Mass. Gen. Laws » Part I Title IV Chapter 31
Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 12 (2026)

Provisional appointments

✓ current as of July 2026
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Section 12. An appointing authority may make a provisional appointment to a position in the official service with the authorization of the administrator or, if the appointing authority is a department, board, commission, institution or other agency within an executive office, with the authorization of the secretary of such office. Such authorization may be given only if no suitable eligible list exists from which certification of names may be made for such appointment or if the list contains the names of less than three persons who are eligible for and willing to accept employment and the appointing authority submits a written statement to the administrator that each person whose name was certified and who reported for an interview was interviewed and considered for appointment and states sound and sufficient reasons, satisfactory to the administrator, for not making an appointment from among such persons. A provisional appointment may be authorized pending the establishment of an eligible list. Such authorization shall be void unless exercised within two weeks after it is granted.

After authorization of a provisional appointment pursuant to the preceding paragraph, the administrator shall proceed to conduct an examination as he determines necessary and to establish an eligible list. Such examination shall be held and such eligible list shall be established within one year from the date of such authorization if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions. If, as the result of such examination, no suitable eligible list is established, the administrator, upon the request of the appointing authority, may authorize an extension of the provisional appointment pending the results of another examination. Upon authorization of such an extension, the administrator shall arrange to hold a new examination forthwith and to determine the results of such examination. The eligible list resulting from such new examination shall be established within eighteen months of the determination of the results of the last previous examination, provided, however, that such new examination shall be held no later than one year from the date the last examination was held if the appointment must comply with federal standards for a merit system of personnel administration as a condition for receipt of federal funds by the commonwealth or any of its political subdivisions.

If no eligible list is established after a second examination for the same position, the administrator and the appointing authority shall confer and decide what action should be taken, such as the holding of another examination on a different basis.

Notes of Decisions
Cited in 11 cases, 1976–2015 · leading case: City of Fall River v. AFSCME Council 93, Local 3177, 810 N.E.2d 1259 (Mass. App. Ct. 2004).
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City of Fall River v. AFSCME Council 93, Local 3177, 810 N.E.2d 1259 (Mass. App. Ct. 2004). · cites it 2× “G. L. c. 31, § 12. Here, no such list existed for the police dispatcher position.”
Foley v. Connelie, 419 F. Supp. 889 (S.D.N.Y. 1976). · cites it 2× “1974); Mass.Gen.Laws Ann. ch. 31, § 12 (Supp.1975); Mich.”
Mayor of Revere v. Civil Serv. Comm'n, 577 N.E.2d 325 (Mass. App. Ct. 1991). “31, § 15, not a provisional appointment under G. L. c. 31, § 12, but at the argument the commission acknowledged that *318 whatever differences there are between the two sections do not bear on the issues in this case.”
Malloch v. Town of Hanover, 37 N.E.3d 1027 (Mass. 2015). “*791 Similarly, under G. L. c. 31, § 12, which governs provisional appointments, “[a]n appointing authority may make a provisional appointment to a position in the official service with the authorization of the administrator.”
City of Fall River v. Teamsters Union, Local 526, 541 N.E.2d 1015 (Mass. App. Ct. 1989). “No list of eligibles was available for the IMF post and the department of public works chose to make a provisional appointment, conformably with G. L. c. 31, §§ 12, 13, and 14. The appointment went to Machado as the most qualified applicant, although the collective bargaining…”
City of Somerville v. Somerville Mun. Employees Ass'n, 481 N.E.2d 1176 (Mass. App. Ct. 1985). “31, § 8, nor any authorization to make a provisional appointment or promotion of either of them pursuant to G. L. c. 31, §§ 12 through 15. 10 Thus, any purported appointments under the provisions of the civil service law are void, and neither woman is entitled to the salary of…”
Marks v. Dep't of State Police, 905 N.E.2d 580 (Mass. App. Ct. 2009). · cites it 2× “The court ruled that the director, pursuant to G. L. c. 31, § 12, had the authority to revise the list.”
City of Boston v. Salaried Employees of North Am., Local 9158, 934 N.E.2d 271 (Mass. App. Ct. 2010). “See G. L. c. 31, § 12. The city also argues that if there is any inconsistency between the civil service laws and the agreement, the provisions of civil service laws control because G.”
Boston Chapter, NAACP, Inc. v. Beecher, 423 F. Supp. 696 (D. Mass. 1976). “Provisional appointments must terminate within six months and fourteen days from the date of a written examination, Mass.Gen.Laws c. 31 § 12, or within thirty days after the establishment of an eligibility list for the position to be filled, id.”
Kelleher v. Dumont, 3 Mass. L. Rptr. 37 (Mass. Super. Ct. 1994). · cites it 8× “31, §2(b), alleging that the appointing authority had failed to requisition the existing 1992 list for the Chiefs position and alleging that the appointing authority had failed to comply with the requirements of G.L.c. 31, §§12, 15, 27, and 59. 1 On August 16, 1994, the Mayor…”
Town of Shrewsbury v. AFSCME Council 93, 8 Mass. L. Rptr. 543 (Mass. Super. Ct. 1998). “G.L.c. 31, §12. Plaintiff asserted in its Complaint that Laramee was ineligible for an appeal to the Civil Service Commission and defendants admitted to the assertion in their Answer.”
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