Massachusetts Statutes

Section 39J. Notwithstanding any contrary provision of any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public works by the commonwealth, or by any county, city, town, district, board, commission or other pu…

Section 39K. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount is more than five thousand do…

Section 39L. The commonwealth and every county, city, town, district, board, commission or other public body which, as the awarding authority, requests proposals, bids or sub-bids for any work in the construction, reconstruction, alteration, remodeling, repair or demolition of an…

Section 39M. (a) Every contract for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of any material, as hereinafter defined, by the commonwealth, or political subdivision thereof, or by any county, city, town, district or…

Section 39N. Every contract subject to section forty-four A of chapter one hundred and forty-nine or subject to section thirty-nine M of chapter thirty shall contain the following paragraph in its entirety and an awarding authority may adopt reasonable rules or regulations in con…

Section 39O. Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a suspension, delay, interrup…

Section 39P. Every contract subject to section thirty-nine M of this chapter or section forty-four A of chapter one hundred forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approv…

Section 39Q. (1) Every contract awarded by any state agency as defined by section thirty-nine A of chapter seven for the construction, reconstruction, alteration, remodeling, repair or demolition of any capital facility as defined by the aforesaid section thirty-nine A shall cont…

Section 39R. (a) The words defined herein shall have the meaning stated below whenever they appear in this section: (1) ''Contractor'' means any person, corporation, partnership, joint venture, sole proprietorship, or other entity awarded a contract pursuant to sections thirty-ei…

Section 39S. (a) As used in this section the word ''person'' shall mean any natural person, joint venture, partnership corporation or other business or legal entity. Any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, r…

Section 39T. Notwithstanding section 8 of chapter 268A, section 44F of chapter 149 or section 8 of chapter 149A, any agency of the commonwealth may, in the agency's discretion, implement a controlled insurance program on any single project or by pooling more than 1 project into a…

Section 4. A state department, board or commission shall, upon organizing, report its organization to the state secretary.

Section 40. Bonds given to the commonwealth, any county, city, town or political subdivision to secure the performance of contracts for the construction or repair of public buildings or other public works may be discharged or released by the awarding authority, upon such terms as…

Section 41. If sales of property of the commonwealth are made by any officer of a state institution, the superintendent thereof shall submit to the trustees or other supervising board or officer an itemized account, on oath, of such sales, for their approval in the same manner as…

Section 42. The state librarian, the attorney general, the state comptroller, the commissioner of administration, the supervisor of public records, the secretary of technology services and security and the chief of the archives division in the department of the state secretary, h…

Section 43. No person employed in any state department shall receive for his own use any fee for copying public records or documents, or for other services during office hours, but all fees therefor shall be paid to the commonwealth. Whoever violates this section shall be punishe…

Section 44. No officer or employee of the commonwealth shall act as agent or attorney of any person in a sale or conveyance of land to the commonwealth. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars and shall be d…

Section 44A. A commissioner or head of a state department having control of any land of the commonwealth may, in the name of the commonwealth and subject to the approval of the governor and council, sell and convey to any county, city or town, or transfer to the control of anothe…

Section 44B. A commissioner or head of a state department having control of any land, water, park, reservation, boulevard, parkway or highway of the commonwealth or of any metropolitan district may, in the name of the commonwealth, subject to such terms and conditions as he may d…

Section 45. The personnel administrator shall establish, administer and keep current and complete an office and position classification plan and a pay plan of the commonwealth. (1) In pursuance of such responsibility as to the said classification plan, the said administrator shal…

Section 46. (1) The following shall be the salary schedule for the pay plan of the commonwealth:—

Section 46C. (1) The following shall be the salary schedule for the management pay plan of the commonwealth: Except as otherwise provided by law all management positions shall be classified according to the provisions of section forty-five and allocated to a job group in the abov…

Section 46D. Whenever it is deemed practicable in the judgment of the appointing authority and with concurrence with the secretary, where applicable, appointments to positions allocated to job groups M–I through M–IV, inclusive, of the management salary schedule shall be made by …

Section 46E. Notwithstanding any provision of law to the contrary, after June twenty-seventh, nineteen hundred and eighty-one, no position allocated to job group M–V through job group M–XII, inclusive, of the management salary schedule provided in section forty-six C shall be cla…

