Massachusetts General Laws
Chapter 31 - Civil Service
Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit

Section 8. An appointing authority, with the approval of the administrator, may promote an employee in the official service from one title to the next higher title in the same series in the same departmental unit, subject to the following requirements: (a) such employee shall have been employed in such unit in such lower title as a permanent employee for three years or longer immediately preceding the request for approval of such promotion; (b) such employee is the first, second, or third ranking employee in length of service in such departmental unit who is willing to accept the promotion; and (c) such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of the higher title; provided that an employee in a departmental unit of a city, town or district who has been employed in such unit in a lower title as a permanent employee for not less than one year next preceding the date of such request may be promoted to the next higher title in the same series if there is no other employee in such lower title or any other lower title in such series who has also been so employed, and if such employee shall demonstrate, by the passing of an examination prescribed by the administrator, that he possesses the qualifications and abilities necessary to perform the duties of such higher title. The relative ranking of titles as next higher or lower shall be determined by the administrator.
In case of promotional appointments of more than one employee, the appointing authority may select from among the same number of employees with the greatest length of service as the number provided in the civil service rules governing appointments to fill more than one vacancy.
The effective date of a promotional appointment made pursuant to this section shall be the date on which the person promoted assumes the duties of the higher title, as certified by the appointing authority, following the approval of the promotion by the administrator.
The provisions of this section may be utilized to make a temporary promotional appointment to fill a temporary vacancy in a permanent position if the administrator is satisfied that such vacancy is likely to become permanent within a reasonable period of time. If a person has received such a promotional appointment, the administrator, upon the request of the appointing authority, may approve such promotional appointment on a permanent basis when the position to which the temporary promotional appointment has been made becomes permanently vacated.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title IV - Civil Service, Retirements and Pensions

Chapter 31 - Civil Service

Section 1 - Definitions

Section 2 - Powers and Duties of Commission

Section 3 - Rules

Section 4 - New or Amended Rules; Hearings; Publication

Section 5 - Powers and Duties of Administrator

Section 6 - Appointments; Requisitions

Section 6a - Performance Evaluation System; Implementation

Section 6b - Weight of Performance Evaluation in Promotions

Section 6c - Employee Disagreement With Evaluation; Appeal

Section 7 - Promotional Appointments in Official Service

Section 8 - Promotional Appointments in Official Service Within Same Departmental Unit

Section 9 - Departmental Promotional Examinations

Section 10 - Alternate Departmental Promotional Examinations

Section 11 - Competitive Promotional Examinations

Section 12 - Provisional Appointments

Section 13 - Provisional Appointments; Notice; Filing

Section 14 - Provisional Appointments; Authorization; Reports; Length of Service; Termination

Section 15 - Provisional Promotions

Section 16 - Scope of Examinations; Marks; Appointments Based Solely on Training and Experience

Section 17 - Persons With Bachelor's Degrees; Examination; Eligible List; Certification

Section 18 - Notice of Examinations for Original Appointments; Posting

Section 19 - Notice of Examination for Promotional Appointments; Posting

Section 20 - Applications for Examination or Registration; Fees; Requests for Information

Section 21 - Educational and Physical Requirements; Eligibility Based on Gender

Section 22 - Passing Requirements of Examinations; Credits; Requests for Review

Section 23 - Review of Examination Papers; Errors

Section 24 - Appeals; Petitions

Section 25 - Eligible Lists; Certification; Refusal to Accept Employment

Section 26 - Order of Persons on Eligible Lists; Veteran's Preference; Disabled Veterans; Fire and Police Service

Section 27 - Appointment or Promotion; Manner of Selection

Section 28 - Labor Service Applicants; Eligibility; Age Limit; Veteran's Preference

Section 28a - Appointment of Apprentice Lineman; Age Restrictions

Section 29 - Labor Service Appointments; Promotional Bulletins

Section 30 - Promotional Appointments From Labor Service to Official Service

Section 31 - Emergency Appointments; Renewal

Section 32 - Emergency Appointments to Laborer Positions; Renewal

Section 33 - Seniority; Computing Length of Service

Section 34 - Probationary Periods

Section 35 - Transfers

Section 36 - Transfers From Official Service to Labor Service Positions

Section 37 - Leaves of Absence

Section 38 - Unauthorized Leaves of Absence; Reports; Separation From Employment; Review

