereon the date of filing; and thereafter no way in the territory to which the plans relate shall be laid out or constructed except in accordance therewith, or with further plans subsequently approved by the board.

The board of survey may, and in cities, upon the vote of the planning board and the city council, shall, from time to time cause plans to be made of such territory or sections of lands in the city or town as the board of survey or the planning board may deem necessary, showing thereon the location of such ways, whether already laid out or not, as, in the opinion of the board, the interest of the public may or will require in such territory, showing clearly the direction, width and grades of each way, and in cities a plan of drainage, and said board may incur such expenses as it may deem necessary therefor, not exceeding the amount appropriated for the purpose. In cities such plans shall be prepared by the city engineer, under the direction of the board. Before causing such plans to be made, the board shall give a public hearing thereon, which shall be advertised in the manner prescribed in the preceding section, and shall, after the making of any such plan, give a hearing thereon, advertised in like manner, and keep the plan open to public inspection for one month after the first advertisement of the hearing. After the hearing, and after any alterations deemed necessary by said board have been made, the same shall be approved, signed, marked, filed and attested as provided in respect to the plans mentioned in the preceding section.

The board of survey may from time to time make new plans in place of plans filed in accordance with the two preceding sections, or make changes on plans so filed; provided, that any action involving new plans or changes in plans already duly attested and filed shall be made only after the notice and hearing, and in all other respects in the manner specified in section seventy-four; and the last plan so made, or the plan with the changes last made thereon and duly attested and filed, shall be the plan governing the future development of the territory affected.

The powers of the city council or of the selectmen in regard to highways shall not be abridged by sections seventy-three to eighty-one, inclusive, in any manner, except as provided herein, and the powers conferred by said sections shall be in addition to other powers possessed by cities and towns. No public way shown on any plan filed as aforesaid shall hereafter be laid out, located anew, altered or widened, and no such way, whether already or hereafter laid out, shall be constructed by any public authority except in accordance with the plan duly attested and recorded under said sections. If any person shall open for public travel any private way the location, direction, width, grades and in cities the plan of drainage of which have not previously been approved in writing by the board of survey in the manner provided in said sections, neither the city or town nor other public authority shall place any public sewer, drain, water pipe or light in, or do any public construction work of any kind, or make repairs, on such private way; provided, that this section shall not prevent the laying of a trunk sewer, drain, water or gas main if required by engineering necessities for the accommodation of other territory.

No register of deeds shall record any plan showing thereon proposed ways in any town having a board of survey, unless there is endorsed thereon a certificate of said board, or other proper officer by it designated, that all laws applicable to such plan have been complied with. The clerk of each town shall notify the register of deeds of the district where such town is situated of the acceptance by such town of section seventy-three or corresponding provisions of earlier laws, or of any special act establishing a board of survey therein, and also the name of the officer designated by said board to approve plans hereunder.

Boards of survey, their officers and agents may, so far as they deem it necessary in carrying out sections seventy-three to eighty-one, inclusive, enter upon any lands and there make examinations and surveys, and place and maintain monuments and marks.

A town which accepts section seventy-three or has accepted corresponding provisions of earlier laws or has accepted any special act authorizing the creation of a board of survey therein may establish, in the manner provided for the laying out of town ways, the exterior lines of any way, the plan of which is approved under section seventy-four or seventy-five or under such special act; and thereafter no structure shall be erected or maintained between the exterior lines of the way so established, except that buildings or parts of buildings existing at the time of the establishment of said lines may remain and be maintained to such extent and under such conditions as may be prescribed by the board of survey of such town. Lines established under this section may be discontinued in the manner provided for the discontinuance of a highway or a town way. This section shall not apply to cities.

Sections seventy-three to seventy-nine, inclusive, shall not authorize the taking of land nor authorize a town to lay out or construct any way which may be indicated on any plan until such way has been laid out as a highway; nor shall said sections render a town liable for damages except such as may be sustained under section seventy-six by reason of the making and filing of any new plan or by reason of changes made in any plan already duly attested and filed, and for such damages as may be sustained by reason of the acts of the board of survey, its officers and agents under section seventy-nine. Any person injured in his property as aforesaid or by the establishment or discontinuance of exterior lines under section eighty may recover the damages so caused under chapter seventy-nine.

Any city except Boston, and, except as hereinafter provided, any town may at any time establish a planning board hereunder. Every town not having any planning board shall, upon attaining a population of ten thousand, so establish a planning board under this section. A planning board established hereunder shall consist of not less than five nor more than nine members. Such members shall in cities be appointed by the mayor, subject to confirmation by the city council and in towns be elected at the annual town meeting or be appointed in such manner as an annual town meeting may determine; provided, that a town which has a planning board established under section seventy may, at an annual town meeting or at a special town meeting called for the purpose, vote to establish a planning board under this section and may provide that the members of the planning board then in office shall serve as members of the planning board under this section until the next annual town meeting. When a planning board is first established or when the terms of members of the planning board established under section seventy serving as members of the planning board under this section expire, as the case may be, the members of the planning board under this section shall be elected or appointed for terms of such length and so arranged that the term of at least one member will expire each year, and their successors shall be elected or appointed for terms of three or five years each as determined by the city council in the case of a city and by the town meeting in the case of a town. Any member of a board so established in a city may be removed for cause, after a public hearing, by the mayor, with the approval of the city council. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term, in a city, in the same manner as an original appointment, and, in a town, if the members of the board are appointed, in the same manner as the original appointment. If the members of a planning board are elected, any unexpired term shall be filled by appointment by the board of selectmen and the remainder of the members of the planning board until the next annual election, at which time, such office shall be filled, by election, for the remainder of the unexpired term. All appointments pursuant to this section shall be in the manner provided in section eleven. Such a board shall elect annually a chairman and a clerk from among its own number, and may employ experts and clerical and other assistants. It may appoint a custodian of its plan and records, who may be the city engineer or town clerk. No member of a planning board shall represent before such board any party of interest in any matter pending before it.

Towns of less than ten thousand inhabitants, having no planning board established under this section may, by vote of the town meeting, authorize the board of selectmen to act as a planning board under this section until such a board is established; provided, that any such town, upon attaining a population of ten thousand, shall establish a planning board hereunder.

In any city or town in which a planning board is established under section eighty-one A, if any of the powers and duties of planning boards or boards of survey are being exercised and performed by a planning board established under section seventy or corresponding provisions of earlier laws, or by a board of survey established under section seventy-three or corresponding provisions of earlier laws or by a special act, or by the board of selectmen acting as a planning board, or by any other board, all such powers and duties shall cease to exist, when the members of the planning board established in such city or town under section eighty-one A take office; and thereupon the planning board established therein under section eighty-one A shall have and exercise all the powers and duties theretofore conferred and imposed by general law upon planning boards and boards of survey in cities and towns, as the case may be, and all the powers and duties of any such board theretofore conferred and imposed by special law upon any board of the city or town, with respect to any matters pending before any of said boards at the time of the establishment of the planning board in such city or town under section eighty-one A, as well as the powers imposed by this section and sections eighty-one C to eighty-one GG, inclusive. The officer or person having custody of the records or plans, or both, of the former board shall turn them over to the officer or person entitled to custody of the records and plans of the planning board established under section eighty-one A.

Planning boards established under section eighty-one A, their officers and agents, may, so far as they deem it necessary in carrying out sections eighty-one A to eighty-one J, inclusive, enter upon any lands and there make examinations and surveys, and place and maintain monuments and marks; but any person injured in his property by such entry or other acts without his consent may recover the damages so caused under chapter seventy-nine. The superior court for the county in which the land affected by any of the provisions of sections eighty-one A to eighty-one J, inclusive, lies, sitting in equity and the land court, shall have jurisdiction on petition of a planning board established under section eighty-one A, to enforce any of the provisions of said sections, and any ordinances or by-laws made thereunder, and may restrain by injunction violations thereof.

The planning board established under section eighty-one A shall from time to time make careful studies and when necessary prepare plans of the resources, possibilities and needs of the city or town, and, upon the completion of any such study, shall submit to the city council or selectmen a report thereon, with its recommendations. A copy of each completed study shall be furnished to the executive office of housing and livable communities. Said planning board shall report annually to the city council or to the annual town meeting, giving information regarding the condition of the city or town and any plans or proposals for its development and estimates of the cost thereof, and shall at the same time furnish a copy of its report to the executive office of housing and livable communities. The planning board of a town established under section eighty-one A may be authorized by vote of a town meeting to act as park commissioners therein, and may be vested with all the powers and duties of park commissioners in towns.

A planning board established in any city or town under section eighty-one A shall make a master plan of such city or town or such part or parts thereof as said board may deem advisable and from time to time may extend or perfect such plan.

Such plan shall be a statement, through text, maps, illustrations or other forms of communication, that is designed to provide a basis for decision making regarding the long-term physical development of the municipality. The comprehensive plan shall be internally consistent in its policies, forecasts and standards, and shall include the following elements:

Such plan shall be made, and may be added to or changed from time to time, by a majority vote of such planning board and shall be public record. The planning board shall, upon completion of any plan or report, or any change or amendment to a plan or report produced under this section, furnish a copy of such plan or report or amendment thereto, to the executive office of housing and livable communities.

A city or town which has an established master or study plan under section eighty-one A and applies for a state grant from the commonwealth shall prepare and keep on file within such city or town an economic development supplement; provided, however, that such city or town shall not be required to prepare such supplement if such city or town has a supplement on file. Such supplement shall be at least one page in length and shall contain the goals of the city or town with respect to industrial or commercial development, affordable housing, and preservation of parks and open space.

Each city or town having a planning board established under section eighty-one A may, by action of its city council or town meeting adopt an official map, prepared under the direction of such planning board and showing the public ways and parks therein as theretofore laid out and established by law and the private ways then existing and used in common by more than two owners. Such official map is hereby declared to be established to conserve and promote the public health, safety and general welfare. Upon the adoption of such a map, and upon any change therein or addition thereto made as hereinafter provided, the city or town clerk shall forthwith file with the appropriate registry of deeds a certificate of such action and a copy of such map as adopted or as changed or added to. A copy of such official map or any change thereto, shall be furnished to the executive office of housing and livable communities. After a plan bearing an endorsement of approval or accompanied by a certificate as provided in the subdivision control law has been recorded, the ways shown on said plan shall be and become a part of the official map. No public water supply or sewer or other municipal utility or improvement shall be constructed in any public or private way in any city or town having an official map elsewhere than in a subdivision approved under the subdivision control law, unless such way has been placed on or made part of such map.

No permit for the erection of any building elsewhere than in a subdivision approved under the subdivision control law in any city or town having an official map shall be issued unless a way giving access to the lot upon which such proposed building is to stand has been placed on or made a part of such map; provided, that an applicant for a building permit which has been denied under this section shall have the same remedy as a person whose application for a building permit has been denied under section eighty-one Y of this chapter.

If such law is not in effect in any city or town adopting an official map, such city or town shall forthwith provide a board of appeals in the manner set forth in section eighty-one Z, which shall have jurisdiction over appeals under this section in the same manner as provided in sections eighty-one Y to eighty-one AA.

A city or town so adopting an official map, by action of its city council or town meeting, may whenever and as often as it may deem it for the public interest, change or add to such map so as to place thereon lines and notations showing existing or proposed locations, not theretofore mapped, of new or widened public ways and new or enlarged parks, and proposed discontinuances in whole or in part of existing or mapped public ways and parks. No such change or addition shall become effective until after a public hearing in relation thereto before the city council or a committee thereof or before the selectmen, at which parties in interest shall have an opportunity to be heard. At least ten days' notice of such a public hearing shall be given by advertisement in an official publication of, or in a newspaper of general circulation in, the city or town and by mailing a copy of such advertisement to all owners of property abutting on such proposed improvement or discontinuance, as appearing upon the most recent tax list. Any way, which is not a public way, appearing on an official map of a city or town may be modified or removed therefrom by the planning board acting in accordance with the procedure set forth in section eighty-one W, so far as apt, provided that there is no objection at a public hearing by any person in interest. No such change or addition which has not been previously recommended by the planning board established under section eighty-one A shall be adopted until after a report thereon by said board, and no variance from a plan prepared or approved by said planning board shall be made except by a two thirds vote of all the members of a city council, or by a two thirds vote of a town meeting; provided, that the last mentioned requirement shall be deemed to be waived in case the matter has been referred to said board for a report and it has failed to report within thirty days thereafter. Any person injured in his property by a change in the official map under this section may recover the damages so caused under chapter seventy-nine.

Sections eighty-one A to eighty-one J, inclusive, shall not abridge the powers of the city council or the selectmen or any other municipal officer in regard to public ways or parks in any manner except as provided therein, nor shall they authorize the taking of land or the laying out or construction of any way or park shown on a map or plan, or the alteration, relocation or discontinuance thereof, except in accordance with the laws governing the same; provided, that, after a city or town has adopted an official map under section eighty-one E, no public way shall be laid out, altered, relocated or discontinued if such laying out, alteration, relocation or discontinuance is not in accordance with such official map as it then appears, unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning board established under section eighty-one A, and such board has reported thereon, or has allowed forty-five days to elapse after such reference, without submitting its report. After a city or town has adopted an official map under section eighty-one E, no person shall open a way for public use, except as provided in the subdivision control law, unless the location of such way is in accordance with such official map as it then appears, or has been approved by the planning board under the provisions of this section, and in either case, the grading, surfacing and drainage of such way has been approved by such board. Nothing in said sections shall render a city or town liable for damages, except such as may be sustained by entry upon land and other acts under section eighty-one B, by reason of changes in an official map under section eighty-one F, or by reason of the establishment of exterior lines under section eighty-one J.

Upon final action by the proper authorities in laying out, altering or relocating a public way, or in discontinuing the whole or any part thereof, or in establishing or enlarging a public park, or closing thereof in whole or in part, the lines and notations showing such improvement, discontinuance or closing, as so established or effected, shall, without further action by the city council or the town meeting, be made a part of the official map, if any, of the city or town in which such public way or park is located.

In a city or town having a planning board established under section eighty-one A but which has not adopted an official map no public way shall be laid out, altered, relocated or discontinued, unless the proposed laying out, alteration, relocation or discontinuance has been referred to the planning board of such city or town and such board has reported thereon, or has allowed forty-five days to elapse after such reference without submitting its report. Any city or town having a planning board established under section eighty-one A may, by ordinance, by-law or vote, provide for the reference of any other matter or class of matters to the planning board before final action thereon, with or without provision that final action shall not be taken until the planning board has submitted its report or has had a reasonable fixed time to submit such report. Such planning board shall have full power to make such investigations, maps and reports, and recommendations in connection therewith, relating to any of the subjects referred to it under this section, as it deems desirable.

A city or town which has a planning board under section eighty-one A may establish, in the manner provided for the laying out of city or town ways, the exterior lines of any way, the location of which has been approved under section eighty-one G or the subdivision control law; and thereafter no structure shall be erected or maintained between the exterior lines so established, except that buildings or parts of buildings existing at the time of the establishment of said lines may remain and be maintained to such extent and under such conditions as may be prescribed by such planning board. Lines established under this section may be discontinued in the manner provided for the discontinuance of a highway or a city or town way. Lines so established shall be placed on the official map, if any, of the city or town, without further action by the city council or town meeting, and shall be removed therefrom if discontinued. Any person injured in his property by the establishment of exterior lines under this section may recover damages so caused under chapter seventy-nine.

Sections eighty-one K to eighty-one GG, inclusive, shall be designated and may be known as “the subdivision control law”. This designation shall, when apt, include corresponding provisions of earlier laws.

In construing the subdivision control law, the following words shall have the following meaning, unless a contrary intention clearly appears:—

The subdivision control law has been enacted for the purpose of protecting the safety, convenience and welfare of the inhabitants of the cities and towns in which it is, or may hereafter be, put in effect by regulating the laying out and construction of ways in subdivisions providing access to the several lots therein, but which have not become public ways, and ensuring sanitary conditions in subdivisions and in proper cases parks and open areas. The powers of a planning board and of a board of appeal under the subdivision control law shall be exercised with due regard for the provision of adequate access to all of the lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in the adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws; for securing adequate provision for water, sewerage, drainage, underground utility services, fire, police, and other similar municipal equipment, and street lighting and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in the city or town in which it is located and with the ways in neighboring subdivisions. Such powers may also be exercised with due regard for the policy of the commonwealth to encourage the use of solar energy and protect the access to direct sunlight of solar energy systems. It is the intent of the subdivision control law that any subdivision plan filed with the planning board shall receive the approval of such board if said plan conforms to the recommendation of the board of health and to the reasonable rules and regulations of the planning board pertaining to subdivisions of land; provided, however, that such board may, when appropriate, waive, as provided for in section eighty-one R, such portions of the rules and regulations as is deemed advisable.

Except as provided in section eighty-one EE, the subdivision control law shall be in effect in every city, except Boston, and every town, which prior to the first day of January, nineteen hundred and fifty-four, established a planning board as defined in section eighty-one L, or which after said date establishes a planning board under section eighty-one A unless such city or town by vote of its city council or town meeting at the time of establishment of such board shall vote not to accept the provisions of the subdivision control law. Any such city or town which shall have voted not to accept such provisions may thereafter accept such provisions in the manner provided in section four of chapter four, and any city or town having a board of survey, however established, may accept such provisions in such manner, and the subdivision control law shall be similarly in effect in such cities and towns. In any city or town which has not established a planning board under section eighty-one A, but which has a board of survey, however established, and has prior to the first day of January, nineteen hundred and fifty-four, accepted corresponding provisions of the subdivision control law, or shall after said date accept the provisions of the subdivision control law in such manner, the board of survey shall have all the powers and be subject to all the duties of a planning board relating to subdivision control. In every city and town in which the subdivision control law is in effect the provisions of sections eighty-one K to eighty-one GG, as the same may from time to time be in force, shall, notwithstanding any contrary or inconsistent provision of any general or special law, apply in such city or town irrespective of whether the board having such powers is established under section eighty-one A or under any other general or special law. The subdivision control law, however, shall not become effective in any city or town in which it was not in effect on the first day of January, nineteen hundred and fifty-four, until the planning board of such city or town shall have notified the register of deeds and the recorder of the land court that the city or town has accepted the provisions of the subdivision control law and that the planning board has adopted its rules and regulations as provided in section eighty-one Q and shall have furnished the said register and recorder with a copy of the vote of the city council or town meeting under which the provisions of the subdivision control law were accepted in such city or town, certified by the city or town clerk, and a copy of such rules and regulations certified by said clerk.

No person shall make a subdivision of any land in any city or town in which the subdivision control law is in effect unless he has first submitted to the planning board of such city or town for its approval a plan of such proposed subdivision, showing the lots into which such land is to be divided and the ways already existing or which are to be provided by him for furnishing access to such lots, and the planning board has approved such plan in the manner hereinafter provided. After the approval of a plan the location and width of ways shown thereon shall not be changed unless the plan is amended accordingly as provided in section eighty-one W; but the number, shape and size of the lots shown on a plan so approved may, from time to time, be changed without action by the board, provided every lot so changed still has frontage on a public way or way shown on a plan approved in accordance with the subdivision control law of at least such distance, if any, as is then required by ordinance or by-law of said city or town for erection of a building on such lot, and if no distance is so required, has such frontage of at least twenty feet.

