Massachusetts General Laws

Mass. Gen. Laws ch. 31, § 61 (2026)

Municipal police officers or fire fighters; probationary periods; evaluation

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 61. Following his original appointment as a permanent full-time police officer or fire fighter in a city, or in a town where the civil service law and rules are applicable to such position, a person shall actually perform the duties of such position on a full-time basis for a probationary period of twelve months before he shall be considered a full-time tenured employee in such position, except as otherwise provided by civil service rule. The administrator, with the approval of the commission, may establish procedures to ensure the evaluation by appointing authorities, prior to the end of such probationary period, of the performance of persons appointed as regular police officers or fire fighters. Unless otherwise provided by civil service rule, and with appropriate adjustments to the timing of performance evaluations called for therein, the second paragraph of section 34 shall apply to persons covered by this section.

Notes of Decisions

Cited in 15 cases (3 in the last 5 years), 1979–2025 · leading case: Carleton v. Commonwealth, 858 N.E.2d 258 (Mass. 2006).

Sort: Relevance Newest Treatment

Carleton v. Commonwealth, 858 N.E.2d 258 (Mass. 2006). · cites it 5× “This status requires it to adhere to the Statewide minimum health and fitness standards for police officers and fire fighters promulgated by the division pursuant to G. L. c. 31, § 61 A, first, second and third pars.”

City of Leominster v. Int'l Bhd. of Police Officers, 596 N.E.2d 1032 (Mass. App. Ct. 1992). · cites it 3× “438, and now G. L. c. 31, § 61. Courage, good judgment, and the ability to work under stress in the public interest and as part of an organization, are qualities that are not quickly perceived.”

O'CONNOR v. Police Comm'r of Boston, 557 N.E.2d 1146 (Mass. 1990). · cites it 2× “The job of a police officer is treated specially under civil service law, as indicated by the Legislature's provision in G.L.c. 31, § 61 (1988 ed.), that a new officer actually perform the duties of a police officer "on a full-time basis for a probationary period of twelve…”

Police Comm'r v. Cecil, 727 N.E.2d 846 (Mass. 2000). · cites it 2× “See G. L. c. 31, § 61. 2 On March 12, 1996, the Probate and Family Court issued an ex parte protective order against Cecil pursuant to G.”

Bd. of Selectmen v. Smith, 792 N.E.2d 1050 (Mass. App. Ct. 2003). · cites it 3× “Smith argues that the period of his attendance at the academy should count towards satisfaction of the one-year probationary period provided for under G. L. c. 31, § 61. 3 If so, *814 he would enjoy the status of a tenured police officer and, accordingly, be entitled to a higher…”

Costa v. Bd. of Selectmen of Billerica, 388 N.E.2d 696 (Mass. 1979). “4 For the recodified provisions dealing with probationary employees, see new G. L. c. 31, § 61 (police and firefighters), § 34 (other probationers).”

Hennessey v. Town of Bridgewater, 446 N.E.2d 58 (Mass. 1983). “See G. L. c. 31, § 61, for this provision. 4 “1.”

Town of Weston v. Maguire, 409 N.E.2d 1328 (Mass. App. Ct. 1980). “G. L. c. 31, § 61, inserted by St. 1978, c.”

City of Worcester v. Borghesi, 477 N.E.2d 155 (Mass. App. Ct. 1985). “See now G. L. c. 31, § 61. On the same date the town terminated all compensation that the police *664 officer had been receiving under G.”

Taggart v. Town of Wakefield, 938 N.E.2d 897 (Mass. App. Ct. 2010). “12 See G. L. c. 31, § 61, inserted by St. 1978, c.”

Emanuel Brandao v. Boston Police Dep't & Another (Mass. App. Ct. 2025). · cites it 5× “12[2]), which, if properly applied, should have entitled the plaintiff to tenured status under G. L. c. 31, § 61, and, consequently, the protections of § 41.”

Rick Griffin v. Massachusetts Civil Serv. Comm'n & Others (Mass. Super. Ct. 2022). · cites it 2× “Griffin’s appeal as his termination occurred within his probationary period, the Commission dismissed Mr.”

Show all 15 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.