Massachusetts General Laws

Mass. Gen. Laws ch. 271, § 40 (2026)

Appointment, reinstatement or discharge of employee of public service corporation or racing licensee on recommendation of public officer, officer elect or candidate

✓ current as of July 2026
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Section 40. No railroad, street railway, electric light, gas, telegraph, telephone, water or steamboat company, and no licensee conducting a horse or dog racing meeting under chapter one hundred and twenty-eight A, shall appoint, promote, reinstate, suspend or discharge any person employed or seeking employment by any such company or licensee at the request of the governor, lieutenant governor, or any member or member elect of the council or of the general court, or candidate therefor, justice of the supreme judicial court, justice of the superior court, judge of probate, judge of the land court, justice of a district court, district attorney, member or member elect of a board of county commissioners, or candidate for county commissioner, mayor or mayor elect of a city, or candidate therefor, member or member elect of a board of aldermen, or selectmen, or city council, or any executive, administrative or judicial officer, clerk or employee of any branch of the government of the commonwealth or of any county, city or town; nor shall any such public officer or body, or any member or member elect thereof or candidate therefor, directly or indirectly advocate, oppose or otherwise interfere in, or make any request, recommendation, endorsement, requirement or certificate relative to, and the same, if made, shall not be required as a condition precedent to, or be in any way regarded or permitted to influence or control, the appointment, promotion, reinstatement or retention of any person employed or seeking employment by any such company or licensee, and no such person shall solicit, obtain, exhibit, or otherwise make use of any such official request, recommendation, certificate or endorsement in connection with any existing or desired employment by a public service corporation or by any such licensee. Any person or corporation violating any provision of this section shall be punished by a fine of not less than fifty nor more than one hundred dollars.

Notes of Decisions
Cited in 1 case, 1927–1927 · leading case: Opinion of the Justices to the Senate, 159 N.E. 55 (Mass. 1927).
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Opinion of the Justices to the Senate, 159 N.E. 55 (Mass. 1927). “The provision of § 1 of the proposed act, to the effect that the trustees shall not be considered public officers within the meaning of G. L. c. 271, § 40, does not impair or affect the general nature of their duties as public officers.”
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