A plan shall be submitted under this section when delivered at a meeting of the board or when sent by registered mail to the planning board. If so mailed, the date of receipt shall be the date of submission of the plan.

Any person wishing to cause to be recorded a plan of land situated in a city or town in which the subdivision control law is in effect, who believes that his plan does not require approval under the subdivision control law, may submit his plan to the planning board of such city or town in the manner prescribed in section eighty-one T, and, if the board finds that the plan does not require such approval, it shall forthwith, without a public hearing, endorse thereon or cause to be endorsed thereon by a person authorized by it the words “approval under the subdivision control law not required” or words of similar import with appropriate name or names signed thereto, and such endorsement shall be conclusive on all persons. Such endorsement shall not be withheld unless such plan shows a subdivision. If the board shall determine that in its opinion the plan requires approval, it shall within twenty-one days of such submittal, give written notice of its determination to the clerk of the city or town and the person submitting the plan, and such person may submit his plan for approval as provided by law and the rules and regulations of the board, or he may appeal from the determination of the board in the manner provided in section eighty-one BB. If the board fails to act upon a plan submitted under this section or fails to notify the clerk of the city or town and the person submitting the plan of its action within twenty-one days after its submission, it shall be deemed to have determined that approval under the subdivision control law is not required, and it shall forthwith make such endorsement on said plan, and on its failure to do so forthwith the city or town clerk shall issue a certificate to the same effect. The plan bearing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the planning board, or in case of the certificate, by the city or town clerk, to the person submitting such plan. The planning board of a city or town which has authorized any person, other than a majority of the board, to endorse on a plan the approval of the board or to make any other certificate under the subdivision control law, shall transmit a written statement to the register of deeds and the recorder of the land court, signed by a majority of the board, giving the name of the person so authorized.

The endorsement under this section may include a statement of the reason approval is not required.

After a public hearing, notice of the time and place of which, and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing, a planning board shall adopt, and, in the same manner, may, from time to time, amend, reasonable rules and regulations relative to subdivision control not inconsistent with the subdivision control law or with any other provisions of a statute or of any valid ordinance or by-law of the city or town. Such rules and regulations may prescribe the size, form, contents, style and number of copies of plans and the procedure for the submission and approval thereof, and shall be such as to enable the person submitting the plan to comply with the requirements of the register of deeds for the recording of the same, and to assure the board of a copy for its files; and shall set forth the requirements of the board with respect to the location, construction, width and grades of the proposed ways shown on a plan and the installation of municipal services therein, which requirements shall be established in such manner as to carry out the purposes of the subdivision control law as set forth in section eighty-one M. Such rules and regulations shall not require referral of a subdivision plan to any other board or person prior to its submission to the planning board. In establishing such requirements regarding ways, due regard shall be paid to the prospective character of different subdivisions, whether open residence, dense residence, business or industrial, and the prospective amount of travel upon the various ways therein, and to adjustment of the requirements accordingly; provided, however, that in no case shall a city or town establish rules or regulations regarding the laying out, construction, alteration, or maintenance of ways within a particular subdivision which exceed the standards and criteria commonly applied by that city or town to the laying out, construction, alteration, or maintenance of its publicly financed ways located in similarly zoned districts within such city or town. Such rules and regulations may set forth a requirement that a turnaround be provided at the end of the approved portion of a way which does not connect with another way. Any easement in any turnaround shown on a plan approved under the subdivision control law which arises after January first, nineteen hundred and sixty, other than an easement appurtenant to a lot abutting the turnaround, shall terminate upon the approval and recording of a plan showing extension of said way, except in such portion of said turnaround as is included in said extension, and the recording of a certificate by the planning board of the construction of such extension. Such rules and regulations may set forth a requirement that underground distribution systems be provided for any and all utility services, including electrical and telephone services, as may be specified in such rules and regulations, and may set forth a requirement that poles and any associated overhead structures, of a design approved by the planning board, be provided for use for police and fire alarm boxes and any similar municipal equipment and for use for street lighting. The rules and regulations may encourage the use of solar energy systems and protect to the extent feasible the access to direct sunlight of solar energy systems. Such rules and regulations may include standards for the orientation of new streets, lots and buildings; building set back requirements from property lines; limitations on the type, height and placement, of vegetation; and restrictive covenants protecting solar access not inconsistent with existing local ordinances or by-laws. Except in so far as it may require compliance with the requirements of existing zoning ordinances or by-laws, no rule or regulation shall relate to the size, shape, width, frontage or use of lots within a subdivision, or to the buildings which may be constructed thereon, or shall be inconsistent with the regulations and requirements of any other municipal board acting within its jurisdiction. No rule or regulation shall require, and no planning board shall impose, as a condition for the approval of a plan of a subdivision, that any of the land within said subdivision be dedicated to the public use, or conveyed or released to the commonwealth or to the county, city or town in which the subdivision is located, for use as a public way, public park or playground, or for any other public purpose, without just compensation to the owner thereof. The rules and regulations may, however, provide that not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use as such on any lot in a subdivision, or elsewhere in the city or town, without the consent of the planning board, and that such consent may be conditional upon the providing of adequate ways furnishing access to each site for such building, in the same manner as otherwise required for lots within a subdivision. A true copy of the rules and regulations, with their most recent amendments, shall be kept on file available for inspection in the office of the planning board of the city or town by which they were adopted, and in the office of the clerk of such city or town. A copy certified by such clerk of any such rules and regulations, or any amendment thereof, adopted after the first day of January, nineteen hundred and fifty-four shall be transmitted forthwith by such planning board to the register of deeds and recorder of the land court. Once a definitive plan has been submitted to a planning board, and written notice has been given to the city or town clerk pursuant to section eighty-one T and until final action has been taken thereon by the planning board or the time for such action prescribed by section eighty-one U has elapsed, the rules and regulations governing such plan shall be those in effect relative to subdivision control at the time of the submission of such plan. When a preliminary plan referred to in section eighty-one S has been submitted to a planning board, and written notice of the submission of such plan has been given to the city or town clerk, such preliminary plan and the definitive plan evolved therefrom shall be governed by the rules and regulations relative to subdivision control in effect at the time of the submission of the preliminary plan, provided that the definitive plan is duly submitted within seven months from the date on which the preliminary plan was submitted.

A planning board may in any particular case, where such action is in the public interest and not inconsistent with the intent and purpose of the subdivision control law, waive strict compliance with its rules and regulations, and with the frontage or access requirements specified in said law, and may, where the ways are not otherwise deemed adequate, approve a plan on conditions limiting the lots upon which buildings may be erected and the number of buildings that may be erected on particular lots and the length of time for which particular buildings may be maintained without further consent by the planning board to the access provided. The planning board shall endorse such conditions on the plan to which they relate, or set them forth in a separate instrument attached thereto to which reference is made on such plan and which shall for the purpose of the subdivision control law be deemed to be a part of the plan.

In the case of a subdivision showing lots in a residential zone, any person, before submitting his definitive plan for approval, may submit to the planning board and to the board of health, a preliminary plan, and shall give written notice to the clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such plan.

In the case of a nonresidential subdivision, any person before submitting his definitive plan for approval shall submit to the planning board and the board of health, a preliminary plan, and shall give notice to the clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such plan.

In either case, if the notice is given by delivery, the city or town clerk shall, if requested, give a written receipt therefor. Within forty-five days after submission of a preliminary plan, each board shall notify the applicant and the clerk of the city or town, by certified mail, either that the plan has been approved, or that the plan has been approved with modifications suggested by the board or agreed upon by the person submitting the plan, or that the plan has been disapproved and in the case of disapproval, the board shall state in detail its reasons therefor. The planning board shall notify the city or town clerk of its approval or disapproval, as the case may be. Except as is otherwise provided, the provisions of the subdivision control law relating to a plan shall not be applicable to a preliminary plan, and no register or deeds shall record a preliminary plan.

Every person submitting a definitive plan of land to the planning board of a city or town for its approval or for a determination that approval is not required shall give written notice to the clerk of such city or town by delivery or by registered mail, postage prepaid, that he has submitted such a plan. If the notice is given by delivery the clerk shall, if requested, give a written receipt therefor to the person who delivered such notice. Such notice shall describe the land to which the plan relates sufficiently for identification, and shall state the date when such plan was submitted and the name and address of the owner of such land; and the facts stated in such notice shall be taken by the city or town clerk as true, unless the contrary is made to appear. Before approval, modification and approval, or disapproval of the definitive plan is given, a public hearing shall be held by the planning board, notice of the time and place of which and of the subject matter, sufficient for identification, shall be given by the planning board at the expense of the applicant by advertisement in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication being not less than fourteen days before the day of such hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing, and by mailing a copy of such advertisement to the applicant and to all owners of land abutting upon the land included in such plan as appearing on the most recent tax list; provided, however, that when the planning board is also the special permit granting authority for a special permit applicable to the plan, the planning board may hold the definitive plan public hearing together with the public hearing required by section 9 of chapter 40A and allow for the publication of a single advertisement giving notice of the consolidated hearing.

When a definitive plan of a subdivision is submitted to the planning board, as provided in section eighty-one O, a copy thereof shall also be filed with the board of health or board or officer having like powers and duties. Such health board or officer shall, within forty-five days after the plan is so filed, report to the planning board in writing, approval or disapproval of said plan, and, in the event of disapproval, shall make specific findings as to which, if any, areas shown on such plan cannot be used for building sites without injury to the public health, and include such specific findings and the reasons therefor in such report, and where possible, shall make recommendations for the adjustments thereof. Failure of such board or officer to report shall be deemed approval by such board or officer. Such health board or officer shall send a copy of such report, if any, to the person who submitted said plan. When the definitive plan shows that no public or community sewer is to be installed to serve any lot thereon, approval by a board of health or officer shall not be treated as, nor deemed to be approval of a permit for the construction and use on any lot of an individual sewage system; and approval of a definitive plan for a subdivision by a board of health or officer shall not be treated as, nor deemed to be, an application for a permit to construct or use an individual sewage system on any lot contained therein.

After the hearing required by section eighty-one T and after the report of said health board or officer or lapse of forty-five days without such report, the planning board shall approve, or, if such plan does not comply with the subdivision control law or the rules and regulations of the planning board or the recommendations of the health board or officer, shall modify and approve or shall disapprove such plan. In the event of disapproval, the planning board shall state in detail wherein the plan does not conform to the rules and regulations of the planning board or the recommendations of the health board or officer and shall revoke its disapproval and approve a plan which, as amended conforms to such rules and regulations or recommendations. The planning board shall file a certificate of its action with the city or town clerk, a copy of which shall be recorded by him in a book kept for the purpose, and shall send notice of such action by registered mail, postage prepaid, to the applicant at his address stated on the application.

If the report of the board of health or board or officer having like powers and duties shall so require, the approval by the planning board shall be on condition that no building or structure shall be built or placed upon the areas designated without consent by such board of health or officer. In the event approval by the board of health or board or officer having like powers and duties is by failure to make a report, the planning board shall note on the plan that health approval is by failure to report.

In the case of a nonresidential subdivision where a preliminary plan has been duly submitted and acted upon or where forty-five days has elapsed since submission of the said preliminary plan, and then a definitive plan is submitted, the failure of a planning board either to take final action or to file with the city or town clerk a certificate of such action regarding the definitive plan submitted by an applicant within ninety days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the planning board with the city or town clerk.

In the case of a subdivision showing lots in a residential zone, where a preliminary plan has been acted upon by the planning board or where at least forty-five days has elapsed since submission of the preliminary plan, an applicant may file a definitive plan. The failure of a planning board either to take final action or to file with the city or town clerk a certificate of such action on the definitive plan within ninety days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the planning board with the city or town clerk.

In the case of a subdivision showing lots in a residential zone, where no preliminary plan has been submitted and acted upon or where forty-five days has not elapsed since submission of such preliminary plan, and a definitive plan is submitted, the failure of a planning board either to take final action or to file with the city or town clerk a certificate of such action regarding the definitive plan submitted by an applicant within one hundred thirty-five days after such submission, or such further time as may be agreed upon at the written request of the applicant, shall be deemed to be an approval thereof. Notice of such extension of time shall be filed forthwith by the planning board with the city or town clerk.

Before endorsement of its approval of a plan, a planning board shall require that the construction of ways and the installation of municipal services be secured by one, or in part by one and in part by another, of the methods described in the following clauses (1), (2), (3) and (4) which method or combination of methods may be selected and from time to time varied by the applicant:

Any covenant given under the preceding paragraph and any condition required by the health board or officer shall be either inscribed on the plan or contained in a separate document, referred to on the plan.

The penal sum of any such bond held under clause (1) or any deposit held under clause (2) or any amount of funds retained pursuant to an agreement under clause (4) shall bear a direct and reasonable relationship to the expected cost including the effects of inflation, necessary to complete the subject work. Such amount or amounts shall from time to time be reduced so that the amount bonded, deposited or retained continues to reflect the actual expected cost of work remaining to be completed.

Upon the completion of the construction of ways and the installation of municipal services in accordance with the rules and regulations of the planning board, security for the performance of which was given by bond, deposit or covenant, or upon the performance of any covenant with respect to any lot, the applicant shall send by registered mail to the city or town clerk and the planning board a written statement that the said construction or installation in connection with which such bond, deposit or covenant has been given has been completed in accordance with said rules and regulations, such statement to contain the address of the applicant. If the planning board determines that said construction or installation has been completed, it shall release the interest of the town in such bond and return the bond or the deposit to the person who furnished the same, or release the covenant by appropriate instrument, duly acknowledged, which may be recorded. If the board determines that said construction or installation has not been completed, it shall specify in a notice sent by registered mail to the applicant and to the clerk of the city or town the details wherein said construction or installation fails to comply with its rules and regulations and upon failure so to do within forty-five days after the receipt by said clerk of said statement all obligations under the bond shall cease and terminate by operation of law, any deposit shall be returned and any such covenant shall become void. In the event that said forty-five day period expires without such specification, or without the release and return of the bond or return of the deposit or release of the covenant as aforesaid, the said clerk shall issue a certificate to such effect, duly acknowledged, which may be recorded.

Any such bond may be enforced and any such deposit may be applied by the planning board for the benefit of such city or town, as provided in section eighty-one Y, upon failure of the performance for which any such bond or deposit was given to the extent of the reasonable cost to such city or town of completing such construction and installation.

In any town which accepts the provisions of this paragraph, the proceeds of any such bond or deposit shall be made available to the town for expenditure to meet the cost and expenses of the municipality in completing the work as specified in the approved plan. If such proceeds do not exceed one hundred thousand dollars, the expenditure may be made without specific appropriation under section fifty-three of chapter forty-four; provided, however, that such expenditure is approved by the board of selectmen. The provisions of this paragraph shall not apply to cities or to towns having town councils.

Before approval of a plan by a planning board, said board shall also in proper cases require the plan to show a park or parks suitably located for playground or recreation purposes or for providing light and air and not unreasonable in area in relation to the area of the land being subdivided and the prospective uses of such land, and if so determined said board shall by appropriate endorsement on the plan require that no building may be erected on such park or parks for a period of not more than three years without its approval.

In case of approval of a plan by action of the planning board, after the expiration of twenty days without notice of appeal to the superior court or the land court, or if appeal has been taken after the entry of a final decree of the court sustaining the approval of such plan, the planning board shall cause to be made upon the plan a written endorsement of its approval. In case of the approval of a plan by reason of the failure of the planning board to act within the time prescribed, the city or town clerk shall, after the expiration of twenty days without notice of appeal to the superior court or the land court, or, if appeal has been taken, after receipt of certified records of the superior court or the land court indicating that such approval has become final, issue a certificate stating the date of the submission of the plan for approval, the fact that the planning board failed to take final action and that the approval resulting from such failure has become final. The plan bearing such endorsement or the plan and such certificate, as the case may be, shall be delivered by the planning board, or, in the case of the certificate, by the city or town clerk, to the person who submitted such plan. Except as provided in section eighty-one E, the existence of an official map in a city or town shall not affect the operation of the subdivision control law therein.

A planning board, on its own motion or on the petition of any person interested, shall have power to modify, amend or rescind its approval of a plan of a subdivision, or to require a change in a plan as a condition of its retaining the status of an approved plan. All of the provisions of the subdivision control law relating to the submission and approval of a plan of a subdivision shall, so far as apt, be applicable to the approval of the modification, amendment or rescission of such approval and to a plan which has been changed under this section.

No modification, amendment or rescission of the approval of a plan of a subdivision or changes in such plan shall affect the lots in such subdivision which have been sold or mortgaged in good faith and for a valuable consideration subsequent to the approval of the plan, or any rights appurtenant thereto, without the consent of the owner of such lots, and of the holder of the mortgage or mortgages, if any, thereon; provided, however, that nothing herein shall be deemed to prohibit such modification, amendment or rescission when there has been a sale to a single grantee of either the entire parcel of land shown on the subdivision plan or of all the lots not previously released by the planning board.

So far as unregistered land is affected, no modification, amendment or rescission of the approval of a plan nor change in a plan under this section shall take effect until (1) the plan as originally approved, or a copy thereof, and a certified copy of the vote of the planning board making such modification, amendment, rescission or change, and any additional plan referred to in such vote, have been recorded, (2) an endorsement has been made on the plan originally approved as recorded referring to such vote and where it is recorded, and (3) such vote is indexed in the grantor index under the names of the owners of record of the land affected. So far as registered land is affected, no modification, amendment or rescission of the approval of a plan nor change in a plan under this section shall take effect, until such modification, amendment or change has been verified by the land court pursuant to chapter one hundred and eighty-five, and in case of rescission, or modification, amendment or change not so verified, until ordered by the court pursuant to section one hundred and fourteen of said chapter one hundred and eighty-five.

No register of deeds shall record any plan showing a division of a tract of land into two or more lots, and ways, whether existing or proposed, providing access thereto, in a city or town in which the subdivision control law is in force unless (1) such plan bears an endorsement of the planning board of such city or town that such plan has been approved by such planning board, and a certificate by the clerk of such city or town, is endorsed on the plan, or is separately recorded and referred to on said plan, that no notice of appeal was received during the twenty days next after receipt and recording of notice from the planning board of the approval of the plan, or, if an appeal was taken, that a final decree has been entered by the court sustaining the approval of the plan, or (2) such plan bears an endorsement of the planning board that approval of such plan is not required, as provided in section eighty-one P, or (3) the plan is accompanied by a certificate of the clerk of such city or town that it is a plan which has been approved by reason of the failure of the planning board to act thereon within the time prescribed, as provided in sections eighty-one U and eighty-one V, or that it is a plan submitted pursuant to section eighty-one P and that it has been determined by failure of the planning board to act thereon within the prescribed time that approval is not required, and a reference to the book and page where such certificate is recorded is made on said plan; and, unless, in case of plans approved, the endorsement or certificate is dated within six months of the date of the recording, or there is also endorsed thereon or recorded therewith and referred to thereon a certificate of the planning board or city or town clerk, dated within thirty days of the recording, that the approval has not been modified, amended or rescinded, nor the plan changed. Such certificate shall upon application be made by the board of by the clerk unless the records of the board or clerk receiving the application show that there has been such modification, amendment, rescission or change. The planning board of a city or town which has authorized any person, other than a majority of the board, to endorse on a plan the approval of the board or to make any other certificate under the subdivision control law, shall transmit a written statement to the register of deeds and the recorder of the land court, signed by a majority of the board, giving the name of the person so authorized.

