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

Mass. Gen. Laws ch. 31, § 43 (2026)

Hearings before commission

✓ current as of July 2026
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Section 43. If a person aggrieved by a decision of an appointing authority made pursuant to section 41 shall, within 10 days after receiving written notice of such decision, appeal in writing to the commission, they shall be given a preliminary hearing before a member of the commission or some other disinterested person designated by the chair of the commission. The preliminary hearing shall occur within 60 days after docketing the appeal and, if required, a full evidentiary hearing shall commence within 180 days after docketing the appeal, unless the parties otherwise agree or a member of the commission determines, as a matter of discretion, that a continuance is necessary. If the commission determines that such appeal has been previously resolved or litigated with respect to such person, in accordance with the provisions of section eight of chapter one hundred and fifty E, or is presently being resolved in accordance with such section, the commission shall forthwith dismiss such appeal. If the decision of the appointing authority is based on a performance evaluation conducted in accordance with the provisions of section six A and all rights to appeal such evaluation pursuant to section six C have been exhausted or have expired, the substantive matter involved in the evaluation shall not be open to redetermination by the commission. Upon completion of the hearing, the member or hearing officer shall file forthwith a report of his findings with the commission. Within thirty days after the filing of such report, the commission shall render a written decision and send notice thereof to all parties concerned.

If the commission determines, by a preponderance of the evidence, that there was just cause for an action taken against such person, it shall affirm the action of the appointing authority and deny the appeal; provided, however, that if the commission does not so determine, it shall reverse the action and allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits and subject to such other orders as the commission may deem appropriate to restore and protect the rights provided to such person under this chapter; provided, further, that if the preponderance of the evidence establishes that the action was based upon harmful error in the application of the appointing authority's procedure, an error of law or upon any factor or conduct on the part of the employee not reasonably related to the fitness of the employee to perform in the position, the commission shall allow the appeal, in whole or in part, and the person concerned may be returned to their position with or without loss of compensation or other benefits. The commission may also modify any penalty imposed by the appointing authority.

Any hearing pursuant to this section shall be public if either party so requests in writing. The person who requested the hearing shall be allowed to answer, personally or by counsel, any of the charges which have been made against him.

The decision of the commission made pursuant to this section shall be subject to judicial review as provided in section forty-four.

Saturdays, Sundays and legal holidays shall not be counted in the computation of any period of time specified in this section.

This section shall not apply to a person who is the subject of disciplinary action or 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.

