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

Mass. Gen. Laws ch. 31, § 2 (2026)

Powers and duties of commission

✓ current as of July 2026
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Section 2. In addition to its other powers and duties, the commission shall have the following powers and duties:

(a) To conduct investigations at its discretion or upon the written request of the governor, the executive council, the general court or either of its branches, the administrator, an aggrieved person, or by ten persons registered to vote in the commonwealth.

(b) To hear and decide appeals by a person aggrieved by any decision, action, or failure to act by the administrator, except as limited by the provisions of section twenty-four relating to the grading of examinations; provided that no decision or action of the administrator shall be reversed or modified nor shall any action be ordered in the case of a failure of the administrator to act, except by an affirmative vote of at least three members of the commission, and in each such case the commission shall state in the minutes of its proceedings the specific reasons for its decision.

No person shall be deemed to be aggrieved under the provisions of this section unless such person has made specific allegations in writing that a decision, action, or failure to act on the part of the administrator was in violation of this chapter, the rules or basic merit principles promulgated thereunder and said allegations shall show that such person's rights were abridged, denied, or prejudiced in such a manner as to cause actual harm to the person's employment status.

The appeal shall be accompanied by such form as the commission may prescribe containing a statement of the allegations that form the basis of the aggrieved person's appeal with specific reference to the provisions of this chapter or the rules of the administrator or basic merit principles that have been violated, together with an explanation of how the person has been harmed.

Hearings on any appeal pending before the commission may be held before any member thereof, who shall report their findings of fact and recommendations to the commission for its action. Alternatively, the chair of the commission may appoint as hearing officer any other disinterested person who is experienced in adjudication or well-versed in the provisions of this chapter; provided, that upon the conclusion of any such hearing, and consistent with the provisions governing tentative decisions set forth in the Standard Adjudicatory Rules of Practice and Procedure, the assigned hearing officer shall report their findings of fact and recommendations to the commission for its action.

No decision of the administrator involving the application of standards established by law or rule to a fact situation shall be reversed by the commission except upon a finding that such decision was not based upon a preponderance of evidence in the record.

(c) Subject to the procedures set forth in paragraph (b), except that all references therein to the administrator shall be taken to mean the local appointing authority or its designated representative, to hear and decide appeals by persons aggrieved by decisions, actions, or failure to act by local appointing authorities in accordance with the provisions of section 8 of chapter 31A or this chapter; provided, however, that the commission shall not have jurisdiction to hear an appeal of a decision by the Massachusetts peace officer standards and training commission established pursuant to chapter 6E to take adverse action against a law enforcement officer under section 10 of said chapter 6E.

(d) To hear and decide appeals concerning performance evaluations or performance audits conducted by the administrator, as provided by this chapter or chapter 31A.

(e) To award reasonable attorneys' fees and costs up to $25,000 to an appellant who prevails in an appeal brought under this chapter, upon an express finding of either bad faith on the part of the appointing authority or an egregious or willfully repeated violation of this chapter, unless special circumstances would render such an award in full unjust.

(f) To recommend any proposed rule changes to the administrator it feels would be consistent with basic merit principles outlined in this chapter and would be in the public interest.

(g) To adopt such rules of procedure as necessary for the conduct of its proceedings.

(h) To close all or a portion of a hearing or proceeding conducted by the commission pursuant to this chapter, and to make such orders deemed necessary to protect the privacy of a person's health or other acutely sensitive or confidential information.

