Number 17 November 6, 1973

Number 17 November 6, 1973 Honorable Edward Powers Director of Civil Service 294 Washington Street Boston, Massachusetts 02108 Dear Mr. Powers: Your predecessor requested my opinion whether the position of Town Accountant of the Town of Methuen is subject to the operation of the Civil Service Law and Rules. On March 15, 1944, when the Town of Methuen was a town, it ac- cepted c. 31, pursuant to § 47 thereof. In a "town," the position of Town Accountant is subject to the Civil Service Law and Rules under G. L. c. 41, § 55, third sentence. However, in 1972 the Town of Methuen adopted a new Charter. I have previously determined that the Town of Methuen is a city by reason of the applicable provisions of its new Charter. See my letter dated December 6, 1971, to Kenneth H. Pollard, Chairman of the P.D. 12 77 Methuen Charter Commission, relating to the preliminary draft of the Charter. The final draft calls for a town government having a town council of 21 members and a town administrator, as in the preliminary draft, and my conclusion that the Town of Methuen is a "city" remains the same. General Laws, c. 31 provides, in relevant part, as follows: "§5. No rule made by the commission shall apply to the selection or ap- pointment of any of the following: — ** ** * Officers whose appointment or election if by a city council, or subject to its confirmation, except those expressly made subject to this chapter by statute . . ." "§47. . . . This chapter shall be in force in all cities of the com- monwealth of less than one hundred thousand inhabitants with respect to the official service ..." According to the last census in 1971, the population of the Town of Methuen is 35,081. Section 2-8 of the Methuen Charter provides in part: "(a) Town Accountant — As soon as practicable after the council has been organized, the town council shall elect by ballot or otherwise a town accountant to hold office for the term of two years and until his successor is qualified ..." The position of Town Accountant is in the "official service." Accord- ingly, the position is exempt from civil service, and it is not necessary for the Town of Methuen to act under St. 1973, c. 420 in order to for- malize that exemption. In view of the foregoing analysis, it is unnecessary to speculate what effect the attainment of the status of a city by the Town of Methuen had on its prior acceptance of Chapter 31 when it was a town, since by vir- tue of § 47 it is subject to Chapter 31, and the position of Town Accoun- tant is expressly excepted under § 5. Very truly yours, ROBERT H. QUINN Attorney General 78 P.D. 12