This month's Ask DLS features frequently asked questions on filling vacancies for boards of assessors, treasurers and accountants. Please let us know if you have other areas of interest or send a question to cityandtown@dor.state.ma.us. We would like to hear from you.
What happens when there is a vacancy in a town office?
There are two relevant statutes: G.L. c. 41, § 11 and G.L. c. 41, § 10.
What is the process for filling a vacancy for an elected member of the board of assessors?
The remaining members must give written notice of the vacancy to the selectboard within one month of the vacancy. After providing at least one week's notice of their intent to fill the vacancy, the selectboard and the remaining members of the board of assessors are to fill the vacancy by roll call vote. If the assessors fail to give the selectboard the required notice, then the selectboard alone shall appoint a person to serve until the next election. A majority of the officials entitled to vote shall be necessary to appoint. The replacement must be a registered voter in the town.
What is the process for filling a vacancy for an appointed member of the board of assessors?
If a vacancy were to occur in an appointed position, a new appointment could be made under the procedures described in G.L. c. 41, § 11. Additionally, it is recommended that communities consult with local counsel to review any charter provision or special act that might be applicable to ensure compliance with any other requirements.
What happens if there is a vacancy in the office of the treasurer?
Under G.L. c. 41, § 40, the selectboard shall in writing, appoint a temporary officer to hold the position and exercise the powers and perform the duties of the office until another is duly elected or appointed or the officer who vacated the seat returns and resumes their duties.
What happens if there is a vacancy in the office of the collector?
The provisions for filing a vacancy in the office of the collector in a city is outlined in G.L. 41, § 69A and in a town it is outlined in G.L. 41, § 40.
For cities, the mayor appoints a temporary officer until another is elected or appointed and is qualified according to the law or the officer who was disabled or incapacitated resumes their duties. The mayor may appoint a temporary officer without confirmation of city council. Any provisions in a city charter which are inconsistent with the statute are abrogated. Under this section, this temporary appointment cannot last longer than sixty days. If the temporary appointment fails to be sworn and give bond for the faithful performance of his duties within ten days of his appointment, the mayor shall rescind the appointment and appoint another.
For towns, the selectboard may in a writing signed by them, or by a majority, which shall be filed with the town clerk, appoint a temporary officer until another is elected or appointed and is qualified according to the law or the officer who was disabled or incapacitated resumes their duties. If the temporary appointment fails to be sworn and give bond for the faithful performance of their duties within ten days of his appointment, the selectmen shall rescind the appointment and appoint another.
In a city, can an assistant Collector act as the collector until a vacancy is filled?
Yes, but there are limitations under G.L. c. 41, § 39C. Assistant collectors can act for collectors during a vacancy but may not sign instruments of taking. The mayor makes the interim appointment; no confirmation vote is taken, and any provisions in a city charter which are inconsistent with the statute are null and void.
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Editor: Dan Bertrand
Editorial Board: Marcia Bohinc, Linda Bradley, Sean Cronin, Emily Izzo and Tony Rassias
| Date published: | August 15, 2024 |
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