Notes of Decisions
Cited in 49 cases (1 in the last 5 years), 1925–2022 · leading case: Town of Falmouth v. Civil Serv. Comm'n, 857 N.E.2d 1052 (Mass. 2006).
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Town of Falmouth v. Civil Serv. Comm'n, 857 N.E.2d 1052 (Mass. 2006). · cites it 4× “On appeal, the defendants argue that G. L. c. 31, § 2 (g), authorizes the commission to adopt and apply the so-called “postmark rule” to initial filings that commence appeals pursuant to G.”
Massachusetts Ass'n of Minority Law Enf't Officers v. Abban, 748 N.E.2d 455 (Mass. 2001). · cites it 3× “7 The bypassed officers appealed to the commission pursuant to G. L. c. 31, § 2 (b), 8 and the police department responded with a motion to dismiss.”
Bielawski v. Pers. Adm'r of the Div. of Pers. Admin., 663 N.E.2d 821 (Mass. 1996). · cites it 3× “The plaintiff appealed from this determination to the commission pursuant to G. L. c. 31, § 2 (b). While this appeal was pending, the selectmen bypassed the plaintiff a third time on September 2, 1988, and a fourth and fifth time on May 13, 1989, thereby promoting all of the six…”
Sciuto v. City of Lawrence, 452 N.E.2d 1148 (Mass. 1983). · cites it 4× “They contend that the plaintiffs have raised their challenges to the earlier appointments too late, that the action is barred by loches, and that they failed to take seasonable appeals under G. L. c. 31, § 2 (b), to the commission when Patrick Schiavone’s name appeared on…”
Police Dep't of Boston v. Kavaleski, 978 N.E.2d 55 (Mass. 2012). · cites it 2× “See G. L. c. 31, § 2 (b). After an evidentiary hearing, the commission concluded that the department had failed to meet its burden of establishing a reasonable justification for bypassing Kavaleski, and ordered that her name be restored to the department’s list of individuals…”
Malloch v. Town of Hanover, 37 N.E.3d 1027 (Mass. 2015). · cites it 3× “Malloch appealed the town’s decision to the Civil Service Commission (commission), pursuant to G. L. c. 31, § 2 (b), arguing that, where an appointing authority promotes a candidate other than the candidate ranked highest on the certification list, the promotion will not become…”
Pugsley v. Police Dep't of Boston, 34 N.E.3d 1235 (Mass. 2015). · cites it 2× “9 In addition to filing suit in the Superior Court, the plaintiff also appealed the department’s hiring decisions to the Civil Service Commission (commission), pursuant to G. L. c. 31, § 2 (b). In a written decision, the commission found that the appeal was not duplicative of…”
Kelleher v. Pers. Adm'r of the Dep't of Pers. Admin., 657 N.E.2d 229 (Mass. 1995). · cites it 3× “” G. L. c. 31, § 2 (b) (1994 ed.). The Legislature has also provided that “[a]ny party aggrieved by a final order or decision of the commission following a hearing .”
Crete v. City of Lowell, 418 F.3d 54 (1st Cir. 2005). · cites it 2× “See Mass. Gen. Laws ch. 31, § 2 (b). During this hiring cycle, Ciavola was fourth on the list of candidates who made themselves eligible for the position of police officer with the City.”
Brackett v. Civil Serv. Comm'n, 447 Mass. 233 (Mass. 2006). “The plaintiffs filed an appeal with the commission, pursuant to G. L. c. 31, § 2 (b), alleging that they were unlawfully bypassed for promotion in favor of minority and female candidates.”
Mayor of Revere v. Civil Serv. Comm'n, 577 N.E.2d 325 (Mass. App. Ct. 1991). · cites it 2× “Proceeding under the provisions of G. L. c. 31, § 2(6), Ryan appealed to the commission, claiming in substance that the mayor’s decision not to appoint him was politically motivated, arbitrary, capricious, and in violation of “basic merit principles.”
Green v. Town of Brookline, 757 N.E.2d 731 (Mass. App. Ct. 2001). “See G. L. c. 31, § 2. See also Mayor of Revere v.”
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— Mass. Gen. Laws ch. 31, § 2(6) — 4 cases
Mayor of Revere v. Civil Serv. Comm'n, 577 N.E.2d 325 (Mass. App. Ct. 1991). “Proceeding under the provisions of G. L. c. 31, § 2(6), Ryan appealed to the commission, claiming in substance that the mayor’s decision not to appoint him was politically motivated, arbitrary, capricious, and in violation of “basic merit principles.”
Malone v. Civil Serv. Comm'n, 646 N.E.2d 150 (Mass. App. Ct. 1995).
Aquino v. Civil Serv. Comm'n, 613 N.E.2d 131 (Mass. App. Ct. 1993).
City of New Bedford v. Civil Serv. Comm'n, 378 N.E.2d 1014 (Mass. App. Ct. 1978).
— Mass. Gen. Laws ch. 31, § 2(a) — 2 cases
Cucchi v. City of Newton, 108 N.E.3d 1006 (Mass. App. Ct. 2018).
Rick Griffin v. Massachusetts Civil Serv. Comm'n & Others (Mass. Super. Ct. 2022).
— Mass. Gen. Laws ch. 31, § 2(b) — 16 cases
Hussey v. Sullivan, 498 F. Supp. 594 (D. Mass. 1980).
McCarthy v. Szostkiewicz, 188 F. Supp. 2d 64 (D. Mass. 2002).
Ash v. Police Comm'r, 418 N.E.2d 622 (Mass. App. Ct. 1981).
Cox v. Civil Serv. Comm'n, 338 N.E.2d 354 (Mass. App. Ct. 1975).
Davis v. Pers. Adm'r of the Dep't of Pers. Admin., 535 N.E.2d 1275 (Mass. App. Ct. 1989).
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