Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 14 (2026)

Provisional appointments; authorization; reports; length of service; termination

✓ current as of July 2026

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Section 14. Upon receipt of the notice described in section thirteen, the administrator or the secretary in charge of the executive office, as the case may be, may authorize a provisional appointment if he determines that the contents of the notice are satisfactory. If the administrator or secretary and the appointing authority which filed the notice agree that the duties, qualifications and entrance requirements are correct as stated in the notice and if no person who meets the entrance requirements can be found for provisional appointment to the position pending the holding of an examination and the establishment of an eligible list, the position shall remain unfilled until such eligible list is established; provided, however, that if an emergency exists, and the appointing authority describes the reasons for the emergency, states that such position must be filled because of such emergency, and submits a statement which describes to the satisfaction of the administrator the steps which have been taken to find a person who meets the entrance requirements for the position, the administrator may authorize a provisional appointment of a person who does not meet such entrance requirements. Such authorization in the case of such emergency shall not constitute a finding that the person so provisionally appointed is eligible to take the examination for such position.

Each provisional appointment shall be reported by the appointing authority to the administrator. A provisional appointment may be terminated by the administrator at any time and, except as provided in the preceding paragraph, shall be terminated forthwith whenever the administrator or secretary shall determine that the person appointed does not, in fact, possess the approved qualifications or satisfy the approved requirements for the position. The administrator shall have the authority to terminate a provisional appointment which was approved by a secretary of an executive office.

Except as otherwise provided by section fifteen, no provisional employment in a position shall be authorized, approved, or continued for more than thirty days following a certification from an eligible list if such list contains the names of three persons eligible for and willing to accept appointment to such position.

A provisional appointment shall be terminated if there is a change in the nature of the employment or in the salary of the person who has been provisionally appointed.

Notes of Decisions

Cited in 7 cases, 1984–2014 · 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 4× “G. L. c. 31, § 14. See McLaughlin v. Commissioner of Pub.”

City of Fall River v. Teamsters Union, Local 526, 541 N.E.2d 1015 (Mass. App. Ct. 1989). “4 See also G. L. c. 31, § 14, as appearing in St. 1978, c.”

Rafferty v. Comm'r of Pub. Welfare, 482 N.E.2d 841 (Mass. App. Ct. 1985). “We think the trial judge concluded wrongly that ER-3 afforded Rafferty a constitutionally protected interest in further employment.”

Cosby v. Dep't of Soc. Servs., 589 N.E.2d 349 (Mass. App. Ct. 1992). “DSS hired the plaintiffs as provisional appointees (see G. L. c. 31, § 14) at various times between 1986 and 1988.”

City of Everett v. Teamsters, Local 380, 463 N.E.2d 1200 (Mass. App. Ct. 1984). “G. L. c. 31, § 14, inserted by St. 1978, c.”

FERLISI v. Galvin, 787 F. Supp. 2d 111 (D. Mass. 2011). · cites it 3× “”) (citing Mass. Gen. L. ch. 31, §§ 14 & 41) (footnote omitted).”

Mendonca v. Civil Serv. Comm'n, 23 N.E.3d 108 (Mass. App. Ct. 2014). · cites it 2× “31, § 9A,]” there was no error in the hearing officer’s conclusion. Barkin v. Milk Control Commn., 8 Mass.”

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