Mass. Gen. Laws » Part I Title VII Chapter 44
Massachusetts General Laws

Mass. Gen. Laws ch. 44, § 33B (2026)

Transfer of appropriations; restrictions

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 33B. (a) On recommendation of the mayor, the city council may, by majority vote, transfer any amount appropriated for the use of any department to another appropriation for the same department. In addition, the city council may, by majority vote, on recommendation of the mayor, transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year, to apply to the previous fiscal year, any amount appropriated, other than for the use of a municipal light department or a school department, to any other appropriation. Except as provided in the preceding sentence, no transfer shall be made of any amount appropriated for the use of any city department to the appropriation for any other department except by a 2/3 vote of the city council on recommendation of the mayor and with the written approval of the amount of the transfer by the department having control of the appropriation from which the transfer is proposed to be made. No transfer involving a municipal light department or a school department shall be made under the previous sentence without the approval of the amount of the transfer by a vote of the municipal light department board or by a vote of the school committee, respectively.

(b) A town may, by majority vote at any meeting duly held, transfer any amount previously appropriated to any other use authorized by law. Alternatively, the selectmen, with the concurrence of the finance committee or other entity established under section 16 of chapter 39, may transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year to apply to the previous fiscal year, any amount appropriated, other than for the use of a municipal light department or a school department, to any other appropriation.

(c) No approval other than that expressly provided in this section shall be required for any transfer under this section.

Notes of Decisions
Cited in 4 cases, 1962–2006 · leading case: City of Somerville v. Somerville Mun. Employees Ass'n, 633 N.E.2d 1047 (Mass. 1994).
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City of Somerville v. Somerville Mun. Employees Ass'n, 633 N.E.2d 1047 (Mass. 1994). “See G. L. c. 44, § 33B (1992 ed.). Thus, mayors do not have the same unrestricted .”
Minnie v. City of Chicopee, 184 N.E.2d 325 (Mass. 1962). “If this order was necessary to appropriate funds sufficient to meet the increases in salary made by the acceptance of § 108E, and if the transfer of funds could not be accomplished without such an order, the order did not satisfy G. L. c. 44, § 33B (as amended through St.”
Carter v. Town of Douglas, 12 Mass. L. Rptr. 584 (Mass. Super. Ct. 2001). · cites it 4× “Validity of the Vote Pursuant to G.L.c. 44, §33B The Town also relies upon G.”
Southbridge Sch. Comm. v. Southbridge Town Council, 20 Mass. L. Rptr. 589 (Mass. Super. Ct. 2006). “5, the Committee argues that G.L.c. 44, §33B requires a vote of a Town meeting to withdraw appropriated funds.”
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