Mass. Gen. Laws » Part I Title III Chapter 30
Massachusetts General Laws

Mass. Gen. Laws ch. 30, § 59 (2026)

Persons under indictment for misconduct in office; suspension; temporary appointees

✓ current as of July 2026
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Section 59. An officer or employee of the commonwealth, or of any department, board, commission or agency thereof, or of any authority created by the general court, may, during any period such officer or employee is under indictment for misconduct in such office or employment or for misconduct in any elective or appointive public office, trust or employment at any time held by him, if he was appointed by the governor, be suspended by the governor, whether or not such appointment was subject to the advice and consent of the council or, if he was appointed by some other appointing authority, be suspended by such authority, whether or not such appointment was subject to approval in any manner. Notice of said suspension shall be given in writing and delivered in hand to said person or his attorney, or sent by registered mail to said person at his residence, his place of business, or the office or place of employment from which he is being suspended. Such notice so given and delivered or sent shall automatically suspend the authority of said person to perform the duties of his office or employment until he is notified in like manner that his suspension is removed. A copy of any such notice together with an affidavit of service shall be filed with the state secretary.

Any person so suspended shall not receive any compensation or salary during the period of such suspension, nor shall the period of his suspension be counted in computing his sick leave or vacation benefits or seniority rights, nor shall any person who retires from service while under such suspension be entitled to any pension or retirement benefits, notwithstanding any contrary provisions of law, but all contributions paid by him into a retirement fund, if any, shall be returned to him, subject to section 15 of chapter 32. The employer of any person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual.

A suspension under this section shall not, in any way, to used to prejudice the rights of the suspended person either civilly or criminally. During the period of any such suspension, the appointing authority may fill the position of the suspended officer or employee on a temporary basis, and the temporary officer or employee shall have all the powers and duties of the officer or employee suspended.

Any such temporary officer or employee who is appointed as a member of a board, commission or agency of the commonwealth, or of any Authority created by the general court, of which the governor is empowered to designate the chairman from time to time, may be designated as such chairman by the governor.

If the criminal proceedings against the person suspended are terminated without a finding or verdict of guilty on any of the charges on which he was indicted, his suspension shall be forthwith removed, and he shall receive all compensation or salary due him for the period of his suspension, and the time of his suspension shall count in determining sick leave, vacation, seniority and other rights, and shall be counted as creditable service for purposes of retirement.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1965–2023 · leading case: Massachusetts Bay Transp. Auth. v. Massachusetts Bay Transp. Auth. Ret. Bd., 493 N.E.2d 848 (Mass. 1986).
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Massachusetts Bay Transp. Auth. v. Massachusetts Bay Transp. Auth. Ret. Bd., 493 N.E.2d 848 (Mass. 1986). · cites it 19× “The outcome of this appeal depends upon our interpretation of the “Perry Law,” G. L. c. 30, § 59 (1984 ed.), 2 which allows for the suspension of a Commonwealth employee who is indicted for misconduct in office, provides *736 that no compensation shall be paid to such an…”
Brittle v. City of Boston, 790 N.E.2d 208 (Mass. 2003). · cites it 6× “” G. L. c. 30, § 59. In contrast, Brittle’s State charges were nol pressed only after (and indeed because) he had been indicted on “directly related” Federal charges.”
Madden v. Sec'y of Pub. Saf., 591 N.E.2d 200 (Mass. 1992). · cites it 6× “The suspension was based on G. L. c. 30, § 59 (1990 ed.), which, in pertinent part, provides that “[a]n .”
Dupree v. Sch. Comm. of Boston, 446 N.E.2d 1099 (Mass. App. Ct. 1983). · cites it 3× “For example, where a police officer is indicted, suspension "under such a procedure as G.L.c. 30, § 59,[ [4] ] is nearly automatic.”
Albert v. Mun. Court of the City of Boston, 446 N.E.2d 1385 (Mass. 1983). “Albert concedes that G.L. c. 30, § 59, has no application to his situation.”
Levy v. Acting Governor, 435 Mass. 697 (Mass. 2002). · cites it 2× “This interpretation, partly Euclidean and partly practical, avoids the anomalous result that, absent indictment and suspension under G. L. c. 30, § 59, or conviction and vacation under G.”
Brittle v. City of Boston, 768 N.E.2d 576 (Mass. App. Ct. 2002). · cites it 5× “The governing statute is G. L. c. 268A, § 25, which provides for the suspension of municipal officers or employees who are under indictment for misconduct while in office.”
Benoit v. City of Boston, 75 N.E.3d 1 (Mass. 2017). “We first set forth an overview of the relevant statutes. *122 i Statutory overview. A.”
Bessette v. Comm'r of Pub. Works, 204 N.E.2d 909 (Mass. 1965). · cites it 2× “” The Commissioner acted under G. L. c. 30, § 59. The statute authorizes suspension during any period during which “.”
Commissioners of Civil Serv. v. Mun. Court, 338 N.E.2d 829 (Mass. 1975). · cites it 2× “The Boston police commissioner after a brief hearing suspended the re *168 spondent from his job “[o]n the basis of G. L. c. 30 Section 59 and the policies it represents” 3 to await the outcome of the criminal prosecution.”
Brown v. City of Taunton, 454 N.E.2d 488 (Mass. App. Ct. 1983). “268A, § 25, enacted in 1972 (see note 4, supra), which applies to county, municipal and district officers and employees, in its operative language is identical to G. L. c. 30, § 59, as amended through St.”
McGonigle v. Governor, 634 N.E.2d 1388 (Mass. 1994). “” 7 If the Legislature intended to confer the authority to suspend an elected official on the office of Governor, it could have clearly identified the individual or office, as was the case in a related provision, G. L. c. 30, § 59 (1992 ed.), which expressly allows the Governor…”
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