The contents of any such endorsement of the planning board or certificate by the clerk of the city or town shall be final and conclusive on all parties, subject to the provisions of section eighty-one W.

Such register and recorder shall each keep in a place open for public inspection a book which shall be a public record in which the name of each city or town in which, according to notices sent him by the board having powers of subdivision control in such city or town the subdivision control law is or may be in effect, shall be separately indexed and in which shall be entered all notices from such board or the board of appeal of such city or town relating to subdivision control, including copies of the rules and regulations of such boards. Such register and recorder may each accept for record any plan of land, otherwise appropriate for record, in a city or town of which the board having powers of subdivision control has not sent him notice that the subdivision control law is in effect in such city or town, without requiring the approval of the planning board of such city or town, or a certificate that no approval is necessary.

Notwithstanding the foregoing provisions of this section, the register of deeds shall accept for recording and the land court shall accept with a petition for registration or confirmation of title any plan bearing a certificate by a registered land surveyor that the property lines shown are the lines dividing existing ownerships, and the lines of streets and ways shown are those of public or private streets or ways already established, and that no new lines for division of existing ownership or for new ways are shown. The recording of any such plan shall not relieve any owner from compliance with the provisions of the subdivision control law or of any other applicable provision of law.

No register of deeds or recorder of the land court shall accept for record a notice of modification, amendment or rescission of approval of a plan of a subdivision unless such notice contains a statement by the planning board that such modification, amendment or rescission does not affect any lot or rights appurtenant thereto in such subdivision which lot was conveyed or mortgaged in good faith and for valuable consideration subsequent to the approval of the subdivision plan.

In any city or town in which the subdivision control law is in effect, no public way shall be laid out, accepted or constructed, and no municipal service or improvement shall be constructed in a way within a subdivision, to serve the land therein, unless such way appears on a plan of such subdivision approved under such law, except by or in accordance with the affirmative vote of two thirds of those present and voting at a meeting of the city council or at a town meeting.

In any city or town in which the subdivision control law is in effect, the board or officer, if any, having the power and duty to issue permits for the erection of buildings shall not issue any permit for the erection of a building until first satisfied that the lot on which the building is to be erected is not within a subdivision, or that a way furnishing the access to such lot as required by the subdivision control law is shown on a plan recorded or entitled to be recorded under section eighty-one X, and that any condition endorsed thereon limiting the right to erect or maintain buildings on such lot have been satisfied, or waived by the planning board, and in the event that the planning board has by rule or regulation required that not more than one building for dwelling purposes be erected or placed or converted to use as such on any lot without its consent, until satisfied that such consent has been obtained. In any city or town in which the subdivision control law is in effect in which there is no board or officer having the power and duty to issue permits for the erection of buildings, no building shall be erected within a subdivision without written permission from the planning board of the city or town. Such permission shall be given when it appears that the subdivision control law, so far as applicable, has been complied with. If, however, the enforcement of the foregoing provisions of this paragraph would entail practical difficulty or unnecessary hardship, and if the circumstances of the case do not require that the building be related to a way shown on such plan, the board of appeal provided for in section eighty-one Z shall have power by vote of a majority of its members to issue a permit for the erection of such building, subject to the provisions of said section eighty-one Z and sections eighty-one AA and eighty-one BB.

If a subdivision of land has been made in a city or town while the subdivision control law is in effect in such city or town without a plan thereof recorded or entitled to be recorded under section eighty-one K, the person or persons executing and delivering the deed, mortgage or other instrument by which such subdivision was made shall be liable to each owner of such land or any part thereof who acquired title without notice or knowledge of such division having been made, for all damages sustained by such owner by reason of such failure to comply, in an action brought within one year after such delivery. Any person owning a lot in a subdivision, approval of which was required by the subdivision control law but not obtained, who did not make the subdivision and acquired title without notice or knowledge of the lack of such approval, may submit a plan of said lot and of the ways giving access thereto to the planning board, and such plan shall be acted upon in the same manner and with the same effect, so far as affects said lot and the rights of access appurtenant thereto, as a plan of a subdivision.

The superior court for the county in which the land affected by any of the provisions of the subdivision control law lies and the land court shall have jurisdiction in equity on petition of the planning board of a city or town, or of ten taxable inhabitants thereof, to review any action of any municipal board or officer of such city or town in disregard of the provisions of this section and to annul and enjoin such action, to enjoin the erection of a building in violation of this section, and otherwise to enforce the provisions of the subdivision control law and any rules or regulations lawfully adopted and conditions on the approval of a plan lawfully imposed thereunder, and may restrain by injunction violations thereof or make such decrees as justice and equity may require. No proceeding under this paragraph shall be instituted more than one year after the act or failure to act upon which such petition is based.

A city or town in which the subdivision control law is in effect shall, by ordinance or by-law, provide for a board of appeals, which shall have jurisdiction to issue a permit for the erection of a building under section eighty-one Y. Such board of appeals may be the existing board of appeals under the local building or zoning ordinance or by-law; provided, that if the board of appeals under the local zoning ordinance or by-law in any city or town is also the planning board in such city or town, it shall not act as a board of appeals under the subdivision control law. The mayor or selectmen shall appoint the members of the board of appeals within three months of the adoption of the ordinance or by-law. Pending appointment of the members of the board of appeals the city council or selectmen shall act as a board of appeals. Any board of appeals newly established hereunder shall consist of at least three members, who shall be appointed in a city by the mayor subject to the confirmation of the city council, or in a town by the selectmen, for terms of such length and so arranged that the term of one member shall expire each year; and said board shall elect annually a chairman from its own members and a clerk. Any board so newly established may also act as a board of appeals under the local building or zoning ordinance or by-law, or under both.

Any member of such a board of appeals may be removed for cause by the appointing authority upon written charges and after a public hearing. Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. Ordinances or by-laws adopted hereunder may provide for the appointment in like manner of associate members of the board of appeals; and the chairman of the board may designate any such associate member to sit on the board in case of the absence, inability to act or interest on the part of a member thereof, or in the event of a vacancy on said board may designate any such associate member to sit as a member of the board until said vacancy is filled in the manner provided in this section.

The board of appeals appointed under section eighty-one Z shall adopt rules not inconsistent with this section and sections eighty-one Y and eighty-one Z, for conducting its business and otherwise carrying out the purposes of said sections. Meetings of the board shall be held at the call of the chairman and also when called in such other manner as it shall determine in its rules. Such chairman, or, in his absence, the acting chairman, may administer oaths, summon witnesses and call for the production of papers. All hearings of the board shall be open to the public. The board shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question, or, if any member is absent or fails to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official acts, copies of all of which shall be immediately filed in the office of the city or town clerk and shall be public records.

Before taking any action under section eighty-one Y, the board of appeals shall hold a hearing at which parties in interest shall have an opportunity to be heard, in person or by agent or attorney. Notice of the time and place of such hearing and of the subject matter, sufficient for identification, shall be published in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing or if there is no such newspaper in such city or town then by posting such notice in a conspicuous place in the city or town hall for a period of not less than fourteen days before the day of such hearing. The board may require the appellant to pay the expense of giving such notice. The board may, as a condition of granting a permit under section eighty-one Y, impose reasonable requirements designed to promote the health, convenience, safety and general welfare of the community and to benefit the city or town.

Any person, whether or not previously a party to the proceedings, or any municipal officer or board, aggrieved by a decision of a board of appeals under section eighty-one Y, or by any decision of a planning board concerning a plan of a subdivision of land, or by the failure of such a board to take final action concerning such a plan within the required time, may appeal to the superior court for the county in which said land is situated or to the land court; provided, that such appeal is entered within twenty days after such decision has been recorded in the office of the city or town clerk or within twenty days after the expiration of the required time as aforesaid, as the case may be, and notice of such appeal is given to such city or town clerk so as to be received within such twenty days. The court shall hear all pertinent evidence and determine the facts, and upon the facts so determined, shall annul such decision if found to exceed the authority of such board, or make such other decree as justice and equity may require. The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exceptions as in other equity cases.

A city or town may provide any municipal officer or board with legal counsel for appealing, as provided in this section, a decision of a board of appeals or a planning board and for taking such other subsequent action as parties in other equity cases are permitted to take.

Costs shall not be allowed against the planning board or board of appeals unless it shall appear that such board acted with gross negligence or in bad faith.

The court shall require nonmunicipal appellants to post a surety or cash bond in a sum of not less than two thousand nor more than fifteen thousand dollars to secure the payment of any costs incurred by the appellee as a result of the appeal of a decision approving a subdivision plan if it appears to the court that said appellant or appellants acted in bad faith or with malice in making the appeal to the court.

All issues in any proceeding under this section may be advanced for speedy trial over other civil actions and proceedings.

Planning boards and their officers and agents may, as far as they deem it necessary in carrying out the subdivision control law, enter upon any lands and there make examinations and surveys and place and maintain monuments and marks.

The subdivision control law shall not abridge the powers of the city council, of the selectmen, or any other municipal officer, in regard to public ways in any manner except as herein provided, and shall not authorize the taking of land nor authorize a city or town to lay out or construct any way which may be indicated on any plan of a subdivision until such way has been laid out as a public way in the manner prescribed by law; nor shall action under such law render a city or town liable for damages; provided, however, any person injured in his property by reason of the modification, amendment or rescission of the approval of a plan under section eighty-one W without his consent in writing, or by entry of his land not within the limits of a subdivision as shown on a preliminary or definitive plan submitted by him for approval, may recover the damages so caused under chapter seventy-nine. The modification, amendment or rescission of the approval of a plan shall not entitle any person to damages, unless and to the extent that he shall have changed his position or made expenditures in reliance upon such approval. No damages shall be awarded for the modification, amendment or rescission of the approval of a plan obtained as a result of material misrepresentation of facts, whether willful or otherwise, by the persons submitting the plan.

Every board having on the first day of January, nineteen hundred and fifty-four, powers of subdivision control shall, within sixty days thereafter transmit to the register of deeds and the recorder of the land court a statement stating that in the opinion of such board the subdivision control law is in effect in such city or town, including a copy certified by the clerk of such city or town of the vote of the city council or of the town meeting under which the subdivision control law in the opinion of such board went into effect, together with the date thereof, or a reference to any special statute under which subdivision control was established, in such city or town. The register of deeds and the recorder of the land court shall enter such statement in the book which he is required to keep under section eighty-one X. Unless such statement is transmitted as herein provided within sixty days after said date, or the clerk of such city or town has previously notified the register of deeds and recorder of the land court of the establishment of a planning board under the provisions of law in effect prior to said date, and included in his notice a statement of the date of such establishment, the operation of the subdivision control law in and in respect to such city or town shall be suspended until the clerk of such city or town has notified the register of deeds and recorder of the land court that the subdivision control law is in effect in his city or town in the manner provided in section eighty-one N. The register of deeds and the recorder of the land court shall each enter such notice in his records in the manner provided in section eighty-one X. Any planning board having powers of subdivision control on the first day of January, nineteen hundred and fifty-four, shall, within sixty days thereafter, transmit to the register of deeds and recorder of the land court a certified copy of its rules and regulations relating to subdivision control, which shall be kept by him in the same manner as copies of rules and regulations thereafter adopted, and unless such copy is so transmitted, the operation of the subdivision control law in and with respect to such city or town shall be suspended until the board so transmits such copy.

So far as land which has not been registered in the land court is affected by the subdivision control law, recording of the plan of a subdivision in the registry of deeds before the subdivision control law was in effect in the city or town in which the subdivision was located shall not exempt the land within such subdivision from the operation of said law except with respect to lots which had been sold and were held in ownership separate from that of the remainder of the subdivision when said law went into effect in such city or town, and to rights of way and other easements appurtenant to such lots; and plans of subdivisions which were recorded in the registry of deeds and subdivisions made without the recording of a plan after said law had gone into effect in such city or town and before February first, nineteen hundred and fifty-two, without receiving the approval of the planning board of such city or town, shall have the same validity and effect as if the subdivision control law became effective in such city or town on February first, nineteen hundred and fifty-two, as above provided.

So far as land which has been registered in the land court is affected by said law, any plan of a subdivision which has been registered or confirmed by said court before February first, nineteen hundred and fifty-two, whether the subdivision control law was in effect in the city or town in which the subdivision was located or not, and whether the plan of the subdivision was approved by the planning board or not, shall have the same validity in all respects as if said plan had been so approved, but the land court shall not register or confirm a plan of a subdivision in a city or town in which the subdivision control law is in effect which has been filed on or after February first, nineteen hundred and fifty-two, unless it has first verified the fact that the plan filed with it has been approved by the planning board, or would otherwise be entitled if it had related to unregistered land, to be recorded in the registry of deeds. The land court shall have jurisdiction in so far as affects land registered or to be registered or confirmed under chapter one hundred and eighty-five, to determine whether the subdivision control law has been complied with, and shall verify before registering or confirming any plan of land in any city or town in which the subdivision control law is in effect, that the plan filed with it is entitled to be recorded in accordance with the subdivision control law, and every plan heretofore or hereafter registered or confirmed by the land court pursuant to said chapter one hundred and eighty-five shall for the purposes of the subdivision control law be deemed to be, and shall be invested with all the rights and privileges of, a plan approved pursuant to said law. In case of conditions imposed pursuant to section eighty-one R or eighty-one U of said law, and set forth or referred to by endorsement on the plan filed with it, the land court shall cause said conditions to be set forth or referred to on the plan prepared by it therefrom for registration or confirmation, or in the decree of registration or confirmation or certificate of title issued for the land shown thereon.

Any planning board having powers of subdivision control under corresponding provisions of earlier laws shall have all of the powers and be subject to all of the duties of a planning board with respect to subdivision control under sections eighty-one K to eighty-one FF, inclusive, without any further action by such city or town. If any provision of sections eighty-one K to eighty-one GG, inclusive, known as the subdivision control law, or in the administration thereof, shall be held to be unconstitutional, it shall not affect any other provision of said sections or the administration thereof.

Cities and towns which accept this section or have accepted corresponding provisions of earlier laws may, except where their charters make special provisions therefor, establish art commissions in accordance with the two following sections. In cities such acceptance shall be by the city council and in towns at an annual town meeting.

Within sixty days after the acceptance of the preceding section, the school committee, the board of trustees of the public library and the board of park commissioners, or the members of three similar boards designated by the town at the time of such acceptance, shall each send in writing to the mayor or the selectmen the names of two citizens of the town, and the mayor or selectmen shall, as soon as may be, appoint from the persons so nominated an art commission of three members to serve without compensation, one to serve until the first day of May succeeding the appointment, one to serve until one year from said first of May, and one to serve until two years from said first of May. Thereafter, prior to the first day of April in each year, the several boards designated shall each send in writing to the mayor or selectmen the name of one citizen of the town, and the mayor or selectmen shall, from the persons so nominated, appoint one member to serve for three years from the first day of May in that year or until a successor is qualified. The members so appointed may be removed in cities by a vote of two thirds of the city council and in towns by a vote of two thirds of the voters at an annual town meeting; and thereafter section eighty-two shall not apply to such city or town unless again accepted as provided therein.

In any town which has accepted section eighty-two or corresponding provisions of earlier laws, no municipal structure shall be erected, and no work of art or ornament or object of utility, except authorized structures of public service corporations and public watering troughs or drinking fountains not constituting works of art or ornament, shall be placed on any public ways or on any public lands other than cemeteries, and no work of art or object of decoration shall be placed in or upon any public or municipal building or be removed, relocated or altered, unless the design thereof or the action to be taken therewith shall have been approved in writing by the art commission, or unless said commission shall have failed to disapprove the same in writing within thirty days after its submission. Whoever violates the provisions of this section shall be punished by a fine of not more than two hundred dollars.

The mayor or the selectmen, on the written request of any person engaged in buying, selling or transporting goods or commodities which require weighing, surveying or measuring, shall appoint weighers, measurers or surveyors of such goods or commodities, who shall be sworn before entering upon their duties, shall serve for one year, and may be removed at any time by the appointing authority. At least one such weigher, measurer and surveyor in each town shall not be engaged in the business of buying, selling or transporting the goods or commodities weighed, measured or surveyed by him, but no person shall be ineligible for appointment because of sex or because of residence elsewhere than in the town where appointed, notwithstanding any provisions to the contrary in any general or special act.

All persons appointed under section eighty-five shall keep accurate records, in the form prescribed by the director of standards, of all weighings, measurements or surveys made by them, which shall at all reasonable times be open to inspection by said director and his inspectors and by the local sealer of weights and measures. If any person so appointed shall wilfully misrepresent the weight, quantity or measurements of any goods weighed, measured or surveyed by him, he shall be punished by a fine of not more than one hundred dollars.

The two preceding sections shall not affect the provisions of law for the appointment of weighers, measurers or surveyors of particular commodities.

The director of standards, upon the written request of the colonel of state police, shall appoint any of those persons appointed under section ten of chapter twenty-two C as weighers and measurers of motor vehicles and trailers and of the loads of such vehicles and trailers. Before entering upon their duties, such weighers and measurers shall be sworn. Such officers shall serve as long as they have the powers of police officers or until said colonel shall in writing request the director to revoke such appointment.

The mayor of each city, and the selectmen of each town, where salt water fish are landed from vessels, shall annually appoint a public weigher of fish, to hold office for one year from the time of his appointment and until his successor is appointed, who shall be sworn to the faithful performance of his official duties and shall give bond, with sureties, in the sum of five thousand dollars.

A public weigher of fish may appoint, subject to the approval of the mayor or the chairman of the selectmen, deputy weighers, for whose official conduct he shall be answerable, who shall be sworn, and from each of whom such weigher shall require a bond, with sureties, in the sum of one thousand dollars. The weigher and his deputies shall not be interested directly or indirectly in the buying or selling of fish.

A weigher or any of his deputies who violates his oath of office shall be punished by a fine of not less than twenty-five nor more than one hundred dollars, and shall forfeit his office.

Whoever hinders, or obstructs, or in any way interferes with a public weigher of fish or any of his deputies, in the performance of their official duties, shall be punished by a fine of not more than fifty dollars.

In a city in which the city council accepts this section, or has accepted corresponding provisions of earlier laws, constables shall be appointed by the mayor for terms not exceeding three years. The mayor may, with the consent of the board of aldermen, remove a constable from office for gross misconduct.

The selectmen in any town may from time to time appoint, for terms not exceeding three years, as many constables as they deem necessary.

Constables shall not be appointed by mayors or selectmen under section ninety-one or ninety-one A except as hereinafter provided. A person desiring to be appointed as aforesaid shall make a written application therefor to the appointing authority stating his reasons for desiring such appointment and such information as may be reasonably required by said authority relative to his fitness for said office. Such application shall also contain a statement as to the moral character of the applicant signed by at least five reputable citizens of the city or town of his residence, one of whom shall be an attorney-at-law. The appointing authority shall also investigate the reputation and character of every applicant and his fitness for said office. The chief of police or other official having charge of the police shall upon request give the appointing authority all possible assistance in making such investigation. The office of constable shall be filled only by appointment of an applicant hereunder who is found by the appointing authority, after investigation as aforesaid, to be a person of good repute and character and qualified to hold said office.