Notes of Decisions
Cited in 174 cases (6 in the last 5 years), 1922–2025 · 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 8× “31, § 2 (g), authorizes the commission to adopt and apply the so-called “postmark rule” to initial filings that commence appeals pursuant to G. L. c. 31, § 43. We agree that the commission properly interpreted the statute in enacting the postmark rule, but we conclude that the…”
Huntoon v. City of Quincy, 206 N.E.2d 63 (Mass. 1965). · cites it 14× “Accompanying each letter was a copy of G. L. c. 31, §§ 43 and 45. Section 46A was not included.”
Cambridge Hous. Auth. v. Civil Serv. Comm'n, 389 N.E.2d 432 (Mass. App. Ct. 1979). · cites it 6× “557, § 1 (see now G. L. c. 31, § 43, as appearing in St. 1978, c.”
Murray v. Second Dist. Court of E. Middlesex, 451 N.E.2d 408 (Mass. 1983). · cites it 4× “On August 17, 1976, the defendants, the members of the board of public health of Watertown (board) notified the plaintiff that a hearing would be held on August 25, pursuant to G. L. c. 31, § 43, as amended through St.”
City of Leominster v. Stratton, 792 N.E.2d 711 (Mass. App. Ct. 2003). · cites it 4× “Under G. L. c. 31, § 43, a person aggrieved by a decision of the appointing authority (in this case the city) made pursuant to G.”
O'CONNOR v. City Manager of Medford, 389 N.E.2d 440 (Mass. App. Ct. 1979). · cites it 4× “393, § 11), the trial judge, on a statement of agreed facts, ruled that the defendant, the city manager of Medford, had acted in violation of G. L. c. 31, § 43, as then in effect, in abolishing the plaintiffs position as head of the redevelopment division of the city’s…”
Green v. Town of Brookline, 757 N.E.2d 731 (Mass. App. Ct. 2001). · cites it 2× “2 Green appealed her discharge to the commission pursuant to *122 G. L. c. 31, § 43. A hearing officer ruled that the town had demonstrated just cause to discipline Green and then terminate her employment.”
Sch. Comm. v. Civil Serv. Comm'n, 684 N.E.2d 620 (Mass. App. Ct. 1997). · cites it 5× “” Wise appealed his discharge pursuant to G. L. c. 31, § 43, to the Civil Service Commission (commission), which assigned the matter for hearing before the Division of Administrative Law Appeals.”
Sullivan v. Dist. Court of Hampshire, 429 N.E.2d 335 (Mass. 1981). · cites it 2× “2 He appealed his dismissal to the Civil Service Commission (commission) pursuant to G.”
Police Comm'r v. Civil Serv. Comm'n, 494 N.E.2d 27 (Mass. App. Ct. 1986). · cites it 3× “Ford appealed to the Civil Service Commission (commission) under G. L. c. 31, § 43. The commission modified the discharge to an eighteen-month suspension.”
Dwyer v. Comm'r of Ins., 376 N.E.2d 826 (Mass. 1978). · cites it 4× “The examiners contended that they were tenured employees who could be properly appointed and removed only by the full FCB of three of *231 ficials, 7 and after compliance with the cause and hearing requirements of the civil service law, G. L. c. 31, § 43. They claimed that the…”
Police Comm'r v. Civil Serv. Comm'n, 659 N.E.2d 1190 (Mass. App. Ct. 1996). · cites it 3× “Clark appealed to the commission pursuant to G. L. c. 31, § 43. After conducting an evidentiary hearing, the commission’s hearing officer found that the police department had *597 met its burden of proving just cause for disciplining Clark under only one of the three…”
Show all 174 citing cases →
— Mass. Gen. Laws ch. 31, § 43(6) — 4 cases
Cambridge Hous. Auth. v. Civil Serv. Comm'n, 389 N.E.2d 432 (Mass. App. Ct. 1979). “557, § 1 (see now G. L. c. 31, § 43, as appearing in St. 1978, c.”
Police Dep't v. Commissioners of Civil Serv., 369 N.E.2d 1042 (Mass. App. Ct. 1977).
Bd. of Selectmen of Framingham v. Civil Serv. Comm'n, 387 N.E.2d 1198 (Mass. App. Ct. 1979).
Massa v. Bd. of Selectmen, 363 N.E.2d 288 (Mass. App. Ct. 1977).
— Mass. Gen. Laws ch. 31, § 43(a) — 6 cases
Cambridge Hous. Auth. v. Civil Serv. Comm'n, 389 N.E.2d 432 (Mass. App. Ct. 1979). “557, § 1 (see now G. L. c. 31, § 43, as appearing in St. 1978, c.”
Dallas v. Comm'r of Pub. Health, 307 N.E.2d 589 (Mass. App. Ct. 1974).
Tobin v. Sheriff of Suffolk Cnty., 385 N.E.2d 972 (Mass. 1979).
Costa v. Bd. of Selectmen, 378 N.E.2d 462 (Mass. App. Ct. 1978).
Bd. of Selectmen of Framingham v. Civil Serv. Comm'n, 387 N.E.2d 1198 (Mass. App. Ct. 1979).
— Mass. Gen. Laws ch. 31, § 43(b) — 5 cases
Sullivan v. Dist. Court of Hampshire, 429 N.E.2d 335 (Mass. 1981). “2 He appealed his dismissal to the Civil Service Commission (commission) pursuant to G.”
Cambridge Hous. Auth. v. Civil Serv. Comm'n, 389 N.E.2d 432 (Mass. App. Ct. 1979). “557, § 1 (see now G. L. c. 31, § 43, as appearing in St. 1978, c.”
Bd. of Selectmen of Framingham v. Civil Serv. Comm'n, 387 N.E.2d 1198 (Mass. App. Ct. 1979).
Comm'r of the Metro. Dist. Comm'n v. Civil Serv. Comm'n, 429 N.E.2d 1026 (Mass. App. Ct. 1982).
Vrabel v. Mayor of Somerville, 432 N.E.2d 108 (Mass. App. Ct. 1982).
— Mass. Gen. Laws ch. 31, § 43(g) — 4 cases
Sullivan v. Dist. Court of Hampshire, 429 N.E.2d 335 (Mass. 1981). “2 He appealed his dismissal to the Civil Service Commission (commission) pursuant to G.”
Ahearn v. DiGrazia, 412 F. Supp. 638 (D. Mass. 1976).
Haywood v. Mun. Court of Boston, 271 N.E.2d 591 (Mass. 1971).
Bd. of Selectmen v. Civil Serv. Comm'n, 451 N.E.2d 1175 (Mass. App. Ct. 1983).
— Mass. Gen. Laws ch. 31, § 43(h) — 2 cases
Superintendent of Belchertown State Sch. v. Civil Serv. Comm'n, 404 N.E.2d 688 (Mass. App. Ct. 1980).
MacLean v. Town of Natick, 437 N.E.2d 570 (Mass. App. Ct. 1982).
— Mass. Gen. Laws ch. 31, § 43(j) — 1 case
Vrabel v. Mayor of Somerville, 432 N.E.2d 108 (Mass. App. Ct. 1982).
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.