Section 46D Appointments to positions; promotions from positions classified under civil service provisions - Massachusetts Statutes

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 promoting employees of the commonwealth serving in positions assigned to the general salary schedule; and appointments to positions allocated to job groups M-V through M-XII, inclusive, in the management salary schedule shall be made by promoting managers of the commonwealth serving in positions allocated to job groups M-I through M-IV, inclusive, in the management salary schedule.

In every instance of a manager or employee so promoted from a position classified under chapter thirty-one of the General Laws or from a position in which at the time of promotion he shall have tenure by reason of section nine A of this chapter, upon termination of his service in the position to which he was so promoted, the manager or employee shall, if he so requests, be restored to the position from which he shall have been promoted, or to a position in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of the seniority, retirement and other rights to which uninterrupted service in such position would have entitled him; provided, however, that if his service in the position to which he was promoted shall have been terminated for cause, his right to be restored shall be determined by the civil service commission, in accordance with the standards applied by said commissioner in administering chapter thirty-one.