Massachusetts General Laws

Mass. Gen. Laws ch. 43, § 52 (2026)

Appointments of employees by mayor without confirmation

✓ current as of July 2026

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Section 52. Upon the adoption of Plan A, all heads of departments and members of municipal boards, except the school committee, officials appointed by the governor, and assessors if elected by vote of the people, as their terms of office expire, shall be appointed by the mayor without confirmation by the city council.

Notes of Decisions

Cited in 4 cases, 1930–1982 · leading case: King v. Mayor of Quincy, 169 N.E. 894 (Mass. 1930).

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King v. Mayor of Quincy, 169 N.E. 894 (Mass. 1930). · cites it 2× “shall be appointed by the mayor without confirmation by the city council,” (G. L. c. 43, § 52) and may be removed by him.”

Kaczmarski v. Mayor of Springfield, 193 N.E.2d 574 (Mass. 1963). · cites it 2× “[T]he form of government under the plan adopted by the city shall supersede the provisions of its charter and of the general and special laws relating thereto and inconsistent herewith .”

Mayor of New Bedford v. City Council, 13 Mass. App. Ct. 251 (Mass. App. Ct. 1982). · cites it 2× “185, 187 (1930), the Supreme Judicial Court construed the term “heads of departments” within the meaning of G. L. c. 43, § 52, the section applicable to Plan A cities comparable to G.”

Montanari v. Dir. of Civil Serv., 254 N.E.2d 255 (Mass. 1969). “…which requires that “ all heads of departments” be appointed by the mayor without city council confirmation. G. L. c. 43, § 52.. '”

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