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

Mass. Gen. Laws ch. 31, § 3

Rules

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Section 3. The administrator shall make and amend rules which shall regulate the recruitment, selection, training and employment of persons for civil service positions; provided, however, that the commission shall review such rules and in the event the commission determines that any proposed rule violates the basic merit principles outlined in this chapter, it may, within fifteen days of receipt of such proposed rule, by a three-fifths vote, disapprove such proposed rule. Such rules and amendments thereto shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed. Such rules shall include provisions for the following:

(a) Establishment of civil service series and titles, provided that for employment in the service of the commonwealth such series and titles shall be consistent with those established pursuant to section forty-five of chapter thirty.

(b) Placement of civil service positions in the official or labor service.

(c) Open competitive and other examinations to test the practical fitness of applicants.

(d) Selection of persons for positions and employment in accordance with the results of examinations, or in the order of application, or otherwise.

(e) Promotional appointments, on the basis of merit as determined by examination, performance evaluation, seniority of service or any combination of factors which fairly test the applicant's ability to perform the duties of the position as determined by the administrator.

(f) Preferences to veterans in original and promotional appointments.

Any person, who meets the definition of veteran but has not yet been discharged from military service and was serving in the armed forces at the time of examination shall receive the same preference afforded to veterans; provided, however, that such person shall provide official documentation of honorable discharge at the time of appointment. If such person fails to provide proper documentation, such appointment and preference shall be immediately rescinded.

(g) Subject to prior preference to disabled veterans, preference to blind persons in the employment by any state department, board or commission of typists to take dictation solely from dictating machines.

(h) Transfers within and between departmental units.

(i) In the development of examination procedures shall consult with representatives of labor and professionals in the field to increase emphasis upon aptitudes relevant to performing the position to be tested.

(j) The establishment and direction of a career management service program.

(k) The development of recruitment programs, and

(l) The oversight responsibility for development of training programs in the various state agencies of the commonwealth.

Notes of Decisions
Cited in 20 cases, 1922–2012 · leading case: Brackett v. Civil Service Commission
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Brackett v. Civil Service Commission (2006) mass · cites it 9× “By decision dated November 5, 1997, the commission denied the plaintiffs’ appeal, concluding that (1) Rule 10 was a valid exercise of the HRD’s rule making authority under G. L. c. 31, § 3; (2) the plaintiffs’ constitutional claims could not be decided by the commission; and (3)…”
Lopez v. Commonwealth (2012) mass · cites it 2× “See G. L. c. 31, § 3 (providing for development of rules to regulate “recruitment, selection, training and employment of persons for civil service positions,” including rules providing for “development of examination procedures”).”
Lopez v. Massachusetts (2009) ca1 “” Mass. Gen. Laws ch. 31, § 3 (e). Section 6B further provides that HRD and collective bargaining representatives must jointly determine the weight that appointing authorities should give to performance evaluations as another basis for evaluating candidates.”
Timmins v. Civil Service Commissioners (1931) mass · cites it 2× “The statutes require that the rules of selection established by the commission shall include provision for "Promotions, if practicable, on the basis of ascertained merit in the examination and seniority of service”; G. L. c. 31, § 3 (d) as amended by St. 1930, c.”
Younie v. Director of Division of Unemployment Compensation (1940) mass “Those provisions were contained in G. L. c. 31, § 3, when St. 1922, c. 463, was enacted.”
Lavash v. Kountze (1979) mad “G.L. c. 31, § 3 provides that the Civil Service Commission shall make rules including provisions for: (e) Selection of persons for positions and employments in accordance with the results of examination, or in the order of application, or otherwise.”
Reynolds v. McDermott (1928) mass “” It was contended by the petitioner before the single justice, and it is now argued before this court, that the position of superintendent of waterworks in the city of Lowell was a civil service position under G. L. c. 31, § 3, and that it is classified by the civil service…”
Crimmins v. Highway Commission of Brockton (1939) mass “But the eighteenth rule of the civil service commission provides that ‘No person appointed in the official or labor division shall be regarded as holding office or employment in the classified public service until he has served a probationary period of six months/ By G. L. c.…”
Board of Selectmen v. Civil Service Commission (1994) massappct “To be sure, the administrator of the Department of Personnel Administration has authority to make rules for the employment of persons in civil service positions, see G. L. c. 31, § 3, but those rules must be formulated and filed conformably with G.”
Cassidy v. Transit Department (1925) mass “Veterans employed in the public service of a city are entitled to the notice and hearing provided for in G. L. c.”
Wells v. Commissioner of Public Works (1925) mass “” By G. L. c. 31, § 3, this rule has the force of law, and, the probationary period not having expired on April 28, 1925, there was no removal of the petitioner as a person holding permanent office or employment in the classified public service of the Commonwealth or any county,…”
McDonald v. Fire Engineers (1922) mass “In order that the fitness of an applicant for a position in the public service may be ascertained, G. L. c. 31, § 3, cl. b provides for “Ópen competitive and other examinations to test the practical fitness of applicants.”
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— Mass. Gen. Laws ch. 31, § 3(e) — 1 case
Spadafora v. Department of Fisheries, Wildlife & Environmental Law Enforcement (1998) masssuperct
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