Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 108N (2026)

Town manager, administrator, executive secretary, or administrative assistant; employment contract

✓ current as of July 2026
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Section 108N. Notwithstanding the provision of any general or special law to the contrary, any city or town acting through its board of selectmen or city council or mayor with the approval of the city council, as the case may be, may establish an employment contract for a period of time to provide for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performances of duties or office, liability insurance, and leave for its town manager, town administrator, executive secretary, administrative assistant to the board of selectmen, town accountants, city auditor or city manager, or the person performing such duties having a different title.

Said contract shall be in accordance with and subject to the provisions of the city or town charter and shall prevail over any conflicting provision of any local personnel by-law, ordinance, rule, or regulation. In addition to the benefits provided municipal employees under chapters thirty-two and thirty-two B, said contract may provide for supplemental retirement and insurance benefits.

Nothing contained in this section shall affect the appointment or removal powers of any city or town over its town manager, town administrator, executive secretary, administrative assistant to the board of selectmen, town accountants, city auditor or city manager, or such person performing such duties with a different title, nor shall it grant tenure to such officer, nor shall it abridge the provisions of section sixty-seven of chapter forty-four.

Notes of Decisions
Cited in 2 cases, 2000–2013 · leading case: Police Dep't v. Fedorchuk, 723 N.E.2d 41 (Mass. App. Ct. 2000).
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Police Dep't v. Fedorchuk, 723 N.E.2d 41 (Mass. App. Ct. 2000). “”); G. L. c. 41, § 108N (“Notwithstanding the provision of any general or special law to the contrary, any city or town .”
O'Neill v. Sch. Comm., 982 N.E.2d 1180 (Mass. 2013). “11 Their argument, they claim, is bolstered by reference to G. L. c. 41, § 108N (§ 108N), a statute defining the scope of employment contracts between a city or town and a city or town manager, town administrator, town accountant, city auditor, or a person performing similar…”
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