Section 46F. Notwithstanding the provisions of sections nine A, nine B, and nine D of this chapter or any other provision of law, after June twenty-seventh, nineteen hundred and eighty-one, no person appointed to a position allocated to job group M–V through M–XII, inclusive, of …

Section 46G. Notwithstanding the provisions of section thirty B of chapter one hundred and forty-nine, no person who is the incumbent of a position allocated to job group M-IX through M-XII, inclusive, shall receive overtime compensation, and no person who is the incumbent of a p…

Section 46H. Notwithstanding any provision of law to the contrary, incumbents of positions allocated to the management salary schedule, shall be eligible for vacation, sick-leave, personal leave and other benefits, in accordance with rules and regulations established by the perso…

Section 46I. In addition to his other responsibilities and duties, the personnel administrator shall have the following duties and responsibilities: developing and maintaining information concerning occupational injuries sustained by employees entitled to compensation under the p…

Section 48. Incumbents of offices or positions classified under sections forty-five to fifty, inclusive, shall perform, so far as practicable, the duties prescribed for the respective classes, but said sections shall not limit or restrict administrative authorities in exercising …

Section 49. A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator. If the administrator finds that the office or position of the per…

Section 5. In all cases where a question arises between executive or administrative departments, or officers or boards thereof, as to their respective jurisdictions or powers, or where such departments, or officers or boards thereof, issue conflicting orders or make conflicting r…

Section 50. For the purposes of the classification authorized by section forty-five the words laborers, workmen and mechanics shall have the same meaning as in sections thirty to thirty-six, inclusive, of chapter one hundred and forty-nine; and sections forty-five to forty-nine, …

Section 51. All goods, supplies, equipment and services, except for legislative or military purposes, needed by the various executive and administrative departments and for other activities of the commonwealth shall be purchased by or under the direction of the operational servic…

Section 52. No goods, supplies, equipment or services, other than for legislative or military purposes, shall be purchased or contracted for by any state department, office or commission unless approved by the state purchasing agent as being in conformity with the rules, regulati…

Section 53. The personnel administrator shall make and from time to time may amend, subject to the approval of the commissioner of administration, rules and regulations providing informal procedure for the prompt disposition of any grievance of any employee of the commonwealth, o…

Section 57. The decision of the civil service commission shall be final and binding on all agents and agencies of the commonwealth; provided, however, that any such decision may have retroactive effect pursuant to the applicable provisions of section forty-nine and also pursuant …

Section 58. Any employee of the commonwealth eligible to receive workers' compensation under chapter one hundred and fifty-two who sustains injuries while in the employ of the commonwealth and who has sufficient sick leave credits accrued shall be granted leave of absence with pa…

Section 59. An officer or employee of the commonwealth, or of any department, board, commission or agency thereof, or of any authority created by the general court, may, during any period such officer or employee is under indictment for misconduct in such office or employment or …

Section 6. If, during the absence or disability of a commissioner or head of an executive or administrative department or of a director or head of a division in a department, his duties are not specially authorized by law to be performed by another person, the commissioner or hea…

Section 60. The personnel administrator shall cooperate with public and private colleges, universities and other institutions of higher education, which grant degrees and which provide facilities for educating students on the so-called ''co-operative plan'' of education whereby w…

Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to mi…

Section 62. For the purposes of sections 61 to 62L, inclusive, the following words shall have the following meanings unless the context otherwise requires:— ''Agency'', an agency, department, board, commission or authority of the commonwealth, and any authority of any political s…

Section 62A. A person applying or intending to apply to an agency for a permit or for financial assistance for a project may, at any time prior to, but, in any event, shall no later than ten days after filing the first application for such permit or assistance notify the secretar…

Section 62B. In the case of projects directly undertaken by an agency, the environmental impact report shall be prepared and submitted by the responsible agency. If two or more agencies are responsible, a joint report shall be prepared and submitted by the agency designated by th…

Section 62C. Any environmental impact report shall be submitted to the secretary of environmental affairs who shall issue public notice of the availability of such report. A reviewing agency or person, and any agency which has jurisdiction by law or special expertise with respect…