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

Mass. Gen. Laws ch. 31, § 42 (2026)

Complaints; hearings; jurisdiction; filing of civil action

✓ current as of July 2026
Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 42. Any person who alleges that an appointing authority has failed to follow the requirements of section forty-one in taking action which has affected his employment or compensation may file a complaint with the commission. Such complaint must be filed within ten days, exclusive of Saturdays, Sundays, and legal holidays, after said action has been taken, or after such person first knew or had reason to know of said action, and shall set forth specifically in what manner the appointing authority has failed to follow such requirements. If the commission finds that the appointing authority has failed to follow said requirements and that the rights of said person have been prejudiced thereby, the commission may order the appointing authority to restore said person to employment immediately with or without loss of compensation or other rights. This section shall not apply to a person who is the subject of disciplinary action or other employment-related consequences by an appointing agency, as defined in section 1 of chapter 6E, that results from decertification under section 10 of said chapter 6E.

A person who files a complaint under this section may at the same time request a hearing as to whether there was just cause for the action of the appointing authority in the same manner as if he were a person aggrieved by a decision of an appointing authority made pursuant to all the requirements of section forty-one. In the event the commission determines that the subject matter of such complaint has been previously resolved or litigated with respect to such employee, in accordance with the provisions of section eight of chapter one hundred and fifty E, or is presently being resolved in accordance with said section eight, the commission shall forthwith dismiss such complaint. If said complaint is denied, such hearing shall be conducted and a decision rendered as provided by section forty-three.

The supreme judicial court or the superior court shall have jurisdiction over any civil action for the reinstatement of any person alleged to have been illegally discharged, removed, suspended, laid off, transferred, lowered in rank or compensation, or whose civil service position is alleged to have been illegally abolished. Such civil action shall be filed within six months next following such alleged illegal act, unless the court upon a showing of cause extends such filing time.

Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 1972–2025 · leading case: Fernandes v. Attleboro Hous. Auth., 20 N.E.3d 229 (Mass. 2014).
Sort: Relevance Newest Treatment
Fernandes v. Attleboro Hous. Auth., 20 N.E.3d 229 (Mass. 2014). · cites it 4× “Pursuant to G. L. c. 31, § 42, “[a]ny person who alleges that an appointing authority has failed to follow the requirements of [§ 41] in taking action which has affected his employment or compensation may *123 file a complaint with the commission” (emphasis added).”
City of Gloucester v. Civil Serv. Comm'n, 557 N.E.2d 1141 (Mass. 1990). · cites it 3× “The following facts are taken from the subsidiary findings of the administrative magistrate who was designated by the commission to hear D’Antonio’s appeal under G. L. c. 31, §§ 42 and 43 (1988 ed.). D’Antonio was a junior draftsman, a grade 6 position, in the engineering…”
Jones v. City of Boston, 752 F.3d 38 (1st Cir. 2014). “3 Mass. Gen. Laws Ann. ch. 31, § 42 . The department also used the hair test to screen job applicants.”
O'Neill v. Carlisle, 210 F.3d 41 (1st Cir. 2000). “See Mass. Gen. Laws ch. 31, § 42 . Alternatively, under state law O’Neill could pursue her remedies under the collective bargaining agreement and take the matter to binding arbitration.”
Spencer v. Civil Serv. Comm'n, 93 N.E.3d 840 (Mass. 2018). “G. L. c. 31, § 42. Similarly, under St. 1993, c.”
Andrews v. Civil Serv. Comm'n, 846 N.E.2d 1126 (Mass. 2006). “The plaintiff then appealed to the commission pursuant to G. L. c. 31, §§ 42 and 43. Both parties presented evidence to a hearing officer, see G.”
Delaney v. Chief of Police of Wareham, 539 N.E.2d 65 (Mass. App. Ct. 1989). “” 5 On the same day, the plaintiff was given notice of his right under G. L. c. 31, § 42, to appeal his suspension to the Civil Service Commission.”
Debnam v. Town of Belmont, 447 N.E.2d 1237 (Mass. 1983). “31, § 44, grants District or Municipal Court review to a person who, “following a hearing requested by him pursuant to section forty-two or section forty-three” (emphasis added), is aggrieved by a decision of *634 the commission.”
City of Fall River v. AFSCME Council 93, Local 3177, 810 N.E.2d 1259 (Mass. App. Ct. 2004). “be the exclusive procedure”); G. L. c. 31, § 42; Canavan v. Civil Serv.”
City of Springfield v. Civil Serv. Comm'n, 14 N.E.3d 241 (Mass. 2014). “After receiving what McDowell alleges was defective notice, he could have filed a complaint, pursuant to G. L. c. 31, § 42, within ten days in order to provide the city the opportunity to correct it, but he did not.”
Police Comm'r v. Cecil, 727 N.E.2d 846 (Mass. 2000). “” Cecil appealed to the commission pursuant to G. L. c. 31, §§42 and 43, on October 29, 1996, and a hearing took place before the division of administrative law appeals.”
Hutcheson v. Dir. of Civil Serv., 281 N.E.2d 53 (Mass. 1972). · cites it 2× “" See G.L.c. 31, § 42, as appearing in St. 1970, c.”
Show all 34 citing cases →
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.