Mass. Gen. Laws » Part I Title XXII Chapter 164
Massachusetts General Laws

Mass. Gen. Laws ch. 164, § 56 (2026)

Management of plant

✓ current as of July 2026
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Section 56. The mayor of a city, or the selectmen or municipal light board, if any, of a town acquiring a gas or electric plant shall appoint a manager of municipal lighting who shall, under the direction and control of the mayor, selectmen or municipal light board, if any, and subject to this chapter, have full charge of the operation and management of the plant, the manufacture and distribution of gas or electricity, the purchase of supplies, the employment of attorneys and of agents and servants, the method, time, price, quantity and quality of the supply, the collection of bills, and the keeping of accounts. His compensation and term of office shall be fixed in cities by the city council and in towns by the selectmen or municipal light board, if any; and, before entering upon the performance of his official duties, he shall give bond to the city or town for the faithful performance thereof in a sum and form and with sureties to the satisfaction of the mayor, selectmen or municipal light board, if any, and shall, at the end of each municipal year, render to them such detailed statement of his doings and of the business and financial matters in his charge as the department may prescribe. All moneys payable to or received by the city, town, manager or municipal light board in connection with the operation of the plant, for the sale of gas or electricity or otherwise, shall be paid to the city or town treasurer. All accounts rendered to or kept in the gas or electric plant 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 such plant 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 payrolls of such plants 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. This section shall not abridge the powers conferred on town accountants by sections fifty-five to sixty-one, inclusive, of chapter forty-one. The manager shall at any time, when required by the mayor, selectmen, municipal light board, if any, or department, make a statement to such officers of his doings, business, receipts, disbursements, balances, and of the indebtedness of the town in his department.

Notes of Decisions
Cited in 11 cases, 1961–2006 · leading case: Larch v. Mansfield Mun. Elec. Dep't, 272 F.3d 63 (1st Cir. 2001).
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Larch v. Mansfield Mun. Elec. Dep't, 272 F.3d 63 (1st Cir. 2001). · cites it 6× “agents and servants,” Mass. Gen. Laws ch. 164, § 56 , and because under the collective bargaining agreement a union member who expressed interest in the position had priority over Forbes.”
DeRoche v. Massachusetts Comm'n Against Discrimination, 848 N.E.2d 1197 (Mass. 2006). “G. L. c. 164, § 56. The Legislature has specifically placed the department in the class of entities subject to the Tort Claims Act, thereby reflecting its view that the department is in that class of entities afforded the protections of sovereign immunity.”
Commonwealth v. Oliver, 172 N.E.2d 241 (Mass. 1961). · cites it 4× “150, §§ 1, 2; G. L. c. 164, § 56; Capron v. Taunton, 196 Mass.”
Bertone v. Dep't of Pub. Utils., 583 N.E.2d 829 (Mass. 1992). · cites it 2× “As an initial matter, we think that the department appropriately characterized the hook-up charge as a matter of rate design rather than financing authority.”
Town of Middleborough v. Middleborough Gas & Elec. Dep't, 664 N.E.2d 25 (Mass. 1996). · cites it 2× “G. L. c. 164, § 56. The manager has “full charge of the operation and management of the plant, the manufacture and distribution of gas or electric, the purchase of supplies, the employment of attorneys and of agents and servants, the method, time, price, quantity and quality of…”
Ret. Bd. of Taunton v. Contributory Ret. Appeal Bd., 778 N.E.2d 536 (Mass. App. Ct. 2002). · cites it 3× “As manager, he has over-all responsibility for the operation of the plant, see G. L. c. 164, § 56, and supervises persons who directly supervise Group 4 employees.”
Duggan v. City of Taunton, 277 N.E.2d 268 (Mass. 1971). · cites it 2× “[see G. L. c. 164, § 56], said second party [Mr.”
Bd. of Pub. Works v. Bd. of Selectmen, 387 N.E.2d 146 (Mass. 1979). “(We exclude from this remark the singular instance that the board’s takeover of the functions of the municipal light board may be supposed to include the express power granted to the light board by G. L. c. 164, § 56, to employ counsel — but only as to matters of a type formerly…”
Gaw v. Contributory Ret. Appeal Bd., 345 N.E.2d 908 (Mass. App. Ct. 1976). “4 Under G. L. c. 164, § 56 (as amended through St.”
Golubek v. Westfield Gas & Elec. Light Bd., 591 N.E.2d 682 (Mass. App. Ct. 1992). · cites it 2× “Daniel Golubek, the manager of the city of Westfield Gas and Electric Light Department (the manager), see G. L. c. 164, § 56, and the West-field Gas and Electric Light Department Management Guild (the guild), brought an action for declaratory judgment against the city of…”
Weston v. Town of Middleborough, 14 Mass. L. Rptr. 323 (Mass. Super. Ct. 2002). · cites it 2× “by virtue of G.L.c. 164, §56.’ Commonwealth v. Oliver, 342 Mass.”
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