A constable who has given bond to the town in a sum of not less than one thousand dollars, with sureties approved by the selectmen, conditioned for the faithful performance of his duties in the service of all civil processes committed to him, and has filed the same, with the approval of the selectmen endorsed thereon, with the town clerk, may within his town serve any writ or other process in a personal action in which the damages are not laid at a greater sum than two hundred dollars, and in replevin in which the subject matter does not exceed in value two hundred dollars, and any writ or other process under chapter two hundred and thirty-nine. A constable who has filed such a bond, in a sum of not less than five thousand dollars, may, within his town, also serve any such writ or other process in which the damages are laid at a sum not exceeding $7,000, and any process in replevin in which the subject matter does not exceed in value $7,000.

The town clerk shall note upon every bond given by a constable the time of filing. Any person injured by a breach of the condition thereof may, at his own expense, sue thereon in the name of the town, and the proceedings shall be the same as in an action by a creditor on an administrator's bond. The writ shall be endorsed by him and, if he is not a resident of the commonwealth, it shall also be endorsed by a responsible resident thereof. If judgment is for the defendant, execution shall issue for costs against the endorser as if he were a plaintiff of record.

Constables may serve the writs and processes described in section ninety-two and warrants and processes in criminal cases, although their town, parish, religious society or district is a party or interested. They shall have the powers of sheriffs to require aid in the execution of their duties. They shall take due notice of and prosecute all violations of law respecting the observance of the Lord's day, profane swearing and illegal gaming. They shall serve all warrants and other processes directed to them by the selectmen of their town for notifying town meetings or for other purposes. They may serve by copy, attested by them, demands, notices and citations, and their returns of service thereof shall be prima facie evidence; but this provision shall not exclude the service thereof by other persons.

A constable, in the execution of a warrant or writ directed to him, may convey prisoners and property in his custody under such process beyond the limits of his town, either to the justice who issued it or to the jail or house of correction of his county. If a warrant is issued against a person for an alleged crime committed within any town, any constable thereof to whom the warrant is directed may apprehend him in any place in the commonwealth.

Constables appointed under sections 91, 91A, and 91B or otherwise elected to serve as constables in a city or town shall periodically pay the city or town in which the constable is appointed or elected 25 per cent of all fees the constable collects for the service of civil process under the fee structure established in section 8 of chapter 262. This payment shall be made in installments to be deposited with the city or town treasurer not later than January 15, April 15, July 15 and October 15 of each year, but a constable having less than $500 to deposit at that time shall hold the share for deposit until the sooner of October 15 or the time when the amount due to the city or town under this section equals or exceeds $500. A treasurer receiving funds under this section shall deposit them into the general fund of the city or town, and they shall be expended, subject to appropriation by a majority vote of the city council in a city or by a majority vote of town meeting in a town, for any purpose which the city or town considers necessary.

Each constable shall annually on or before April 15 file with the city or town treasurer an account signed under the penalties of perjury of all fees and money received by him under section 8 of chapter 262 for the service of civil process. Such account shall include an itemization of all civil process fees charged by the constable's civil process office, all revenue received from said fees and all amounts paid by the constable to any city or town treasurer on account of such civil process fees under section 95A.

In any town in which such appointments are not subject to chapter thirty-one, they shall be made annually or for a term of years not exceeding three years, as the selectmen shall determine, and the selectmen may remove such officers for cause at any time during such appointment after a hearing.

No person who has been convicted of any felony or whose name is listed in the national decertification index or the database of decertified law enforcement officers maintained by the Massachusetts peace officer standards and training commission pursuant to chapter 6E shall be appointed as a police officer of a city, town or district.

Every person who receives an appointment to a position on a full-time basis in which he will exercise police powers in the police department of any city or town, shall, prior to exercising police powers, be assigned to and satisfactorily complete a prescribed course of study approved by the municipal police training committee. The provisions of chapter thirty-one and any collective bargaining agreement notwithstanding, any person so attending such a school shall be deemed to be a student officer and shall be exempted from the provisions of chapter thirty-one and any collective bargaining agreement for that period during which he is assigned to a municipal police training school, provided that such person shall be paid the regular wages provided for the position to which he was appointed and such reasonable expenses as may be determined by the appointing authority and be subject to the provisions of chapter one hundred and fifty-two.

Every police officer on a full-time basis in any such municipal police department, shall be assigned to and shall attend a prescribed course of study approved by the municipal police training committee for in-service officers training at such intervals and for such periods as said department may determine. Any such police officer who receives an appointment to a position of higher rank shall, in addition, complete such other courses of supervisory training as said committee may determine. While attending such school or completing such courses, such persons shall be paid his regular wages as a police officer and shall receive such reasonable expenses as may be determined by the appointing authority.

Each person appointed as a reserve, or intermittent police officer, in a city or town shall, prior to exercising police powers, satisfactorily complete a course of study prescribed by said committee.

Upon petition to the department of criminal justice training by the appointing authority, a person appointed to a position on a full-time basis in which he will exercise police powers in the police department of any city or town may be exempted by said committee, in whole or in part, from the provisions of this section prior to his exercising police powers. The requirement that training be completed prior to exercising any police powers may be waived by said committee.

Failure of an appointed person to comply with the provisions of this section prior to his exercising police powers, shall result in the appointed person's removal by the appointing authority, provided said person has not been exempted therefrom by said committee as herein provided. Failure of an appointed person to satisfactorily complete the prescribed course of study may result in his removal by the appointing authority.

In towns which accept this section or have accepted corresponding provisions of earlier laws there shall be a police department established under the direction of the selectmen, who shall appoint a chief of police and such other police officers as they deem necessary, and fix their compensation in an amount not in the aggregate exceeding the annual appropriation therefor. In any such town in which such appointments are not subject to chapter thirty-one, they shall be made annually or for a term of years not exceeding three years, as the selectmen shall determine, and the selectmen may remove such chief or other officers for cause at any time during such appointment after a hearing. The selectmen may make suitable regulations governing the police department and the officers thereof. The chief of police shall be in immediate control of all town property used by the department, and of the police officers, who shall obey his orders.

In any town which accepts this section there shall be a police department established by the selectmen, and such department shall be under the supervision of an officer to be known as the chief of police. The selectmen of any such town shall appoint a chief of police and such other officers as they deem necessary, and fix their compensation, not exceeding, in the aggregate, the annual appropriation therefor. In any such town in which such appointments are not subject to chapter thirty-one, they shall be made annually or for a term of years not exceeding three years, as the selectmen shall determine, and the selectmen may remove such chief or other officers for cause at any time after a hearing. The chief of police in any such town shall from time to time make suitable regulations governing the police department, and the officers thereof, subject to the approval of the selectmen; provided, that such regulations shall become effective without such approval upon the failure of the selectmen to take action thereon within thirty days after they have been submitted to them by the chief of police. The chief of police in any such town shall be in immediate control of all town property used by the department, and of the police officers, whom he shall assign to their respective duties and who shall obey his orders. Section ninety-seven shall not apply in any town which accepts the provisions of this section. Acceptance of the provisions of this section shall be by a vote at an annual town meeting.

There shall be within the police department of every city and town, or grouping of cities and towns with the approval of the secretary of the executive office of public safety, a rape reporting and prosecution unit which shall be designed to improve the quality of rape reporting, counselling, and prosecution. Said units shall consist of police investigators who shall have completed a course of training in the counselling of victims of rape and the prosecution of alleged perpetrators of the crime of rape which shall be approved and funded by the municipal police training committee established by section one hundred and sixteen of chapter six. Each department shall make efforts to employ women police officers to serve in said units. A victim of rape who is male shall, whenever possible, be interviewed initially by a male police officer, and a victim of rape who is female shall, whenever possible, be interviewed initially by a woman police officer. Each unit shall in addition make use of such counselors, attorneys, and medical personnel as are necessary to provide a broad range of therapeutic services for victims of rape.

Each unit shall provide personnel with training in the use of a standardized kit for the collection and preservation of evidence in rape cases. Such kit shall be designed by said municipal police training committee and shall include instructions, standardized reporting forms, and appropriate receptacles for the collection and preservation of evidence for laboratory and police use. Each kit shall also include medically and factually accurate written information prepared by the commissioner of public health about emergency contraception.

[Third through fifth paragraphs applicable as provided by 2016, 295, Sec. 3.]

At the time the evidence is obtained, a hospital licensed pursuant to chapter 111 shall inform a victim of rape or sexual assault that the evidence of rape or sexual assault preserved in a kit shall be kept for a period of not less than 15 years. This notice shall be provided to the victim in writing by the hospital.

A governmental entity, including a local law enforcement agency, a district attorney's office or any other official body of the commonwealth or of a county, city or town, that is in possession of forensic evidence, as defined in section 220 of chapter 111, that is collected for its potential evidentiary value during the investigation of a rape or sexual assault shall retain that forensic evidence for the length of the statute of limitations for the identified crime whether or not that crime has been charged, and in no case shall the forensic evidence be retained for less than 15 years. Each governmental entity shall retain all such forensic evidence in a manner that is reasonably designed to preserve the forensic evidence and to prevent its destruction or deterioration.

The director of the crime laboratory within the department of state police and the forensic sciences advisory board established by section 184A of chapter 6, shall promulgate regulations governing the retention and preservation of forensic evidence by a governmental entity. The regulations shall include: (i) standards for maintaining the integrity of the materials over time; (ii) the designation of officials at each governmental entity with custodial responsibility; and (iii) requirements for contemporaneously recorded documentation of individuals having and obtaining custody of the forensic evidence.

Each rape reporting and prosecution unit shall, in addition to the services provided in section ninety-seven B, establish a special telephone exchange for the reporting of rape which may be utilized at any hour of day or night and shall widely publicize this number and information concerning the activities of the unit throughout the city or town.

All reports of rape and sexual assault or attempts to commit such offenses, all reports of abuse perpetrated by family or household members, as defined in section 1 of chapter 209A, and all communications between police officers and victims of such offenses or abuse shall not be public reports and shall be maintained by the police departments in a manner that shall assure their confidentiality; provided, however, that all such reports shall be accessible at all reasonable times, upon written request, to: (i) the victim, the victim's attorney, others specifically authorized by the victim to obtain such information, prosecutors and (ii) victim-witness advocates as defined in section 1 of chapter 258B, domestic violence victims' counselors as defined in section 20K of chapter 233, sexual assault counselors as defined in section 20J of chapter 233, if such access is necessary in the performance of their duties; and provided further, that all such reports shall be accessible at all reasonable times, upon written, telephonic, facsimile or electronic mail request to law enforcement officers, district attorneys or assistant district attorneys and all persons authorized to admit persons to bail pursuant to section 57 of chapter 276. Communications between police officers and victims of said offenses and abuse may also be shared with the forgoing named persons if such access is necessary in the performance of their duties. A violation of this section shall be punished by imprisonment for not more than 1 year or by a fine of not more than $1,000, or both such fine and imprisonment.

In any city or town which accepts the provisions of this section, the chief of police may, without loss of pay or vacation time, attend the annual convention of the New England Association of Chiefs of Police and the annual convention of the International Association of Chiefs of Police.

No city or town shall require a member of its police department, or other employee with police powers, to perform the duties of a firefighter during his tour of duty; provided, however, that nothing in this section shall prohibit any such member from serving as a call or volunteer firefighter, or from responding to an emergency in the normal course of his duties. No police officer, or other employee with police powers, shall, in connection with any industrial or labor dispute, perform the duties of a firefighter or any duties other than those regularly assigned to him.

The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process. They shall suppress and prevent all disturbances and disorder. They may carry within the commonwealth such weapons as the chief of police or the board or officer having control of the police in a city or town shall determine; provided, that any law enforcement officer of another state or territory of the United States may, while on official business within the commonwealth, carry such weapons as are authorized by his appointing authority. They may examine all persons abroad whom they have reason to suspect of unlawful design, and may demand of them their business abroad and whither they are going; may disperse any assembly of three or more persons, and may enter any building to suppress a riot or breach of peace therein. Persons so suspected who do not give a satisfactory account of themselves, persons so assembled and who do not disperse when ordered, and persons making, aiding and abetting in a riot or disturbance may be arrested by the police, and may thereafter be safely kept by imprisonment or otherwise unless released in the manner provided by law, and taken before a district court to be examined and prosecuted.

Whoever is arrested and charged with any offense committed during a riot, disturbance or mass demonstration may be fingerprinted, in accordance with the protocol of the identification system of the department of the state police and may be photographed.

If a police officer stops a person for questioning pursuant to this section and reasonably suspects that he is in danger of life or limb, he may search such person for a dangerous weapon. If he finds such weapon or any other thing the possession of which may constitute a crime, he may take and keep it until the completion of the questioning, at which time he shall return it, if lawfully possessed, or he shall arrest such person.

A police officer of a city or town who is empowered to make arrests within a city or town may, on fresh and continued pursuit, exercise such authority in any other city or town for any offence committed in his presence within his jurisdiction for which he would have the right to arrest within his jurisdiction without a warrant. Said officer may return any person so arrested to the jurisdiction wherein said offence was committed. Nothing contained in this section shall be construed as limiting the powers of a police officer to make arrests and in so far as possible this section shall be deemed to be declaratory of the common law of the commonwealth.

In every city or town which has a population of forty thousand or more and which accepts the provisions of this section there shall be at all times a minimum of one police officer on foot patrol for every ten thousand inhabitants or major portion thereof.

“On foot patrol”, as used in this section, shall mean an assignment to patrol a certain area on foot.

In any city or town which accepts the provisions of this section no uniformed police officer, and no other uniformed person empowered to make arrests, employed by such city or town shall be required to wear a badge, tag or label of any kind which identifies him by name, but any such officer or other person employed by such city or town who does not wear any such badge, tag or label shall wear a badge, tag or label which identifies him by number.

Each city or town shall issue to every full-time police officer employed by it an identification card bearing the officer's photograph and identifying information. The secretary of public safety and security may adopt regulations relative to the form, content and issuance of such identification cards and to the carrying thereof by municipal police officers. Such identification card shall be carried on the officer's person and shall be exhibited upon lawful request for purposes of identification.

No person or persons shall solicit the public in any manner or form using the word “police” or “firefighter” or any derivative thereof without using the name or names of the city or town police or firefighters organization sponsoring such solicitation.

Each police department and each college or university to which officers have been appointed pursuant to section 63 of chapter 22C shall make, keep and maintain a daily log, written in a form that can be easily understood, recording, in chronological order, all responses to valid complaints received, crimes reported, the names, addresses of persons arrested and the charges against such persons arrested. All entries in said daily logs shall, unless otherwise provided in law, be public records available without charge to the public during regular business hours and at all other reasonable times; provided, however, that the following entries shall be kept in a separate log and shall not be a public record nor shall such entry be disclosed to the public, or any individual not specified in section 97D: (i) any entry in a log which pertains to a handicapped individual who is physically or mentally incapacitated to the degree that said person is confined to a wheelchair or is bedridden or requires the use of a device designed to provide said person with mobility, (ii) any information concerning responses to reports of domestic violence, rape or sexual assault, (iii) any entry concerning the arrest of a person for assault, assault and battery or violation of a protective order where the victim is a family or household member, as defined in section 1 of chapter 209A, or (iv) any entry concerning the arrest of a person who has not yet reached 18 years of age.

Any city, town or district police department which requires an investigating police officer to make a report concerning an incident, offense or alleged offense investigated, or any arrest made, on a form provided by the department, shall include on said form a space to indicate whether said incident, offense, alleged offense or arrest involved abuse as defined in section one of chapter two hundred and nine A.

An agreement by a law enforcement agency, as defined in section 1 of chapter 6E, to settle a complaint of professional misconduct by a law enforcement officer, as defined in said section 1 of said chapter 6E, shall not include a nondisclosure, non-disparagement or other similar clause in a settlement agreement between the law enforcement agency and a complainant unless the complainant requests such provision in writing.

The mayor, selectmen, chief of police, or person however designated having the duties of a chief of police, or, in the absence of the chief of police, or person however designated having the duties of a chief of police, the commanding officer, may upon the request of the mayor, selectmen, chief of police, or person however designated having the duties of a chief of police, or in the absence of the chief of police or person however designated having the duties of a chief of police, the commanding officer of any other city or town, provide police officers, who shall have the authority of constables and police officers within the limits of such city or town, except as to the service of civil process, and, while exercising such authority within such limits, shall have the same immunities and privileges as when acting within their respective cities and towns; and the city or town providing said officers shall be entitled to receive from such city or town the amount paid to them for their service, including their necessary traveling expenses.

Any member of the regular police or fire department and fire alarm division of a city or town appointed subsequent to August first, nineteen hundred and seventy-eight shall reside within fifteen miles of the limits of said city or town. Said distance shall be measured from the closest border limits of said city or town in which said member is employed to the closest border limits of the city or town in which said member lives; provided however, if any said city or town by local ordinance or by-law to which the provisions of paragraph (d) of section seven of chapter one hundred and fifty E of the General Laws shall apply, or by collective bargaining agreement shall require the members of a regular police or fire department appointed on or after August first, nineteen hundred and seventy-eight to be residents of such city or town, the provision of such local ordinance, by-law or collective bargaining agreement shall supersede the provision of this section and provided further such local ordinance, by-law or collective bargaining agreement shall apply only to those members of a regular police or fire department appointed subsequent to the adoption of such local ordinance, by-law or collective bargaining agreement.

The purpose of this and the nine following sections, which shall be designated and may be known as “The regional police district law”, is to permit two or more contiguous towns to establish a regional police district and organize a common police department to serve and protect the inhabitants of said towns.

Sections ninety-nine B to ninety-nine K, inclusive, shall not apply to any town in which the provisions of chapter thirty-one are in effect with respect to the members of the police force or the chief of police.

Any group of contiguous towns may, by vote of their respective registered voters, vote to establish a regional police district, the area of jurisdiction of which shall be the combined corporate limits of the member towns.

In towns using official ballots at town elections, acceptance of the provisions of the regional police district law shall be by vote in answer to the following questions to be placed on the official ballot at an annual town election as hereinafter provided, and in towns not using official ballots at town elections such acceptance shall be by vote at an annual town meeting. Upon the filing, with the clerk of any town using official ballots at town elections, of a petition signed by the board of selectmen requesting that the question of accepting the provisions of the regional police district law be placed upon the official ballot, the clerk shall place such questions on the official ballot for the next town election occurring more than thirty days after the filing of such petition. The questions to be voted on shall be:— A. Shall the town accept the provisions of sections ninetynine B to ninety-nine K, inclusive, of chapter forty-one of the General Laws, providing for the establishment of a regional police district, together with the town (towns) of? B. Shall the police department provided for in question A be under the control and supervision of the regional police district commission and otherwise be governed by section ninety-seven of chapter forty-one of the General Laws governing local police department? C. Shall the police department provided for in question A be under the sole control and supervision of the chief of police appointed by the regional police district commission and otherwise be governed by section ninety-seven A of chapter forty-one of the General Laws governing local police departments?

If a majority of the voters in each town voting on question A is in the affirmative, the proposed regional police district shall be deemed to be established.

