Massachusetts General Laws

Mass. Gen. Laws ch. 41, § 97 (2026)

Police departments; establishment

✓ current as of July 2026

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

Section 97. In towns which accept this section or have accepted corresponding provisions of earlier laws there shall be a police department established under the direction of the selectmen, who shall appoint a chief of police and such other police officers as they deem necessary, and fix their compensation in an amount not in the aggregate exceeding the annual appropriation therefor. In any such town in which such appointments are not subject to chapter thirty-one, they shall be made annually or for a term of years not exceeding three years, as the selectmen shall determine, and the selectmen may remove such chief or other officers for cause at any time during such appointment after a hearing. The selectmen may make suitable regulations governing the police department and the officers thereof. The chief of police shall be in immediate control of all town property used by the department, and of the police officers, who shall obey his orders.

Notes of Decisions

Cited in 21 cases, 1925–2017 · leading case: Chief of Police of Westford v. Town of Westford, 313 N.E.2d 443 (Mass. 1974).

Sort: Relevance Newest Treatment

Chief of Police of Westford v. Town of Westford, 313 N.E.2d 443 (Mass. 1974). · cites it 7× “of police of Westford seeking a declaratory decree that certain provisions of a collective bargaining agreement between the town of Westford (town) and the International Brotherhood of Police Officers, Local 326 (the union), acting as the sole and exclusive bargaining agent of…”

Carvalho v. Town of Westport, 140 F. Supp. 2d 95 (D. Mass. 2001). · cites it 2× “Indeed, it can be inferred from the pleadings that the Selectmen actively participated in Healy’s retaliatory demotion of Carvalho because of their participation in the subsequent disciplinary hearing. Id. ¶ 20; Disciplinary Hr’g Mem.”

Stetson v. Bd. of Selectmen of Carlisle, 343 N.E.2d 382 (Mass. 1976). “” In his petition, the plaintiff acknowledged that the town’s police department was governed by G. L. c. 41, § 97, which provides that, in towns which have adopted it, police officers serve “at pleasure.”

Taunton v. Taunton Branch of Mass Police Ass'n, 406 N.E.2d 1298 (Mass. App. Ct. 1980). · cites it 2× “However, even if this is so, it does not follow that the issue of whether those provisions should be included in the collective bargaining agreement was within the scope of the authority of the arbitration panel.”

Town of Andover v. Andover Police Patrolmen's Union, 696 N.E.2d 161 (Mass. App. Ct. 1998). · cites it 2× “Other *170 statutes, however, such as G. L. c. 41, §§ 97 and 97A, vest similar managerial authority in chiefs of police generally 5 ; and, while G.”

Labor Relations Comm'n v. Town of Natick, 339 N.E.2d 900 (Mass. 1976). “526 (1974), involving G. L. c. 41, § 97 (the so called “weak” chief law).”

Bd. of Selectmen v. Mun. Court, City of Boston, 418 N.E.2d 640 (Mass. App. Ct. 1981). “31, § 44, when it requires that “[i]f the court reverses the decision of the commission, the petitioner shall be reinstated in his position without loss of compensation” does not impose an obligation upon towns to pay more than the compensation fixed pursuant to G.”

Rochleau v. Town of Millbury, 115 F. Supp. 2d 173 (D. Mass. 2000). “The Town has adopted G.L. c. 41, § 97, the “weak police chief statute”, which provides that "[t]he selectmen may make suitable regulations governing the police department.”

Moloney v. Selectmen of Milford, 149 N.E. 317 (Mass. 1925). “The town of Milford has never accepted the provisions of G. L. c. 41, § 97, or corresponding provisions of the earlier statute touching the establishment of a police department.”

Meader v. Inhabitants of West Newbury, 152 N.E. 315 (Mass. 1926). “Although the town had not accepted the provisions of G. L. c. 41, § 97, the plaintiff contends that § 96 of the same chapter, which provides that “Selectmen may appoint police officers, who shall hold office during their pleasure,” authorizes the making of the contract in…”

Commonwealth v. Pelletier, 162 N.E. 308 (Mass. 1928). “41, § 98, are to be read in the *224 light of the mandate of G. L. c. 41, § 97, which states that police officers are to obey the orders of the chief of police, and proof of disobedience of the order was relevant upon the question of Pelletier’s motive or purpose in leaving the…”

Adams v. Selectmen of Northbridge, 149 N.E. 152 (Mass. 1925). · cites it 3× “591, §§ 22-26, nor of G. L. c. 41, § 97. Express enactment there is made to the effect that in towns which accept that law there shall be a police department established under the direction of the selectmen with a chief of police.”

Show all 21 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.