Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 55 (2026)

Town accountant; tenure; powers and duties

✓ current as of July 2026

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Section 55. Any town may authorize the selectmen to appoint a town accountant, who shall perform the duties and possess the powers of town auditors as defined in sections fifty to fifty-three, inclusive. In towns so authorizing the appointment of a town accountant the office of town auditor may, if the town so vote, be abolished. In towns which have accepted chapter thirty-one or corresponding provisions of earlier laws, the appointment of the town accountant shall be subject to the civil service rules. The town accountant shall be sworn to the faithful performance of his duties, shall hold no other town office involving the receipt or disbursement of money, shall hold office for three years and until a successor is qualified; provided, however, that at the discretion of the appointing authority, a person may be appointed to the position of town accountant for a term of not more than five years and until a successor is qualified. The town clerk, if he holds no other office involving the receipt or disbursement of money, may be appointed to the position of town accountant.

Notes of Decisions

Cited in 4 cases, 2001–2005 · leading case: Metivier v. Town of Grafton, 148 F. Supp. 2d 98 (D. Mass. 2001).

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Metivier v. Town of Grafton, 148 F. Supp. 2d 98 (D. Mass. 2001). · cites it 5× “Metivier argues that the Grafton Town Charter (“the Town Charter”) and M.G.L. c. 41, § 55 entitle her to a hearing in which the defendants must establish good cause for their failure to reappoint her to the position of Town Accountant.”

Town of Eastham v. Barnstable Cnty. Ret. Bd., 755 N.E.2d 1284 (Mass. App. Ct. 2001). · cites it 2× “Pursuant to G. L. c. 41, § 55, she was to hold office “for three years and until [her] successor [was] qualified.”

Metivier v. Connor, 283 F.3d 391 (1st Cir. 2002). “Metivier’s position as Town Accountant was terminated after the end of a fixed three-year term, Mass. Gen. Laws ch. 41, § 55 (2000), therefore she had only holdover status.”

Adkins v. Healy, 19 Mass. L. Rptr. 383 (Mass. Super. Ct. 2005). “734, 736-37 (2001), the court was interpreting G.L.c. 41, §55, which is very similar to G.”

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