If a majority of all the votes cast in the affirmative in the towns voting on question B is greater than the majority voting in the affirmative on question C, then the police department so established will be governed by section ninety-seven of said chapter forty-one; however, if a majority of all the votes cast in the affirmative in the towns voting on question C is greater than the majority voting in the affirmative on question B, the police department so established will be governed by the provisions of section ninety-seven A of said chapter forty-one.

A regional police district established under section ninety-nine D shall be a body politic and corporate with all the powers and duties conferred by law upon police departments, and with the following additional powers and duties:

The powers, duties and liabilities of a regional police district shall be vested in and exercised by a regional police district commission organized by the boards of selectmen of the member towns. Each said board shall appoint two members of the commission within three months of the adoption of the regional police district law, for terms of such length and so arranged that the term of one appointee will expire each year, and their successors shall be appointed in a like manner for terms of two years. Vacancies shall be filled in a like manner for the unexpired term. All members shall serve without compensation but may be reimbursed for expenses actually incurred in the transaction of the business of the commission. The commission shall choose annually a chairman and a vice chairman by ballot from its membership. The vice chairman shall, in the absence of the chairman, exercise the powers and perform the duties of said chairman. It shall appoint a secretary and a treasurer who may be the same person, but who need not be members of said commission. The treasurer shall receive and take charge of all money belonging to the district, and shall pay any bill of the district which shall have been approved by the commission. The commission may appoint an assistant treasurer who need not be a member of the commission, and who shall, in the absence of the treasurer, perform his duties and shall have the powers and be subject to the requirements and penalties applicable to him. The treasurer and assistant treasurer may, by vote of said commission, be compensated for their services. The treasurer and assistant treasurer of said district shall be subject to the provisions of sections thirty-five, fifty-two and one hundred and nine A of chapter forty-one, to the extent applicable. If the office of secretary is vacant or if the secretary is absent or is unable to perform his duties because of disability, the commission may appoint a temporary secretary to hold such office and exercise the powers and perform the duties thereof until a secretary is duly appointed or the secretary who was disabled or absent resumes his duties.

The regional police district commission shall annually determine the amounts necessary to be raised to maintain and operate the district police during the ensuing calendar year, and the amounts required for payment of debt and interest incurred by the district which will be due in said year, and shall apportion the amount so determined among the member towns in accordance with the provisions of section ninety-nine I. The amounts so apportioned for each town shall, prior to December thirty-first in each year, be certified by the regional police district treasurer to the treasurers of the member towns. Each town shall, at the next annual town meeting, appropriate the amounts so certified and the town treasurer shall pay the amount so appropriated to said district forthwith.

The treasurer of any member town of a regional police district with the approval of the board of selectmen may, during the interval between January first and the date when such town makes the annual appropriation of the amount apportioned to it as provided in the first paragraph, make payments to the regional police district from the treasury of such town from any funds available therein. Such payments shall not exceed in the aggregate one third of the amount so apportioned and shall be charged against such appropriation.

For the purpose of organizing a department as provided in section ninety-nine J, the treasurer of any member town of a regional police district with the approval of the board of selectmen may, during the interval between the establishment of the commission as provided in section ninety-nine F and the following December thirty-first, make payments to the regional police district from the treasury of such town from any funds available therein. Such payments shall not exceed three thousand dollars per member town and shall be charged against the first annual appropriation.

The director of accounts in the department of revenue shall annually cause an audit to be made of the accounts of the regional police district commission, and for this purpose he, and his duly accredited agents, shall have access to all necessary papers, books and records. Upon the completion of each audit, a report thereon shall be made to the chairman of the selectmen of each town which is a member of the district. The director shall apportion the cost among the member towns on the basis provided by section ninety-nine I, and submit the amounts of each apportionment to the state treasurer who shall issue his warrant requiring the assessors of the towns which are members of the district to assess a tax to the amount of the expense, and such amounts shall be collected and paid to the state treasurer as provided by section twenty of chapter fifty-nine.

Said commission shall, annually not later than December first, estimate the amount of money required to pay the costs and expenses of the district for the following year and shall fix and determine the proportion of such costs and expenses to be paid by the member towns using the following formula:

Fifty per cent thereof shall be assessed upon all towns in the district in the proportion which the total equalized valuation in each said town bears to the total equalized valuation in the district. When used in this section “equalized valuation” shall mean the equalized valuation of the aggregate property in a town subject to local taxation, as most recently reported by the commissioner of revenue to the general court under the provisions of section ten C of chapter fifty-eight.

Twenty-five per cent thereof shall be assessed upon all towns in the district in the proportion which the number of inhabitants in each said town bears to the total number of inhabitants in the district. The number of inhabitants shall be determined in accordance with the last preceding federal census.

Twenty-five per cent thereof shall be assessed upon all towns in the district in the proportion which the total mileage of state highways and town ways in each said town, as most recently determined by the state department of highways, bears to the total mileage of state highways and town ways in the district.

Each regional police district commission shall organize a regional district police department, and such department shall begin operations and otherwise take effect on January first following acceptance of the provisions of the regional police district law. Each regional district police department so established shall succeed any existing town police departments, whether fully organized or not, within its district, and each such town police department shall cease to exist on December thirty-first following the acceptance of the provisions of the regional police district law. Any pending criminal prosecutions of the police of the member towns shall be assumed by the regional district police department, and all town police employees who immediately prior to the effective date of the district held positions classified under chapter thirty-one or had tenure in their positions by special act shall be transferred to the service of the district police department upon the establishment of said department; every such transfer to be without impairment of civil service status, seniority, retirement and other rights of the employee, without interruption of his service within the meaning of said chapter thirty-one or special act, and without reduction in his compensation and salary grade, notwithstanding any change in his title or duties made as a result of such transfer. Said district police department shall be considered a single town police department as that phrase is used or implied in the general laws, and all general laws applicable to town police departments shall apply to such district police departments. If a majority of towns in said district shall vote to accept the provisions of chapter thirty-one, at annual elections held therein, with respect to such district, by the method provided in section fifty-four of said chapter, the provisions of said chapter shall apply to said district. Any such district department shall be under the supervision of an officer known as the chief of police.

The chief and other police officers of all regional police districts shall have, throughout their respective districts, unless a different meaning is clearly apparent from the language or context, all the powers, duties, immunities and privileges conferred by the General Laws on chiefs and police officers of the towns.

In towns using official ballots at town elections, revocation of the provisions of the regional police district law shall be by vote in answer to a question placed on the official ballot at an annual town election as hereinafter provided, and in towns not using official ballots at town elections such revocation shall be by vote at an annual town meeting. Upon the filing, with the clerk of any town using official ballots at town elections, of a petition signed either by the board of selectmen or by not less than five per cent of the total number of registered voters thereof, requesting that the question of revoking acceptance of the provisions of this law be placed upon the official ballot, the clerk shall place such question on the official ballot for the next town election occurring more than thirty days after the filing of such petition. The question to be voted on shall be:—“Shall the acceptance by the town of the provisions of sections ninety-nine B to ninety-nine K, inclusive, of chapter forty-one of the General Laws which provided for the establishment of a regional police district, together with the town (towns) of , be revoked?”

If such revocation is favored by a majority of the voters voting thereon, the acceptance of this law by such town shall be revoked and this law shall become null and void in said town beginning one year after such vote; provided, however, if any such town while a member of the district voted to accept the provisions of chapter thirty-one with respect to said district, the provisions of said chapter thirty-one shall remain in effect in said town and any person transferred to said town from the district as a result of such revocation shall be transferred without impairment of civil service status, seniority, retirement and other rights, without interruption of his service within the meaning of said chapter thirty-one and without reduction in his compensation and salary grade, notwithstanding any change in his title or duties made as a result of such transfer.

Whenever a town revokes acceptance of this law and withdraws from a regional police district said town shall remain liable for its share of any obligation of the district incurred while said town was a member of said district.

Whenever a town revokes acceptance of this law and withdraws from a regional police district and thereby breaks the contiguity required by section ninety-nine C, the remaining towns shall continue to form a district notwithstanding the absence of contiguity.

Upon application by a fire fighter or police officer of a city, town or fire or water district, or in the event of the physical or mental incapacity or death of such fire fighter or police officer, by someone in his behalf, the board or officer of such city, town or district authorized to appoint fire fighters or police officers, as the case may be, shall determine whether it is appropriate under all the circumstances for such city, town or district to indemnify such fire fighter or police officer for his reasonable hospital, medical, surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for chiropody (podiatry) incurred as the natural and proximate result of an accident occurring or of undergoing a hazard peculiar to his employment, while acting in the performance and within the scope of his duty without fault of his own. If such board or officer determines that indemnification is appropriate, such board or officer shall certify for payment, either directly or by way of reimbursement, by such city, town or district, in the same manner as a bill lawfully incurred by such board or officer but out of an appropriation for the purposes of clause (32) of section five of chapter forty, such of said expenses as may be specified in such certificate. Whenever such board or officer denies an application in whole or in part, such board or officer shall set forth in writing its or his reasons for such denial and cause a copy thereof to be delivered to the applicant. At any time within two years after the filing of an application as aforesaid, an applicant aggrieved by any denial of his application or by the failure of such board or officer to act thereon within six months from the filing thereof may petition the superior court in equity to determine whether such board or officer has without good cause failed to act on such an application or, in denying the application, in whole or in part, has committed error of law or has been arbitrary or capricious, or has abused its or his discretion, or otherwise has acted not in accordance with law. After due notice and hearing, such court may order such board or officer to act on such application or to consider, or further consider, and determine the same in conformity with law.

Notwithstanding the provisions of section one hundred A or section one hundred D or any contrary provisions of any other general or special law, a city or town shall indemnify a police officer or fire fighter, to the extent and in the manner herein provided and subject to the same limitations, for expenses or damages incurred by him in the defence or settlement of a claim against him for acts done by him while operating a motor vehicle as such police officer or fire fighter.

For the purposes of this section, call firemen and volunteer firemen shall be considered fire fighters. This section shall be construed to require a city, town or district to indemnify, in the manner and to the extent herein provided, any fire fighter or police officer who is assigned to special duty by a superior officer for expenses or damages sustained by such fire fighter or police officer in the performance of such duty, whether or not he is paid for such special duty by the city, town or district, or otherwise. This section shall also be construed to require a city, town or fire or water district to pay compensation, in the manner herein provided, for damages, including loss of pay, for personal injuries, whether or not death results, and for property damage sustained by a person while assisting a police officer thereof in the discharge of his duty upon his requirement, and to require a city, town or fire or water district to indemnity in the manner herein provided a person required to assist a police officer in the performance of his duty for expenses or damages incurred by such person in the defence or settlement of an action against him for acts done by him while so assisting such police officer.

In any city which by ordinance shall so provide, the powers vested, and duties imposed, by this section upon the board or officer authorized to appoint police officers, firemen or members of the fire department of such city shall be exercised and performed by a majority of the members of a panel consisting of (a) such officer or the chairman of such board, (b) the city solicitor or other officer having similar duties or a person designated in writing by such solicitor or officer to act for him, and (c) such physician as the city manager or, if there is none, the mayor shall in writing appoint.

In any town which by by-law shall so provide, the powers vested, and duties imposed, by this section upon the board or officer authorized to appoint fire fighters in such town shall be exercised and performed by a majority of the members of a panel consisting of (a) such officer or the chairman of such board, (b) the town counsel or other officer having similar duties or a person designated in writing by such counsel or officer to act for him, and (c) such physician as the board of selectmen shall in writing appoint.

Where the injury for which any payment is made under the provisions of this section by a city, town or fire or water district for reasonable hospital, medical, surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for chiropody (podiatry) was caused under circumstances creating a legal liability in some person to pay damages in respect thereof, either the person so injured or the city, town or fire or water district making such payment may proceed to enforce the liability of such person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the city, town or fire or water district making such payment, unless the sum is greater than such payment, in the event the excess shall be retained by or paid to the person so injured. For the purposes of this section, “excess” shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid under this section. The party bringing the action shall be entitled to any costs recovered by him. Any interest received in such action shall be apportioned between the city, town or fire or water district and the person so injured in proportion to the amounts received by them respectively, exclusive of interest and costs. The expense of any attorney's fees shall be divided between the city, town or fire or water district and the person so injured in proportion to the amounts received by them respectively.

Whoever intentionally or negligently injures a firefighter or police officer for which he is paid indemnification under this section shall be liable in tort to the city, town or fire or water district for the amount of indemnification so paid.

Any city operating under a Plan D or Plan E charter which accepts this section by the affirmative vote of two thirds of all the members of its city council, and any other city which accepts this section by a majority vote of its city council with the approval of its mayor, and any town which accepts this section by a majority vote of its inhabitants at an annual town meeting or a special town meeting, may, upon written application by any of its police officers or fire fighters retired either before or after the acceptance of this section under a general or special law specifically relating to retirement for accidental disability, except a special law applicable to one person, or in the event of the death of any such police officer or fire fighter, upon written application by his widow or, if he leaves no widow, by his next of kin, indemnify, out of any funds appropriated for the purposes of this section, such police officer or fire fighter or, in the event of his death, his widow, or if he leaves no widow, his next of kin, for all reasonable hospital, medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for podiatry incurred by such police officer or fire fighter after his retirement; provided, however, that no person shall be indemnified under this section unless a majority of the members of a panel consisting of (a) the chairman of the retirement board of the city or town, (b) the city solicitor, town counsel or other officer having similar duties or a person designated in writing by such solicitor, counsel or officer to act for him, and (c) such physician as the city or town manager or, if there is none, the mayor or selectmen in writing appoint shall, upon receipt from the applicant of due proof, certify:—(1) that the expenses for which indemnification is sought were the natural and proximate result of the disability for which the police officer or fire fighter was retired; (2) that such expenses were incurred after the acceptance of this section; (3) that the hospital, medical and surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for podiatry to which such expenses relate were rendered within six months before the filing of the application; (4) that such expenses were in no ways attributable to the use by the police officer or fire fighter of any intoxicating liquor or drug or to his being gainfully employed after retirement or to any other willful act or conduct on his part; and (5) that such expenses are reasonable under all the circumstances.

Any city operating under a Plan D or Plan E charter, by the affirmative vote of a majority of its city council or any other city, by a majority vote of its city council with the approval of its mayor, and any town, by a majority vote at an annual or special town meeting, shall pay the reasonable expense, not exceeding two thousand dollars, of the funeral and burial of any firefighter who while in the performance of his duty and as a result of an accident while responding to or returning from an alarm or fire or any emergency or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which he is riding or while at the scene of a fire or any emergency is killed or sustains injuries which result in his death, or of any police officer who while in the performance of his duty and as the result of an assault on his person, or a result of an accident while responding to an emergency while in the performance of his official duty or as result of an accident involving a police department vehicle which he is operating or in which he is riding is killed or sustains injuries which result in his death. The provisions of this section shall become effective in a city or town when accepted by such city or town.

A city operating under a Plan D or Plan E charter, by the affirmative vote of a majority of its city council or any other city, by a majority vote of its city council with the approval of its mayor and a town or a fire or water district, by a majority vote at an annual or special town meeting or a fire or water district meeting, shall pay the reasonable expenses, not exceeding $15,000, of the funeral and burial of: (i) a firefighter who, while in the performance of the firefighter's duty and as a result of an accident while responding to or returning from an alarm or fire or any emergency or as the result of an accident involving a fire department vehicle, which the firefighter is operating or in which the firefighter is riding or while at the scene of a fire or any emergency, is killed or sustains injuries which result in the firefighter's death; or (ii) a police officer who while in the performance of the police officer's duty and as the result of an assault on the police officer's person or a result of an accident while responding to an emergency while in the performance of the police officer's official duty or as result of an accident involving a police department vehicle which the police officer is operating or in which the police officer is riding, is killed or sustains injuries which result in the police officer's death. No payment shall be made under this section in the absence of adequate documentation that the expense has actually been incurred. This section shall become effective in a city, town or a fire or water district when accepted by the city, town or the fire or water district.

In those cities or towns which accept this section, section 100G shall not be applicable.

Members of the police department in a city, town or district may be excused from duty without loss of compensation while in attendance of meetings of the executive board of the Massachusetts police association or of meetings of the executive board of the Massachusetts Coalition of Police, Inc., when such regular meetings are held during the regular tour of duty of such member. The provisions of this section shall become effective in a city or town when accepted by such city or town and in a district when accepted by a majority of the towns comprising such district.

If an action is brought against a law enforcement officer because of damage caused by a dog which said officer was caring for or maintaining in connection with his official duties, the political subdivision employing said officer shall indemnify him for expenses or damages incurred in the settlement or defense of such action; provided that in the case of an officer employed by a city or town such settlement or defense shall have been made by the city solicitor or town counsel or by an attorney legally employed for the purpose by a city or town.

If a town so votes under section twenty-one the selectmen shall appoint a suitable person as chief of the police and fire departments who may be designated as commissioner of public safety. He shall have authority, subject to the approval of the selectmen, to appoint a deputy as chief of the police and one or more deputy chiefs of the fire department. He shall have all the authority of constables and police officers in towns and also the powers and duties of fire engineers, and, subject to the approval of the selectmen, shall fix the compensation of police officers and permanent and call members of the fire department. Such compensation shall not exceed, however, in the aggregate the amount appropriated therefor by the town. The deputy chiefs of the fire department shall under him have the powers of fire engineers relative to the extinguishing of fires in the town and the protection of life and property in case of fire.

Subsequent to January first, nineteen hundred and eighty-eight, no person who smokes any tobacco product shall be eligible for appointment as a police officer or firefighter in a city or town and no person so appointed after said date shall continue in such office or position if such person thereafter smokes any tobacco products; provided, however, that prior to the termination of a police officer or firefighter for a violation of this section, the police officer or firefighter shall be provided with an opportunity to enter a smoking cessation program; provided further, that a subsequent violation may be cause for dismissal. The personnel administrator shall promulgate regulations for the implementation of this section.

If a town votes under section twenty-one to have its selectmen act as a board of health, the selectmen may appoint an inspector of health, who shall assist the selectmen in the performance of their duties as such board.

In any town of not exceeding three thousand inhabitants which votes under section twenty-one to have its selectmen act as a board of health and which accepts this section by vote in town meeting, the selectmen may appoint the school physician to be inspector of health, with the duties set forth in section one hundred and two. Such appointment shall not bar the school physician from the general practice of his profession.

In any town of five thousand inhabitants or more which accepts this section, the board of health shall appoint a full-time inspector of health who shall devote his time to the enforcement of the laws and regulations related to public health and such other duties as may be assigned by said board. This section shall not apply to any town which has formed a district pursuant to section twenty-seven A of chapter one hundred eleven.

A city which accepts this section in the manner provided in the following section or has accepted corresponding provisions of earlier laws, or a town which accepts this section or has accepted corresponding provisions of earlier laws, may establish a purchasing department, to consist of a purchasing agent and such assistants as the city council or selectmen may determine. In cities the salaries of the purchasing agent and assistants shall be determined by the city council. In cities the agent and assistants shall be appointed by the mayor for such terms of office as may be prescribed by ordinance, and in towns they shall be appointed and may be removed by the selectmen. The purchasing agent shall purchase all supplies for the city or town and for every department thereof except in case of emergency. All purchases or contracts for purchases exceeding one thousand dollars in amount shall be based upon competition. A record shall be kept by the department of the prices paid for the supplies, and shall be open to the inspection of any citizen.

