Massachusetts General Laws

Mass. Gen. Laws ch. 268A, § 22 (2026)

Opinions of corporation counsel, city solicitor or town counsel

✓ current as of July 2026

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Section 22. Any municipal employee shall be entitled to the opinion of the corporation counsel, city solicitor or town counsel upon any question arising under this chapter relating to the duties, responsibilities and interests of such employee. All requests for such opinions by a subordinate municipal employee shall be made in confidence directly to the chief officer of the municipal agency in which he is employed, who shall in turn request in confidence such opinion of the corporation counsel, city solicitor or town counsel on behalf of such subordinate municipal employee, and all constitutional officers and chief officers or heads of municipal agencies may make direct confidential requests for such opinions on their own account. The town counsel or city solicitor shall file such opinion in writing with the city or town clerk and such opinion shall be a matter of public record; however, no opinion will be rendered by the town counsel or city solicitor except upon the submission of detailed existing facts which raise a question of actual or prospective violation of any provision of this chapter.

Notes of Decisions

Cited in 6 cases, 1969–2015 · leading case: Schultz v. Kelly, 188 F. Supp. 2d 38 (D. Mass. 2002).

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Schultz v. Kelly, 188 F. Supp. 2d 38 (D. Mass. 2002). · cites it 2× “Count I: Alleged Denial of Opinion from Town Counsel In Count I, Plaintiffs claim that they were unconstitutionally deprived of their alleged “entitlement” under Mass. Gen. L. ch. 268A, § 22 to an opinion from Town Counsel.”

Town of Edgartown v. State Ethics Comm'n, 460 N.E.2d 1283 (Mass. 1984). “van Gestel then requested, pursuant to G. L. c. 268A, § 22, an opinion from the town counsel for Edgartown regarding the propriety of his representation of both the town and the private parties.”

Graham v. McGrail, 345 N.E.2d 888 (Mass. 1976). “The record does not show that the defendants sought the opinion of town counsel, to which they were entitled under G. L. c. 268A, § 22; that section affords no remedy for the plaintiff.”

Nantasket Beachfront Condos., LLC v. Hull Redevelopment Auth., 32 N.E.3d 318 (Mass. App. Ct. 2015). “Municipal officials are protected from enforcement by the commission if they rely upon a formal opinion from municipal counsel issued pursuant to G. L. c. 268A, § 22, so long as certain procedures are followed.”

McMann v. State Ethics Comm'n, 590 N.E.2d 693 (Mass. App. Ct. 1992). “See G. L. c. 268A, § 22. The plaintiff’s request, by letter of January 25, 1984, was answered by an opinion of February 15, 1984, in which counsel stated that the plaintiffs corporation could not continue sales to the school district under the State conflict of interest law; the…”

Starr v. Bd. of Health of Clinton, 252 N.E.2d 893 (Mass. 1969). “Following this meeting the other members of the board, one Peter O’Malley, and one Harold Alzapiedi, the chairman, in accordance with G. L. c. 268A, § 22, requested the town counsel, Mr.”

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