Massachusetts General Laws

Mass. Gen. Laws ch. 44, § 33A (2026)

Salary provisions in budget; requirements and limitations

✓ current as of July 2026

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Section 33A. The annual budget shall include sums sufficient to pay the salaries of officers and employees fixed by law or by ordinance. Notwithstanding any contrary provision of any city charter, no ordinance providing for an increase in the salaries or wages of municipal officers or employees shall be enacted except by a two thirds vote of the city council, nor unless it is to be operative for more than three months during the calendar year in which it is passed. No new position shall be created or increase in rate made by ordinance, vote or appointment during the financial year subsequent to the submission of the annual budget unless provision therefor has been made by means of a supplemental appropriation. No ordinance, vote or appointment creating a new position in any year in which a municipal election is held shall be valid and effective unless said ordinance, vote or appointment is operative for more than three months during said municipal election year.

Notes of Decisions

Cited in 14 cases, 1959–1983 · leading case: Mendes v. City of Taunton, 315 N.E.2d 865 (Mass. 1974).

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Mendes v. City of Taunton, 315 N.E.2d 865 (Mass. 1974). · cites it 9× “What is essentially at issue in each of the cases is the interrelation between one section of the municipal finance law, G. L. c. 44, § 33A, 2 and the municipal employees collective bargaining law, G.”

Boston Teachers Union v. Sch. Comm., 434 N.E.2d 1258 (Mass. 1982). · cites it 2× “In Mendes , the Appeals Court had in an earlier decision held that G. L. c. 44, § 33A, rendered ineffective the salary increases in the second year of the agreements.”

Mendes v. City of Taunton, 301 N.E.2d 580 (Mass. App. Ct. 1973). · cites it 12× “A decree was entered in each declaring, among other things, that the collective bargaining agreements were "in direct conflict with G.L.c. 44, § 33A, [4] insofar as they relate to wages," and that *488 "[t]he city ordinances of 1971, purporting to implement the collective…”

Brucato v. City of Lawrence, 156 N.E.2d 676 (Mass. 1959). · cites it 2× “The city auditor disallowed payment of any increase in salary to the employees of the welfare department on the ground that he believed “payment would be a violation of” G. L. c. 44, § 33A (as amended through St.”

Morra v. City Clerk of New Bedford, 163 N.E.2d 268 (Mass. 1960). · cites it 4× “The city council of New Bedford on December 15, 1958, in a year “other than a regular municipal election year” (G. L. c. 44, § 33A, as amended through St.”

Doherty v. Mayor of Everett, 431 N.E.2d 263 (Mass. App. Ct. 1982). · cites it 4× “He has refused to make an appropriation recommendation to fund the incentive payment program, claiming defects in the acceptance of the incentive plan and failure to comply with G. L. c. 44, § 33A. The plaintiff, a police officer in Everett, complains, on behalf of himself and…”

Cnty. of Suffolk v. Labor Relations Comm'n, 444 N.E.2d 953 (Mass. App. Ct. 1983). “We regard the inclusion of G. L. c. 44, § 33A, in (f) of G. L. c. 150E, § 7(d), as persuasive evidence that the Legislature did not intend that any of the other provisions of the Municipal Finance Act (G.”

Oleksak v. City of Westfield, 172 N.E.2d 85 (Mass. 1961). “621 (which was substantially similar to § 108E), by adding a reference to G. L. c. 44, § 33A, to the “Notwithstanding” clause.”

Whalen v. City of Holyoke, 434 N.E.2d 650 (Mass. App. Ct. 1982). “By its express terms § 22 underscored the importance of the mayor’s role in formulating and putting a cap on city expenditures and extinguished the force of any contrary city charter provisions.”

Minnie v. City of Chicopee, 184 N.E.2d 325 (Mass. 1962). “See G. L. c. 44, § 33A (as amended through St.”

Councillors of Brockton v. Gildea, 180 N.E.2d 77 (Mass. 1962). “The provisions for adoption of a budget (G. L. c. 44, § 33A, first sentence) con *634 template prior action, independent of the consideration of the budget, fixing the salaries therein provided for.”

Davis v. Town of Wareham, 400 N.E.2d 869 (Mass. App. Ct. 1980). · cites it 2× “We reject the plaintiff’s contention that G. L. c. 44, § 33A, as amended through St.”

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