Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 11 (2026)

Appointment to fill vacancy in town office

✓ current as of July 2026

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Section 11. As used in this section, the term ''vacancy'' includes a failure to elect. If a vacancy occurs in any town office, other than the office of selectman, town clerk, treasurer, collector of taxes or auditor, the selectmen shall in writing appoint a person to fill such vacancy. If there is a vacancy in a board consisting of two or more members, except a board whose members have been elected by proportional representation under chapter fifty-four A, the remaining members shall give written notice thereof, within one month of said vacancy, to the selectmen, who, with the remaining member or members of such board, shall, after one week's notice, fill such vacancy by roll call vote. The selectmen shall fill such vacancy if such board fails to give said notice within the time herein specified. A majority of the votes of the officers entitled to vote shall be necessary to such election. The person so appointed or elected shall be a registered voter of the town and shall perform the duties of the office until the next annual meeting or until another is qualified.

Notes of Decisions

Cited in 73 cases, 1956–2016 · leading case: Willis v. Bd. of Selectmen of Easton, 539 N.E.2d 524 (Mass. 1989).

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Willis v. Bd. of Selectmen of Easton, 539 N.E.2d 524 (Mass. 1989). · cites it 9× “Willis, a fire fighter for the town of Easton (town), filed a complaint against the town seeking a declaration of his rights to compensation under G. L. c. 41, § 11 IF (1986 ed.) (compensation for public safety employees).”

Todino v. Town of Wellfleet, 860 N.E.2d 1 (Mass. 2007). · cites it 4× “Pursuant to G. L. c. 41, § 11 IF, the town placed her on leave without loss of pay.”

Jones v. Town of Wayland, 373 N.E.2d 199 (Mass. 1978). · cites it 3× “231 A, § 1, seeking a declaration that he is entitled to compensation from the defendant town of Wayland (Wayland), under G. L. c. 41, § 11 IF, as appearing in St.”

Mulgrew v. City of Taunton, 574 N.E.2d 389 (Mass. 1991). · cites it 3× “In count one of his complaint, the plaintiff sought a declaratory judgment that he was entitled to disability benefits pursuant to G. L. c. 41, § 11 IF (1990 ed.), and a declaratory judgment that his resignation from the police department was not voluntary.”

Sullivan v. Town of Brookline, 758 N.E.2d 110 (Mass. 2001). ““Reinstated” officers may also expose the municipality to liability to third parties if they remain untrained and, if reinjured while retraining, they will be able to receive new and pos *362 sibly higher benefits under G. L. c. 41, § 11 IF, or G. L. c. 32, § 7.”

Howcroft v. City of Peabody, 747 N.E.2d 729 (Mass. App. Ct. 2001). “” G. L. c. 41, § 11 IF, inserted by St. 1952, c.”

Town of Duxbury v. Duxbury Permanent Firefighters Ass'n, 737 N.E.2d 1271 (Mass. App. Ct. 2000). · cites it 4× “On May 20, 1993, the town placed him on IOD status, and Thomas began a leave, without loss of pay, pursuant to G. L. c. 41, § 11 IF. He remained on IOD status at least through the date of the arbitration hearing.”

Town of Duxbury v. Rossi, 865 N.E.2d 1200 (Mass. App. Ct. 2007). · cites it 5× “In that award, the arbitrator determined that the town had unlawfully denied payment to the defendant, Cully Rossi, a town police officer, of benefits for injury on duty in accordance with G. L. c. 41, § 11 IF, and ordered that those benefits be paid until Rossi was deemed fit…”

Lev v. Beverly Enter.-Massachusetts, Inc., 929 N.E.2d 303 (Mass. 2010). “659, 666-667 (1975) (police officer injured during lunch break, a time when officers continue to perform police functions in community, included in class of “traveling workers” not barred from receiving compensation under G. L. c. 41, § 11 IF, by “going and coming” rule).”

City of Lawrence v. Lawrence Patrolmen's Ass'n, 780 N.E.2d 92 (Mass. App. Ct. 2002). · cites it 4× “41, § 100, and G. L. c. 41, § 11 IF, is novel, the applicable principles of the law of arbitration are familiar.”

Brown v. Off. of the Comm'r of Prob., 59 N.E.3d 1167 (Mass. 2016). · cites it 2× “41, § 11 IF, which allows police officers to recover wages they are deprived of during periods of incapacity, waives sovereign immunity from liability for postjudgment interest by necessary implication, because it directs that plaintiffs be compensated “without loss of pay for…”

Todino v. Town of Wellfleet, 845 N.E.2d 1178 (Mass. App. Ct. 2006). · cites it 14× “The issue presented is whether an incapacitated police officer, injured on duty through no fault of her own, is entitled to recover prejudgment and postjudgment interest from the municipal employer who unsuccessfully challenged her right to compensation pursuant to G. L. c. 41,…”

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