A city council, with the approval of the mayor, may vote to submit the preceding section to the qualified voters of the city at any annual city election, in the form of the following question to be placed upon the ballot: “Shall section one hundred and three of chapter forty-one of the General Laws, authorizing the establishment of purchasing departments in cities, be accepted?”

If a majority of the voters voting thereon shall vote in the affirmative, said section shall take effect in that city.

Towns which accept gifts or bequests or appropriate money for the purpose of properly commemorating the services and sacrifices of the soldiers, sailors, marines and airmen who have served the country in war or persons who have rendered military service for the commonwealth in time of war may provide for a board of trustees to have charge and control of the construction of any such memorial, and to have the custody and care thereof after its construction. In cities the board shall consist of the mayor and five members appointed by him and approved by the council, three of whom shall be veterans and two of whom shall not be veterans of any war; two members shall be appointed for one year, two for two years, and one for three years, and as the term of each member expires, a successor shall be appointed for three years. Any vacancy shall be filled in the same manner for the unexpired term. In towns the said board shall consist of the chairman of the board of selectmen, and five members elected by the town in the same manner as other town officers, three of whom shall be veterans and two of whom shall not be veterans of any war; two members shall be elected for one year, two for two years and one for three years, and as the term of each member expires, a successor shall be elected for three years; but until such board is elected, the selectmen may appoint a temporary board to serve until the next annual town meeting. Whenever a member who shall be a veteran is to be elected, the office shall be identified on the ballot and on nomination papers as ''trustee of soldiers' memorials — veteran“ and only candidates who are veterans shall be nominated. Whenever a member who shall not be a veteran is to be elected, the office shall be identified on the ballot and on nomination papers as ”trustee of soldiers' memorials — non–veteran“ and only candidates who are not veterans of any war shall be nominated. Any vacancy occurring in the town board shall be filled for the unexpired term by the remaining members. Such board may make such rules and regulations relative to the use of said memorials as they deem necessary. ”War'' as used in this section shall include, but not be limited to, the following military actions: Korean, Vietnam, Lebanon, and Grenada.

If the town provides by vote or by-law that the tree warden shall be appointed, such appointment shall be made by the board of selectmen. The term of such appointment shall be for three years.

In any city or in a town which exceeds ten thousand inhabitants and which provides by vote, by-law or by ordinance that the tree warden shall be appointed, such appointment shall be made by the mayor, with the approval of the city council or by the board of selectmen. In such city or town, the tree warden shall exercise the duties of tree warden and of insect pest control. Such tree warden shall be qualified by training and experience in the field of arborculture and licensed with the department of food and agriculture in accordance with the provisions of section ten of chapter one hundred and thirty-two B. The term of such appointment shall be for three years.

In any town of not exceeding three thousand inhabitants which accepts this section by vote in town meeting, the selectmen may appoint the school physician to be the town physician. Such appointment shall not bar the school physician from the general practice of his profession.

A town at its annual town meeting may by by-law establish a capital planning committee. Said by-law shall prescribe the composition, mode of appointment or election and terms of the members of said capital planning committee. Said committee shall annually review the capital improvement program, if any, and proposals for the construction of municipal buildings, acquisition of land or personal property and make recommendations to the appropriate officer, board, agency or department. Such recommendations may be included within the annual budget or the annual report required by section sixty-one if authorized by a by-law of the town. Other duties and responsibilities of said capital planning committee may be specified by by-law. Any vacancy occurring shall be filled for the unexpired term in the same manner as the original appointment.

A person who is elected town clerk shall be sworn either by the moderator or by a justice of the peace, and shall enter upon the performance of his duties on the seventh day succeeding his election or as soon thereafter as he is qualified and shall hold office during the term fixed by law, which shall begin on the seventh day succeeding his election, and until another person is qualified in his stead. Every person elected as a moderator of a town or district or to any other town office designated by name in section one, or as an officer of a district, which district includes two or more towns, before entering upon his official duties shall be sworn to the faithful performance thereof either by the town clerk in the case of a moderator, and in all other cases by the moderator, or by the town clerk in the town in which he resides, and, unless other provision is specifically made by law, shall enter upon the performance of his duties on the day after his election, or as soon thereafter as he is qualified, and shall hold office during the term fixed by law, which shall begin on the day after said election, and until another person is qualified in his stead. Every other elected member and every appointed member of every board or commission of a town, and every other elected officer and every appointed officer of a town, shall also, before entering upon his official duties, be sworn to the faithful performance thereof.

The salary and compensation of all elected officers of a town shall be fixed annually by vote of the town at an annual town meeting, but said salary or compensation may be revised by a two-thirds vote of any special town meeting called to conduct business later in the same fiscal year for which said salary or compensation was originally fixed; provided, however, that such salary revision occurs prior to the establishment of the tax rate of the town in said fiscal year. Except as provided in section four A and section one hundred and eight A, and except in any city in which salaries and wages are fixed by special law or by ordinance in accordance with the provisions of any general or special law, all boards or heads of departments of a town shall, as soon as may be after the passage of the annual budget, fix the salary or compensation of all officers or employees appointed or employed by them, subject to the provisions of section thirty-one of chapter forty-four. The provisions of this section shall be operative notwithstanding the provisions of sections thirteen and thirty-four of said chapter forty-four. A city may by ordinance prescribe that all fees, charges or commissions allowed by law to any officer thereof shall be paid into the city treasury and belong to the city, and in such case shall pay such officer such compensation as the city council may determine.

A city by ordinance and a town by by-law may establish, and from time to time amend, a plan classifying any or all positions, other than those filled by popular election and those under the direction and control of the school committee, into groups and classes doing substantially similar work or having substantially equal responsibilities. Such city or town may in like manner or in a city by vote of the city council, subject to the provisions of its charter, and in a town by vote of the town at a town meeting, establish, and from time to time amend, a plan establishing minimum and maximum salaries to be paid to employees in positions so classified, and such salary plan may provide for the attainment of such maximum salaries by periodical step-rate increases based on length of service. Nothing in this section shall be construed to conflict with the provisions of chapter thirty-one. Any by-law adopted under the provisions of this section shall not be subject to section thirty-two of chapter forty.

In any city or town for which a classification plan has been established in accordance with the provisions of paragraph (b) of section five of said chapter thirty-one, the city or town affected thereby shall, within one year after receiving notice from the administrator of the effective date of such classification plan or of said amendment or change, establish, amend or change, as the case may be, a compensation plan with a minimum and maximum salary for each group of positions. No rule or regulation or change in rules or regulations shall be promulgated as a part of any such compensation plan except after a public hearing held not less than two weeks nor more than two months after notice thereof shall have been posted in a conspicuous place in the city or town hall and in at least five other convenient and conspicuous places and shall also have been published on one or more days in one or more newspapers having a circulation in the city or town. Every notice posted shall contain, or have subjoined or annexed thereto, a copy of the proposed rule or regulation. If such rule or regulation or change therein is to be adopted by vote of the town or by by-law, the publication of the proposed rule, regulation or change in the warrant for the town meeting shall be deemed to satisfy the requirements of this paragraph.

In a town in which a district has been created and is operating under a law which requires the assessors of the town to assess district taxes and the collector of taxes of the town to collect such taxes, such district shall annually appropriate money for the salary or compensation of the assessors and collector of taxes, which shall be in addition to the amounts fixed by the town for salary or compensation as provided by section one hundred and eight and shall also include additional compensation for certified collectors as provided in section 108P. The amounts appropriated for said purposes shall not be less than the amounts determined by the prudential committee of the district, or, if there be no prudential committee, by the commissioners of the district and the selectmen of the town. Said districts may also appropriate money for books, forms and other necessary expenses of said assessors and collectors of taxes in connection with the assessment and collection of such taxes.

A town may consolidate, in a single chapter or article, all provisions of its by-laws pertaining to the administration of its personnel, including, among other things, the compensation plan established pursuant to paragraph (b) of section five of chapter thirty-one, the plans established pursuant to section one hundred and eight A of this chapter, and any by-laws adopted pursuant to section twenty-one A of chapter forty, and may provide by by-law for the establishment of a personnel board or other agency for the purpose of administering said plans or other provisions of its by-laws pertaining to personnel, determining any questions arising thereunder, and advising the town in any matters pertaining thereto; provided, however, such consolidated by-law shall not be subject to the approval of the attorney general as provided in section thirty-two of chapter forty.

Notwithstanding the provisions of section thirty-three A of chapter forty-four and any other general or special law to the contrary, the minimum annual compensation of each permanent fire fighter in the fire department of any city or town, except one who by virtue of section sixty-one of chapter thirty-one is not regarded as a tenured employee, shall be not less than fifty-five hundred dollars. This section shall become effective when accepted in a city having a plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by a majority vote at a town meeting.

Notwithstanding the provisions of any general or special law to the contrary, the minimum annual compensation of each regular police officer of the police department of any city or town shall be not less than the following:

For the first year of service four thousand eight hundred and eighty dollars.

For the second year of service five thousand and thirty dollars.

For the third and each succeeding year of service five thousand five hundred dollars.

This section shall become effective when accepted in a city having a plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by majority vote at an annual town meeting.

Notwithstanding the provisions of any general or special law to the contrary, the minimum annual compensation of each fire fighter, permanently employed, in the fire department of any city or town which accepts the provisions of this section, except a fire fighter who, by virtue of section sixty-one of chapter thirty-one is not regarded as a tenured employee, shall be not less than the following:

For the first year of service five thousand five hundred dollars.

For the second year of service six thousand dollars.

For the third and each succeeding year of service six thousand three hundred dollars.

Notwithstanding the provisions of any general or special law to the contrary, the minimum annual compensation of each regular police officer of the police department of any city or town which accepts the provisions of this section shall be not less than the following:

For the first year of service fifty-five hundred dollars.

For the second year of service six thousand dollars.

For the third and each succeeding year of service sixty-three hundred dollars.

In any city or town which accepts the provisions of this section, a member of the fire department assigned to photographic work in said department shall, after completing one year's service in such assignment, receive in addition to his annual salary as a fire fighter a salary increase of six hundred dollars a year, to be paid so long as he is assigned to said photographic work.

In any city or town which accepts the provisions of this section, a member of the police department assigned to photographic or fingerprint identification work in said department shall, after completion of one year's service in such assignment, receive in addition to his annual salary as a police officer a salary increase of six hundred dollars a year, to be paid him so long as he is assigned to said photographic or fingerprint identification work.

In any city or town which accepts this section, male and female employees in classified civil service employed in the same grades who, in the opinion of the personnel administrator, are doing the same type of work with the same preparation and training shall receive equal pay.

A female regular police officer in a city or town shall receive compensation equal, in all respects, to the compensation received by a male regular police officer of equal rank and seniority.

There is hereby established a career incentive pay program offering base salary increases to regular full-time members of the various city and town police departments as a reward for furthering their education in the field of policework.

Police career incentive base salary increases shall be predicated on the accumulation of points earned in the following manner: one point for each semester hour credit earned toward a baccalaureate or an associate degree; sixty points for an associate degree; one hundred and twenty points for a baccalaureate degree; and one hundred and fifty points for a degree of master or for a degree in law; provided, that said credits or degrees were earned in courses leading towards a degree in law enforcement or any course or degree program approved by the board of higher education prior to July 1st, 1976. All semester credits and degrees shall be earned in an educational institution accredited by the New England Association of Colleges and Secondary Schools or by the board of higher education, and shall be credited for the purpose of determining points under this section, notwithstanding the date of appointment of an individual to a position described in the first paragraph of this section.

The board of higher education is hereby authorized and directed to establish and maintain a list of approved courses leading to a degree in law enforcement.

Base salary increases authorized by this section shall be granted in the following manner: a three per cent increase for ten points so accumulated, a six per cent increase for twenty-five points, a ten per cent increase for forty points, a fifteen per cent increase for sixty points, a twenty per cent increase for one hundred and twenty points, and a thirty per cent increase for one hundred and fifty points so accumulated.

Any city or town which accepts the provisions of this section and provides career incentive salary increases for police officers shall be reimbursed by the commonwealth for one half the cost of such payments upon certification by the board of higher education. The board of higher education shall certify the amount of such reimbursement to be paid to such city or town from information filed on or before September first of each year with said board, on a form furnished by it, the chief of police, or one of similar rank, of the city or town police department. Said information shall be filed on a form to be furnished by the board of higher education.

Notwithstanding the provisions of this section, no such regular full-time police officer shall be entitled to such pay increase for points earned after September 1st, 1976; provided, however, that such police officer who is certified as of September 1st, 1976 in the police career incentive program leading to a degree in law enforcement shall only be granted further base salary increases of fifteen per cent for an associate's degree in law enforcement, or sixty points earned toward a baccalaureate degree in law enforcement, a twenty per cent increase for a baccalaureate degree in law enforcement, a thirty per cent increase for a master's degree in law enforcement or for a degree in law; or any police officer enrolled in any course or degree program approved by the board of higher education, prior to July 1st, 1976, shall only be granted further base salary increases of fifteen per cent for an associate's degree or sixty points earned toward a baccalaureate degree, a twenty per cent increase for a baccalaureate degree, and a thirty per cent increase for a master's degree or for a degree in law, provided further, that such percentage increase shall in total, including any previously earned increase, not exceed fifteen per cent for an associate's degree or sixty points earned toward a baccalaureate degree, twenty per cent for a baccalaureate degree, and thirty per cent for a master's degree or for a degree in law, provided further, that any regular full-time police officer commencing such incentive pay program after September 1st, 1976 shall be granted a base salary increase of ten per cent upon attaining an associate's degree in law enforcement or sixty points earned to a baccalaureate degree in law enforcement, a twenty per cent increase upon attaining a baccalaureate degree in law enforcement, and a twenty-five per cent increase upon attaining a master's degree in law enforcement or for a degree in law.

Notwithstanding any other provision of this section to the contrary, the board of higher education shall establish quality guidelines, including, but not limited to, standards and review processes, for programs pursued for police career incentive pay increases under this section. Any such degree shall have been earned through a program approved by the board of higher education as meeting or exceeding academic standards established by the above-mentioned guidelines. Under no circumstances, shall said board certify any program which grants credits for the following: life experience; courses taught by instructors lacking appropriate educational degrees as determined by said board; and courses lacking appropriate concentration on academic and scholarly research. For the purposes of fulfilling the duties and obligations set forth in this section, the board of higher education shall have the authority to conduct periodic reviews of criminal justice or law degree programs offered by independent regionally accredited colleges and universities. The board of higher education shall only certify career incentive pay increases earned through the completion of programs that meet the board's guidelines, but police officers enrolled, prior to the implementation of the quality guidelines, in degree granting programs in order to receive career incentive base salary adjustments shall, upon attainment of said degree, be eligible for certification by the board of higher education to receive career incentive base salary increases pursuant to the provisions of this section in effect prior to the quality guidelines established pursuant to this paragraph. Police officers receiving career incentive base salary adjustments prior to the implementation of the quality guidelines shall continue to receive such base salary adjustments, as certified by said board, pursuant to the provisions of this section in effect prior to the quality guidelines established pursuant to this paragraph.

Only graduates of: (1) criminal justice or law enforcement programs that meet or exceed the guidelines for criminal justice and law enforcement programs, as set forth by the board of higher education and implemented on January 1, 2004; or (2) law schools that are New England Association of School and Colleges accredited or board approved and who have passed the Massachusetts bar examination, shall be eligible for the police career incentive pay program.

The president of a New England Association of Schools and Colleges accredited institution or board of higher education approved institution shall submit a letter of intent to seek approval of its criminal justice degree program to the chancellor of higher education by May 1 of the year in which the institution intends to submit an application. The letter of intent shall include a statement of commitment to implement Standard D, Admission and Articulation, for all students enrolling in a criminal justice or law enforcement program after May 1 of the calendar year in which the letter is submitted. All programs shall meet the guidelines for criminal justice and law enforcement programs as approved by the board of higher education.

An application for approval as a police career incentive pay program participating institution shall be developed by the board of higher education and shall include the following: (1) a profile of the program; (2) demonstration of the program's fulfillment of the standards as stated in the guidelines; and (3) an application fee to cover the evaluation costs of the review process. Applications shall be submitted according to the timetable established by the board of higher education.

Each institution shall pay an evaluation fee to the board of higher education's police career incentive pay program quality assurance trust fund to cover the costs of review of its program. In addition to the fee, the institution shall pay for travel, room, board and other normal expenses of the external evaluation committee. If the committee requires subsequent visits, the board of higher education shall charge for further expenses at its discretion. Evaluation fees shall be determined by the total number of degrees awarded to all students enrolled in the criminal justice and law enforcement program being reviewed based on an average of the 3 years immediately prior to the submission of the application.

Fees shall be determined by the total number of degrees awarded to all students in the criminal justice and law enforcement program being reviewed in the following manner: $1,000 for institutions awarding fewer than 20 criminal justice or law enforcement degrees per year; $1,500 for institutions awarding between 20 and 50 criminal justice or law enforcement degrees per year; $2,000 for institutions awarding between 51 and 100 criminal justice or law enforcement degrees per year; $2,500 for institutions awarding between 101 and 150 criminal justice or law enforcement degrees per year; $3,000 for institutions awarding between 151 and 200 criminal justice or law enforcement degrees per year; and $3,500 for institutions awarding over 200 criminal justice or law enforcement degrees per year.

Once an application is submitted, the following timetable shall apply: (1) within 30 business days, board staff shall determine whether or not the application is complete and notify the institution; (2) within 30 business days of notification to the institution that the application is complete, an external evaluation committee shall be appointed in accordance with the guidelines; (3) within 30 business days of completing the evaluation of a program's application, the external evaluation committee shall submit a report to board staff; (4) within 30 business days of receipt of the report, board staff shall send the committee's report to the institution with a response required; (5) the institution may request an extension, if needed, to respond adequately to the committee's report; (6) within 30 business days of receiving the institution's response, the staff of the board shall evaluate materials submitted by the institution, the committee's written report, the written response from the institution, and any additional information submitted by the institution, including a request for a delay; (7) based on its review, board staff shall make a recommendation to the board for deferral, approval, or disapproval, and the board shall take action by formal vote; and (8) if the board's determination is to disapprove the institution's request, the board shall provide a statement of reasons for the decision.

Programs approved by the board of higher education shall be included on an approved program list for 5 years. The institutions shall annually submit a status report on its approved programs to the board. Programs receiving deferrals from the board shall receive specific conditions that must be met and a timetable for coming into compliance. Programs not approved by the board may not re-apply for at least 1 calendar year following the board's determination.

