Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 5 (2026)

Powers and duties of administrator

✓ current as of July 2026

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Section 5. In addition to his other powers and duties, imposed upon him by this chapter, chapter seven and chapter thirty the administrator shall have the following powers and duties:

(a) To administer, enforce and comply with the civil service law and rules and the decisions of the commission.

(b) Establish, with the approval of the commission, classification plans for positions in every city and town which are subject to any provisions of this chapter. Upon the establishment of each such classification plan, the administrator shall forthwith make such plan effective. He shall keep said classification plan current and, with like approval, may from time to time amend or change said classification plan. Failure of the commission to approve or reject said amendment or change within ninety days after the request by the administrator for approval thereof shall constitute an approval of said amendment or change.

(c) To approve or disapprove specifications and qualifications submitted by an appointing authority in a city or town or other political subdivision of the commonwealth for any civil service position; and, in the case of any disapproval, to establish such specifications and qualifications when, in his opinion, the appointing authority has failed to furnish satisfactory specifications and qualifications within thirty days after notice to the appointing authority of such disapproval.

(d) To evaluate the qualifications of applicants for civil service positions.

(e) To conduct examinations for purposes of establishing eligible lists.

(f) To establish such mandatory standards for civil service positions as he determines to be necessary, including standards designed to facilitate the employment of persons with disabilities, disadvantaged persons and persons who have been convicted of criminal offenses.

(g) To develop and to assist appointing authorities in developing programs and opportunities for the employment of persons with disabilities and disadvantaged persons and for the rehabilitation and employment of persons who have been convicted of criminal offenses.

(h) To maintain records of the following: examinations which have been conducted, eligible lists and registers which have been established, the names of persons certified for original and promotional appointment, and all permanent, provisional and temporary appointments to civil service positions.

(i) When he shall determine to be necessary, to examine or direct the examination of and to investigate payrolls and bills and accounts for the payment of salaries and compensation for service in civil service positions.

(j) On or before October first each year, to submit a written report to the general court, the governor, the commission, and the state library describing the activities of the division during the previous fiscal year. Such report shall include data on examinations and appointments and any recommendations of the administrator for the improvement of the operation of the division.

(k) To establish a recruitment program to recruit applicants for civil service positions.

(l) To delegate the administrative functions of the civil service system, so far as practicable, to the various state agencies and cities and towns of the commonwealth.

(m) To act as a coordinator and technical assistant in the development and training programs to the various state agencies and cities and towns of the commonwealth.

(n) To establish a schedule of fees to be collected from applicants taking non-promotional civil service examinations, and to provide for the waiver of such fees in appropriate instances.

(o) To establish and act as coordinator of a career management service program for employees of the commonwealth.

(p) To provide training programs and technical expertise on the substantive and procedural issues involved in disciplinary actions involving the various state agencies.

Notes of Decisions

Cited in 24 cases, 1925–2015 · leading case: Malloch v. Town of Hanover, 37 N.E.3d 1027 (Mass. 2015).

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Malloch v. Town of Hanover, 37 N.E.3d 1027 (Mass. 2015). · cites it 13× “31, § 27; that “received” in this context means substantially reviewed and approved by the administrator; and that the administrator 2 may not, in accordance with G. L. c. 31, § 5 (Z), delegate that function to the town’s appointing authority.”

Lopez v. Massachusetts, 588 F.3d 69 (1st Cir. 2009). · cites it 2× “See Mass. Gen. Laws ch. 31, § 5 (1) (statutory authority for HRD to delegate administrative functions) and §§ 9-11 (setting out the general parameters for promotional examinations).”

Anthony v. Com. of Mass., 415 F. Supp. 485 (D. Mass. 1976). · cites it 4× “134 of the Acts of 1975, amending Mass.Gen.Laws ch. 31, § 5. [5] The amendment, which became effective on July 16, 1975, removed all appointments for state and municipal legal positions made after its effective date from the provisions of the state civil service law.”

O'Neill v. City Manager, 700 N.E.2d 530 (Mass. 1998). “Neither the powers of the administrator of the department of personnel administration under G. L. c. 31, § 5, nor the provisions for separation under G.”

Daveiga v. Boston Pub. Health Comm'n, 869 N.E.2d 586 (Mass. 2007). “See also G. L. c. 31, § 5 (c) (referring to “city or town or other political subdivision of the [C]ommonwealth” in provision regarding qualifications for civil service); G.”

Feeney v. Commonwealth, 366 N.E.2d 1262 (Mass. 1977). “134, which amended G. L. c. 31, § 5. The amendment excluded appointments to the legal positions sought by the Anthony plaintiffs from the operation of the civil service law.”

Staveley v. City of Lowell, 882 N.E.2d 362 (Mass. App. Ct. 2008). · cites it 3× “By virtue of G. L. c. 31, § 5, the personnel administrator has general responsibility for administration of the civil service laws.”

Feeney v. Com. of Mass., 451 F. Supp. 143 (D. Mass. 1978). · cites it 2× “We considered plaintiff Feeney's claim on the merits. Our decision in the Feeney case is the subject of the court's remand order presently before us.”

City of Somerville v. Somerville Mun. Employees Ass'n, 481 N.E.2d 1176 (Mass. App. Ct. 1985). “9 The job titles are set forth in the “Municlass Manual,” a municipal classification plan prepared by the administrator and commission as required by G. L. c. 31, § 5 (b). All municipal job classification plans must, under the civil service law, conform to the manual.”

Town of Dedham v. Dedham Police Ass'n, 706 N.E.2d 724 (Mass. App. Ct. 1999). “” Because of the synergetic relationship between the commission and the personnel administrator, see G. L. c. 31, § 5(a) (establishing the personnel administrator as the commission’s enforcement arm), this letter can properly be assumed to reflect the answer the commission…”

Opinion of the Justices to the Governor & Council, 175 N.E. 644 (Mass. 1931). “” G. L. c. 31, § 5. The provisions of G. L.”

Reynolds v. McDermott, 162 N.E. 1 (Mass. 1928). “” *161 G. L. c. 31, § 5, so far as material, reads: "No rule made by the board [of civil service] shall apply to the selection or appointment of any of the following .”

Show all 24 citing cases →

— Mass. Gen. Laws ch. 31, § 5(7) — 1 case

Staveley v. City of Lowell, 882 N.E.2d 362 (Mass. App. Ct. 2008). “By virtue of G. L. c. 31, § 5, the personnel administrator has general responsibility for administration of the civil service laws.”

— Mass. Gen. Laws ch. 31, § 5(a) — 2 cases

Cotter v. City of Boston, 73 F. Supp. 2d 62 (D. Mass. 1999).

— Mass. Gen. Laws ch. 31, § 5(e) — 1 case

Spadafora v. Dep't of Fisheries, Wildlife & Env't Law Enf't, 8 Mass. L. Rptr. 634 (Mass. Super. Ct. 1998).

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