Section 39 - Separation From Employment; Lack of Work or Money; Abolition of Position; Disability

Section 39a - Conditional Employees

Section 40 - Reemployment List

Section 41 - Discharge; Removal; Suspension; Transfer; Abolition of Office; Reduction of Rank or Pay; Hearings; Review

Section 41a - Discharge, Removal or Suspension; Hearing Before Disinterested Hearing Officer; Review

Section 42 - Complaints; Hearings; Jurisdiction; Filing of Civil Action

Section 43 - Hearings Before Commission

Section 44 - Judicial Review

Section 45 - Reimbursement for Defense Expenses

Section 46 - Reinstatement; Hearings

Section 47 - Blind Persons; Examinations; Temporary Appointment of Persons With an Intellectual Disability

Section 47a - Disadvantaged Persons; Certified Work-Training Programs; Examination; Eligible Lists; Appointment

Section 48 - Civil Service Offices and Positions; Exemptions

Section 48a - Career Management Service Program; Designation of Positions; Selection of Persons; Annual Listing; Performance Appraisal System

Section 49 - Students in Temporary Position Appropriate to Academic Interest; Appointments to Certain State Positions Subject to or Exempt From Civil Service Law; Confidential Employees

Section 50 - Persons Ineligible for Civil Service

Section 51 - Cities; Civil Service Offices and Positions

Section 52 - Towns; Civil Service Offices and Positions

Section 53 - Application of Chapter to Municipalities; School Districts; Elections

Section 54 - Petitions; Number of Signatures; Filing

Section 55 - Signatures to Petitions; Certification; Objections

Section 56 - Incumbents; Status; Seniority; Transfer of School Employees

Section 57 - Permanent Positions in City Labor Service; Removal of Intermittent Junior Building Custodians; Certification of Inspector of Wires

Section 58 - Municipal Police Officers and Firefighters; Qualification

Section 58a - Municipal Police Officers and Firefighters; Maximum Age Restrictions

Section 59 - Municipal Police Officers and Fire Fighters; Examinations; Appointments and Promotions

Section 60 - Intermittent or Reserve Police or Fire Forces; Appointments to Regular Force

Section 60a - Intermittent or Reserve Police or Fire Force Members; Effect of Refusals to Accept Employment on Permanent Basis in Regular Police or Fire Force

Section 61 - Municipal Police Officers or Fire Fighters; Probationary Periods; Evaluation

Section 61a - Police Officer and Firefighter Health and Physical Fitness Standards

Section 61b - Wellness Program for Police Officers and Firefighters

Section 62 - Punishment Duty; Police Officers or Fire Fighters

Section 62a - Punishment Duty; Police Officers or Firefighters Employed by Cities or Towns

Section 63 - Paraplegic Persons; Municipal Police or Fire Departments; Appointments

Section 64 - Massachusetts Bay Transportation Authority Police; Qualifications

Section 65 - Massachusetts Bay Transportation Authority Police; Appointments and Promotions; Probationary Periods; Evaluation

Section 66 - Labor Service Positions in Highways Department; Certification; Promotions; Districts

Section 67 - Annual List of Civil Service Employees; Posting; Enforcement; Penalties

Section 68 - Reports of Appointment, Promotion, Demotion, Leaves of Absence, Etc.

Section 69 - Reports of Appointment or Employment by Appointing Authority Upon Request; Enforcement; Penalties

Section 70 - Records; Examination Papers; Inspection; Destruction

Section 71 - Rosters of Positions; Filing; Use; Penalties

Section 72 - Investigations; Subpoenas; Summoning Witnesses, Etc.

Section 73 - Violations; Notice; Writs of Mandamus

Section 74 - Prohibited Activities; Penalties

Section 75 - Rights of Municipal Employees

Section 76 - Positions Subject to Federal Merit System Standards; Minimum Qualifications

Section 77 - Enforcement of Laws and Rules