When, in the judgment of the board staff, a review or inspection of a degree program is necessary, the board, in consultation with the applicant institution, shall select and appoint an external evaluation committee to serve in the following manner: (1) the committee shall review the materials submitted by the program, visit the institution, and submit a report to the board containing recommendations regarding the programs request for approval; (2) the number of reviewers on the committee shall be determined by size, number and level of the program being reviewed and shall, under no circumstances have fewer than 2 academicians; (3) to be eligible to serve as an evaluator, individuals shall have earned at least a master's degree in criminal justice or a closely related discipline and academic team members shall have professional experience in college-level teaching, research, administration or other relevant activities with institutions of higher education, and practitioners shall have at least 5 years of full-time supervisory or administrative experience as a criminal justice practitioner, as well as specific knowledge of or experience in criminal justice education; (4) no person shall serve as an evaluator who is employed by an institution considered by the board to be in direct competition with the institution under review; (5) no person shall serve as an evaluator who has a present or recent official or unofficial connection with the institution under review, or who the board has reason to believe has independent or pecuniary interest in the outcome of the board's final action; provided, however, that external evaluators shall have a disinterested professional commitment to the task of rendering objective finding and recommendations based upon empirical evidence and informed judgments; (6) each committee shall have a chairperson who shall be responsible for providing leadership to the committee, for being the committee's liaison with the institution and for preparing with other committee members, the committee's report; (7) the committee shall submit a written report, including recommendations to the board, and board staff shall forward a copy of the report to the institution to correct factual errors and respond to the content and recommendations within the report; (8) evaluators shall be given an honorarium by the board of higher education and all expenses shall be paid by the institution under review; and (9) evaluators shall be provided an orientation before conducting reviews.

Annually, each approved institution shall submit 2 copies of a report to the board reviewing the status of the institution's criminal justice and law enforcement program. This report shall certify that the criminal justice program is being maintained and operated within the provisions and guidelines set forth by the board of higher education guidelines for criminal justice and law enforcement programs. If at any time, in the judgment of the board staff, there is a reasonable probability of non-compliance with the board's guidelines by a particular institution, the board may review the institution to determine if continued approval of the institution is proper.

An institution that is in objection of an adverse decision may appeal the board's determination. The appeal shall be heard by a review panel appointed by the board of higher education and the findings and recommendations of the panel shall be received by the board whose decision shall be final.

A city or town which employs a permanent police officer who is enrolled as a student in good standing in a police, law enforcement, criminal justice or police career oriented course of study at a college or university accredited by the New England Association of Colleges and Secondary Schools, Inc., or the board of higher education, shall, subject to the approval of the appointing authority, and chief of police or any other officer having similar duties, pay said police officer his full weekly salary during the normal thirty-two weeks such college or university is in session; provided, that he is enrolled for at least sixteen hours of classroom instruction, works twenty-four hours a week on regular duty as a police officer in said city or town and during regularly scheduled school vacations works his regular tour of duty; and provided, further, that he is studying for a baccalaureate, master's or higher degree. Each officer who is enrolled in a college or university under the provisions of this section shall enter into an agreement providing that he shall remain in full-time employment as a police officer in such city or town after completion of such course of study for as many years as he has been aided under this section.

Notwithstanding the provision of any general or special law to the contrary, any city or town acting through its board of selectmen or city council or mayor with the approval of the city council, as the case may be, may establish an employment contract for a period of time to provide for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performances of duties or office, liability insurance, and leave for its town manager, town administrator, executive secretary, administrative assistant to the board of selectmen, town accountants, city auditor or city manager, or the person performing such duties having a different title.

Said contract shall be in accordance with and subject to the provisions of the city or town charter and shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule, or regulation. In addition to the benefits provided municipal employees under chapters thirty-two and thirty-two B, said contract may provide for supplemental retirement and insurance benefits.

Nothing contained in this section shall affect the appointment or removal powers of any city or town over its town manager, town administrator, executive secretary, administrative assistant to the board of selectmen, town accountants, city auditor or city manager, or such person performing such duties with a different title, nor shall it grant tenure to such officer, nor shall it abridge the provisions of section sixty-seven of chapter forty-four.

Notwithstanding any general or special law to the contrary, a city or town, acting through the appointing authority for the treasurer, assessor or collector in that city or town, may establish an employment contract to provide for the salary, fringe benefits and other conditions of employment including, but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performances of duties of the office, liability insurance and leave for an appointed treasurer, assessor or collector or a person performing the duties of an appointed treasurer, assessor or collector under a different title.

The contract shall be in accordance with and subject to the city or town charter and shall prevail over a conflicting local personnel by-law, ordinance, rule or regulation. In addition to the benefits provided to municipal employees under chapters 32 and 32B, the contract may provide for supplemental retirement and insurance benefits.

This section shall not affect the appointment or removal powers of an appointing authority over the treasurer, assessor or collector of the city or town or a person performing the duties of a treasurer, assessor or collector under a different title. This section shall not grant tenure to such an officer, affect section 67 of chapter 44 or apply to an elected treasurer, assessor or collector.

Any city or town acting through its appointing authority, may establish an employment contract for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of his duties or office, liability insurance, conditions of discipline, termination, dismissal, and reappointment, performance standards and leave for its police chief and fire chief, or a person performing such duties having a different title. In communities where said police chief and fire chief is subject to the provisions of chapter thirty-one, the provisions of chapter thirty-one shall prevail when the provisions of this section conflict with the provisions of said chapter thirty-one.

Said contract shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule or regulation. In addition to the benefits provided municipal employees under chapters thirty-two and thirty-two B, said contract may provide for supplemental retirement and insurance benefits.

Nothing contained in this section shall affect the appointment powers of any city or town over its police chief and fire chief, or such person performing such duties with a different title. In the absence of any conflicting provisions in an employment contract, nothing contained in this section shall affect the removal powers of any city or town over its police chief and fire chief or such person performing such duties with a different title.

Nothing contained in this section shall grant tenure to such officer, nor shall it abridge the provisions of section sixty-seven of chapter forty-four. If there is no employment contract in force, and if the police chief or fire chief has an appointment for a term, the appointing authority shall give such chief at least one year's written notice if it decides not to reappoint said chief.

In any city, town or district that accepts this section, a collector or a treasurer who has completed the necessary courses of study and training and has been awarded a certificate by the Massachusetts Collectors and Treasurers Association as a certified Massachusetts municipal collector or a certified Massachusetts municipal treasurer or a certified Massachusetts district treasurer, shall receive as compensation from such city, town or district, in addition to the regular annual compensation paid by such city, town or district for services in such office, an amount equal to 10 per cent of such regular annual compensation, but not more than $1,000 per year. A collector or treasurer who has been awarded both certificates referred to above shall receive such additional compensation for only one such certificate. In order to qualify for such additional compensation, a collector or treasurer shall submit to the mayor or the board of selectmen of such city or town, or the governing board of a district proof of the award of either or both such certificates. The additional compensation provided in this section shall be prorated for any 12 month period in which an eligible person does not hold the office of collector or treasurer for 12 consecutive months. Such additional compensation shall be discontinued when certification is discontinued or withdrawn.

No resignation of a town or district officer shall be deemed effective unless and until such resignation is filed with the town or district clerk or such later time certain as may be specified in such resignation. Upon receipt of a resignation the clerk shall notify the remaining members, if the resignation is received from a board of two or more members, and he shall further notify the executive officers of the town or district and such notification shall include the effective date of the resignation. Unless otherwise provided by general or special law, ordinance or by-law, a person need not, in order to accept appointment to a public office in a town or district, be a resident of such town or district; provided, however, that if an appointed town or district officer is required to become a resident within a period of time specified at the time of his appointment by the board or officer making the appointment but fails to do so within the time specified, or if an elected or appointed town or district officer removes from the town or district in which he holds his office, he shall be deemed to have vacated his office.

Every officer or employee of a city, town or district required to furnish a fidelity bond with a surety or sureties shall furnish a bond with a surety company authorized to transact business in the commonwealth, as surety. The premium on such bond shall in every case be paid by the city, town or district.

The city council of a city may provide that the employees, including laborers, mechanics and all other classes of workmen employed by the city, shall be allowed one half holiday in each week without loss of pay during such portion of the year as the city council determines. The selectmen of a town, upon the recommendation in writing of the head of any town department, may provide that the employees of such department in the town, including laborers, mechanics and all other classes of workmen employed by the town, shall be allowed one half holiday in each week without loss of pay during such part of the year as the selectmen determine. This section shall not apply to any city or town which has accepted the provisions of section thirty-three A of chapter one hundred and forty-nine.

Any public office in any city or town may remain closed on any or all Saturdays as may be determined from time to time, in a city by the city council, subject to the provisions of the city charter, or, in a town, by vote of the town at a special or regular town meeting, and the provisions of section nine of chapter four shall apply in the case of such closing of any such office on any Saturday to the same extent as if such Saturday were a legal holiday.

In any city or town which has accepted chapter two hundred and seventeen of the acts of nineteen hundred and fourteen or has accepted this section in any form, or which accepts this section in the manner hereinafter provided, or has accepted earlier provisions of this section, every permanent civil service employee as well as every person classified as a common laborer, skilled laborer, mechanic or craftsman, shall be granted a vacation of not less than two weeks without loss of pay in each calendar year if he has actually worked for such city or town for thirty weeks in the aggregate during the twelve months preceding the first day of June in such year. Such vacation shall be granted by the head of the respective department of the city or town at such time as in his opinion will cause the least interference with the performance of the regular work of the city or town. Any official of a city or town whose duty it is to grant a vacation as provided by this section who wilfully refuses to grant the same shall be punished by a fine of not more than one hundred dollars. The attorney general shall enforce this section and shall have all necessary powers therefor.

If a petition requesting that the question of acceptance of this section be submitted to the registered voters of any city or town not already subject to this section, signed by registered voters thereof equal in number to at least one per cent of the whole number of registered voters thereof, is filed with the city or town clerk not less than sixty days before a biennial state election, said city or town clerk shall immediately transmit said petition to the state secretary, who shall cause to be placed upon the official ballot to be used in said city or town at said state election the following question: “Shall section one hundred and eleven of chapter forty-one of the General Laws, providing for vacations for certain municipal employees, be accepted?” If a majority of the registered voters of such city or town voting thereon vote in the affirmative in answer to said question, said section shall be applicable in such city or town from and after the beginning of the next municipal year.

In any city or town which accepts this section or has accepted corresponding provisions of earlier law, on January first in each year every member of its regular or permanent police or fire force who has been such for at least six months shall become entitled to a vacation of not less than two weeks during such year, without loss of pay; provided that a member, who has not been such for a period of at least six months on said January first, shall be entitled to such a vacation upon the anniversary date of his appointment. Such vacation shall be granted at such time or times as in the opinion of the board or officer in charge of such force will cause the least interference with the performance of the regular work of such force. Section one hundred and eleven shall not apply to the members of the regular or permanent police or fire force in any such city or town.

Any foreman, laborer, workman or mechanic regularly employed by any city or town which accepts this section shall, when entitled thereto, be granted sick leaves aggregating not more than fifteen days in any year, exclusive of Sundays and holidays, without loss of pay; provided, that sick leave allowances not used in any particular year may be accumulated, for such number of years as may be determined by the city council of any such city or selectmen of any such town, for use in any subsequent year. The attorney general shall enforce this section, and shall have all necessary powers therefor.

Any employee of a city or town who is a veteran, as defined in section one of chapter thirty-one, may, when authorized by the mayor or selectmen, attend, without loss of pay, the funeral or memorial services of a veteran, as so defined, or of any person dying under other than dishonorable circumstances while serving in the army, navy, coast guard, marine corps or air force of the United States in time of war or insurrection.

In any city or town which accepts this section, all members of its regular police or fire force may be granted a vacation without loss of pay. Such vacations shall be computed in the following manner:—

For five years' service, but less than ten years' service, a vacation of three weeks.

For ten years' service or more, a vacation of four weeks.

Section one hundred and eleven shall not apply to the members of the regular or permanent police or fire force in any such city or town.

Whenever the employment of any person subject to section one hundred and eleven or sections one hundred and eleven A, one hundred and eleven D or one hundred and eleven G is terminated during a year by dismissal through no fault or delinquency on his part or by resignation, retirement or death, without his having been granted the vacation to which he is entitled under such section, he, or in case of his death, his estate, shall be paid, at the regular rate of compensation payable to him at the termination of his employment, an amount in lieu of such vacation; provided, that no monetary or other allowance has already been made therefor. The official head of the department in which the person was last employed shall enter on the departmental payroll all amounts payable under this section. The provisions of this section shall also apply to any person not subject to any of the aforesaid sections whose service is terminated as aforesaid without his having been granted the vacation to which he is entitled under a by-law, ordinance or executive order; provided, that such by-law, ordinance or executive order so provides.

Whenever a police officer or fire fighter of a city, town, or fire or water district is incapacitated for duty because of injury sustained in the performance of his duty without fault of his own, or a police officer or fire fighter assigned to special duty by his superior officer, whether or not he is paid for such special duty by the city or town, is so incapacitated because of injuries so sustained, he shall be granted leave without loss of pay for the period of such incapacity; provided, that no such leave shall be granted for any period after such police officer or fire fighter has been retired or pensioned in accordance with law or for any period after a physician designated by the board or officer authorized to appoint police officers or fire fighters in such city, town or district determines that such incapacity no longer exists. All amounts payable under this section shall be paid at the same times and in the same manner as, and for all purposes shall be deemed to be, the regular compensation of such police officer or fire fighter. This section shall also apply to any member of a fire department who is subject to the provisions of chapter one hundred and fifty-two if he is injured at a fire and if he waives the provisions of said chapter. This section shall also apply to any permanent crash crewman, crash boatman, fire controlman or assistant fire controlman employed at the General Edward Lawrence Logan International Airport, members of the Massachusetts military reservation fire department, members of the 104th fighter wing fire department and members of the Devens fire department established pursuant to chapter 498 of the acts of 1993 and, for the purposes of this section, the Massachusetts Port Authority, the Massachusetts Military Reservation, the Barnes Air National Guard Base and the Devens Regional Enterprise Zone established pursuant to said chapter 498 shall be fire districts.

Where the injury causing the incapacity of a firefighter or police officer for which he is granted a leave without loss of pay and is paid compensation in accordance with the provisions of this section, was caused under circumstances creating a legal liability in some person to pay damages in respect thereof, either the person so injured or the city, town or fire or water district paying such compensation may proceed to enforce the liability of such person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the city, town or fire or water district paying such compensation, unless the sum is greater than the compensation paid to the person so injured, in which event the excess shall be retained by or paid to the person so injured. For the purposes of this section, “excess” shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid under this section as compensation to the person so injured. The party bringing the action shall be entitled to any costs recovered by him. Any interest received in such action shall be apportioned between the city, town or fire or water district and the person so injured in proportion to the amounts received by them respectively, inclusive of interest and costs. The expense of any attorney's fees shall be divided between the city, town or fire or water district and the person so injured in proportion to the amounts received by them respectively.

Whoever intentionally or negligently injures a firefighter or police officer for which he is granted a leave without loss of pay and is paid compensation in accordance with the provisions of this section shall be liable in tort to the city, town or fire or water district paying such compensation for all costs incurred by such city, town or fire or water district in replacing such injured police officer or firefighter which are in excess of the amount of compensation so paid.

Notwithstanding the provisions of this section, section 100 or any other general or special law to the contrary, any city, town or district that accepts this paragraph may establish and appropriate amounts to a special injury leave indemnity fund for payment of injury leave compensation or medical bills incurred under this section or said section 100, and may deposit into such fund any amounts received from insurance proceeds or restitution for injuries to firefighters or police officers. The monies in the special fund may be expended, with the approval of the chief executive officer and without further appropriation, for paying expenses incurred under this section or said section 100, including, but not limited to, expenses associated with paying compensation other than salary to injured firefighters or police officers and providing replacement services for the injured firefighters or police officers, in lieu of or in addition to any amounts appropriated for the compensation of such replacements. Any balance in the fund shall carry over from year to year, unless specific amounts are released to the general fund by the chief executive officer upon a finding that the amounts released are not immediately necessary for the purpose of the fund, and not required for expenses in the foreseeable future.

The presumption established in section 94B of chapter 32 shall apply in determining eligibility for leave without loss of pay under this section when such leave is taken: (i) by a person serving in a position covered by both this section and said section 94B of said chapter 32; and (ii) as a result of a disabling condition of cancer identified in said section 94B of said chapter 32.

In any city or town in which the provisions of section one hundred and eleven apply and which accepts this section, in the manner hereinafter provided, any employee thereof who has worked continuously for five years but less than ten years shall be granted an annual vacation of three weeks without loss of pay, and any employee thereof who has worked continuously for ten years or more shall be granted an annual vacation of four weeks without loss of pay. Except as otherwise provided in this section, the provisions of said section one hundred and eleven shall continue to apply in such city or town. This section shall become effective in a city having a Plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by a majority vote at an annual town meeting.

In any city or town in which the provisions of section one hundred and eleven apply and which accepts this section, any employee thereof who has worked for five years but less than ten years, in the aggregate, shall be granted an annual vacation of three weeks without loss of pay, and any employee thereof who has worked for ten years, in the aggregate, or more shall be granted an annual vacation of four weeks without loss of pay.

Notwithstanding the provisions of any general or special law to the contrary, any police officer of a city or town who is required to perform any service beyond his regular established hours of service on primary day, on election day, on the thirty-first day of October or at any parade or race or at any public celebration or while police listing, shall be compensated for such additional hours of service at the rate per hour of his regular compensation. This section shall take effect in a city having a Plan E charter when accepted by the affirmative vote of a majority of the city council, and in the case of other cities by vote of the council, subject to the provisions of its charter, and in a town by a majority vote at an annual town meeting. The rate per hour of his regular compensation referred to in this section shall be based on the number of hours worked in an average week.

Whenever any officer or employee or former officer or employee of a city or town dies, and such city or town owes his estate any sum or sums by reason of services rendered by him or by reason of section one hundred and eleven E or section one hundred and eleven F or section seventeen E of chapter one hundred and forty-seven or other similar general or special law or by reason of other terms of his employment, and neither a duly appointed executor or administrator nor a voluntary administrator has made written demand for payment upon the treasurer of such city or town and such treasurer shall not otherwise have actual notice that proceedings relative to the formal or informal settlement of such estate have been commenced in any probate court, such sum or sums may, in the discretion of such treasurer, be paid after the expiration of one month from the death of such officer or employee to such person as may have been nominated as beneficiary, on a form approved by the director of accounts and filed with such treasurer, by such officer or employee during his lifetime or, if there is no such beneficiary, then to the husband, widow or next of kin of such officer or employee. Payments made as provided in this section shall discharge all liability of the city or town to all persons with respect to such sum or sums.

Any employee of a city or town who is a delegate or alternate to a state or national convention of a veterans' organization chartered by the congress of the United States may, when authorized by the board or officer having the power to remove him, attend such convention without loss of pay or vacation leave.

In any city or town which accepts this section, any vacation to which a member of its regular or permanent fire force is entitled shall be granted at such times during the period between the first Sunday in June and the Sunday next following Labor Day as, in the opinion of the board or officer in charge of such force, will cause the least interference with the performance of the regular work of such force; provided, however, that such vacations may be granted at such other periods of the year as shall be mutually agreeable to the member and the board or officer in charge of such force.

In any city or town in which the provisions of section one hundred and eleven D apply and which accepts this section all members of its regular police or fire force may after twenty years of service be granted a vacation of five weeks without loss of pay.

