Mass. Gen. Laws ch. 30, § 9

Public officers appointed by governor; removal

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Section 9. Unless some other mode of removal is provided by law, a public officer, if appointed by the governor, may at any time be removed by him for cause, and, if appointed by him with the advice and consent of the council, may be so removed with its advice and consent.

Notes of Decisions

Cited in 9 cases (1 in the last 5 years), 1975–2025 · leading case: Flomenbaum v. Commonwealth

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Flomenbaum v. Commonwealth (2008) mass · cites it 10× “38, § 2, and G. L. c. 30, § 9. The letter was delivered to Governor Romney, who (the plaintiff alleges) ratified its provisions when he appointed the plaintiff to office.”

Levy v. Acting Governor (2002) mass · cites it 10× “697, 707 (2002), the Governor held a hearing to determine whether Jordan Levy and Christy Peter Mihos should be removed as members of the Massachusetts Turnpike Authority (Authority), for cause, pursuant to G. L. c. 30, § 9. On February 6, 2002, the Governor determined that they…”

Levy v. Acting Governor (2002) mass · cites it 10× “3 The removal proceedings were begun by letters of the Governor dated November 16, 2001, informing each petitioner that, “I am removing you for cause from your position as member of the Massachusetts Turnpike Authority pursuant to M.G.L. c. 30, § 9.”* ** 4 The letters went on to…”

Monahan v. Romney (2010) ca1 “He was to serve for approximately 4 years and 10 months — the time remaining in the term of the commissioner whom he was replacing.”

Mihos v. Swift (2004) ca1 “The Supreme Judicial Court (SJC) rejected that argument and ruled instead that Mass. Gen. Laws ch. 30, § 9 “confers on the Acting Governor the power to remove a member of the Massachusetts Turnpike Authority in accordance with the terms of that statute.”

Mihos v. Swift (2002) mad “She caused a letter to be delivered to Mihos informing him that she was removing him “for cause” from his “position as a member of the Massachusetts Turnpike Authority pursuant to M.G.L. c. 30, § 9.” Levy v. Acting Governor (“Levy I”), 435 Mass.”

Opinion of the Justices to the Council (1975) mass “We do not understand that any member of the Commission has been removed with or without compliance with the terms of the Executive Order.”

Shannon O'Brien v. Deborah Goldberg (2025) masssuperct · cites it 4× “In Levy II, the SJC reviewed the Governor' s removal of two members of the Turnpike Authority "for cause" under G.L. c. 30, § 9. Id. at 746. Because "cause" was not defined in G.”

Lane v. Celucci (1992) mad · cites it 2× “Lane charges that M.G.L. c. 30 § 9, which gives hearing rights to public officers appointed by the governor, applies to Lane.”

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