In any city or town which accepts this section, an employee of a city or town or fire or water district who is responsible for delivering emergency medical services under the provisions of chapter one hundred and eleven C, and who is incapacitated for duty because of injury sustained in the performance of his duty without fault of his own shall be granted leave without loss of pay for the period of such incapacity; provided, that no such leave shall be granted for any period after such emergency medical personnel has been retired or pensioned in accordance with law or for any period after a physician designated by the board or personnel authorized to appoint emergency medical personnel in such city, town or district determines that such incapacity no longer exists. All amounts payable under this section shall be paid at the time and in the same manner as, and for all purposes shall be deemed to be, the regular compensation of such emergency medical personnel. This section shall also apply to any such employee who is subject to the provisions of chapter one hundred and fifty-two if he is injured while delivering emergency medical services and if he waives the provisions of said chapter.

Where the injury causing the incapacity of an emergency medical personnel for which he is granted a leave without loss of pay and is paid compensation in accordance with the provisions of this section, was caused under circumstances creating legal liability in some person to pay damages in respect thereof, either the person so injured or the city, town or fire or water district paying such compensation may proceed to enforce the liability of such person in any court of competent jurisdiction. The sum recovered shall be for the benefit of the city, town or fire or water district paying such compensation, unless the sum is greater than the compensation paid to that person so injured. For the purposes of this section, “excess” shall mean the amount by which the total sum received in payment for the injury, exclusive of interest and costs, exceeds the amount paid under this section as compensation to the person so injured. The party bringing the action shall be entitled to any costs recovered by him. Any interest received in such action shall be apportioned between the city, town, or fire or water district and the person so injured in proportion to the amounts received by them respectively, inclusive of interest and costs. The expense of any attorney's fees shall be divided between the city, town, or fire or water district and the person so injured in proportion to the amounts received by them respectively.

Whoever intentionally or negligently injures an emergency medical personnel for which he is granted a leave without loss of pay and is paid compensation in accordance with the provisions of this section shall be liable in tort to the city, town or fire or water district paying such compensation for all costs incurred by such city, town, or fire or water district in replacing such injured emergency medical personnel which are in excess of the amount of compensation paid.

Any city operating under a Plan D or Plan E charter which accepts this section by the affirmative vote of two-thirds of all the members of its city council, and any other city which accepts this section by a majority vote of its city council with the approval of the mayor, and any town which accepts this section by a majority vote of its inhabitants at an annual town meeting or a special town meeting upon application by a public employee of such city or town who is responsible for delivering emergency medical care pursuant to the provisions of section six of chapter one hundred and eleven C, hereinafter referred to as an emergency medical technician or, in the event of the physical or mental incapacity or death of such emergency medical technician by someone in his behalf, the board or officer of such city or town authorized to appoint the emergency medical technicians, shall determine whether it is appropriate under all the circumstances for such city or town to indemnify such emergency medical technician for his reasonable hospital, medical, surgical, chiropractic, nursing, pharmaceutical, prosthetic and related expenses and reasonable charges for chiropody incurred as the natural and proximate result of an accident occurring or, of undergoing a hazard peculiar to his employment, while acting in the performance and within the scope of his duty without fault of his own. For the purposes of this section, “duty” shall include any assigned special detail whether or not the emergency medical technician was paid by the city or town. If such board or officer determines that such indemnification is appropriate, such board or officer shall certify for payment, either directly or by reimbursement, by such city or town, the amount of such expenses as may be specified in such certificate. Whenever such board or officer denies an application in whole or in part, such board or officer shall set forth in writing the reasons for such denial and cause a copy thereof to be delivered to the applicant. At any time within two years after the filing of an application as aforesaid, an applicant aggrieved by a denial in whole or in part of his application or by the failure of such board or officer to act thereon within six months from the filing thereof, may petition the superior court to determine whether such board or officer has failed to timely act on such an application or, in denying the application, in whole or in part, has committed an error of law has been arbitrary or capricious or has abused his discretion, or otherwise has acted not in accordance with law. After due notice and hearing, such court may order such board or officer to act on such application or to consider, or to further consider, and determine the same in conformity with law.

A city or town shall indemnify an emergency medical technician, in the manner and to the extent herein provided and subject to the same limitations for expenses or damages incurred by him in the defense of the settlement of a claim against him for acts done by him while operating a motor vehicle as such emergency medical technician.

Where the injury for which any payment is made pursuant to the provisions of this section by a city or town has been caused under circumstances creating a legal liability in some person to pay damages in respect thereof, either the emergency medical technician so injured or the city or town may proceed to enforce the liability of such person in any court of competent jurisdiction. The party bringing a successful action shall be entitled to any costs, interest and attorneys' fees incurred as a direct result of such action.

Whoever intentionally or negligently injures an emergency medical technician for which he is paid indemnification under this section shall be liable in tort to the city or town for the amount of indemnification so paid.

In towns and regional school districts in which the provisions of chapter thirty-one and the rules governing the civil service have not been applied to the labor service, the city councils, the selectmen and the regional district school committees shall take any necessary action to secure the employment of veterans, as defined in clause Forty-third of section seven of chapter four, in the labor service of their respective cities, towns and districts in preference to all other persons.

In regional school districts in which the provisions of said chapter thirty-one and the rules governing the civil service have not been applied to custodian and janitorial services, the regional district school committees shall take any necessary action to secure the employment of veterans, as so defined, in preference to all other persons.

The second paragraph of this section shall take effect in a regional school district upon its acceptance by vote of the regional district school committee.

A veteran, as defined in section one of chapter thirty-one, who holds in the service of a city which accepts this section by vote of its city council, subject to the provisions of its charter, or of a town which accepts the same by vote of its inhabitants at a town meeting, an office or position not classified under said chapter thirty-one, other than an elective office, an appointive office for a fixed term or the offices of city solicitor, assistant city solicitor, secretary to the mayor, clerk of the board of selectmen, town counsel, assistant town counsel, legislative counsel, registrars of voters or other officers performing similar duties, or public school teachers, and has held such office or position for not less than five years, shall not be involuntarily separated from such office or position except subject to and in accordance with the provisions of sections forty-one to forty-five, inclusive, of said chapter thirty-one to the same extent as if said office or position were classified under said chapter. If the separation in the case of any such unclassified office or position results from lack of work or lack of money, such a veteran shall not be separated from his office or position while similar offices or positions in the same group or grade exist unless all such offices or positions are held by such veterans, in which case such separation shall occur in the inverse order of their respective original appointments.

A district situated in one or more towns where official ballots are used may, at the annual meeting or at a meeting called for the purpose, vote that official ballots shall thereafter be used therein. Sections one hundred and fourteen to one hundred and nineteen, inclusive, shall apply to all such districts and to all districts which are now subject to the corresponding provisions of earlier laws; but any of said districts may, at the annual meeting or at a meeting called for the purpose at least thirty days before the annual meeting, by a two thirds vote discontinue the use of official ballots, and cease to be subject to said sections.

Where official ballots are used nominations for district officers elected by ballot shall be made, ballots and other apparatus therefor provided, and the elections of such officers conducted in accordance with chapters fifty to fifty-six, inclusive, so far as applicable, except as otherwise provided in sections one hundred and fourteen to one hundred and seventeen, inclusive, of this chapter.

Every nomination paper of a candidate for office in said districts shall, before being filed, be submitted, on or before five o'clock in the afternoon of the Saturday preceding the day on which it must be filed, to the registrars of voters of the town where the district is situated, who shall forthwith certify thereon the number of signatures which are names of voters qualified to vote in the district. All nomination papers and certificates of nomination shall be filed with the clerk of the district within the time allowed by the general laws relating to filing nomination papers and certificates of nomination with the town clerk in town elections. In a district composed of parts of two or more towns the prudential committee, if any, otherwise the commissioners, of the district shall act as registrars of voters for the purpose of certifying the signatures on nomination papers.

In carrying out the provisions of sections one hundred and thirteen to one hundred and nineteen, inclusive, the prudential committee, if any, otherwise the commissioners, of the district shall perform all the duties required to be performed by the selectmen in town elections where official ballots are used, and the clerks of said districts shall perform all the duties required to be performed by the town clerk in elections of town officers where official ballots are used.

The town where a district is situated shall provide for said district an official ballot box and other necessary election paraphernalia when they are required for use in elections in that district, but all expense incurred in any election in the district shall be borne by the district. In districts composed of parts of two or more towns the ballot box and election paraphernalia shall be furnished by the town where the election is actually held.

Upon request of the clerk of a town wherein any such district uses the official ballot, the state secretary shall supply for use of such district or districts such blank forms, tally sheets and total vote sheets as are supplied to towns for use in town elections.

Said districts may hold the meeting for the election of officers and the business meeting on the same day, or they may hold the election and the business meeting on different days. The election and business meeting may be held in the evening; provided, that the polls shall be kept open for the election of officers at least two hours. Annual district meetings shall be held in February, March, April or May. Meetings may be adjourned from time to time for the consideration of any articles in the warrant, except an article calling for the election of district officers.

Every district meeting, except as otherwise provided by special law, shall be called in pursuance of a warrant under the hands of the prudential committee, if any, otherwise the commissioners, notice of which shall be given seven days at least before such meeting. The warrant shall be directed to a constable of the town, or to some other person, who shall forthwith give notice of such meeting in the manner prescribed by the by-laws, or, if there are no by-laws, by vote of the district, or by posting in two or more public places or advertising in a newspaper published in the town in which the district is located, if any, otherwise in a newspaper published in the county. The warrant for all district meetings shall state the time and place of holding the meeting and the subjects to be acted upon thereat. The prudential committee, if any, otherwise the commissioners, shall insert in the warrant for the annual meeting all subjects the insertion of which shall be requested of them in writing by ten or more registered voters of the town residing in the territory comprising the district and in the warrant of every special district meeting all subjects the insertion of which shall be requested of them in writing by fifty registered voters or by ten per cent of the total number of the registered voters of the town residing within the territory comprising the district. The prudential committee, if any, otherwise the commissioners, shall call a special district meeting upon request in writing of one hundred registered voters or twenty per cent of the total number of registered voters of the town residing within the territory comprising the district, such meetings to be held not later than thirty days after the receipt of such request, and shall insert in the warrant therefor all subjects the insertion of which shall be requested by said petition. No action shall be valid unless the subject matter thereof is contained in the warrant. Two or more distinct district meetings for distinct purposes may be called by the same warrant. At every meeting a moderator shall be chosen by ballot, unless the district has voted to elect a moderator for a term as provided by section fourteen of chapter thirty-nine. The moderator shall have the powers of the moderator of the town meeting.

The fiscal year of all districts shall begin with July first and end with the following June thirtieth, notwithstanding the provisions of special laws or district by-laws to the contrary; provided that the district treasurer shall until July tenth enter on his books all items for the payment of bills incurred and salaries and wages earned during the previous fiscal year, and expenditures therefor shall be deemed to be as of the preceding June thirtieth.

The provisions of section thirty-five of chapter forty-one and of section fifty-five A of chapter forty-four, so far as apt, shall apply to the treasurer of districts.

Unless otherwise provided by law, if the office of treasurer of a district is vacant, or if the treasurer is absent, or unable to perform his duties because of disability, the prudential committee, if any, otherwise the commissioners, may appoint a temporary treasurer to hold such office and exercise the powers and perform the duties thereof until another is duly elected or appointed and qualifies according to law or until the treasurer who was disabled or absent resumes his duties. Any such temporary treasurer shall be sworn to and give bond for the faithful performance of his duties in accordance with the provisions of law applicable to the treasurer whose position he fills, and if he fails so to do within ten days after his appointment, the prudential committee, if any, otherwise the commissioners, shall rescind the appointment and appoint another.

Unless otherwise provided by law, if the office of clerk of a district is vacant, or if the clerk is absent, or unable to perform his duties because of disability, the prudential committee, if any, otherwise the commissioners, may appoint a temporary clerk to hold such office and exercise the powers and perform the duties thereof until another is duly elected or appointed and qualifies according to law or until the clerk who was disabled or absent resumes his duties. Any such temporary clerk shall be sworn to and give bond for the faithful performance of his duties in accordance with the provisions of law applicable to the office of clerk which he fills, and if he fails so to do within ten days after his appointment, the prudential committee, if any, otherwise the commissioners, shall rescind the appointment and appoint another.

In a district, the prudential committee, if any, otherwise the commissioners, may in writing appoint an assistant treasurer who may be an employee of the district, and an assistant clerk of the district. Such assistants shall be sworn to the faithful performance of their duties and a record shall be made of any such appointment and oath. They shall be citizens of the United States and residents of the commonwealth, and shall give bond annually for the faithful performance of their duties in a form approved, and in an amount determined by the commissioner of revenue. Unless a temporary treasurer or a temporary clerk has been appointed in accordance with law, the assistant treasurer or the assistant clerk, as the case may be, may, in the absence of the treasurer or clerk, as the case may be, perform the duties of such office and in the performance of such duties shall have the powers and be subject to the requirements and penalties applicable thereto.

Fire and water districts, whether established by general law or special law, may appropriate money for the payment to the commonwealth of the district's share of the cost of conducting water favorability studies under the direction of the water resources commission, as authorized by section nine of chapter twenty-one.

The city manager in cities having a plan D or E charter, the mayor in all other cities, and the board of selectmen in towns shall co-ordinate a plan in conjunction with the housing authority, if any, to assist persons who have been deprived of living quarters because of fire or other disaster to obtain temporary living quarters.

The following words, as used in sections one hundred and twenty-six to one hundred and thirty-two, inclusive, shall have the following meanings, unless a different meaning is plainly required by the context:

“Application statement”, a writing signed by an incumbent in an appointive office which shall include a request for tenure in said office, the name, residential address and title of the office of such incumbent, and the number of years such incumbent has held such office continuously. The writing may also be signed by a department head requesting tenure for members of his department who have held offices for five or more consecutive years.

“Appointive office”, any public office other than an office which is required to be filled by popular vote periodically in a city, town or district, but not including an office within the classified civil service, an office on a board, commission or committee which has two or more members, a teacher or officer in a school department or system, any office which is filled by appointment made by the governor, or any office in an authority, board, commission or other public body which is a separate corporation from the city, town or district in which it exercises powers.

“District”, a fire, water, sewer, light, improvement or other district with such powers which is wholly contained within a city or town.

“Tenure”, the holding of an appointive office under the provisions of sections one hundred and twenty-seven to one hundred and thirty-two, inclusive, in a city, town or district without the necessity of periodic reappointment.

The titles of particular municipal officers as used in these said sections shall be construed to mean officers, however titled, who exercise powers similar to those exercised by officers holding titles so used.

Any person who has held an appointive office in a city, town or district for at least five consecutive years shall be eligible to apply for tenure in such office pursuant to the provisions of sections one hundred and twenty-six to one hundred and thirty-two, inclusive, with the exception of the following offices:—city or town manager, executive secretary to the selectmen, city or assistant city solicitor, town or assistant town counsel, and legislative counsel. Any person having tenure in a city or town office who is elected to or accepts an appointment to any of the foregoing offices, whether or not to fill a vacancy, shall thereupon lose such tenure. Any person having tenure in an appointive city or town office may not apply for tenure in any other city or town office, nor may any person apply for tenure in more than one city or town office at any one time, except that a person may apply for tenure as city clerk and city treasurer or town clerk and town treasurer, or, if such person has tenure in either of such offices, he may apply for tenure in the other office; provided that both such offices are appointive offices. If any person is unable to so apply for tenure by reason of holding one of the offices specified above or loses his tenure by reason of being elected or appointed to any such office, he may, following the termination of his service in such office, then apply for tenure in an appointive city or town office. Any person granted tenure of office under these provisions shall, notwithstanding any contrary provision of general or special laws, hold office during good behavior until he has attained age sixty-five unless incapacitated by physical or mental disability from performing the duties thereof, but may be removed for cause after a hearing as provided by sections forty-one to forty-five, inclusive, of chapter thirty-one.

Any person applying for tenure in an appointive city office shall file an application statement with the city clerk and shall deliver copies thereof in hand or send same by registered or certified mail, return receipt requested, to every city officer, or every member of any city board, commission or other body that is required to recommend, make, approve or confirm the applicant's office. Upon receipt of the application statement, the city clerk shall post a copy thereof in his office. The applicant shall forthwith and at his own expense cause a copy of his said statement to be published in a newspaper of general circulation in the city once a week for three consecutive weeks. Not less than thirty days after said posting and not less than seven days following the applicant's compliance with the publication requirement, the city council shall vote to approve or deny said application. If the city council approves said application, it shall then be presented to the mayor for his approval or denial. If the mayor approves the said application, at least one hundred and twenty days prior to the next municipal election, the city clerk shall cause to be printed on the ballot for such municipal election a question in substantially the following form: Shall (name of applicant), incumbent in 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 the vote of the city council, by the mayor or by vote of the electorate at a municipal election, the applicant shall be ineligible to apply for tenure in his said office for a period of two years following such denial.

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 in 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.

The provisions of section one hundred and twenty-seven and sections one hundred and twenty-nine to one hundred and thirty-two, inclusive, as they apply to towns, town offices and town officers shall be applicable to districts and for this purpose the word “selectmen” shall be construed to mean “commissioner” or “member of the prudential committee”, and other references to specific town offices or officers shall be construed as meaning the equivalent office or officer, if any, in a district. For the purpose of determining whether a person is eligible to apply for tenure in a town office or in a district office and for the purpose of determining whether a person has lost his tenure in such an office, offices in a district shall be deemed to be offices in the town in which they are located.

Any department head of a city or town applying for tenure for members of his department who have served for five consecutive years or more shall file an application statement with the city or town clerk.

In a city, the department head shall deliver copies of said application statement in hand or send same by registered or certified mail, return receipt requested, to the mayor and to each member of the city council. Upon receipt of the application statement, the city clerk shall post a copy thereof in his office. The department head shall forthwith and at his own expense cause a copy of his said statement to be published in a newspaper of general circulation in the city once a week for three consecutive weeks. Not less than thirty days after said posting and not less than seven days following the applicant's compliance with the publication requirement, the city council shall vote to approve or deny said application. If the city council approves said application, it shall then be presented to the mayor for his approval or denial. If the mayor approves the said application, at least one hundred and twenty days prior to the next municipal election, the city clerk shall cause to be printed on the ballot for such municipal election a question in substantially the following form: Shall members of (name of department) who have served continuously for five years or more 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, any member of such department who has served continuously for five years shall thereupon have tenure in said department. If less than a majority of such votes cast is in favor of granting tenure, the applicant's request for tenure for members of his department is denied. If the application statement is denied either by vote of the city council, by the mayor or by vote of the electorate at a municipal election, the applicant shall be ineligible to apply for tenure for members of his department for a period of two years following such denial.

In a town, the department head shall deliver copies of said application statement 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 members of (name of department) who have served continuously for five years or more 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, any member of such department who has served continuously for five years shall thereupon have tenure in said department. 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 vote of the board of selectmen or by vote of the electorate at a town election, the applicant shall be ineligible to apply for tenure for members of his department for a period of two years following such denial.

The tenure provisions of sections one hundred and twenty-six to one hundred and thirty-one, inclusive, shall be limited as follows:

Pursuant to this chapter, and notwithstanding the provisions of any general or special law to the contrary, the appointment and reappointment of full-time police officers not subject to the provisions of chapter thirty-one shall be subject to the following provisions: