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Full text of "Acts and Resolves Passed by the General Court of Massachusetts, in the year 2010 (Vol. 1)"

ACTS 

AND 

RESOLVES 

PASSED BY THE 

General Court of Massachusetts 

IN THE YEAR 



2010 



VOLUME I 



PUBLISHED BY 

William Francis Galvin 

SECRETARY OF THE COMMONWEALTH 




The General Court, which was chosen November 4, 2008, assembled on Wednesday, 
the sixth day of January 2010 for the second session. 

His Excellency Deval L. Patrick and the Honorable Timothy P. Murray served as 
Governor and Lieutenant Governor respectively for the political year of 2010. 



2010 ACTS AND RESOLVES 
TABLE OF CONTENTS 



ACTS 1 

RESOLVES 1484 

SUMMARY OF ACTS AND RESOLVES APPROVED, APPROVAL 

WITHHELD, AN ACT DECLARED EMERGENCY LAW BY 

THE GOVERNOR UNDER THE AUTHORITY OF THE 

CONSTITUTION AND A LAW ENACTED BY THE PEOPLE AT 

THE NOVEMBER 2, 2010 STATE ELECTION 1487 

CERTIFICATION OF ACTS AND RESOLVES 1488 

TABLE OF CHANGES 1489 

INDEX 1557 



Published by William Francis Galvin 
Secretary of the Commonwealth 



11 



Chapter 1. AN ACT VALIDATING THE ACTIONS TAKEN AT THE ANNUAL 
TOWN ELECTION HELD IN THE TOWN OF PLYMPTON. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 10 of chapter 39 and section 64 of chapter 
54 of the General Laws or any other general or special law to the contrary, the votes taken 
by the town of Plympton at its annual town election held on May 1 6, 2009 and all actions 
taken pursuant thereto, are hereby ratified, validated and confirmed, notwithstanding any 
defect or omission with regard to the warrant for the election as it relates to the office of 
school committee member for a term of 1 year. 

SECTION 2. This act shall take effect upon its passage. 

Approved January 10, 2010. 



Chapter 2. AN ACT INCREASING THE MEMBERSHIP OF THE BOARD OF 
SELECTMEN IN THE TOWN OF HAMILTON 

Be it enacted, etc., as follows: 

SECTION 1. The number of members of the board of selectmen of the town of 
Hamilton shall be increased to 5 . Each selectman shall serve for a 3 -year term with not more 
than 2 selectmen' s terms to run concurrently. Notwithstanding the preceding sentence, at the 
next annual town election following at least 65 days after the effective date of this act, 1 
additional member shall be elected to an initial 2-year term and 1 additional member shall 
be elected to a 3 -year term. Nothing in this act shall affect the terms of those members 
serving as selectmen on the effective date of this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved January 10, 2010. 



Chapter 3. AN ACT VALIDATING A CERTAIN ELECTION IN THE TOWN OF 
CONCORD. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 64 of chapter 54 of the General Laws or any 
other general or special law or by-law to the contrary, all votes cast by the voters of the town 
of Concord at the annual town election held on March 3 1 , 2009 and all actions taken 
pursuant thereto, are hereby ratified, validated and confirmed in all respects, notwithstanding 
any defects or omissions with regard to the warrant for said election. 



Chap. 3 



SECTION 2. This act shall take effect upon its passage. 

Approved January 10, 2010. 



Chapter 4. AN ACT AUTHORIZING THE TOWN OF LINCOLN TO PLACE A 
CERTAIN QUESTION RELATIVE TO THE SALE OF WINES AND 
MALT BEVERAGES ON THE TOWN'S ELECTION BALLOT. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 1 1 or section 1 7 of chapter 138 of the General 
Laws or any other general or special law to the contrary, the board of selectmen of the town 
of Lincoln shall cause to be placed on the official ballot at a regular or special town election 
the following question: - 

"Shall the board of selectmen be authorized to grant a license for the sale of wines 
and malt beverages not to be drunk on the premises?" 

If a majority of the votes cast in answer to that question is in the affirmative, the town 
shall be taken to have authorized the granting of a license in the town for the sale of wines 
and malt beverages not to be drunk on the premises. The license shall be subject to all other 
provisions of said chapter 138. 

SECTION 2. The board of selectmen may direct the town counsel to draft a 
summary of the question, which shall be placed on the ballot with the question. 

SECTION 3. This act shall take effect upon its passage. 

Approved January 12, 2010. 



Chapter 5. AN ACT AUTHORIZING THE TOWN OF WINCHESTER TO 
GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINES 
AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 1 7 of chapter 138 of the General Laws or any 
other general or special law to the contrary, the licensing authority of the town of Winchester 
may grant an additional license for the sale of wines and malt beverages to be drunk on the 
premises under section 12 of said chapter 138 to East Moon, Inc., d/b/a Sakura Japanese 
Restaurant located at 910 Main street in the town of Winchester; provided, however, that the 
restaurant shall have a seating capacity of 24 or more seats. Said license shall be subject to 
all of said chapter 138 except said section 17. 



Chap. 5 

The licensing authority shall not approve the transfer of the license to any other 
location but it may grant the license to a new applicant at the same location if the applicant 
files with the authority a letter from the department of revenue indicating that the license is 
in good standing with the department and that all applicable taxes have been paid. 

If the license granted under this act is cancelled, revoked or no longer in use, it shall 
be returned physically with all of the legal rights, privileges and restrictions pertaining 
thereto to the licensing authority which may then grant the license to a new applicant at the 
same location and under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved January 12, 2010. 



Chapter 6. AN ACT RELATIVE TO PERSONNEL BY-LAWS IN THE TOWN OF 
STONEHAM. 

Be it enacted, etc., as follows: 

The first sentence of paragraph (c) of section 10 of chapter 26 of the acts of 1981, as 
most recently amended by section 3 of chapter 296 of the acts of 1994, is hereby further 
amended by striking out the words ", which shall be updated biennially". 

Approved January 12, 2010. 



Chapter 7. AN ACT RELATIVE TO REAL ESTATE TAXES IN THE TOWN OF 
WAYLAND. 

Be it enacted, etc., as follows: 

Chapter 161 of the acts of 2000 is hereby amended by striking out all after the 
enacting clause and inserting in place thereof the following text:- 

The town of Wayland may appropriate monies for and grant property tax rebates in 
an amount not to exceed annually the amount of the income tax credit set forth in paragraph 
(2) of subsection (k) of section 6 of chapter 62 of the General Laws to persons who qualify 
for a credit on their Massachusetts income tax under said subsection (k). 

Approved January 12,2010. 



Chapter 8. AN ACT RELATIVE TO THE NANTUCKET HISTORIC DISTRICT 
COMMISSION. 

Be it enacted, etc., as follows: 

SECTION 1. Section 8 of chapter 395 of the acts of 1970, as amended by section 
3 of chapter 735 of the acts of 1987, is hereby further amended by striking ojut the first 2 
sentences and inserting in place thereof the following 2 sentences:- The Historic District 
Commission shall elect its chairman and vice-chairman. The commission shall meet within 
10 days of the receipt of an application for a certificate of appropriateness or permit for 
removal and at such other times as the commission may determine, or upon the call of the 
chairman or of any 2 members. 

SECTION 2. This act shall take effect upon its passage. 

Approved January 14, 2010. 



Chapter 9. AN ACT RELATIVE TO TOWN MEETINGS IN THE TOWN OF 
FRAMINGHAM. 

Be it enacted, etc., as follows: 

Section 6 of chapter 143 of the acts of 1949 is hereby amended by striking out the 
first sentence and inserting in place thereof the following sentence:- The board of selectmen 
shall notify the town meeting members of the time and place at which town meetings are to 
be held, the notices to be sent out at least 14 days before the meeting. 

Approved January 14, 2010. 



Chapter 10. AN ACT AUTHORIZING THE CITY OF NEWTON RETIREMENT 
BOARD TO GRANT A SUPERANNUATION RETIREMENT 
ALLOWANCE TO FRANK ALBANO. 

Be it enacted, etc., as follows: 

The Newton retirement board may grant Frank Albano a superannuation retirement 
allowance in accordance with section 5 of chapter 32 of the General Laws notwithstanding 
Frank Albano 's failure to complete 2 consecutive years of employment as required by 
paragraph (e) of subdivision (6) of section 3 of chapter 32 of the General Laws or any other 
general or special law, rule or regulation to the contrary. 

Approved January 14, 2010. 



Chapter 11. AN ACT INCREASING THE PENSION BENEFITS PAYABLE TO 
AQUINNAH SARAH BURGESS BY THE ATTLEBORO 
RETIREMENT SYSTEM. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary the 
Attleboro retirement board shall pay to Aquinnah Sarah Burgess, the daughter of Jeffrey 
Burgess, who died in the performance of his duties as an employee of the water department 
of the city of Attleboro, a survivor's accidental death benefit from the date of his death under 
section 9 of chapter 32 of the General Laws which shall consist of a yearly allowance equal 
to the annual rate of regular compensation which would have been payable to Jeffrey Burgess 
had he continued in the service of the city of Attleboro at a grade held by him at the time of 
his death. The accidental death benefit allowance shall terminate either when Aquinnah 
Sarah Burgess reaches the age of 23 or the date of her death, whichever occurs sooner. The 
accidental death benefit shall be processed and paid through the Attleboro contributory 
retirement system in the ordinary course. The payment of the benefit shall be diminished by 
the amounts payable to the dependents of said Jeffrey Burgess under section 31 of chapter 
152 of the General Laws. 

SECTION 2. Aquinnah Sarah Burgess shall be eligible for individual health and 
dental insurance available to employees of the city of Attleboro under chapter 32B of the 
General Laws; provided, however, payments on her behalf are received in the amount of 
one-half of the premium for such insurance. The eligibility for health and dental insurance 
shall terminate either when Aquinnah Sarah Burgess reaches the age of 23 or the date of her 
death whichever occurs first. 

The foregoing was laid before the Governor on the seventh day of January, 2010 and 
after ten days has the force of law as prescribed by the Constitution as it was not returned 
by him to the branch in which it originated with his objections thereto within that time. 



Chapter 12. AN ACT RELATIVE TO THE ACHIEVEMENT GAP. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith innovation into school districts and turnaround underperforming 
schools, therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 7 of the General Laws is hereby amended by striking out 
section 22A, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section:- 



Chap. 12 

Section 22 A. Notwithstanding any general or special law relating to collective 
purchasing, but subject to all other laws regulating public purchases and competitive bidding, 
the commonwealth and 1 or more of its cities, towns, districts, counties, authorities or 
commonwealth or Horace Mann charter schools, or 2 or more cities, towns, districts, 
counties, authorities or commonwealth or Horace Mann charter schools, hereinafter called 
political subdivisions, may make purchases of materials, supplies, equipment or services 
through the state purchasing agent subject to such rules, regulations and procedures as may 
be established from time to time by the purchasing agent; provided, however, that the 
political subdivision shall accept sole responsibility for any payment due the vendor for its 
share of such purchase. 

SECTION 2. Chapter 40 of the General Laws is hereby amended by striking out 
section 4E, as so appearing, and inserting in place thereof the following section:- 

Section 4E. Two or more school committees of cities, towns and regional school 
districts and boards of trustees of charter schools may enter into a written agreement to 
conduct education programs and services which shall complement and strengthen the school 
programs of member school committees and charter schools and increase educational 
opportunities for children. The school committees and boards of trustees of charter schools 
shall collaborate to offer the programs and services; provided, however, the association of 
school committees and board of trustees of charter schools which is formed to deliver the 
programs and services shall be known as an education collaborative. 

The education collaborative shall be managed by a board of directors which shall be 
comprised of 1 person appointed by each member school committee and 1 person appointed 
by each member charter board of trustees. All appointed persons shall be either a school 
committee member or his designee, the superintendent of schools or his designee or a 
member of the charter board of trustees. Members of the board of directors shall be entitled 
to a vote according to the terms of the education collaborative agreement. The department 
of education shall appoint an individual to serve in an advisory capacity to the education 
collaborative board of directors. The individual shall not be entitled to vote on any matter 
which comes before the board of directors of the education collaborative. 

The written agreement which shall form the basis of the education collaborative shall 
set forth the purposes of the program or service, the financial terms and conditions of 
membership of the education collaborative, the method of termination of the education 
collaborative and of the withdrawal of member school committees and charter schools, the 
procedure for admitting new members and for amending the collaborative agreement, the 
powers and duties of the board of directors of the education collaborative to operate and 
manage the education collaborative and any other matter not incompatible with law which 
the member committees and charter schools consider advisable. The agreement shall be 
subject to the approval of the member school committees and the commissioner of education. 

Each board of directors of an education collaborative shall establish and manage a 
trust fund, to be known as an Education Collaborative Trust Fund, and each such fund shall 



Chap. 12 

be designated by an appropriate name. All monies contributed by the member municipalities 
and charter schools and all grants or gifts from the federal government, state government, 
charitable foundations, private corporations or any other source shall be paid to the board of 
directors of the education collaborative and deposited in the fund. 

The board of directors of the education collaborative shall appoint a treasurer who 
may be a treasurer of a city, town or regional school district belonging to the collaborative. 
The treasurer may, subject to the direction of the board of directors of the education 
collaborative, receive and disburse all monies of the trust fund without further appropriation. 
The treasurer shall give bond annually for the faithful performance of his duties as 
collaborative treasurer in a form approved by the department of revenue and in the sum, not 
less than the amount established by the department, as shall be fixed by the board of directors 
of the education collaborative. The board of directors of the education collaborative in its 
discretion may pay compensation to the treasurer for his services. No member of the board 
of directors of the education collaborative shall be eligible to serve as treasurer of the 
collaborative. 

The treasurer of the education collaborative board of directors shall have the authority 
to make appropriate investments of the monies of the Education Collaborative Trust Fund 
consistent with section 54 of chapter 44. 

The board of directors of an educational collaborative may borrow money, enter into 
long-term or short-term loan agreements or mortgages and apply for state, federal or 
corporate grants or contracts to obtain funds necessary to carry out the purpose for which 
such collaborative is established; provided, however, that the board of directors has 
determined that any borrowing, loan or mortgage is cost-effective and in the best interest of 
the collaborative and its member municipalities and charter schools. The borrowing, loans 
or mortgages shall be consistent with the written agreement and articles of incorporation, if 
any, of the educational collaborative and shall be consistent with standard lending practices. 

The board of directors of the education collaborative may employ an executive officer 
who shall serve under the general direction of the board and who shall be responsible for the 
care and supervision of the education collaborative. 

The board of directors of the education collaborative shall be considered to be a 
public employer and have the authority to employ personnel, including teachers, to carry out 
the purposes and functions of the education collaborative. No person shall be eligible for 
employment by the board of directors as an instructor of children with severe special needs, 
teacher of children with special needs, teacher, guidance counselor or school psychologist 
unless the person has been granted a certificate by the board of education under section 38G 
of chapter 71 or section 6 of chapter 71 A or an approval under the regulations promulgated 
by the board of education under chapter 7 1 B or chapter 74 with respect to the type of position 
for which he seeks employment; provided, however, that nothing herein shall be construed 
to prevent a board of directors of an education collaborative from prescribing additional 
qualifications. A board of directors of an education collaborative may, upon its request, be 



Chap. 12 

exempted by the board of education for any 1 school year from the requirements of this 
section to employ certified or approved personnel when compliance therewith would in the 
opinion of the board constitute a great hardship. 

The education collaborative shall be considered to be a public entity and shall have 
standing to sue and be sued to the same extent as a city, town or regional school district. An 
education collaborative, acting through its board of directors, may enter into contracts for the 
purchase of supplies, materials and services and for the purchase or leasing of land, buildings 
and equipment as considered necessary by the board of directors. 

A school committee of a city, town or regional school district or board of trustees of 
a charter school may authorize the prepayment of monies for an educational program or 
service of the education collaborative to the treasurer of an education collaborative, and the 
city, town or regional school district or charter school treasurer shall be required to approve 
and pay the monies in accordance with the authorization of the school committee or board 
of trustees. 

SECTION 3. Chapter 69 of the General Laws is hereby amended by striking out 
sections 1 J and IK, as so appearing, and inserting in place thereof the following 2 sections :- 

Section 1 J. (a) The commissioner of elementary and secondary education may, on 
the basis of student performance data collected pursuant to section II, a school or district 
review performed under section 55 A of chapter 15, or regulations adopted by the board of 
elementary and secondary education, designate 1 or more schools in a school district other 
than a Horace Mann charter school as underperforming or chronically underperforming. The 
board shall adopt regulations establishing standards for the commissioner to make such 
designations on the basis of data collected pursuant to section II or information from a 
school or district review performed under section 55 A of chapter 1 5 . Upon the release of the 
proposed regulations, the board shall file a copy thereof with the clerks of the house of 
representatives and the senate who shall forward the regulations to the joint committee on 
education. Within 30 days of the filing, the committee may hold a public hearing and issue 
a report on the regulations and file the report with the board. The board, pursuant to 
applicable law, may adopt final regulations making revisions to the proposed regulations as 
it deems appropriate after consideration of the report and shall forthwith file a copy of the 
regulations with the chairpersons of the joint committee on education and, not earlier than 
30 days of the filing, the board shall file the final regulations with the state secretary. 
Schools that score in the lowest 20 per cent statewide among schools serving common grade 
levels on a single measure developed by the department that takes into account student 
performance data and, beginning on July 1, 2011, improvement in student academic 
performance, shall be deemed eligible for designation as underperforming or chronically 
underperforming. Not more than 4 per cent of the total number of public schools may be 
designated as underperforming or chronically underperforming at any given time. 

In adopting regulations allowing the commissioner to designate a school as 
underperforming or chronically underperforming, the board shall ensure that such regulations 



Chap. 12 

take into account multiple indicators of school quality in making determinations regarding 
underperformance or chronic underperformance, such as student attendance, dismissal rates 
and exclusion rates, promotion rates, graduation rates or the lack of demonstrated significant 
improvement for 2 or more consecutive years in core academic subjects, either in the 
aggregate or among subgroups of students, including designations based special education, 
low-income, English language proficiency and racial classifications. 

Before a school is designated chronically underperforming by the commissioner, a 
school must be designated underperforming and fail to improve. 

An underperforming or chronically underperforming school described in the 
following subsections shall operate in accordance with laws regulating other public schools, 
except as such provisions may conflict with this section or any turnaround plans created 
thereunder. A student who is enrolled in a school at the time it is designated as 
underperforming or chronically underperforming shall retain the ability to remain enrolled 
in the school while remaining a resident of the district if the student chooses to do so. 

(b) Upon the designation of a school as an underperforming school in accordance 
with regulations developed pursuant to this section, the superintendent of the district, with 
approval by the commissioner, shall create a turnaround plan for the school, under 
subsections (b) to (e), inclusive. The commissioner may allow for an expedited turnaround 
plan for schools that have been previously designated as underperforming and where the 
district has a turnaround plan that has had a public comment period and approval of the local 
school committee. 

Before the superintendent creates the turnaround plan required in this subsection, the 
superintendent shall convene a local stakeholder group of not more than 13 individuals, for 
the purpose of soliciting recommendations on the content of such plan to maximize the rapid 
academic achievement of students at the school. The superintendent shall provide due 
consideration to the recommendations of the stakeholder group. The group shall include: (1 ) 
the commissioner, or a designee; (2) the chair of the school committee, or a designee; (3) the 
president of the local teacher's union, or a designee; (4) an administrator from the school, 
who may be the principal, chosen by the superintendent; (5) a teacher from the school chosen 
by the faculty of the school; (6) a parent from the school chosen by the local parent 
organization; (7) representatives of applicable state and local social service, health and child 
welfare agencies, chosen by the superintendent; (8) as appropriate, representatives of state 
and local workforce development agencies, chosen by the superintendent; (9) for elementary 
schools, a representative of an early education and care provider chosen by the commissioner 
of the department of early education and care and, for middle schools or high schools, a 
representative of the higher education community selected by the secretary; and (10) a 
member of the community appointed by the chief executive of the city or town. If the school 
or district does not have a parent organization or if the organization does not select a parent, 
the superintendent shall select a volunteer parent of a student from the school. The 
superintendent shall convene such group within 30 days of the commissioner designating a 



Chap. 12 

school as underperforming and the group shall make its recommendations to the 
superintendent within 45 days of its initial meeting. Meetings of the local stakeholder group 
shall be open to the public and the recommendations submitted to the superintendent under 
this subsection shall be publicly available immediately upon their submission. 

(c) In creating the turnaround plan in subsection (b) the superintendent shall include, 
after considering the recommendations of the local stakeholder group, provisions intended 
to maximize the rapid academic achievement of students at the school and shall, to the extent 
practicable, base the plan on student outcome data, including, but not limited to: (1) data 
collected pursuant to section II or information from a school or district review performed 
under section 55 A of chapter 15; (2) student achievement on the Massachusetts 
Comprehensive Assessment System; (3) other measures of student achievement, approved 
by the commissioner; (4) student promotion and graduation rates; (5) achievement data for 
different subgroups of students, including low-income students as defined in chapter 70, 
limited English-proficient students and students receiving special education; and (6) student 
attendance, dismissal rates and exclusion rates. 

The superintendent shall also include in the creation of the turnaround plan, after 
considering the recommendations of the local stakeholder group, the following: (1) steps to 
address social service and health needs of students at the school and their families, to help 
students arrive and remain at school ready to learn; provided, however, that this may include 
mental health and substance abuse screening; (2) steps to improve or expand child welfare 
services and, as appropriate, law enforcement services in the school community, in order to 
promote a safe and secure learning environment; (3) steps to improve workforce 
development services provided to students and their families at the school, to provide 
students and families with meaningful employment skills and opportunities; (4) steps to 
address achievement gaps for limited English-proficient, special education and low-income 
students; and (5) alternative English language learning programs for limited English 
proficient students, notwithstanding chapter 71 A; and (6) a financial plan for the school, 
including any additional funds to be provided by the district, commonwealth, federal 
government or other sources. 

The secretaries of health and human services, labor and workforce development, 
public safety and other applicable state and local social service, health and child welfare 
officials shall coordinate with the superintendent regarding the implementation of strategies 
under clauses (1) to (3), inclusive, of the second paragraph that are included in a final 
turnaround plan and shall, subject to appropriation, reasonably support such implementation 
consistent with the requirements of state and federal law applicable to the relevant programs 
that each such official is responsible for administering. The secretary of education and the 
commissioner of elementary and secondary education shall assist the superintendent in 
facilitating the coordination. 

To assess the school across multiple measures of school performance and student 
success, the turnaround plan shall include measurable annual goals including, but not limited 



10 



Chap. 12 

to: (1) student attendance, dismissal rates and exclusion rates; (2) student safety and 
discipline; (3) student promotion and graduation and dropout rates; (4) student achievement 
on the Massachusetts Comprehensive Assessment System; (5) progress in areas of academic 
underperformance; (6) progress among subgroups of students, including low-income students 
as defined by chapter 70, limited English-proficient students and students receiving special 
education; (7) reduction of achievement gaps among different groups of students; (8) student 
acquisition and mastery of twenty-first century skills; (9) development of college readiness, 
including at the elementary and middle school levels; (10) parent and family engagement; 
(11) building a culture of academic success among students; (12) building a culture of 
student support and success among school faculty and staff and; (13) developmentally 
appropriate child assessments from pre-kindergarten through third grade, if applicable. 

(d) Notwithstanding any general or special law to the contrary, in creating the 
turnaround plan required in subsection (b), the superintendent may, after considering the 
recommendations of the group of stakeholders: (1) expand, alter or replace the curriculum 
and program offerings of the school, including the implementation of research-based early 
literacy programs, early interventions for struggling readers and the teaching of advanced 
placement courses or other rigorous nationally or internationally recognized courses, if the 
school does not already have such programs or courses; (2) reallocate the uses of the existing 
budget of the school; (3) provide additional funds to the school from the budget of the 
district, if the school does not already receive funding from the district at least equal to the 
average per pupil funding received for students of the same classification and grade level in 
the district; (4) provide funds, subject to appropriation and following consultation with 
applicable local unions, to increase the salary of any administrator, or teacher in the school, 
to attract or retain highly-qualified administrators, or teachers or to reward administrators, 
or teachers who work in underperforming schools that achieve the annual goals set forth in 
the turnaround plan; (5) expand the school day or school year or both of the school; (6) for 
an elementary school, add pre-kindergarten and full-day kindergarten classes, if the school 
does not already have such classes; (7) following consultation with applicable local unions, 
require the principal and all administrators, teachers and staff to reapply for their positions 
in the school, with full discretion vested in the superintendent regarding his consideration of 
and decisions on rehiring based on the reapplications. (8) limit, suspend or change 1 or more 
provisions of any contract or collective bargaining agreement, as the contract or agreement 
applies to the school; provided, that the superintendent shall not reduce the compensation of 
an administrator, teacher or staff member unless the hours of the person are proportionately 
reduced; (9) limit, suspend or change 1 or more school district policies or practices, as such 
policies or practices relate to the school; (10) include a provision of job-embedded 
professional development for teachers at the school, with an emphasis on strategies that 
involve teacher input and feedback; (11) provide for increased opportunities for teacher 
planning time and collaboration focused on improving student instruction; (12) establish a 
plan for professional development for administrators at the school, with an emphasis on 
strategies that develop leadership skills and use the principles of distributive leadership; (13) 



11 



Chap. 12 

establish steps to assure a continuum of high-expertise teachers by aligning the following 
processes with a common core of professional knowledge and skill: hiring, induction, teacher 
evaluation, professional development, teacher advancement, school culture and 
organizational structure; ( 1 4) develop a strategy to search for and study best practices in areas 
of demonstrated deficiency in the school; (15) establish strategies to address mobility and 
transiency among the student population of the school; and (16) include additional 
components based on the reasons why the school was designated as underperforming and the 
recommendations of the group of stakeholders in subsection (b). 

If the superintendent does not approve a reapplication submitted by an employee 
pursuant to clause (7) for a position in the school or if an employee does not submit a 
reapplication for a position in the school, the employee shall retain such rights as may be 
provided under law or any applicable collective bargaining agreement in relation to the 
employee's ability to fill another position in the district; provided, however, that the 
employee shall not have the right to displace any teacher with professional teacher status in 
any other school during a school year. 

A teacher with professional teacher status in a school declared underperforming or 
chronically underperforming may be dismissed for good cause; provided, however, that the 
teacher receives 5 days written notice of the decision to terminate which shall include, 
without limitation, an explanation of the reason why the superintendent is not retaining the 
teacher in the school; provided, further, that the teacher may seek review of a termination 
decision within 5 days after receiving notice of the teacher's termination by filing a petition 
for expedited arbitration with the commissioner; provided, further, that except as otherwise 
provided herein section 42 of chapter 71 shall apply to a petition filed pursuant to this 
section; provided, further, that the commissioner shall cause an arbitrator to be selected 
pursuant to the procedures in section 42 of chapter 7 1 within 3 days of receipt of petition and 
shall conduct and complete a hearing within 10 days of receipt of the petition; provided, 
further, that in reviewing dismissal decisions, the arbitrator shall consider the components 
of the turnaround plan and shall also consider any personnel evaluations conducted that are 
consistent with the guidelines established pursuant to section IB; and provided, further, that 
the arbitrator's decision shall be issued within 10 days from the completion of the hearing. 

For a school with limited English-proficient students, the professional development 
and planning time for teachers and administrators identified in clauses ( 1 0) to ( 1 2), inclusive, 
shall include specific strategies and content designed to maximize the rapid academic 
achievement of limited English-proficient students at the school. 

(e) Within 30 days of the local stakeholder group making recommendations under 
subsection (b), the superintendent shall submit a turnaround plan to the local stakeholder 
group, the school committee and the commissioner, all of whom may propose modifications 
to the plan. The superintendent shall make such plan immediately available to the public 
upon the submission. The stakeholder group, the school committee and the commissioner 
shall submit any proposed modifications to the superintendent not more than 30 days after 
the date of submission of the turnaround plan and the proposed modifications shall be made 



12 



Chap. 12 

public immediately upon their submission to the superintendent. The superintendent shall 
consider and may incorporate the modifications into the plan if the superintendent determines 
that inclusion of the modifications would further promote the rapid academic achievement 
of students at the school or may alter or reject the proposed modifications submitted under 
this subsection. Within 30 days of receiving any proposed modifications under this 
subsection, the superintendent shall issue a final turnaround plan for the school and the plan 
shall be made publicly available. 

(f) Within 30 days of the issuance of a final turnaround plan under subsection (e) a 
school committee or local union may appeal to the commissioner regarding 1 or more 
components of the plan, including the absence of 1 or more modifications proposed under 
subsection (e). The commissioner may, in consultation with the superintendent, modify the 
plan if the commissioner determines that: (1) such modifications would further promote the 
rapid academic achievement of students in the applicable school; (2) a component of the plan 
was included, or a modification was excluded, on the basis of demonstrably-false 
information or evidence; or (3) the superintendent failed to meet the requirements of 
subsections (b) to (e), inclusive. The decision of the commissioner regarding an appeal 
under this subsection shall be made within 30 days and shall be final, (g) If, after considering 
the recommendations of the group of stakeholders, the superintendent considers it necessary 
to maximize the rapid academic achievement of students at the applicable school by altering 
the compensation, hours and working conditions of the administrators, teachers, principal 
and staff at the school or by altering other provisions of a contract or collective bargaining 
agreement applicable to the administrators, teachers, principal and staff, the superintendent 
may request that the school committee and any union bargain or reopen the bargaining of the 
relevant collective bargaining agreement to facilitate such achievement. The bargaining shall 
be conducted in good faith and completed not later than 30 days from the point at which the 
superintendent requested that the parties bargain. The agreement shall be subject to 
ratification within 10 business days by the bargaining unit members in the school. If the 
parties are unable to reach an agreement within 30 days or if the agreement is not ratified 
within 1 business days by the bargaining unit members of the school, the parties shall 
submit remaining unresolved issues a joint resolution committee for dispute resolution 
process on the next business day following the end of the 30-day bargaining period or failure 
to ratify. 

The joint resolution committee shall be comprised of 3 members, 1 of whom shall 
be appointed by the employee organization within 3 business days following the submission 
of unresolved issues to the joint resolution committee, 1 of whom shall be appointed by the 
school committee within 3 business days following the submission of unresolved issues to 
the joint resolution committee and 1 who shall be selected through the American Arbitration 
Association who shall forthwith forward to the parties a list of 3 conciliators, each of whom 
shall have professional experience in elementary and secondary education, from which the 
parties may agree upon a single conciliator provided, however, that if the parties cannot 
select a conciliator from among the 3 within 3 business days, the American Arbitration Asso- 



13 



Chap. 12 

ciation shall select a conciliator from the remaining names. The joint resolution committee 
shall conduct a dispute resolution process to be concluded within 10 business days of 
selection. This process shall be conducted in accordance with the rules of the American 
Arbitration Association and consistent with this section. The fee for the process shall be 
shared equally between the 2 parties involved. 

The joint resolution committee shall consider the positions of the parties, the 
designation of the school as underperforming and the needs of the students in the school. 
Notwithstanding any other provision of this chapter, the decision of the joint resolution 
committee shall be dispositive of all the issues in dispute and shall be submitted to the parties 
within 10 business days of the completion of the process. Under no circumstance, shall a 
time extension be granted beyond 10 business days of the completion of the process. If a 
decision is not submitted to the parties within 10 business days, the commissioner will 
resolve all outstanding issues. 

(h) The superintendent may select an external receiver to operate the school and 
implement the turnaround plan or to assist the superintendent with the implementation. The 
superintendent may appoint the receiver if the superintendant determines that conditions exist 
in the district that are likely to negatively affect his ability to implement the plan 
successfully. A school committee may appeal to the commissioner the decision of the 
superintendent to appoint an external receiver. The commissioner may reverse such decision 
only if he determines that the superintendent made the decision on the basis of 
demonstrably-false information or evidence. A receiver shall be a non-profit entity or an 
individual with a demonstrated record of success in improving low-performing schools or 
the academic performance of disadvantaged students. A receiver shall be subject to section 
1 1A Vi of chapter 30A and chapter 66. A receiver who is an individual shall also be subject 
to chapter 268A. 

(i) An external receiver selected by the superintendent to operate a school shall have 
full managerial and operational control over the school as provided in the turnaround plan. 
For all other purposes, the school district in which the school is located shall remain the 
employer of record. 

(j) Each turnaround plan shall be authorized for a period of not more than 3 years, 
subject to subsection (k). The superintendent or external receiver, as applicable, may 
develop additional components of the turnaround plan pursuant to subsections (b) to (g) 
inclusive and shall develop annual goals for each component of the plan, in a manner 
consistent with subsections (b) to (g), inclusive. The superintendent or external receiver, as 
applicable, shall be responsible for meeting the goals of the plan. 

(k) Each school designated by the commissioner as underperforming under subsection 
(a) shall be reviewed by the superintendent, in consultation with the principal of the school, 
at least annually. The purpose of the review shall be to determine whether the school has met 
the annual goals in its turnaround plan and to assess the overall implementation of the 
turnaround plan. The review shall be in writing and shall be submitted to the commissioner 
and the relevant school committee not later than July 1 for the preceding school year. The 



14 



Chap. 12 

review shall be submitted in a format determined by the department of elementary and 
secondary education. 

If the commissioner determines that the school has met the annual performance goals 
stated in the turnaround plan, the review shall be considered sufficient and the 
implementation of the turnaround plan shall continue. If the commissioner determines that 
the school has not met 1 or more goals in the turnaround plan and that the failure to meet the 
goals may be corrected through reasonable modification of the plan, the superintendent may 
amend the turnaround plan in a manner consistent with the provisions of subsection (b) to 
(g) inclusive. If the commissioner determines that the school has substantially failed to meet 
1 or more goals in the plan, the commissioner may appoint an examiner to conduct an 
evaluation of the school's implementation of the turnaround plan. 

If the commissioner determines that the school has substantially failed to meet 
multiple goals in the plan, the commissioner may require changes to the turnaround plan to 
be implemented by the superintendent in the following year or the appointment of an external 
partner to advise and assist the superintendent in implementing the plan the following year. 
If the changes to the turnaround plan require changes in a collective bargaining agreement 
applicable to administrators, teachers or staff in the school, the bargaining procedure in 
subsection (g) shall be used. If an underperforming school is operated by an external 
receiver, the commissioner may require the superintendent to terminate the receiver and 
develop a new turnaround plan; provided, however, that the superintendent shall not 
terminate the receiver before the completion of the first full school year of the operation of 
the underperforming school. 

(1) Upon the expiration of a turnaround plan, the commissioner shall conduct a review 
of the school to determine whether the school has improved sufficiently, requires further 
improvement or has failed to improve. On the basis of such review, the commissioner may 
determine that: (1) the school has improved sufficiently for the designation of the school as 
underperforming to be removed; (2) the school has improved, but the school remains 
underperforming, in which case the superintendent may, with the approval of the 
commissioner, renew the plan or create a new or modified plan for an additional period of 
not more than 3 years, consistent with the requirements of subsections (a) to (g); or (3) 
consistent with the requirements of subsection (a),the school is chronically underperforming. 
The commissioner may recommend the appointment of an external receiver by the 
superintendent if the commissioner believes that a new or modified turnaround plan 
implemented by the superintendent will not result in rapid improvement. In carrying out this 
subsection, the superintendent shall: (1) in the case of a renewal of a turnaround plan, 
determine subsequent annual goals for each component of the plan with the input of the local 
stakeholder group as defined in subsection (b); or (2) create a new or modified turnaround 
plan as necessary, consistent with the requirements of this section. 

(m) Upon the designation of a school as a chronically underperforming school in 
accordance with the regulations developed under this section, the commissioner shall create 
a turnaround plan for the school under this subsection and subsections (n) to (p), inclusive. 



15 



Chap. 12 

Before creating the turnaround plan required in this subsection, the commissioner 
shall convene a local stakeholder group of not more than 13 individuals for the purpose of 
soliciting recommendations on the content of such plan in order to maximize the rapid 
academic achievement of students. The commissioner shall provide due consideration to the 
recommendations of the stakeholder group. The group shall include: (1) the superintendent, 
or a designee; (2) the chair of the school committee, or a designee; (3) the president of the 
local teacher's union, or a designee; (4) an administrator from the school, who may be the 
principal, chosen by the superintendent; (5) a teacher from the school chosen by the faculty 
of the school; (6) a parent from the school chosen by the local parent organization; (7) 
representatives of applicable state and local social service, health and child welfare agencies, 
chosen by the commissioner; (8) as appropriate, representatives of state and local workforce 
development agencies, chosen by the commissioner; (9) for elementary schools, a 
representative of an early education and care provider chosen by the commissioner of the 
department of early education and care and, for middle schools or high schools, a 
representative of the higher education community selected by the secretary of education; and 
(10) a member of the community appointed by the chief executive of the city or town. If the 
school or district does not have a parent organization or if the organization does not select 
a parent, the commissioner shall select a volunteer parent of a student from the school. The 
commissioner shall convene the group within 30 days of the designation of a school as 
chronically underperforming and the group shall make its recommendations to the 
commissioner within 45 days of its initial meeting. Meetings of the local stakeholder group 
shall be open to the public and the recommendations submitted to the commissioner under 
this subsection shall be publicly available immediately upon their submission. 

(n) In creating the turnaround plan required in subsection (m), the commissioner shall 
include, after considering the recommendations of the local stakeholder group, provisions 
intended to maximize the rapid academic achievement of students at the school and shall, to 
the extent practicable, base the plan on student outcome data, including, but not limited to: 
(1) data collected under section II or information from a school or district review performed 
under section 55 A of chapter 15; (2) student achievement on the Massachusetts 
Comprehensive Assessment System; (3) other measures of student achievement, approved 
by the commissioner, as appropriate; (4) student promotion and graduation rates; (5) 
achievement data for different subgroups of students, including low-income students as 
defined by chapter 70, limited English-proficient students and students receiving special 
education; and (6) student attendance, dismissal rates and exclusion rates. 

The commissioner shall include in the creation of the turnaround plan, after con- 
sidering the recommendations of the local stakeholder group, the following: (1) steps to 
address social service and health needs of students at the school, and their families, in order 
to help students arrive and remain at school ready to learn; provided, however, that this may 
include mental health and substance abuse screening; (2) steps to improve or expand child 
welfare services and, as appropriate, law enforcement services in the school community, in 



16 



Chap. 12 

order to promote a safe and secure learning environment; (3) steps to improve workforce 
development services provided to students at the school, and their families, in order to 
provide students and families with meaningful employment skills and opportunities; (4) steps 
to address achievement gaps for limited English-proficient, special education and 
low-income students; (5) alternative English language learning programs for limited-English 
proficient students, notwithstanding chapter 71 A; and (6) a financial plan for the school, 
including any additional funds to be provided by the district, commonwealth, federal 
government or other sources. 

The secretaries of health and human services, labor and workforce development, 
public safety and other applicable state and local social service, health and child welfare 
officials shall coordinate with the secretary of education and the commissioner regarding the 
implementation of strategies under clauses ( 1 ) to (3), inclusive, of the second paragraph that 
are included in a final turnaround plan and shall, subject to appropriation, reasonably support 
the implementation consistent with the requirements of state and federal law applicable to 
the relevant programs that each official is responsible for administering. 

In order to assess the school across multiple measures of school performance and 
student success, the turnaround plan shall include measurable annual goals including, but not 
limited to, the following: (1) student attendance ,dismissal rates and exclusion rates; (2) 
student safety and discipline; (3) student promotion and graduation and dropout rates; (4) 
student achievement on the Massachusetts Comprehensive Assessment System; (5) progress 
in areas of academic underperformance; (6) progress among subgroups of students, including 
low-income students as defined by chapter 70, limited English-proficient students and 
students receiving special education; (7) reduction of achievement gaps among different 
groups of students; (8) student acquisition and mastery of 21st-century skills; (9) 
development of college readiness, including at the elementary and middle school levels; (10) 
parent and family engagement; (11) building a culture of academic success among students; 

(12) building a culture of student support and success among school faculty and staff; and 

(13) developmentally appropriate child assessments from pre-kindergarten through third 
grade, if applicable. 

(o) Notwithstanding any general or special law to the contrary, in creating the 
turnaround plan required in subsection (m), the commissioner may, after considering the 
recommendations of the group of stakeholders: (1) expand, alter or replace the curriculum 
and program offerings of the school, including the implementation of research-based early 
literacy programs, early interventions for struggling readers and the teaching of advanced 
placement courses or other rigorous nationally or internationally recognized courses, if the 
school does not already have such programs or courses; (2) reallocate the uses of the existing 
budget of the school; (3) provide additional funds to the school from the budget of the 
district, if the school does not already receive funding from the district at least equal to the 
average per pupil funding received for students of the same classification and grade level in 
the district; (4) provide funds, subject to appropriation, to increase the salary of an admin- 
istrator ,or teacher in the school, in order to attract or retain highly-qualified administrators 



17 



Chap. 12 

or teachers or to reward administrators,, or teachers who work in chronically 
underperforming schools that achieve the annual goals set forth in the turnaround plan; (5) 
expand the school day or school year or both of the school; (6) for an elementary school, add 
pre-kindergarten and full-day kindergarten classes, if the school does not already have such 
classes; (7) limit, suspend, or change 1 or more provisions of any contract or collective 
bargaining agreement, as the contract or agreement applies to the school; provided, however, 
that the commissioner shall not reduce the compensation of an administrator, teacher or staff 
member unless the hours of the person are proportionately reduced; and provided further, that 
the commissioner may require the school committee and any applicable unions to bargain 
in good faith for 30 days before exercising authority pursuant to this clause; (8) following 
consultation with applicable local unions, require the principal and all administrators, 
teachers and staff to reapply for their positions in the school, with full discretion vested in 
the superintendent regarding his consideration of and decisions on rehiring based on the 
reapplications; (9) limit, suspend or change 1 or more school district policies or practices, 
as such policies or practices relate to the school; (10) include a provision of job-embedded 
professional development for teachers at the school, with an emphasis on strategies that 
involve teacher input and feedback; (11) provide for increased opportunities for teacher 
planning time and collaboration focused on improving student instruction; (12) establish a 
plan for professional development for administrators at the school, with an emphasis on 
strategies that develop leadership skills and use the principles of distributive leadership; (13) 
establish steps to assure a continuum of high expertise teachers by aligning the following 
processes with the common core of professional knowledge and skill: hiring, induction, 
teacher evaluation, professional development, teacher advancement, school culture and 
organizational structure; (14) develop a strategy to search for and study best practices in areas 
of demonstrated deficiency in the school; (15) establish strategies to address mobility and 
transiency among the student population of the school; and (16) include additional 
components, at the discretion of the commissioner, based on the reasons the school was 
designated as chronically underperforming and the recommendations of the local stakeholder 
group in subsection (m). 

If the commissioner does not approve a reapplication submitted by an employee 
pursuant to clause (7) for a position in the school or if an employee does not submit a 
reapplication for a position in the school, the employee shall retain such rights as may be 
provided under law or any applicable collective bargaining agreement, in relation to the 
employee's ability to fill another position in the district; provided, however, that the 
employee shall not have the right to displace any teacher with professional teacher status in 
any other school during a school year. 

A teacher with professional teacher status in a school declared underperforming or 
chronically underperforming may be dismissed for good cause; provided, however, that the 
teacher receives 5 days written notice of the decision to terminate which shall include 
without limitation an explanation of the reason why the commissioner or superintendent is 



18 



Chap. 12 

not retaining the teacher in the school; provided, further, that the teacher may seek review 
of a termination decision within 5 days after receiving notice of the teacher's termination by 
filing a petition for expedited arbitration with the commissioner; provided further, that except 
as otherwise provided herein section 42 of chapter 71 shall apply to a petition filed pursuant 
to this section; provided further, that the commissioner shall cause an arbitrator to be selected 
pursuant to the procedures in section 42 of chapter 7 1 within 3 days of receipt of petition and 
shall conduct and complete a hearing within 1 days of receipt of the petition; provided, 
further, that in reviewing dismissal decisions, the arbitrator shall consider the components 
of the turnaround plan and shall also consider any personnel evaluations conducted that are 
consistent with the guidelines established pursuant to section IB; and provided, further, that 
the arbitrator's decision shall be issued within 10 days from the completion of the hearing. 

For a school with limited English-proficient students, the professional development 
and planning time for teachers and administrators identified in clauses ( 1 0) to ( 1 2), inclusive, 
shall include specific strategies and content designed to maximize the rapid academic 
achievement of the limited English-proficient students. 

If the commissioner proposes to reallocate funds to the school from the budget of the 
district under clause (3), the commissioner shall notify the school committee, in writing, of 
the amount of and rationale for the reallocation. 

(p) Within 30 days of the local stakeholder group making recommendations under 
subsection (m), the commissioner shall submit a turnaround plan to the local stakeholder 
group, the superintendent and the school committee, all of whom may propose modifications 
to the plan. The commissioner shall make the plan immediately available to the public upon 
submission. The stakeholder group, the superintendent and the school committee shall 
submit any proposed modifications to the commissioner within 30 days after the date of 
submission of the turnaround plan and the proposed modifications shall be made public 
immediately upon their submission to the commissioner. The commissioner shall consider 
and incorporate the modifications into the plan if the commissioner determines that inclusion 
of the modifications would further promote the rapid academic achievement of students at 
the applicable school. The commissioner may alter or reject modifications submitted 
pursuant to this subsection. Within 30 days of receiving any proposed modifications, the 
commissioner shall issue a final turnaround plan for the school and the plan shall be made 
publicly available. 

(q) Within 30 days of the issuance of a final turnaround plan under subsection (p), 
a superintendent, school committee or local union may appeal to the board of elementary and 
secondary education regarding 1 or more components of the plan, including the absence of 
1 or more modifications proposed under subsection (p). A majority of the board, may vote 
to modify the plan if the board determines that: ( 1 ) such modifications would further promote 
the rapid academic achievement of students in the applicable school; (2) a component of the 
plan was included, or a modification was excluded, on the basis of demonstrably-false 
information or evidence; or (3) the commissioner failed to meet the requirements of 
subsections (m) to (p), inclusive. The decision of the board regarding an appeal under this 



19 



Chap. 12 

subsection shall be made within 30 days and shall be final. 

(r) In the case of a chronically underperforming school, the commissioner may, under 
the circumstances described in this subsection, send a targeted assistance team to the school 
to assist the superintendent with the implementation of the turnaround plan, require the 
superintendent to implement the turnaround plan, or select an external receiver to operate the 
school and implement the turnaround plan. The commissioner may appoint such receiver 
if the commissioner determines that: (1 ) the superintendent is unlikely to implement the plan 
successfully; or (2) conditions exist in the district that are likely to negatively affect the 
ability of the superintendent to implement such plan successfully. A receiver shall be a 
non-profit entity or an individual with a demonstrated record of success in improving low 
performing schools or the academic performance of disadvantaged students. A receiver shall 
be subject to section 1 1 AV2 of chapter 30Aand chapter 66. A receiver who is an individual 
shall also be subject to chapter 268 A. 

The commissioner may select the external receiver upon the designation of a school 
as chronically underperforming. The external receiver may serve as the commissioner's 
designee for the purpose of creating a school's turnaround plan under subsections (m) to (p), 
inclusive. 

(s) An external receiver selected by the commissioner to operate a chronically 
underperforming school shall have full managerial and operational control over the school 
as provided in the turnaround plan. For all other purposes, the school district in which the 
school is located shall remain the employer of record. 

(t) Each turnaround plan shall be authorized for a period of not more than 3 years, 
subject to subsection (v). The superintendent or external receiver, as applicable, may 
develop additional components of the plan and shall develop annual goals for each com- 
ponent of the plan in a manner consistent with subsection (n), all of which must be approved 
by the commissioner. The superintendent or external receiver, as applicable, shall be 
responsible for meeting the goals of the turnaround plan. 

(u) The commissioner or external receiver, as applicable, shall provide a written 
report to the school committee on a quarterly basis to provide specific information about the 
progress being made on the implementation of the school's turnaround plan. One of the 
quarterly reports shall be the annual evaluation under subsection (v). 

(v) The commissioner shall evaluate each chronically underperforming school at least 
annually. The purpose of the evaluation shall be to determine whether the school has met 
the annual goals in its turnaround plan and assess the implementation of the plan at the 
school. The review shall be in writing and shall be submitted to the superintendent and the 
school committee not later than July 1 for the preceding school year. The review shall be 
submitted in a format determined by the department of elementary and secondary education. 

If the commissioner determines that the school has met the annual performance goals 
stated in the turnaround plan, the review shall be considered sufficient and the 
implementation of the turnaround plan shall continue. If the commissioner determines that 



20 



Chap. 12 

the school has not met 1 or more goals in the plan, the commissioner may modify the plan 
in a manner consistent with subsection (n). 

If the commissioner determines that the school has substantially failed to meet 
multiple goals in the plan, the commissioner may: (1) if the school is operated by a 
superintendent, appoint an external receiver, as defined in subsection (r), to operate the 
school; or (2) if the school is operated by an external receiver terminate the contract of the 
external receiver; provided, however, that the commissioner shall not terminate the receiver 
before the completion of the first full school year of the operation of the chronically 
underperforming school. 

(w) Upon the expiration of a turnaround plan for a chronically underperforming 
school, the commissioner shall conduct a review of the school to determine whether the 
school has improved sufficiently, requires further improvement or has failed to improve. On 
the basis of such review, the commissioner may: (1) on the basis of a superintendent's or 
external receiver's success in meeting the terms of the plan, renew the plan with the 
superintendent or external receiver for an additional period of not more than 3 years; (2) if 
a school that is operated by a superintendent and remains chronically underperforming, 
appoint an external receiver, as defined in subsection (r), to operate the school; (3) if a 
chronically underperforming school that is operated by an external receiver and remains 
chronically underperforming, transfer the operation of the school from the receiver to the 
applicable superintendent or to another external receiver; or (4) determine that the school has 
improved sufficiently for the designation of chronically underperforming to be removed. The 
commissioner shall: (1) in the case of a renewal of an turnaround plan, jointly determine 
subsequent annual goals for each component of the plan with the superintendent or external 
receiver, as applicable; or (2) create a new or modified turnaround plan as necessary, 
consistent with the requirements of this section. 

(x) Notwithstanding any general or special law to the contrary, any underperforming 
or chronically underperforming school operating a limited-English proficient program or 
programs for limited English proficient students in any 1 language group shall establish a 
limited English proficient parent advisory council. The parent advisory council shall be 
comprised of parents or legal guardians of students who are enrolled in limited English 
proficient programs within the school. Each parent advisory council shall have at least 1 
representative from every language group in which a program is conducted in a given school. 
Membership shall be restricted to parents or legal guardians of students enrolled in limited 
English proficient programs within the school. The duties of the parent advisory council 
shall include, but not be limited to, advising the school on matters that pertain to the 
education of students in limited English proficient programs, meeting regularly with school 
officials to participate in the planning and development of a plan to improve educational 
opportunities for limited English proficient students, and to participate in the review of 
school improvement plans established under section 59C of chapter 71 as they pertain to 
limited English proficient students. Any parent advisory council may, at its request, meet 
at least once annually with the school council. The parent advisory council shall establish 



21 



Chap. 12 

by-laws regarding officers and operational procedures. In the course of its duties under this 
section, the parent advisory council shall receive assistance from the director of limited 
English proficient programs for the district or other appropriate school personnel as 
designated by the superintendent. 

(y) The board of elementary and secondary education shall adopt regulations 
regarding: (1) the conditions under which an underperforming or chronically 
underperforming school shall no longer be designated as an underperforming or chronically 
underperforming school; and (2) the transfer of the operation of an underperforming or a 
chronically underperforming school from a superintendent or an external receiver, as 
applicable, to the school committee. The regulations shall include provisions to allow a 
school to retain measures adopted in an turnaround plan for a transitional period if, in the 
judgment of the commissioner, the measures would contribute to the continued improvement 
of the school. Such regulations shall also include provisions that clearly identify the 
conditions under which such a transitional period shall end and the powers granted to the 
commissioner and board under this section shall cease to apply to a district previously 
designated as chronically underperforming. 

(z) The commissioner shall report annually to the joint committee on education, the 
house and senate committees on ways and means, the speaker of the house of representatives 
and the senate president on the implementation and fiscal impact of this section and section 
IK. The report shall include, but not be limited to, a list of all schools currently designated 
as underperforming or chronically underperforming, a list of all districts currently designated 
as chronically underperforming, the plans and timetable for returning the schools and 
districts to the local school committee and strategies used in each of the schools and districts 
to maximize the rapid academic achievement of students. 

Section IK. (a) A district shall be deemed eligible for designation as chronically 
underperforming upon a determination by the board of elementary and secondary education, 
pursuant to regulations adopted by the board, that a school district, other than a single school 
district, has scored in the lowest 10 per cent statewide when compared to other districts of 
the same grade levels based on a single measure developed by the department that takes into 
account student achievement data collected pursuant to II, and, beginning on July 1, 201 1, 
improvement over time in student academic achievement. Following such determination, 
the commissioner shall appoint a district review team pursuant to section 55 A of chapter 1 5 
to assess and report on the reasons for the underperformance and the prospects for 
improvement, unless such an assessment has been completed by a district review team within 
the previous year that the commissioner considers adequate. The district review team shall 
include at least 1 person with expertise in the academic achievement of limited 
English-proficient students. Upon review of the findings of the district review team, the 
board may declare the district chronically underperforming. 

Following such a declaration, the board shall designate a receiver for the district with 
all the powers of the superintendent and school committee. The receiver shall be a non-profit 
entity or an individual with a demonstrated record of success in improving low-performing 



22 



Chap. 12 

schools or districts or the academic performance of disadvantaged students who shall report 
directly to the commissioner. An external receiver designated by the board to operate a 
district under this subsection shall have full managerial and operational control over such 
district; provided, however, that the school district shall remain the employer of record for 
all other purposes. A receiver shall be subject to section 1 1 A X A of chapter 30A and chapter 
66. A receiver who is an individual shall also be subject to chapter 268A. 

Not more than 2.5 per cent of the total number of school districts may be designated 
as chronically underperforming at any given time. 

In adopting regulations allowing the board to designate a district as chronically 
underperforming, the board must ensure that the regulations account for multiple indicators 
of district quality including student attendance, dismissal rates, exclusion rates, student 
promotion and graduation rates in the district, or the lack of demonstrated significant 
improvement for 2 or more consecutive years in core academic subjects, either in the 
aggregate or among subgroups of students, including designations based on special education 
classification, low-income, English language proficiency and racial classifications. 

(b) The commissioner and the receiver shall jointly create an turnaround plan to 
promote the rapid improvement of the chronically underperforming district. The plan shall 
specifically focus on the school or schools in the district that have been designated as 
chronically underperforming under section 1 J and the district policies or practices that have 
contributed to chronic underperformance. 

Before creating the turnaround plan required in this subsection, the commissioner and 
receiver shall convene a local stakeholder group of not more than 1 3 individuals for the 
purpose of soliciting recommendations on the content of such plan in order to maximize the 
rapid improvement of the academic achievement of students. The commissioner shall 
provide due consideration to the recommendations of the local stakeholder group. The group 
shall include: (1) the superintendent, or a designee; (2) the chair of the school committee, or 
a designee; (3) the president of the local teacher's union, or a designee; (4) a selection of 
administrators from the district, chosen by the commissioner from among volunteers from 
the district; (5) a selection of teachers from the district, chosen by the local teacher's union; 
(6) a selection of parents from the district chosen by the local parent organization; (7) 
representatives of applicable state and local social service, health, and child welfare agencies 
chosen by the commissioner; (8) as appropriate, representatives of state and local workforce 
development agencies chosen by the commissioner; (9) a representative of an early education 
and care provider chosen by the commissioner of the department of early education and care, 
or for middle or high schools, a representative of the higher education community selected 
by the secretary of education; and (10) a member of the community appointed by the chief 
executive of the city or town. If the district does not have a parent organization or if the 
organization does not select a parent, the commissioner shall select a volunteer parent of a 
student from the district. The commissioner and receiver shall convene the group within 30 
days of the board designating a district as chronically underperforming and the group shall 



23 



Chap. 12 

make its recommendations to the commissioner and receiver within 45 days of its initial 
meetings. Meetings of the local stakeholder group shall be open to the public and the 
recommendations submitted to the commissioner and receiver shall be publicly available 
immediately upon their submission. 

(c) In creating the turnaround plan, the commissioner and receiver shall include 
measures intended to maximize the rapid improvement of the academic achievement of 
students in the district and shall, to the extent practicable, base the plan on student outcome 
data, including, but not limited to: (1) data collected pursuant to section II, or information 
from a school or district review performed under section 55 A of chapter 15; (2) student 
achievement on the Massachusetts Comprehensive Assessment System; (3) other measures 
of student achievement, approved by the commissioner,; (4) student promotion and 
graduation rates; (5) achievement data for different subgroups of students, including 
low-income students as defined in chapter 70, limited English-proficient students and 
students receiving special education; and (6) student attendance, dismissal rates and 
exclusion rates. In creating the turnaround plan required in subsection (b), the commissioner 
and receiver shall include, after considering the recommendations of the local stakeholder 
group, the following: (1) steps to address social service and health needs of students in the 
district and their families in order to help students arrive and remain at school ready to learn; 
provided, however, that this may include mental health and substance abuse screening; (2) 
steps to improve or expand child welfare services and, as appropriate, law enforcement 
services in the school district community, in order to promote a safe and secure learning 
environment; (3) as applicable, steps to improve workforce development services provided 
to students in the district and their families in order to provide students and families with 
meaningful employment skills and opportunities; (4) steps to address achievement gaps for 
limited English-proficient, special education and low-income students, as applicable; (5) 
alternative English language learning programs for limited-English proficient students, 
notwithstanding chapter 7 1 A; and (6) a budget for the district including any additional funds 
to be provided by the commonwealth, federal government or other sources. 

The secretaries of health and human services, public safety, labor and workforce 
development and other applicable state and local social service, health and child welfare 
officials shall coordinate with the secretary of education and the commissioner regarding the 
implementation of strategies pursuant to clauses (1) to (3), inclusive, of this subsection that 
are included in an turnaround plan and shall, subject to appropriation, reasonably support the 
implementation consistent with the requirements of state and federal law applicable to the 
relevant programs that each such official is responsible for administering. 

In order to assess the district across multiple measures of district performance and 
student success, the turnaround plan shall include measurable annual goals including, but not 
limited to, the following: (1) student attendance , dismissal rates and exclusion rates; (2) 
student safety and discipline; (3) student promotion and graduation and dropout rates; (4) 
student achievement on the Massachusetts Comprehensive Assessment System; (5) progress 
in areas of academic underperformance; (6) progress among subgroups of students, including 



24 



Chap. 12 

low-income students as defined by chapter 70, limited English-proficient students and 
students receiving special education; (7) reduction of achievement gaps among different 
groups of students; (8) student acquisition and mastery of 21st-century skills; (9) 
development of college readiness, including at the elementary and middle school levels; (10) 
parent and family engagement; (11) building a culture of academic success among students; 
(12) building a culture of student support and success among faculty and staff; and (13) 
developmentally appropriate child assessments from pre-kindergarten through third grade, 
if applicable. 

(d) Notwithstanding any general or special law to the contrary, in creating the turn- 
around plan under subsection (b), the commissioner and the receiver may, after considering 
the recommendations of the group of stakeholders: (1) expand, alter or replace the 
curriculum and program offerings of the district or of a school in the district, including the 
implementation of research-based early literacy programs, early interventions for struggling 
readers and the teaching of advanced placement courses or other rigorous nationally or 
internationally recognized courses, if the district or schools in the district do not already have 
such programs or courses; (2) reallocate the uses of the existing budget of the district; (3) 
provide funds, subject to appropriation, to increase the salary of an administrator, or teacher 
in the district working in an underperforming or chronically underpeiforming school, in order 
to attract or retain highly-qualified administrators, or teachers or to reward administrators or 
teachers who work in chronically underperforming districts that achieve the annual goals set 
forth in the turnaround plan; (4) expand the school day or school year or both of schools in 
the district; (5) limit, suspend or change 1 or more provisions of any contract or collective 
bargaining agreement in the district, including the adoption of model provisions identified 
by the commissioner from among existing contracts or collective bargaining agreements in 
the commonwealth; provided, however, that the commissioner shall not reduce the 
compensation of an administrator, teacher or staff member unless the hours of the person are 
proportionately reduced; (6) add pre-kindergarten and full-day kindergarten classes, if the 
district does not already have the classes; (7) following consultation with applicable local 
unions, require the principal and all administrators, teachers and staff to reapply for their 
positions in the district, with full discretion vested in the receiver regarding any such 
reapplications. turnaround plan; (8) limit, suspend or change 1 or more school district 
policies or practices, as such policies or practices relate to the underperforming schools in 
the district; (9) include a provision of job-embedded professional development for teachers 
in the district, with an emphasis on strategies that involve teacher input and feedback; (10) 
provide for increased opportunities for teacher planning time and collaboration focused on 
improving student instruction; (11) establish a plan for professional development for 
administrators in the district, with an emphasis on strategies that develop leadership skills 
and use the principles of distributive leadership; (12) establish steps to assure a continuum 
of high expertise teachers by aligning the following processes with the common core of 
professional knowledge and skill: hiring, induction, teacher evaluation, professional 
development, teacher advancement, school culture and organizational structure; (13) develop 



25 



Chap. 12 

a strategy to search for and study best practices in areas of demonstrated deficiency in the 
district; (14) establish strategies to address mobility and transiency among the student 
population of the district; and (15) include additional components, at the discretion of the 
commissioner and the receiver, based on the reasons the district was designated as 
chronically underperforming and based on the recommendations of the local stakeholder 
group in subsection (b). 

If the commissioner does not approve a reapplication submitted by an employee 
pursuant to clause (7) for a position in a school or if an employee does not submit a 
reapplication for a position in a school, the employee shall retain such rights as may be 
provided under law or any applicable collective bargaining agreement in relation to the 
employee's ability to fill another position in the district; provided, however, that the 
employee shall not have the right to displace any teacher with professional teacher status in 
any other school during a school year. 

A teacher with professional teacher status in a school declared underperforming or 
chronically underperforming may be dismissed for good cause; provided, however, that the 
teacher receives 5 days written notice of the decision to terminate which shall include 
without limitation an explanation of the reason why the commissioner/superintendent is not 
retaining the teacher in the school; provided, further, that the teacher may seek review of a 
termination decision within 5 days after receiving notice of the teacher's termination by filing 
a petition for expedited arbitration with the commissioner; provided, further, that except as 
otherwise provided herein section 42 of chapter 71 shall apply to a petition filed pursuant to 
this section; provided further, that the commissioner shall cause an arbitrator to be selected 
pursuant to the procedures in section 42 of chapter 7 1 within 3 days of receipt of petition and 
shall conduct and complete a hearing within 10 days of receipt of the petition; provided 
further, that in reviewing dismissal decisions, the arbitrator shall consider the components 
of the turnaround plan and shall also consider any personnel evaluations conducted that are 
consistent with the guidelines established pursuant to section 1 B; and provided, further, that 
the arbitrator's decision shall be issued within 10 days from the completion of the hearing. 

For a district with limited English-proficient students, the professional development 
and planning time for teachers and administrators identified in clauses (9) to (1 1 ), inclusive, 
shall include specific strategies and content designed to maximize the rapid academic 
achievement of limited English-proficient students in the district. 

(e) if, after considering the recommendations of the group of stakeholders, pursuant 
to subsection (d) the commissioner considers it necessary to maximize the rapid academic 
achievement of students at an underperforming or chronically underperforming school by 
altering the compensation, hours and working conditions of the administrators, teachers, 
principals and staff at the school or by altering other provisions of a contract or collective 
bargaining agreement applicable to the administrators, teachers, principals and staff, the 
commissioner may request that the school committee and any union bargain or reopen the 
bargaining of the relevant collective bargaining agreements to facilitate such achievement. 
The bargaining shall be conducted in good faith and completed not later than 30 days from 



26 






Chap. 12 

the point at which the commissioner requested that the parties bargain. The agreement shall 
be subject to ratification within 10 business days by the bargaining unit members in the 
school. If the parties are unable to reach an agreement within 30 days or if the agreement is 
not ratified within 1 business days by the bargaining unit members of the school, the parties 
shall submit remaining unresolved issues to a joint resolution committee for dispute 
resolution process on the next business day following the end of the 30 day bargaining period 
or failure to ratify. 

The joint resolution committee shall be comprised of 3 members, 1 of whom shall 
be appointed by the employee organization within 3 business days following the submission 
of unresolved issues to the joint resolution committee, 1 of whom shall be appointed by the 
school committee within 3 business days following the submission of unresolved issues to 
the joint resolution committee and 1 who shall be selected through the American Arbitration 
Association who shall forthwith forward to the parties a list of three conciliators, each of 
whom shall have professional experience in elementary and secondary education, from which 
the parties may agree upon a single conciliator; provided, however, that if the parties cannot 
select a conciliator from among the 3 within 3 business days, the American Arbitration 
Association shall select a conciliator from the remaining names. The joint resolution 
committee shall conduct a dispute resolution process to be concluded within 10 business 
days of selection. This process shall be conducted in accordance with the rules of the 
American Arbitration Association and consistent with this section; provided however, that 
all members of the joint resolution committee must agree to any resolution. The fee for the 
process shall be shared equally between the 2 parties involved. 

The joint resolution committee shall consider the positions of the parties, the 
designation of the school as underperforming or chronically underperforming, the 
designation of the district as chronically underperforming, and the needs of the students in 
the school. Notwithstanding any other provision of this chapter, the unanimous decision of 
the joint resolution committee shall be dispositive of all the issues in dispute and shall be 
submitted to the parties within 10 business days of the close of the hearing. Under no 
circumstance, shall a time extension be granted beyond 10 business days of the close of the 
hearing. In the event that a unanimous decision is not submitted to the parties within 10 
business days, the commissioner will resolve all outstanding issues. 

(f) The turnaround plan shall be authorized for a period of not more than 3 years, 
subject to subsection (g). The commissioner and receiver may jointly develop additional 
components of the plan and shall jointly develop annual goals for each component of the plan 
in a manner consistent with the provisions of subsection (d). The receiver shall be 
responsible for meeting the goals of the turnaround plan. 

(g) The commissioner and receiver shall provide a written report to the school 
committee on a quarterly basis to provide specific information about the progress being made 
on the implementation of the district's turnaround plan. One of the quarterly reports shall 
be the annual evaluation required in subsection (g). 



27 



Chap. 12 

(h) The commissioner shall evaluate the performance of the receiver on not less than 
an annual basis. The purpose of such evaluation shall be to assess the implementation of the 
turnaround plan and determine whether the district has met the annual goals contained in the 
turnaround plan. The evaluation shall be in writing and submitted to the board and the local 
school committee no later than July 1 for the preceding school year. 

If the commissioner determines that the district has met the annual performance goals 
stated in the turnaround plan, the evaluation shall be considered sufficient and the 
implementation of the turnaround plan shall continue. 

If the commissioner determines that the receiver has not met 1 or more goals in the 
plan and the failure to meet the goals may be corrected through reasonable modification of 
the plan, the commissioner may amend the turnaround plan, as necessary. After assessing 
the implementation of the turnaround plan in the district, the commissioner may amend the 
plan if the commissioner determines that the amendment is necessary in view of subsequent 
changes in the district that affect 1 or more components of the plan, including, but not limited 
to, changes to contracts, collective bargaining agreements, or school district policies, in 
manner consistent with the provisions of subsection (d). If the commissioner determines that 
the receiver has substantially failed to meet multiple goals in the turnaround plan, the 
commissioner may terminate such receiver; provided, however, that the termination shall not 
occur before the completion of the first full school year of the receivership of the district. 

(i) After the period of receivership, there shall be a reevaluation of a district's status 
under this section. The board of elementary and secondary education shall adopt regulations 
providing for: (1) the removal of a designation of a district as chronically underperforming; 
and (2) the transfer of the operation of a chronically underperforming district from an 
external receiver to the superintendent and school committee, based on the improvement of 
the district. The regulations shall include provisions to allow a district to retain measures 
adopted in a turnaround plan for a transitional period if, in the judgment of the 
commissioner, the measures would contribute to the continued improvement of the district. 
Such regulations shall also include provisions that clearly identify the conditions under which 
such a transitional period shall end and the powers granted to the commissioner and board 
under this section shall cease to apply to a district previously designated as chronically 
underperforming. At any time after a chronically underperforming district has been placed 
in receivership, the school committee of the district may petition the commissioner for a 
determination as to whether the turnaround plan adopted under subsection (b) should be 
modified or eliminated and whether the school district shall no longer be designated as 
chronically underperforming. The decision of the commissioner shall be based on 
regulations adopted by the board. A school committee may seek review by the board of 
elementary and secondary education of an adverse determination. 

(j) If, on the basis of the regulations adopted by the board pursuant to subsection (h), 
a district has not improved sufficiently to remove the designation of the district as chronically 
underperforming, the commissioner may: (1) jointly determine subsequent annual goals for 
each component of the turnaround plan with the receiver and renew the turnaround plan for 



28 



Chap. 12 

an additional period of not more than 3 years; or (2) create a new turnaround plan, consistent 
with the requirements of this section. 

(k) If a municipality has failed to fulfill its fiscal responsibilities pursuant to chapter 
70, the commissioner may declare the school district as chronically underperforming, subject 
to the approval of the board. The municipality's mayor or chairman of the board of 
selectmen shall have the opportunity to present evidence to the board. A vote by the board 
that a school district is chronically underperforming for fiscal reasons shall authorize the 
commissioner to petition the commissioner of revenue to require an increase in funds for the 
school district, alleging that the amount necessary in the municipality for the support of 
public schools has not been included in the annual budget appropriations. The commissioner 
of revenue shall determine the amount of any deficiency pursuant to the sums required 
pursuant to chapter 70, if any, and issue an order compelling the municipality to provide a 
sum of money equal to such deficiency. If the municipality does not provide a sum of money 
equal to such deficiency, the commissioner of revenue, pursuant to section 23 of chapter 59, 
shall not approve the tax rate of the municipality for the fiscal year until the deficiency is 
alleviated. Nothing in this subsection shall be construed as creating a cause of action for 
educational malpractice by students or their parents, guardians or persons acting as parents. 

If the district is designated as chronically underperforming pursuant to this 
subsection, the provisions of this subsection shall supersede those in subsections (a) to (j), 
inclusive. 

SECTION 4. Subsection (b) of section 15 of chapter 70B of the General Laws, as 
so appearing, is hereby amended by adding the following paragraph:- 

Before the sale or lease of an assisted structure or facility or a portion of that structure 
or facility, the school district in control of the structure or facility shall submit to the 
authority a district-wide school facility use plan that shall include, but not be limited to, a 
listing of all school facilities under the control of the school district, a detailed description 
of both the current use and proposed use of each school facility, the most recent enrollment 
data, by school facility, then available to the school district, a detailed floor plan of each 
school facility that shows and labels each space in the facility and whether it is used as a 
classroom or has some other use and any other information that may be required by the 
authority to understand the district' s school facility use plan. If the plan includes the closure, 
sale or lease of a school facility or any part of a school facility, the authority may conduct, 
with the full cooperation of the district, an analysis of district- wide enrollment capacity and 
future enrollment trends for the district. If the capacity analysis and enrollment projection 
indicate an extended period of significant excess capacity within the district's educational 
facilities, the district may, prior to consideration of any other disposition of the identified 
excess capacity, make a good faith offer to sell or lease at fair market value the identified ex- 
cess capacity to a commonwealth charter school established pursuant to section 89 of chapter 
71 or an applicant for a commonwealth charter school pursuant to said section 89 of said 
chapter 71 that serves or is seeking to serve students who live in the school district. The au- 



29 



Chap. 12 

thority shall not recapture commonwealth and authority assistance for any such excess 
capacity that is sold or leased to a commonwealth charter school or applicant for a 
commonwealth charter school. 

SECTION 5. Section 2 of chapter 7 1 of the General Laws, as so appearing, is hereby 
amended by inserting after the word "government", in line 4, the following words:- and a 
program relating to the flag of the United States of America, including, but hot limited to, 
proper etiquette, the correct use and display of the flag ,the importance of participation in the 
electoral process and the provisions of 36 U.S.C. 1 70 to 1 77, inclusive. 

SECTION 6. Section 61 of said chapter 71 , as so appearing, is hereby amended by 
adding the following paragraph :- 

A town may terminate its participation in a union by a majority vote of the school 
committee of the town; provided, however, that said termination shall only be for the purpose 
of forming an innovation school pursuant to section 92 or establishing different school 
governance structures. Termination shall be independent of any pending votes regarding 
dissolution of the union or pending votes by another town regarding its participation. 

SECTION 7. Said chapter 71 is hereby further amended by striking out section 89, 
as so appearing, and inserting in place thereof the following section:- 

Section 89. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meanings:- 

"Board", the board of elementary and secondary education. 

"Charter school", commonwealth charter schools and Horace Mann charter schools 
unless specifically stated otherwise. 

"Commissioner", the commissioner of elementary and secondary education. 

"Department", the department of elementary and secondary education. 

"District", or "school district", the school department of a city, town, regional school 
district, or county agricultural school. 

"Superintendent", the superintendent of the district. 

(b) The purposes of establishing charter schools are: (i) to stimulate the development 
of innovative programs within public education; (ii) to provide opportunities for innovative 
learning and assessments; (iii) to provide parents and students with greater options in 
selecting schools within and outside their school districts; (iv) to provide teachers with a 
vehicle for establishing schools with alternative, innovative methods of educational 
instruction and school structure and management; (v) to encourage performance-based 
educational programs; (vi) to hold teachers and school administrators accountable for 
students' educational outcomes; and (vii) to provide models for replication in other public 
schools. 

(c) A commonwealth charter school shall be a public school, operated under a charter 
granted by the board, which operates independently of a school committee and is managed 
by a board of trustees. The board of trustees of a commonwealth charter school, upon 
receiving a charter from the board, shall be deemed to be public agents authorized by the 
commonwealth to supervise and control the charter school. 



30 



Chap. 12 

A Horace Mann charter school shall be a public school or part of a public school 
operated under a charter approved by the school committee and the local collective 
bargaining unit in the district in which the school is located; provided that all charters shall 
be granted by the board of elementary and secondary education. A Horace Mann charter 
school shall have a memorandum of understanding with the school committee of the district 
in which the charter school is located which, at a minimum, defines the services and facilities 
to be provided by the district to the charter school and states the funding of the charter school 
by the district. A Horace Mann charter school established as a conversion of an existing 
public school shall not require approval of the local collective bargaining unit, but shall 
require a memorandum of understanding agreement regarding any waivers to applicable 
collective bargaining agreements; provided further, that the memorandum of understanding 
shall be approved by a majority of the school faculty; provided further, that Horace Mann 
charter schools that are conversion of existing public schools shall not be subject to clause 
(1) of subsection (i). A vote by the school faculty shall be held and finalized within 30 days 
of submission of the charter school application to the board of elementary and secondary 
education. A Horace Mann charter school shall be operated and managed by a board of 
trustees independent of the school committee which approved the school. The board of 
trustees may include a member of the school committee. 

(d) Persons or entities eligible to submit an application to establish a charter school 
shall include, but not be limited to: (i) a non-profit business or corporate entity; (ii) 2 or more 
certified teachers; or (iii) 10 or more parents; provided, however, that for profit business or 
corporate entities shall be prohibited from applying for a charter. The application may be 
filed in conjunction with a college, university, museum or other similar non-profit entity. 
Private and parochial schools shall not be eligible for charter school status. The board may 
authorize a single board of trustees to manage more than 1 charter school; provided, 
however, that each school is issued its own charter. The commissioner shall provide 
technical assistance to public school districts to assist in the development of proposals for 
Horace Mann charter schools. 

(e) The board shall establish the information needed in an application for the 
approval of a charter school; provided that the application shall include, but not be limited 
to, a description of: (i) the mission, purpose, innovation and specialized focus of the 
proposed charter school; (ii) the innovative methods to be used in the charter school and how 
they differ from the district or districts from which the charter school is expected to enroll 
students; (iii) the organization of the school by ages of students or grades to be taught, an 
estimate of the total enrollment of the school and the district or districts from which the 
school will enroll students; (iv) the method for admission to the charter school; (v) the 
educational program, instructional methodology and services to be offered to students, 
including research on how the proposed program may improve the academic performance 
of the subgroups listed in the recruitment and retention plan; (vi) the school's capacity to 
address the particular needs of limited English-proficient students, if applicable, to learn 
English and learn content matter, including the employment of staff that meets the criteria 



31 



Chap. 12 

established by the department; (vii) how the school shall involve parents as partners in the 
education of their children; (viii) the school governance and bylaws; (ix) a proposed 
arrangement or contract with an organization that shall manage or operate the school, 
including any proposed or agreed upon payments to such organization; (x) the financial plan 
for the operation of the school; (xi) the provision of school facilities and pupil transportation; 
(xii) the number and qualifications of teachers and administrators to be employed; (xiii) 
procedures for evaluation and professional development for teachers and administrators; 
(xiv) a statement of equal educational opportunity which shall state that charter schools shall 
be open to all students, on a space available basis, and shall not discriminate on the basis of 
race, color, national origin, creed, sex, ethnicity, sexual orientation, mental or physical 
disability, age, ancestry, athletic performance, special need, proficiency in the English 
language or academic achievement; (xv) a student recruitment and retention plan, including 
deliberate, specific strategies the school will use to ensure the provision of equal educational 
opportunity as stated in clause (xiv) and to attract, enroll and retain a student population that, 
when compared to students in similar grades in schools from which the charter school is 
expected to enroll students, contains a comparable academic and demographic profile; and 
(xvi) plans for disseminating successes and innovations of the charter school to other 
non-charter public schools. 

(f) The student recruitment and retention plan required under clause (xv) of 
subsection (e) shall include, but not be limited to, a detailed description of deliberate, 
specific strategies the school will use to maximize the number of students who successfully 
complete all school requirements and prevent students from dropping out. The student 
recruitment and retention plan shall be updated annually and shall include annual goals for: 
(i) recruitment activities; (ii) student retention activities; and (iii) student retention. 

(g) To ensure that a commonwealth charter school shall fulfill its obligations under 
its recruitment and retention plan, the school district or districts from which the 
commonwealth charter school is expected to enroll students shall annually provide, at the 
request of a commonwealth charter school, to a third party mail house authorized by the 
department, the addresses for all students in the district eligible to enroll in the school, unless 
a student's parent or guardian requests that the district withhold that student's information; 
provided, however, that the department may require the charter school to send the mailing 
in the most prevalent languages of the district or districts that the charter school is authorized 
to serve. 

At the request of a school district from which a commonwealth charter school enrolls 
students, the charter school shall provide to a third party mail house the addresses for all 
students currently enrolled in the commonwealth charter school from the district; provided, 
however, that the information shall not be provided if a student's parent or guardian requests 
that the school withhold that student' s information. Each district shall be permitted to supply 
a mailing to the third party mail house and pay for it to be copied and mailed to families of 
students from said district enrolled in the commonwealth charter school. 



32 



Chap. 12 

(h) An application submitted for the establishment of a commonwealth charter 
school shall: (i) be submitted to the board for approval under this section; and (ii) be filed 
with the local school committee for each school district from which the charter school is 
expected to enroll students. Before final approval to establish a commonwealth charter 
school, the board shall hold a public hearing on the application in the school district in which 
the proposed charter school is to be located and solicit and review comments on the 
application from the local school committee of each school district from which the charter 
school is expected to enroll students and any contiguous districts. At least 1 member of the 
board shall attend the public hearing. A comprehensive written summary of all materials 
prepared by the department or its administrative subdivisions, which evaluates or 
recommends approval or disapproval of a charter application must be delivered to the 
members of the board, the applicant, in support of, or in opposition to, the school submitted 
not later than 3 days before any board vote on the charter application. 

All material in support of, or in opposition to, the school submitted to the department 
or the board shall be made available to the applicant and affected school districts before a 
vote by the board on a commonwealth charter school application. 

(i) (1) Not more than 120 charter schools shall be allowed to operate in the 
commonwealth at any time, excluding those approved pursuant to paragraph (3); provided, 
however, that of the 120 charter schools, not more than 48 shall be Horace Mann charter 
schools; provided, however, notwithstanding subsection (c) the 1 4 new Horace Mann charter 
schools shall not be subject to the requirement of an agreement with the local collective 
bargaining unit prior to board approval; provided, further, that after the charter for these 14 
new Horace Mann charter schools have been granted by the board, the schools shall develop 
a memorandum of understanding with the school committee and the local union regarding 
any waivers to applicable collective bargaining agreements; provided, further, that if an 
agreement is not reached on the memorandum of understanding at least 30 days before the 
scheduled opening of the school, the charter school shall operate under the terms of its 
charter until an agreement is reached; provided, further, that not less 4 of the new Horace 
Mann charter schools shall be located in a municipality with more than 500,000 residents; 
and not more than 72 shall be commonwealth charter schools. The board shall not approve 
a new commonwealth charter school in any community with a population of less than 30,000 
as determined by the most recent United States Census estimate, unless it is a regional 
charter school. 

Applications to establish a charter school shall be submitted to the board annually 
by November 1 5 . The board shall review the applications and grant new charters in February 
of the following year. 

(2) In any fiscal year, no public school district's total charter school tuition payment 
to commonwealth charter schools shall exceed 9 per cent of the district's net school spending; 
provided, however, that a public school district's total charter tuition payment to 
commonwealth charter schools shall not exceed 18 per cent of the district's net school 
spending if the school district qualifies under paragraph (3). The commonwealth shall incur 



33 



Chap. 12 

charter school tuition payments for siblings attending commonwealth charter schools to the 
extent that their attendance would otherwise cause the school district's charter school tuition 
payments to exceed 9 per cent of the school district's net school spending or 1 8 per cent for 
those districts that qualify under said paragraph (3). 

Not less than 2 of the new commonwealth charters approved by the board in any year 
shall be granted for charter schools located in districts where overall student performance on 
the statewide assessment system approved by the board under section II of chapter 69 is in 
the lowest 10 per cent statewide in the 2 years preceding the charter application. 

In any fiscal year, the board shall approve only 1 regional charter school application 
of any commonwealth charter school located in a school district where overall student 
performance on the statewide assessment system is in the top 10 per cent in the year 
preceding charter application. The board may give priority to applicants that have 
demonstrated broad community support, an innovative educational plan, a demonstrated 
commitment to assisting the district in which it is located in bringing about educational 
change and a record of operating at least 1 school or similar program that demonstrates 
academic success and organizational viability and serves student populations similar to those 
the proposed school seeks to serve. 

(3) In any fiscal year, if the board determines based on student performance data 
collected pursuant to section II, said district is in the lowest 10 per cent of all statewide 
student performance scores released in the 2 consecutive school years before the date the 
charter school application is submitted, the school district's total charter school tuition 
payment to commonwealth charter schools may exceed 9 per cent of the district's net school 
spending but shall not exceed 1 8 per cent. For a district qualifying under this paragraph 
whose charter school tuition payments exceed 9 per cent of the school district's net school 
spending, the board shall only approve an application for the establishment of a 
commonwealth charter school if an applicant, or a provider with which an applicant proposes 
to contract, has a record of operating at least 1 school or similar program that demonstrates 
academic success and organizational viability and serves student populations similar to those 
the proposed school seeks to serve, from the following categories of students, those: (i) 
eligible for free lunch; (ii) eligible for reduced price lunch; (iii) that require special 
education; (iv) limited English-proficient of similar language proficiency level as measured 
by the Massachusetts English Proficiency Assessment examination; (v) sub-proficient, which 
shall mean students who have scored in the "needs improvement", "warning" or "failing" 
categories on the mathematics or English language arts exams of the Massachusetts 
Comprehensive Assessment System for 2 of the past 3 years or as defined by the department 
using a similar measurement; (vi) who are designated as at risk of dropping out of school 
based on predictors determined by the department; (vii) who have dropped out of school; or 
(viii) other at-risk students who should be targeted to eliminate achievement gaps among 
different groups of students. For a district approaching its net school spending cap, the board 
shall give preference to applications from providers building networks of schools in more 
than 1 municipality. 



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Chap. 12 

The recruitment and retention plan of charter schools approved under this paragraph 
shall, in addition to the requirements under subsections (e) and (f), include, but not limited 
to: (i) a detailed description of deliberate, specific strategies the charter school shall use to 
attract, enroll and retain a student population that, when compared to students in similar 
grades in schools from which the charter school shall enroll students, contains a comparable 
or greater percentage of special education students or students who are limited 
English-proficient of similar language proficiency as measured by the Massachusetts English 
Proficiency Assessment examination and 2 or more of the following categories: students 
eligible for free lunch; (ii) students eligible for reduced price lunch; students who are 
sub-proficient, those students who have scored in the "needs improvement", "warning" or 
"failing" categories on the mathematics or English language arts exams of the Massachusetts 
Comprehensive Assessment System for 2 of the past 3 years or as defined by the department 
using a similar measurement; (iii) students who are determined to be at risk of dropping out 
of school based on predictors determined by the department; (iv) students who have dropped 
out of school; or (v) other at-risk students who should be targeted in order to eliminate 
achievement gaps among different groups of students. A charter school approved under this 
section shall supply a mailing in the most prevalent languages of the district the charter is 
authorized to serve to a third party mail house and pay for it to be copied and mailed to 
eligible students. If a school is or shall be located in a district with 10 per cent or more of 
limited English-proficient students, the recruitment strategies shall include a variety of 
outreach efforts in the most prevalent languages of the district. The recruitment and retention 
plan shall be updated each year to account for changes in both district and charter school 
enrollment. 

If a district is no longer in the lowest 10 per cent, the net school spending cap shall 
be 9 per cent, unless the district net school spending was above 9 per cent in the year prior 
to moving out of the lowest 10 per cent in which case the net school spending cap shall 
remain at the higher level plus enrollment previous approved by the board. The department 
shall determine and make available to the public a list of the school districts in said lowest 
10 per cent. 

(j) The board shall make the final determination on granting charter school status and 
may condition charters on the applicant's taking certain actions or maintaining certain 
conditions. The board shall establish criteria for the approval of a charter application and 
recommendations to the board shall be based upon and reference those criteria. 

If a final application is deemed inadequate by the department, the department may 
provide feedback to the applicant and invite it to submit a stronger application subsequently. 
Once a final application has been filed, only minor, non-substantive amendments shall be 
allowed. The department shall maintain a written detailed summary of interviews it conducts 
with final charter applicants and include that summary with the final application materials 
that are provided to the board, local school officials and the public. 

(k) A charter school established under a charter granted by the board shall be a body 



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Chap. 12 

politic and corporate with all powers necessary or desirable for carrying out its charter 
program, including, but not limited to, the power to: 

(1) adopt a name and corporate seal; provided that any name selected must include 
the words "charter school"; 

(2) sue and be sued, but only to the same extent and upon the same conditions that 
a municipality can be sued; 

(3) acquire real property, from public or private sources, by lease, lease with an 
option to purchase or by gift, for use as a school facility; provided, however, in the case of 
a Horace Mann charter school, the approval of the local school committee shall be obtained 
before acquisition of any such real property owned or controlled by the body; 

(4) receive and disburse funds for school purposes; 

(5) make contracts and leases for the procurement of services, equipment and 
supplies; provided, however, that if the charter school intends to procure substantially all 
educational services under contract with another person, the terms of such a contract must 
be approved by the board either as part of the original charter or by way of an amendment 
thereto; provided, further that the board shall not approve any such contract terms, the 
purpose or effect of which is to avoid the prohibition of this section against charter school 
status for private and parochial schools; 

(6) incur temporary debt in anticipation of receipt of funds; provided that a Horace 
Mann school shall obtain the approval of the local school committee and appropriate local 
appropriating authorities and officials relative to any proposed lien or encumbrance upon 
public school property or relative to any financial obligation for which the local school 
district shall become legally obligated; and provided further, that notwithstanding any 
general or special law to the contrary, the terms of repayment of any charter school's debt 
shall not exceed the duration of the school's charter without the approval of the board; 

(7) solicit and accept grants or gifts for school purposes; and 

(8) have such other powers available to a business corporation formed under chapter 
156B that are not inconsistent with this chapter. 

(1) Charter schools shall not charge a public school for the use or replication of a part 
of their curriculum subject to the prescriptions of a contract between the charter schools and 
any third party providers. 

(m) Charter schools shall be open to all students, on a space available basis, and shall 
not discriminate on the basis of race, color, national origin, creed, sex, ethnicity, sexual 
orientation, mental or physical disability, age, ancestry, athletic performance, special need, 
or proficiency in the English language or a foreign language or academic achievement. 
Charter schools may limit enrollment to specific grade levels and may structure curriculum 
around particular areas of focus such as mathematics, science or the arts. There shall be no 
application fee for admission to a charter school. There shall be no tuition charge for 
students attending charter schools. 

(n) Preference for enrollment in a commonwealth charter school shall be given to 
students who reside in the city or town in which the charter school is located. Priority for en- 



36 



Chap. 12 

rollment in a Horace Mann charter school shall be given first to students actually enrolled 
in the school on the date that the application is filed with the board and to their siblings; 
second to other students actually enrolled in the public schools of the district where the 
Horace Mann charter school is to be located; and third to other resident students. 

If the total number of students who are eligible to attend and apply to a charter school 
and who reside in the city or town in which the charter school is located or are siblings of 
students already attending said charter school, is greater than the number of spaces available, 
an admissions lottery, including all eligible students applying, shall be held to fill all of the 
spaces in that school from among the students. If there are more spaces available than 
eligible applicants from the city or town in which the charter school is located and who are 
siblings of current students and more eligible applicants than spaces left available, a lottery 
shall be held to determine which of the applicants shall be admitted; provided, however, that 
a lottery conducted for Horace Mann charter schools shall reflect the enrollment priorities 
of this section. Notwithstanding this subsection, upon application by the board of trustees 
of a charter school or by the persons or entities seeking to establish a charter school, the 
board may amend or grant a charter designating such school a regional charter school; 
provided, however, that such regional charter school shall be exempt from the local 
preference provision of this paragraph; provided further, that such regional charter school 
shall continue to grant a preference of siblings of currently enrolled students; and provided 
further, that if the number of applicants remaining is greater than the number of spaces 
available, such regional charter school shall conduct a single lottery to determine which 
applicants shall be admitted. 

In any instance where a charter school approved after January 1, 201 1 enrolls more 
than 20 per cent of its total enrollment from school districts not included in its original 
charter pursuant to subsection (h) for 2 consecutive years, the charter school shall submit an 
application to the board for an amendment to its charter that reflects its actual enrollment 
patterns; provided further that upon renewal of a charter school approved prior to January 1 , 
201 1, the board shall establish a timeline of not less than 5 years for the charter to comply 
with this requirement. 

Nothing in this section shall be construed to require a charter school to unenroll any 
student currently in attendance at the time this act takes effect. 

When a student stops attending a charter school for any reason, the charter school 
shall fill the vacancy with the next available student on the waitlist for the grade in which the 
vacancy occurs and shall continue through the waitlist until a student fills the vacant seat. 
If there is no waitlist, a charter school shall publicize an open seat to the students of the 
sending district or districts and make attempts to fill said vacant seat. Charter schools shall 
attempt to fill vacant seats up to February 15, provided, however, that charter schools may 
but are not required to fill vacant after February 15. If a vacancy occurs after February 15, 
such vacancy shall remain with the grade cohort and shall be filled in the following 
September if it has not previously been filled. A vacancy occurring after February 15 shall 



37 



Chap. 12 

not be filled by adding a student to a lower grade level. Charter schools shall attempt to fill 
vacant seats up to February 15, excluding seats in the last half of the grades offered by the 
charter school, and grades 10, 11 and 12. Within 30 days of a vacancy being filled, the 
charter school shall send the name of the student filling such vacancy to the department for 
the purposes of the department updating its waitlist. 

The names of students who entered the lottery but did not gain admission shall be 
maintained on a waitlist, which shall be forwarded to the department not later than June 1 
in the year in which the lottery is held. In addition to the names of students, the school shall 
supply to the department each student's home address, telephone number, grade level and 
other information the department deems necessary. The department shall maintain a 
consolidated waitlist for each municipality in order to determine the number of individual 
students in each municipality seeking admission to charter schools. 

(o) Each charter school shall annually, not later than April 1, notify each public 
school district in writing of the number and grade levels of students who will be attending 
the charter school from that district the following September as well as the number of new 
students who will be transferring from that district to the charter school in the following 
September. Tuition for charter school students shall only be paid for the number of students 
for whom notification has been reported by April 1 . Tuition for charter school students shall 
be paid only for students actually enrolled in the school. 

(p) A student may withdraw from a charter school at any time and enroll in another 
public school where the student resides. 

A student may be expelled from a charter school based on criteria determined by the 
board of trustees, and approved by the board, with the advice of the principal and teachers; 
provided, however, that charter school policies shall be consistent with sections 37H and 
37H!/ 2 . 

(q) A charter school may be located in part of an existing public school building, in 
space provided on a private work site, in a public building or any other suitable location; 
provided, however, that no school building assistance funds authorized under chapter 70B 
shall be awarded to a commonwealth charter school for the purpose of constructing, 
reconstructing or improving a commonwealth charter school. 

(r) The school committee of each district where a Horace Mann charter school is 
located shall develop a plan to disseminate innovative practices of the charter school to other 
public schools within the district subject to the provisions of any contract between the 
Horace Mann charter school and any third party provider. 

The commissioner shall facilitate the dissemination of successful innovation 
programs of charter schools and provide technical assistance for other school districts to 
replicate such programs. Each charter school shall collaborate with its sending district on 
the sharing of innovative practices. 

(s) A charter school shall operate in accordance with its charter and the provisions 
of law regulating other public schools; provided, however, that sections 41 and 42 shall not 
apply to employees of commonwealth charter schools. Charter schools shall comply with 



38 



Chap. 12 

the chapters 7 1 A and 7 1 B ; provided, however, that the fiscal responsibility of a special needs 
student currently enrolled in or determined to require a private day or residential school shall 
remain with the school district where the student resides. If a charter school expects that a 
special needs student currently enrolled in the charter school may be in need of the services 
of a private day or residential school, it shall convene an individual education plan team 
meeting for the student. Notice of the team meeting shall be provided to the special 
education department of the school district in which the child resides at least 5 days in 
advance. Personnel from the school district in which the child resides shall be allowed to 
participate in the team meeting concerning future placement of the child. 

(t) Horace Mann charter schools shall be exempt from local collective bargaining 
agreements to the extent provided by the terms of its charter; provided, however, that 
employees of the Horace Mann charter school shall continue to be members of the local 
collective bargaining unit and shall accrue seniority and shall receive, at a minimum, the 
salary and benefits established in the contract of the local collective bargaining unit where 
the Horace Mann charter school is located. Employees of Horace Mann charter schools shall 
be exempt from all union and school committee work rules to the extent provided by the 
school's charter. Employees in Horace Mann charter schools shall be required to work the 
full work day and work year to the extent provided by the terms of the school's charter. 

(u) Notwithstanding this section or any other general or special law to the contrary, 
for the purposes of chapter 268 A: (i) a charter school shall be deemed to be a state agency; 
and (ii) the appointing official of a member of the board of trustees of a charter school shall 
be deemed to be the commissioner. Members of boards of trustees of charter schools 
operating under the this section shall file a disclosure annually with the state ethics 
commission, the department and the city or town clerk wherein such charter school is 
located. The disclosure is in addition to the requirements of said chapter 268A and a 
member of a board of trustees must also comply with the disclosure and other requirements 
of said chapter 268A. The form of the disclosure shall be prescribed by the ethics 
commission and shall be signed under penalty of perjury. Such form shall be limited to a 
statement in which members of the board of trustees shall disclose any financial interest that 
they or a member of their immediate families, as defined in section 1 of said chapter 268 A, 
have in any charter school located in the commonwealth or in another state or with a person 
doing business with a charter school. 

Each member of a board of trustees of a charter school shall file such disclosure for 
the preceding calendar year with the commission within 30 days of becoming a member of 
the board of trustees, by September 1 of each year thereafter that the person is a member of 
the board and by September 1 of the year after the person ceases to be a member of the 
board; provided, however, that no member of a board of trustees shall be required to file a 
disclosure for the year in which he ceases to be a member of the board if he served less than 
30 days in that year. 



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Chap. 12 

(v) Students in charter schools shall be required to meet the same performance 
standards, testing and portfolio requirements set by the board for students in other public 
schools. 

(w) The board of trustees, in consultation with the teachers, shall determine the 
school's curriculum and develop the school's annual budget. The board of trustees of each 
Horace Mann charter school shall annually submit to the superintendent and school 
committee of the district in which the school is located a budget request for the following 
fiscal year. The school committee shall act on the budget request in conjunction with its 
actions on the district's overall budget. Each Horace Mann charter school shall receive in 
response to the budget request not less than it would have under the district's budgetary 
allocation rules. The board of trustees may appeal any disproportionate budgetary allocation 
to the commissioner, who shall determine an equitable funding level for the school and shall 
require the school committee to provide the funding. 

Following the appropriation of the district's operating budget for the fiscal year, the 
amount approved by the local appropriating authority for the operation of each Horace Mann 
charter school shall be available for expenditure by the board of trustees of the school for any 
lawful purpose without further approval by the superintendent or the school committee. A 
Horace Mann charter school shall not expend or incur obligations in excess of its budget 
request; provided, however, that a Horace Mann charter school may spend federal and state 
grants and other funds received independent of the school district not accounted for in the 
charter school's budget request without prior approval from the superintendent or the school 
committee. 

(x) Upon approval of a Horace Mann charter school by the board, the superintendent 
where the Horace Mann charter school is to be located shall reassign, to the extent provided 
by the terms of its charter, any faculty member who wishes to be reassigned to another school 
located within the district. 

(y) Employees of charter schools shall be considered public employees for purposes 
of tort liability under chapter 258 and for collective bargaining purposes under chapter 1 50E. 
The board of trustees shall be considered the public employer for purposes of tort liability 
under said chapter 258 and for collective bargaining purposes under said chapter 150E; 
provided, however, that in the case of a Horace Mann charter school, the school committee 
of the school district in which the Horace Mann charter school is located shall remain the 
employer for collective bargaining purposes under said chapter 1 50E. Teachers employed 
by a charter school shall be subject to the state teacher retirement system under chapter 32 
and service in a charter school shall be creditable service within the meaning thereof. 

A charter school shall recognize an employee organization designated by the author- 
ization cards of 50 per cent of its employees in the appropriate bargaining unit as the 
exclusive representative of all the employees in such unit for the purpose of collective 
bargaining. 

(z) Each local school district shall be required to grant a leave of absence to any 
teacher in the public schools system requesting such leave to teach in a commonwealth chart- 



40 



Chap. 12 

er school. A teacher may request a leave of absence for up to 2 years. 

At the end of the second year, the teacher may either return to his former teaching 
position or, if he chooses to continue teaching at the commonwealth charter school, resign 
from his school district position. 

(aa) Notwithstanding section 59C, the internal form of governance of a charter 
school shall be determined by the school's charter. 

(bb) A charter school shall comply with all applicable state and federal health and 
safety laws and regulations. 

(cc) The students who reside in the school district in which the charter school is 
located shall be provided transportation to the charter school by the resident district's school 
committee on similar terms and conditions as transportation is provided to students attending 
local district schools if the transportation is requested by the charter school. In providing the 
transportation, the school committee shall accommodate the particular school day and school 
year of the charter school; provided, however, that in the event that a school committee limits 
transportation for district school students, the school district shall not be required to provide 
transportation to any commonwealth charter school beyond the limitations. A charter school 
and the sending district shall meet to plan bus routes and charter school starting and ending 
times in order to assist the district with cost effective means of transportation. Schools 
operating under a charter granted after January 1, 1997, and all charter schools operating 
during fiscal year 1999 and thereafter, shall not receive funds for transportation above the 
amount actually required by such charter school for the provision of transportation services 
to eligible students. If the sending district provides an alternative method of transportation 
for students enrolled in the sending district's public schools, it shall not be assessed for 
transportation costs which exceed the per pupil cost of said alternative. Costs for 
transportation shall be included only if transportation is provided for students in the same 
program and grade level as those in the charter school. Students who do not reside in the 
district in which the charter school is located shall be eligible for transportation in ac- 
cordance with section 12B of chapter 76. A regional charter school as designated by the 
board, and whose charter provides for transportation of all students from charter 
municipalities shall also be reimbursed by the commonwealth under section 16C of chapter 
71 for transportation provided to pupils residing outside the municipality where the charter 
school is located, but no reimbursement for transportation between the charter school and 
home shall be made on account of any pupil who resides less than 1 .5 miles from the charter 
school, measured by a commonly traveled route. If a charter school provides its own 
transportation, the school shall coordinate and collaborate with the sending district to provide 
cost effective means of transportation. All such transportation shall be determined in 
advance of the approval of the district's final budget for a fiscal year; provided, however, that 
a commonwealth charter school shall be required to determine such transportation in the first 
year of its operation as soon as practicable. 

(dd) A charter granted by the board shall be for 5 years. The board shall develop 
procedures and guidelines for revocation and renewal of a school's charter; provided, how- 



41 



Chap. 12 

ever, that a charter for a Horace Mann charter school shall not be renewed by the board 
without a majority vote of the school committee and local collective bargaining unit in the 
district where said charter school is located; provided, however, that a commonwealth charter 
shall not be renewed unless the board of trustees of the charter school has documented in a 
manner approved by the board that said commonwealth charter school has provided models 
for replication and best practices to the commissioner and to other public schools in the 
district where the charter school is located. 

When deciding on charter renewal, the board shall consider progress made in student 
academic achievement, whether the school has met its obligations and commitments under 
the charter, the extent to which the school has followed its recruitment and retention plan by 
using deliberate, specific strategies towards recruiting and retaining the categories of students 
enumerated in paragraph (3) of subsection (i) and the extent to which the school has 
enhanced its plan as necessary. The board may impose conditions on the charter school upon 
renewal if it fails to adhere to and enhance its recruitment and retention plan as required. 
When deciding on charter renewal, the board shall take into account the annual attrition of 
students. The board shall also consider innovations that have been successfully implemented 
by the charter school and the evidence that supports the effectiveness of these practices. 
Upon renewal of its charter, a school shall update and enhance its recruitment and retention 
plan as necessary to account for changes in enrollment. 

(ee) The board may revoke a school's charter if the school has not fulfilled any 
conditions imposed by the board in connection with the grant of the charter or the school has 
violated any provision of its charter. The board may place conditions on a charter or may 
place a charter school on a probationary status to allow the implementation of a remedial 
plan after which, if said plan is unsuccessful, the charter may be summarily revoked. 

(ff) Commonwealth charter schools shall be funded as follows: the commonwealth 
shall pay a tuition amount to the charter school, which shall be the sum of the tuition 
amounts calculated separately for each district sending students to the charter school. Tuition 
amounts for each sending district shall be calculated by the department using the formula set 
forth herein, to reflect, as much as practicable, the actual per pupil spending amount that 
would be expended in the district if the students attended the district schools. The tuition 
amount shall be calculated separately for each district sending students to a charter school, 
and for each charter school to which a district sends students. Each district's per pupil tuition 
amount for each charter school to which it sends students shall include a per pupil foundation 
budget component, adjusted to reflect the actual net school spending in the sending district. 

In calculating the per pupil foundation budget component, the department shall 
calculate a foundation budget for the students from each sending district attending the charter 
school in the previous fiscal year, pursuant to the provisions of section 2 of chapter 70; 
provided, that the department shall not include in said calculation the assumed tuitioned-out 
special education enrollment, nor any amounts generated by said assumed enrollment, as 
defined by said section 2. The per pupil foundation budget component shall be the district's 
foundation budget for the charter school, as so calculated, divided by the number of students 



42 



Chap. 12 

attending the charter school from the sending district in the previous fiscal year. The per 
pupil foundation budget component shall be calculated separately for each charter school to 
which a district sends students. The foundation budget for a charter school shall be the sum 
of the foundation budgets for the charter school for each district sending students to the 
charter school. 

In adjusting the per pupil foundation budget component, the department shall 
calculate for each sending district an above foundation spending percentage, which shall be 
the percentage by which the district's actual net school spending exceeds the foundation 
budget for the district, as calculated pursuant to the provisions of chapter 70. The department 
shall further calculate the percentage of actual net school spending reported by the sending 
district associated with tuition costs for tuitioned-out special education students, including 
education that occurs in educational collaboratives, and with spending on health care costs 
for retired employees, for any district for which such costs are included in net school 
spending, and shall reduce the district's above foundation spending percentage 
proportionately. The per pupil foundation budget component for each charter school to 
which the sending district sends students shall be increased by said adjusted above 
foundation spending percentage. 

The total tuition amount owed by a sending district to a charter school shall be the 
per pupil tuition amount as defined above, multiplied by the total number of students 
attending the charter school from that district in the current fiscal year. The sending district's 
total charter school tuition amount for purposes of the following paragraphs shall be the sum 
of the district's tuition amounts for each charter school to which the district sends students, 
calculated using the provisions of this section. The receiving charter school's total charter 
school tuition amount shall be the sum of the tuition amounts calculated for the charter 
school for each district sending students to the charter school. 

If a charter school student previously attended a private or parochial school or was 
home schooled, the commonwealth shall assume the first year cost for that student and shall 
not reduce the sending district's chapter 70 aid for that student's tuition in that fiscal year. 

The state treasurer is hereby authorized and directed to deduct a district's total charter 
school tuition amount, as calculated herein, from the total state school aid, as defined in 
section 2 of said chapter 70, of the district in which the student resides prior to the 
distribution of said aid. In the case of a child residing in a municipality which belongs to a 
regional school district, the charter school tuition amount shall be deducted from said chapter 
70 education aid of the school district appropriate to the grade level of the child. If, in a 
single district, the total of all such deductions exceeds the total of said education aid, this 
excess amount shall be deducted from other aid appropriated to the city or town. If, in a 
single district, the total of all such deductions exceeds the total state aid appropriated, the 
commonwealth shall appropriate this excess amount; provided, however, that if said district 
has exempted itself from the provisions of said chapter 70 by accepting section 14 of said 
chapter 70, the commonwealth shall assess said district for said excess amount. 



43 



Chap. 12 

The state treasurer is hereby further authorized and directed to disburse to the charter 
school an amount equal to the charter school's total charter school tuition amount as defined 
above. 

If more than 1 charter school is managed by a single network or board of trustees, 
funding shall not be transferred among individual schools within the network unless such 
schools are located in the same school district. 

The department shall, subject to appropriation, provide funding to charter schools 
for a portion of the per pupil capital needs component included in the charter tuition amount 
and shall reimburse the sending school districts for said costs. In fiscal year 2011 and 
thereafter, such funding shall not be less than the per pupil amount provided in fiscal year 
2010. 

(gg) Any district whose total charter school tuition amount is greater than its total 
charter school tuition amount for the previous year shall be reimbursed by the 
commonwealth in accordance with this paragraph and subject to appropriation; provided, 
however, that no funds for said reimbursements shall be deducted from funds distributed 
pursuant to chapter 70. The reimbursement amount shall be equal to 100 per cent of the 
increase in the year in which the increase occurs and 25 per cent in the second, third, fourth, 
fifth and sixth years following. 

(hh) If the unencumbered amount of cumulative surplus revenue from tuition held by 
a charter school at the end of a fiscal year, less (i) the amount of the fourth quarter tuition 
payment, (ii) the amount held in reserve for the purchase or renovation of an academic 
facility pursuant to a capital plan, and (iii) any reserve funds held as security for bank loans, 
exceeds 20 per cent of its operating budget and its budgeted capital costs for the succeeding 
fiscal year as is reported in a capital plan to be submitted in the school's most recent annual 
report, the amount in excess of said 20 per cent shall be returned by the charter school to the 
sending district or districts and the state in proportion to their share of tuition paid during the 
fiscal year. At the end of each fiscal year, the commissioner shall certify the amounts 
described above and the amount, if any, by which it exceeds 20 per cent of the school's 
operating budget and its budgeted capital costs for the succeeding fiscal year, and shall report 
such amount to the school committee of the sending district or districts and the applicable 
board of selectmen or city council by December 1 of each year. A charter school shall 
annually make any payment required by this subsection no later than December 3 1 . 

(ii) No teacher shall be hired by a commonwealth charter school who is not certified 
pursuant to section 38G unless the teacher has successfully passed the state teacher test as 
required in said section 38G. 

(jj) Each charter school shall submit an annual report, no later than August 1 , to the 
board, the local school committee, each parent or guardian of its enrolled students and each 
parent or guardian contemplating enrollment in that charter school. The annual report shall 
be in such form as may be prescribed by the board and shall include, but not be limited to: 
(i) discussion of progress made toward the achievement of the goals set forth in the charter; 



44 






Chap. 12 

and (ii) a financial statement setting forth by appropriate categories the revenue and 
expenditures for the year just ended and a balance sheet setting forth the charter school's 
assets, liabilities and fund balances or equities. 

The department shall promulgate regulations creating a reporting requirement for a 
charter school's net asset balance at the end of the fiscal year; provided, however, that said 
regulations shall require, without limitation, the following: the revenue and expenditures for 
the year just ended with a specific accounting of the uses of public and private dollars; how 
the capital needs component of the charter school's tuition was spent; compensation and 
benefits for teachers, staff, administrators, executives, and board of trustees; the amount of 
any and all funds transferred to a management company; the sources of any surplus funds, 
specifically whether they are private or public; how any surplus funds were used in the 
previous fiscal year; and the planned use of any surplus funds in the upcoming fiscal year on 
in future fiscal years. 

Each charter school shall keep an accurate account of all its activities and all its 
receipts and expenditures and shall annually cause an independent audit to be made of its 
accounts. Such audit shall be filed annually on or before January 1 with the department and 
the state auditor and shall be in a form prescribed by the state auditor. The state auditor may 
investigate the budget and finances of charter schools and their financial dealings, 
transactions and relationships, and shall have the power to examine the records of charter 
schools and to prescribe methods of accounting and the rendering of periodic reports. 

(kk) The commissioner shall collect data on the racial, ethnic and socio-economic 
make-up of the student enrollment of each charter school in the commonwealth. The 
commissioner shall also collect data on the number of students enrolled in each charter 
school who have individual education plans pursuant to chapter 71B and those requiring 
English language learners programs under chapter 71 A. The commissioner shall file said 
data annually with the clerks of the house and senate and the joint committee on education 
not later than December 1 . 

(11) Individuals or groups may complain to a charter school's board of trustees 
concerning any claimed violations of the provisions of this section by the school. If, after 
presenting their complaint to the trustees, the individuals or groups believe their complaint 
has not been adequately addressed, they may submit their complaint to the board which shall 
investigate such complaint and make a formal response. 

(mm) The board shall promulgate regulations for implementation and enforcement 
of this section. 

SECTION 8. Said chapter 71 is hereby further amended by adding the following 
section: - 

Section 92. (a) An Innovation School shall be a public school, operating within a 
public school district, that is established for the purpose of improving school performance 
and student achievement through increased autonomy and flexibility. An Innovation School 
may be established as a new public school or as a conversion of an existing public school. 



45 



Chap. 12 

A student who is enrolled in a school at the time it is established as an Innovation School 
shall retain the ability to remain enrolled in the school if the student chooses to do so. 

(b) An Innovation School may establish an advisory board of trustees. An 
Innovation School shall have increased autonomy and flexibility in 1 or more of the 
following areas: (i) curriculum; (ii) budget; (iii) school schedule and calendar; (iv) staffing 
policies and procedures, including waivers from or modifications to, contracts or collective 
bargaining agreements; (v) school district policies and procedures; and (vi) professional 
development. An Innovation School shall receive each school year from the school 
committee the same per pupil allocation as any other district school receives. An Innovation 
School may retain any unused funds and use the funds in subsequent school years. An 
Innovation School may establish a non-profit organization that may, among other things, 
assist the school with fundraising. A district shall not reduce its funding to an Innovation 
School as a result of the school's fundraising activities. 

(c) An Innovation School established under this section shall be authorized by the 
local school committee and shall operate according to an innovation plan, which shall 
articulate the areas of autonomy and flexibility under subsection (b). To the extent 
practicable, the innovation plan shall be based on student outcome data, including, but not 
limited to: (i) student achievement on the Massachusetts Comprehensive Assessment 
System; (ii) other measures of student achievement, approved by the commissioner, as 
appropriate; (iii) student promotion, graduation rates and dropout rates; (iv) achievement data 
for different subgroups of students, including low-income students as defined by chapter 70, 
limited English-proficient students and students receiving special education; and (v) student 
attendance, dismissal rates and exclusion rates. 

An Innovation School shall operate in accordance with the law regulating other 
public schools, except as the law conflicts with this section or any innovation plans created 
thereunder. 

(d) An Innovation School is a school in which: (i) faculty and leadership are primarily 
responsible for developing the innovation plan under which the school operates and 
leadership is responsible for meeting the terms of the innovation plan; or (ii) an external 
partner is primarily responsible for developing the innovation plan under which the school 
operates and the external partner is responsible for meeting the terms of the innovation plan. 

(e) Nothing in this section shall be construed to prohibit: (i) the establishment of an 
Innovation School as an academy within an existing public school; (ii) the establishment of 
an Innovation School serving students from 2 or more school districts; provided, however, 
that all of the provisions of this section are met by each school district; (iii) the simultaneous 
establishment of 2 or more Innovation Schools as an Innovation Schools Zone within a 
school district; or (iv) the establishment of an Innovation School as a virtual public school 
that provides instruction to students through distance learning, including online learning 
programs and courses, subject to regulations adopted by the board of elementary and 
secondary education. 



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Chap. 12 

(f) The following shall be eligible applicants for the purposes of establishing an 
Innovation School: (i) parents; (ii) teachers; (iii) parent-teacher organizations; (iv) principals; 
(v) superintendents; (vi) school committees; (vii) teacher unions; (viii) colleges and 
universities; (ix) non-profit community-based organizations; (x) non-profit business or 
corporate entities; (xi) non-profit charter school operators; (xii) non-profit education 
management organizations; (xii) educational collaboratives; (xiv) consortia of these groups; 
and (xv) non-profit entities authorized by the commissioner. Private and parochial schools 
shall not be eligible to operate an Innovation School. 

(g) The local school committee, local teacher's union and superintendent of the 
district shall follow a process, consistent with this subsection and subsections (h) to (o), 
inclusive, for which an existing district school may be converted to an Innovation School or 
by which a new Innovation School may be established within the district. This process shall 
require that an eligible applicant proposing to establish an Innovation School prepare a 
prospectus regarding the proposed school. The prospectus shall include, but not be limited 
to, a description of: (i) whether the school will be a new school or a conversion of an existing 
school; (ii) if the school is a new school, the proposed location of the school; (iii) if the 
school is a conversion of an existing school, the school that is being proposed for conversion; 
(iv) the external partners, if any, that will be involved in the school; (v) the number of 
students the school is anticipated to serve and the number of staff expected to be employed 
at the school; (vi) the overall vision for the school, including improving school performance 
and student achievement; (vii) specific needs or challenges the school shall be designed to 
address; (viii) a preliminary assessment of the autonomy and flexibility under subsection (b) 
that the school will seek; (ix) why such flexibility is desirable to carry out the objectives of 
the school; (x) anticipated components of the school's innovation plan; (xi) a preliminary 
description of the process that shall be used to involve appropriate stakeholders in the 
development of the innovation plan; and (xii) a proposed timetable for development and 
establishment of the proposed school. 

(h) Upon completion of the prospectus under subsection (g), an eligible applicant 
shall submit the prospectus to the superintendent, who shall within 30 days convene a 
screening committee consisting of the superintendent or a designee, a school committee 
member or a designee selected by the school committee and a representative from the 
leadership of the local teacher's union. 

The screening committee shall review the prospectus for the purpose of determining 
whether the prospectus: (i) presents a sound and coherent plan for improving school 
performance and student achievement; (ii) supports or enhances existing educational efforts 
in the district; and (iii) reasonably can be expanded into a comprehensive innovation plan. 
In the case of a new school, the committee will prepare an impact statement describing how 
the new school will affect the children and faculty in the district. Within 30 days of receiving 
a prospectus, the screening committee shall decide, on the basis of a two-thirds vote, to 
accept or reject the prospectus, or return the prospectus to the eligible applicant for revisions. 



47 



Chap. 12 

If a prospectus is rejected or returned, the screening committee shall submit a detailed 
explanation for the decision to the applicant. A prospectus that is rejected or returned may 
be revised and resubmitted for subsequent consideration. 

(i) Upon the acceptance of a prospectus by the screening committee under subsection 
(h), the applicant shall form an innovation plan committee of not more than 1 1 individuals 
within 30 days. The purpose of the innovation plan committee shall be to: (i) develop the 
innovation plan described in subsection (c); (ii) assure that appropriate stakeholders are 
represented in the development of the proposed Innovation School; and (iii) provide 
meaningful opportunities for the stakeholders to contribute to the development of such 
school. The size and composition of the innovation plan committee shall be determined by 
the applicant; provided, however, that the committee shall include: (i) the applicant; (ii) the 
superintendent or a designee; (iii) a school committee member or a designee; (iv) a parent 
who has 1 or more children enrolled in the school, or in the case of a new school, from the 
district; (v) a principal employed by the district; and (vi) 2 teachers employed by the district. 
The applicant shall select the parent from among nominees submitted by parent-teacher 
organizations in the district. If the district does not contain a parent-teacher organization or 
if the organization does not submit nominees, the applicant shall select the parent from 
among volunteers in the area or community the proposed school is expected to serve. The 
applicant shall select the principal and 1 teacher from among volunteers in the district and 
1 teacher from among nominees submitted by the local teacher's union. 

(j) Upon the formation of the innovation plan committee in subsection (i), the 
committee shall develop the innovation plan for the proposed Innovation School. The 
purpose of the innovation plan shall be to comprehensively articulate the areas of autonomy 
and flexibility under subsection (b) that the proposed school will use. The innovation plan 
shall include, but not be limited to: (i) a curriculum plan, which shall include a detailed 
description of the curriculum and related programs for the proposed school and how the 
curriculum is expected to improve school performance and student achievement; (ii) a budget 
plan, which shall include a detailed description of how funds shall be used differently in the 
proposed school to support school performance and student achievement; (iii) a school 
schedule plan, which shall include a detailed description of the ways, if any, the program or 
calendar of the proposed school will be enhanced or expanded; (iv) a staffing plan, which 
shall include a detailed description of how the school principal, administrators, faculty and 
staff will be recruited, employed, evaluated and compensated in the proposed school and any 
proposed waivers or modifications of collective bargaining agreements; (v) a policy and 
procedures plan, which shall include a detailed description of the unique operational policies 
and procedures to be used by the proposed school and how the procedures shall support 
school performance and student achievement; and (vi) a professional development plan, 
which shall include a detailed description of how the school may provide high-quality 
professional development to its administrators, teachers and staff. 

In order to assess the proposed school across multiple measures of school 
performance and student success, the innovation plan shall include measurable annual goals 



48 



Chap. 12 

including, but not limited to, the following: (i) student attendance; (ii) student safety and 
discipline; (iii) student promotion and graduation and dropout rates; (iv) student achievement 
on the Massachusetts Comprehensive Assessment System; (v) progress in areas of academic 
underperformance; and (vi) progress among subgroups of students, including low-income 
students as defined by chapter 70, limited English-proficient students and students receiving 
special education; (7) reduction of achievement gaps among different groups of students. 

A majority vote of the innovation plan committee shall be required for approval of 
the innovation plan. 

(k) The provisions of the collective bargaining agreements applicable to the adminis- 
trators, teachers and staff in the school shall be considered to be in operation at an Innovation 
School, except to the extent the provisions are waived or modified under the innovation plan 
and such waivers or modifications are approved under subsections (1) and (m). 

(1) In the case of a school conversion, upon completion of the innovation plan in 
subsection (j), , the applicant shall submit the innovation plan to teachers in the school that 
is proposed for conversion for approval by secret ballot within 30 days. A two-thirds vote 
of the teachers shall be required to approve the plan. Upon approval of an innovation plan 
by the applicable union members the plan shall, within 7 days, be submitted to the 
schoolcommittee. If a two-thirds vote is not achieved, the innovation plan committee may 
revise the innovation plan as necessary and submit the revised plan to the teachers for a 
subsequent vote. 

In the case of a new school, upon the completion of the innovation plan in subsection 
(j), the applicant, a local union and the superintendent shall negotiate waivers or 
modifications to the applicable collective bargaining agreement necessary for the school to 
implement the innovation plan. Upon the conclusion of the negotiations, the innovation plan 
shall be submitted immediately to the school committee. If the negotiations have not resulted 
in an agreement within 40 days, either party may petition the division of labor relations for 
the selection of an arbitrator. The division shall select an arbitrator within 3 days of the 
petition from a list submitted by the parties. The arbitrator shall conduct a hearing within 
14 days of the arbitrator's selection. The arbitrator shall consider the parties' positions and 
the needs of the students in the district. The arbitrator's decision shall be consistent with the 
contents of the innovation plan developed by the applicant. The arbitrator shall, within 14 
days of the close of the hearing, submit a decision which shall be final and binding on the 
parties. 

(m) Upon receipt of an innovation plan regarding an Innovation School, a school 
committee shall hold at least 1 public hearing on the innovation plan. After the public 
hearing, but not later than 60 days after the receipt of the innovation plan, the school 
committee shall, on the basis of the quality of the plan and in consideration of comments 
submitted by the public, undertake a final vote to authorize the Innovation School for a 
period of not more than 5 years, subject to subsection (n). Approval of the majority of the 
school committee as fully constituted shall be required to authorize an Innovation School. 
If the approval is not obtained, an innovation plan committee may revise the innovation plan 



49 



Chap. 12 

and: (i) in the case of a new school, submit the revised plan to the school committee for a 
subsequent vote; or (ii) in the case of a conversion, submit the revised plan to the teachers 
in the school that is proposed for conversion for a vote, pursuant to subsection (1); provided, 
however, that the plan meets the requirements for approval under subsection (1), submit the 
revised plan to the school committee for a subsequent vote. A school committee shall vote 
on a revised plan submitted pursuant to this subsection within 60 days of the receipt of such 
plan and contract. 

(n) All Innovation Schools authorized under subsection (m) shall be evaluated by the 
superintendent at least annually. The superintendent shall transmit the evaluation to the 
school committee and the commissioner of elementary and secondary education. The pur- 
pose of the evaluation shall be to determine whether the school has met the annual goals in 
its innovation plan and assess the implementation of the innovation plan at the school. If the 
school committee determines, on the advice of the superintendent, that the school has not met 
1 or more goals in the innovation plan and that the failure to meet the goals may be corrected 
through reasonable modification of the plan, the school committee may amend the innovation 
plan as necessary. After the superintendent assesses the implementation of the innovation 
plan at the school, the school committee may, on the advice of the superintendent, amend the 
plan if the school committee determines that the amendment is necessary in view of subse- 
quent changes in the district that affect 1 or more components of the plan, including, but not 
limited to, changes to contracts, collective bargaining agreements or school district policies; 
provided, however, that an amendment involving a subsequent change to a teacher contract 
shall first be approved by teachers at the school under the procedures in subsection (1). 

If the school committee determines, on the advice of the superintendent, that the 
school has substantially failed to meet multiple goals in the innovation plan, the school 
committee may: (i) limit 1 or more components of the innovation plan; (ii) suspend 1 or more 
components of the innovation plan; or (iii) terminate the authorization of the school; 
provided, however, that the limitation or suspension shall not take place before the 
completion of the second full year of the operation of the school and the termination shall 
not take place before the completion of the third full year of the operation of the school. 

(o) At the end of the period of authorization of an Innovation School approved under 
subsection (m), the leadership of the school may petition the school committee to extend the 
authorization of the school for an additional period of not more than 5 years. Before 
submitting the petition, the leadership of the school shall convene a selection of school 
stakeholders, including, but not limited to, administrators, teachers, other school staff, 
parents and external partners, as applicable, to discuss whether the innovation plan at the 
school requires revision and to solicit recommendations as to the potential revisions. After 
considering the recommendations of the stakeholder group, the leadership of the school and 
the applicable superintendent shall jointly update the innovation plan as necessary; provided, 
however, that a proposal regarding a new waiver or exemption from the local teacher's union 
contract shall be approved by teachers at the school, under subsection (1). Approval of the 
majority of the school committee as fully constituted shall be required to extend the period 



50 



Chap. 12 

of authorization of an Innovation School. If the approval is not obtained, the leadership of 
the school and superintendent may jointly revise the innovation plan and submit the revised 
plan to the school committee for a subsequent vote. If the school committee does not extend 
the authorization of the school, the leadership of the school may seek the authorization from 
the board of elementary and secondary education. The board shall vote on the requested 
extension within 60 days of its receipt for approval of such extension. 

(p) The commissioner of elementary and secondary education shall, to the extent 
practicable, be responsible for the following: (i) the provision of planning and 
implementation grants to eligible applicants to establish Innovation Schools; (ii) provision 
of technical assistance and support to eligible applicants; (iii) the collection and publication 
of data and research related to the Innovation Schools initiative; (iv) the collection and 
publication of data and research related to successful programs serving limited 
English-proficient students attending Innovation Schools; and (v) the collection and 
dissemination of best practices in Innovation Schools that may be adopted by other public 
schools. The board of elementary and secondary education shall promulgate regulations 
necessary to carry out this section. Annually, the commissioner shall report to the joint 
committee on education, the house and senate committees on ways and means, the speaker 
of the house of representatives and the senate president on the implementation and fiscal 
impact of this section. 

SECTION 9. For the school districts in which net school spending on charter school 
tuition does not exceed 18 per cent as set forth in subsection (i) of section 89 of chapter 71, 
the following shall apply: (1) in fiscal year 2011, a public school district's total charter 
school tuition payment to commonwealth charter schools shall be limited to 12 per cent of 
the district's net school spending; (2) in fiscal year 2012, a public school district's total 
charter school tuition payment to commonwealth charter schools shall be limited to 13 per 
cent of the district's net school spending; (3) in fiscal year 2013, a public school district's 
total charter school tuition payment to commonwealth charter schools shall be limited to 14 
per cent of the district' s net school spending; (4) in fiscal year 20 1 4, a public school district' s 
total charter school tuition payment to commonwealth charter schools shall be limited to 1 5 
per cent of the district's net school spending; (5) in fiscal year 20 1 5, a public school district's 
total charter school tuition payment to commonwealth charter schools shall be limited to 16 
per cent of the district' s net school spending; (6) in fiscal year 20 1 6, a public school district' s 
total charter tuition payment to commonwealth charter schools shall be limited to 1 7 per cent 
of the district's net school spending; and (7) in fiscal year 2017, a public school district's 
total charter tuition payment to commonwealth charter schools shall be limited to 1 8 per cent 
of the district's net school spending. 

SECTION 10. Within 6 months of the receipt of any federal funding through Race 
to the Top program realized through the adoption of this act, the executive office of 
education shall report to the house and senate committees on ways and means and the joint 
committee on education a detailed plan providing for the use and potential future uses of the 
funding along with an accounting therein. 



51 



Chap. 12 

SECTION 11. Notwithstanding any general or special law to the contrary, the 
department of elementary and secondary education shall draft a model policy for school 
districts regarding the grade placement and eligibility for high school graduation of students 
leaving a commonwealth charter school and seeking to enroll in a district school. In drafting 
the model policy, the department shall confer with school districts and commonwealth 
charter schools. The model policy shall be made available not later than December 3 1 , 20 1 0. 
Until a school district adopts a policy regarding the grade placement or eligibility for high 
school graduation of students leaving a commonwealth charter school, when determining the 
appropriate grade placement or eligibility for high school graduation of a student leaving a 
commonwealth charter school and enrolling in a district school, a district shall examine the 
course of study and level of academic attainment of the student. 

SECTION 12. Notwithstanding any general or special law to the contrary, a charter 
school whose charter was granted before January 1, 2010 shall have a recruitment and 
retention plan required under subsection (f) of section 89 of chapter 71 of the General Laws 
in effect for the 201 1-2012 school year or at the time of its next charter renewal, whichever 
occurs first. 

SECTION 13. Notwithstanding subsection (gg) of section 89 of chapter 71 of the 
General Laws, any district that incurred an increase in commonwealth charter tuition costs 
between July 1, 2008 and June 30, 2010 shall be reimbursed in an amount equal to 100 per 
cent of the increase in the year in which the increase occurs, 60 per cent of that amount in the 
first year following and 40 per cent of that amount in the second year following. 

SECTION 14. Notwithstanding any special or general law to the contrary, the 
department of elementary and secondary education shall study the possibility of allowing 
students living outside of the commonwealth who are eligible to attend public schools 
operating in the same geographic area as a charter school or a regional charter school to be 
eligible to attend the charter or regional charter school. The department shall examine the 
rules and regulations necessary to implement this change which shall include, but not be 
limited to, collection of out-of-state tuition from students living outside of the 
commonwealth and attending a commonwealth charter school, collection of tuition from 
foreign exchange students attending a commonwealth charter school and reimbursement of 
commonwealth charter schools for services rendered to foreign exchange students and 
students living outside of the commonwealth. The department shall issue its report and its 
recommendations, if any, together with drafts of legislation necessary to carry those 
recommendations into effect to the joint committee on education not later than August 15, 
2010. 

SECTION 15. Notwithstanding any general or special law to the contrary, regional 
school transportation payments made by the state in any fiscal year through the general 
appropriations act shall not be lowered by a greater percentage than any reduction made to 
state chapter 70 payments in that fiscal year. 



52 



Chap. 12 

SECTION 16. Notwithstanding any general or special law to the contrary, the 
department of elementary and secondary education shall prepare a report on the current status 
of the public education financing system in the commonwealth as it currently exists. The 
report shall include, but shall not be limited to, the following: (1) the source of and potential 
remedies for any existing discrepancies between the fiscal demands placed upon and the 
fiscal assistance provided to municipalities and school districts with similar fiscal capacity 
and educational responsibilities, including those placed and provided pursuant to chapter 70; 
(2) a consideration and evaluation of all the financial resources made available to schools and 
districts, from all sources, and how they relate to student learning and educational 
opportunity; and (3) a review of successful educational programs in schools and school 
districts that achieve their success at relatively lower per pupil costs when compared with 
schools and districts serving student populations with similar academic and socio-economic 
characteristics and an assessment of the possibility of replicating such programs in other 
schools and school districts. In compiling the report, the department shall consult with 
various education personnel, advocacy organizations, and economic experts. The department 
shall file said report not later than December 3 1 , 201 1 to the joint committee on education. 

SECTION 17. By January 1 , 201 1 , the commissioner of elementary and secondary 
education shall make a report to the house and senate chairs of the joint committee on 
education on the department's plan to implement the inclusion of improvement in student 
academic achievement data, as required under sections 1 J andl K of chapter 69 of the General 
Laws. 

Approved, January 19, 2010. 



Chapter 13. AN ACT INCREASING THE MEMBERSHIP ON THE 
WILLIAMSTOWN BOARD OF LIBRARY TRUSTEES. 

Be it enacted, etc., as follows: 

SECTION 1 . Chapter 2 1 6 of the acts of 1 994 is hereby amended by striking out, in 
line 3, the word "five" and inserting in place thereof the following figure:- 7. 

SECTION 2. The 2 additional members of the Williamstown board of library 
trustees provided for in section 1 shall be elected at the annual town election in the town of 
Williamstown in 2010 for 3-year terms. 

SECTION 3. This act shall take effect upon its passage. 

Approved, January 21, 2010. 



53 



Chapter 14. AN ACT AUTHORIZING THE TOWN OF SOUTHBRIDGE TO 
ESTABLISH CERTAIN FUNDS. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 475 of the acts of 2004 is hereby repealed. 

SECTION 2. Notwithstanding section 53 of chapter 44 of the General Laws or any 
other general or special law to the contrary, the town of Southbridge may establish in the 
town treasury the Landfill Royalty Fund, into which shall be deposited all royalty payments 
received from the private operator of the town-owned Barefoot Road Sanitary Landfill, 
pursuant to the "Extension of Agreement for the Operation of the Barefoot Road Sanitary 
Landfill, and Refuse and Recyclables Collection, Southbridge, Massachusetts, between 
Southbridge Recycling + Disposal Park, Inc., and the Town of Southbridge, dated May 29, 
2007", on file with the town clerk, or, if that agreement expires, is superseded or otherwise 
becomes inapplicable, then pursuant to a successor agreement with a private landfill operator 
relative to the operation of the landfill. 

The town council may, by majority vote, appropriate not more than 50 per cent of the 
estimated annual landfill royalty payment to be received in a fiscal year under the landfill 
extension agreement or other successor landfill operating agreement in order to fund the 
operating budget of the town. The remaining 50 per cent of the estimated annual landfill 
royalty payment and any balance remaining in the Landfill Royalty Fund may be appropriated 
at any time by a two-thirds vote, to fund capital projects or for any lawful purpose including, 
but not limited to, additional funding for the town's operating budget. The town council may 
appropriate or transfer additional money into the Landfill Royalty Fund at any time. If in any 
fiscal year the amounts appropriated by the town pursuant to this section exceed the royalty 
payments actually received, the town council shall raise and appropriate or transfer from 
available funds sufficient amounts to address the deficit prior to the end of that fiscal year, 
or the deficit shall be added to the tax levy and raised by taxation in the fiscal year 
immediately following. 

SECTION 3. Notwithstanding section 53 of chapter 44 of the General Laws or any 
other general or special law to the contrary, the town of Southbridge may establish in the 
town treasury the Landfill Reimbursement Fund, into which shall be deposited all 
reimbursements and other payments, except the royalty payments referred to in section 1 , 
received under the extension agreement, a successor landfill operating agreement, a landfill 
site assignment or modification thereof, issued by the Southbridge board of health pursuant 
to section 150A of chapter 1 1 1 of the General Laws, or under any other agreement relative 
to the operation of the landfill. The town council may, by majority vote, appropriate 
estimated reimbursements and other landfill-related payments to be received in a fiscal year 
under the landfill extension agreement, a successor landfill operating agreement, a landfill 
site assignment or modification thereof, issued by the board of health pursuant to said section 
1 50A of said chapter 1 1 1 , or any other agreement relative to the operation of the landfill, as 
may be necessary to fund the various activities for which such payments are made, or may 



54 



Chap. 14 

appropriate these funds for any other lawful purpose. If in a fiscal year the amount 
appropriated by the town pursuant to this section exceeds the landfill reimbursement 
payments or other landfill-related payments actually received, the town council shall raise 
and appropriate or transfer from available funds sufficient amounts to address the deficit 
prior to the end of that fiscal year or the deficit shall be added to the tax levy and raised by 
taxation in the fiscal year immediately following. 

SECTION 4. The town treasurer shall be the custodian of the Landfill Royalty Fund 
and the Landfill Reimbursement Fund and shall make a separate accounting of each fund to 
the town council each year not later than September 1 for the preceding fiscal year ending 
on June 30. Any income derived from the investment or reinvestment of the funds 
authorized in this act shall remain with and become part of each fund. 

SECTION 5. This act shall take effect upon its passage. 

Approved, January 21, 2010. 



Chapter 15. AN ACT ESTABLISHING A SICK LEAVE BANK FOR ANNE 
SMITH, AN EMPLOYEE OF THE DEPARTMENT OF REVENUE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
revenue, therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of revenue shall establish a sick leave bank for Anne Smith, an employee of the 
department. Any employee of the department may voluntarily contribute 1 or more sick, 
personal or vacation days to the sick leave bank for use by Anne Smith. Sick leave bank 
days shall not be used for absences unrelated to the illness or disability that necessitated the 
establishment of the sick leave bank as determined by the department. Whenever Anne 
Smith terminates employment with the department or requests to dissolve the sick leave 
bank, any remaining time in the sick leave bank shall be transferred to the extended illness 
leave bank. 

Approved, January 21, 2010. 



55 



Chapter 16. AN ACT ESTABLISHING A SICK LEAVE BANK FOR PATRICIA 
CAHILL, AN EMPLOYEE OF THE DEPARTMENT OF 
TRANSITIONAL ASSISTANCE 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
transitional assistance, therefore it is hereby declared to be an emergency law„necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of transitional assistance shall establish a sick leave bank for Patricia Cahill, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Patricia Cahill. 
Sick leave bank days shall not be used for absences unrelated to the illness or disability that 
necessitated the establishment of the sick leave bank as determined by the department of 
transitional assistance. Whenever Patricia Cahill terminates employment with the 
department or requests to dissolve the sick leave bank, any remaining time in the sick leave 
bank shall be transferred to the extended illness leave bank. 

Approved, January 21, 2010. 



Chapter 17. AN ACT AUTHORIZING THE CITY OF GARDNER TO CONVEY 
CERTAIN PARK LAND. 

Be it enacted, etc., as follows: 

SECTION 1. The city of Gardner, acting through its mayor and city council, may 
convey a certain parcel of land acquired for use as a public common to the Greater Gardner 
Community Development Corporation. The parcel is more particularly described in an order 
of taking dated June 17, 1997 recorded in the Worcester county registry of deeds in book 
18985 at page 149 and shown in plan book 740, plan 73 also recorded in said registry. 

SECTION 2. The conveyance of the parcel of land in section 1 shall be subject to 
the following terms and conditions: 

(1) The premises shall be restricted to the development of not more than 4 dwelling 
units of which 100 per cent shall be subject to an affordable housing restriction acceptable 
to the mayor; 

(2) The dwelling units shall be sold or leased by the Greater Gardner Community 
Development Corporation to individuals who: reside in the city of Gardner; have parents or 
siblings who reside in the city of Gardner; or work in the city of Gardner; and 

(3) As a condition of the conveyance, the city of Gardner shall transfer a parcel of 
land under the care, custody, management and control of the board of selectmen and dedi- 



56 



Chap. 17 

cated for general municipal purposes to the conservation commission or park commission 
and such parcel shall be dedicated for conservation or park purposes. If no suitable parcel 
can be transferred to the conservation commission, the city shall acquire a parcel of land or 
a conservation restriction upon private or public land as defined in section 3 1 of chapter 1 84 
of the General Laws. Such land shall be dedicated or restricted to conservation or park 
purposes and under the jurisdiction of the conservation commission or park commission. 
The parcel dedicated pursuant to this section, shall be of equal or greater size and value for 
conservation or park purposes when compared to the parcel described in section 1. If the 
land conveyed ceases to be used for the purposes described in section 1 , the land shall revert 
to the city of Gardner for public park purposes. 

SECTION 3. This act shall take effect upon its passage. 

Approved, January 28, 2010. 



Chapter 18. AN ACT RELATIVE TO THE LEASING OF CERTAIN PARCELS OF 
LAND IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40F to 40 J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance, in consultation with the commissioner of conservation 
and recreation, shall lease, for a period of 50 years, with 2 10-year options to renew, and 
pursuant to such additional terms and conditions as the commissioner may prescribe, a 
portion of 3 parcels of land, to the Joseph M. Smith Community Health Center, Inc., a 
501(c)(3) not for profit organization, in the North Brighton/Allston section of the city of 
Boston, with sufficient space to be used for construction of a new community health center 
building of approximately 40,000 square feet and related parking. The 3 parcels are shown 
on the city of Boston Assessor's Maps as Parcel #1, parcel identification number 
2200574000, 487 Western avenue Boston, MA 02135, lot size 7,642 square feet; Parcel #2, 
parcel identification number 2200572000, 495 Western Avenue Boston, MA 021 35, lot size 
84,939 square feet; and Parcel #3, parcel identification number 2200573000 at an 
unnumbered location on Western avenue, lot size 2,483 square feet. A portion of these 3 
parcels that will provide sufficient space for the construction of a new 12,000 square foot 
building shall remain with the commonwealth and not be conveyed to the health center. The 
exact boundaries of the property so leased to the Joseph M. Smith Community Health Center 
and the property remaining with the commonwealth shall be determined by the commissioner 
of capital asset management and maintenance, in consultation with the commissioner of 
conservation and recreation, and representatives of the Joseph M. Smith Community Health 
Center, after completion of a survey. The lease agreement authorized by this section shall 



57 



Chap. 18 

permit the leasehold financing of the improvements to be constructed by the Joseph M. 
Smith Community Health Center, shall contain customary provisions to protect such 
leasehold lender and be subject to such other customary terms and conditions as are usually 
contained in commercial ground leases and as the commissioner of capital asset management 
and maintenance may prescribe, in consultation with the commissioner of conservation and 
recreation. The Joseph M. Smith Health Center, Inc. will operate the community health 
center and may sublease a portion of the building for other community services. The Joseph 
M. Smith Community Health Center, Inc. shall annually compensate the commonwealth in 
the sum of $1.00 for the term of the lease. 

SECTION 2. Notwithstanding any general or special law to the contrary, the parcels 
described in section 1 of this act shall be leased subject to a restriction limiting the use of the 
parcel construction and operation of a community health center and the provision of related 
services. If for any reason the property ceases to be used solely for the purposes described 
in this act, the commissioner of capital asset management and maintenance, in consultation 
with the commissioner of conservation and recreation, shall give written notice to the Joseph 
M. Smith Community Health Center of the unauthorized use. The Joseph M. Smith 
Community Health Center shall, upon receipt of the notice, have 30 days to respond and a 
reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel 
is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by 
the commissioner of capital asset management and maintenance in the appropriate registry 
of deeds, shall terminate and the property shall revert to the commonwealth under the care 
and control of the department of conservation and recreation and any further disposition of 
the property shall be subject to chapter 7 of the General Laws. In order to assist the Joseph 
M. Smith Community Health Center in its effort to secure funding for the construction of the 
building, the commonwealth shall work with the Joseph M. Smith Community Health Center 
to negotiate a lease that meets the health center's lender's concerns. 

SECTION 3. Notwithstanding any general or special law to the contrary, any lease 
or other agreement made under this act shall contain a provision that requires the Joseph M. 
Smith Community Health Center to carry comprehensive general liability insurance with the 
commonwealth named as a co-insured, to protect the commonwealth against all personal 
injury or property damage on the facilities during the term of the lease or other agreement. 
The Joseph M. Smith Community Health Center shall indemnify and hold the 
commonwealth harmless for all personal injury or property damage caused or suffered by the 
Joseph M. Smith Community Health Center, its clients or agents. 

SECTION 4. Notwithstanding any general or special law to the contrary, the Joseph 
M. Smith Community Health Center, Inc. shall be responsible for all costs and expenses, 
including but not limited to, costs associated with any engineering, surveys, appraisals and 
lease preparation related to the leasing of the property to it authorized under this act as such 
costs may be determined by the commissioner of capital asset management and maintenance 
for the portion of the 3 parcels that it leases. Upon the execution of the lease, the Joseph M. 
Smith Community Health Center, Inc. shall be solely responsible for all costs, liabilities and 



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Chap. 18 

expenses of any nature and kind for the development, maintenance, use and operation of its 
portion of parcels. Joseph M. Smith Community Health Center shall not be responsible for 
the development, maintenance, use and operation costs for the portion of the parcels set aside 
for use by the commonwealth. 

SECTION 5. The Joseph M. Smith Community Health Center Building shall be 
LEED certified. 

SECTION 6. Consideration for the lease of the property described in section 1 shall 
be no less than fair market value for comparable rentals by the commonwealth. A lease 
agreement entered into pursuant to this act by or on behalf of the commonwealth shall 
provide that, in lieu of the payment of rent, the lessee shall provide students at a community 
college or state institution of higher education with opportunities to gain clinical experience 
in nursing and other medical fields by working with clients of the lessee, on such terms and 
conditions as the division of capital asset management and maintenance and lessee deem 
appropriate. 

Approved, January 28, 2010. 



Chapter 19. AN ACT RELATIVE TO THE LOWELL CIVIC STADIUM 
COMMISSION. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to authorize forthwith the transfer of certain contractual rights and obligations of the 
Lowell arena and civic stadium commission relative to the Tsongas Arena to the University 
of Massachusetts at Lowell, therefore it is hereby declared to be an emergency law, necessary 
for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 325 of the acts of 1994, as amended by section 1 
of chapter 79 of the acts of 1995, is hereby amended by striking out the first sentence. 

SECTION 2. The second sentence of said section 1 of said chapter 325, added by 
said section 1 of said chapter 79, is hereby further amended by striking out, in line 1, the 
word "further". 

SECTION 3. Section 2 of said chapter 325, as amended by section 2 of said chapter 
79, is hereby amended by striking out the first and second sentences. 

SECTION 4. Subsection (a) of section 3 of said chapter 325 is hereby amended by 
striking out the first and second sentences, as amended by section 3 of said chapter 79, and 
inserting in place thereof the following 2 sentences:- The city of Lowell, upon recommend- 
ation of the city manager and approval of the city council, may establish a commission, to 
be known as the Lowell civic stadium commission, hereinafter called the commission, for 



59 



Chap. 19 

the purpose of establishing, designing, constructing, operating and maintaining, as herein 
provided, a civic stadium within the city. The commission shall consist of 7 members, 
residents of the city as herein provided, 4 of whom shall be appointed by the city manager 
with the approval of the city council and 3 of whom shall be appointed by the chancellor of 
the University of Massachusetts at Lowell, hereinafter called the university, jn accordance 
with the procedures set forth in this act. 

SECTION 5. Said section 3 of said chapter 325 is hereby further amended by 
striking out subsection (d) and inserting in place thereof the following subsection:- 

(d) The commission shall adopt by-laws, rules and regulations, which are consistent 
with the provisions hereof or of any applicable statute or ordinance, for conducting its 
business and meetings and otherwise carrying out, the purpose of this act. Four members of 
the commission shall constitute a quorum and the affirmative vote of a majority of the 
members shall be necessary for any action taken by the commission, including the adoption 
of by-laws, rules and regulations. 

SECTION 6. Said section 3 of said chapter 325 is hereby further amended by adding 
the following subsection:- 

(f) Members of the commission shall not be employees of the city and the provisions 
of chapter 31 of the General Laws shall not apply to any persons employed by the 
commission. 

SECTION 7. Section 4 of said chapter 325 is hereby amended by striking out 
subsection (a), as amended by section 5 of chapter 79 of the acts of 1995, and inserting in 
place thereof the following subsection:- 

(a) The commission, in cooperation with federal, state, municipal or private agencies 
or persons, natural or corporate, including, without limitation, the university, may for and on 
behalf of the city plan, design, locate, acquire property, construct, equip, furnish, alter, 
enlarge and repair structures and facilities of a civic stadium whenever and to such extent 
that the commission deems such facilities to be necessary or desirable in the city. 

SECTION 8. Said section 4 of said chapter 325 is hereby amended by striking out 
subsections (c) to (e), inclusive, added by section 6 of said chapter 79. 

SECTION 9. Said chapter 325 is hereby further amended by striking out sections 
5 to 10, inclusive, amended by sections 7 to 13, inclusive, of said chapter 79 and sections 52 
and 53 of chapter 205 of the acts of 1996, and inserting in place thereof the following 7 
sections :- 

Section 5. (a) The commission, upon the approval of the city council as provided in 
subsection (b) of section 4, may acquire in the name of and on behalf of the city, for the 
purposes of this act private or public, real or personal property rights above, at or below the 
surface of the earth which it deems necessary or desirable for a civic stadium by purchase, 
gift, lease, bequest, devise or grant, and the city may transfer to the jurisdiction of the 
commission for such purpose any such property acquired by the city by purchase, gift, lease, 
bequest, devise or grant or by the exercise of eminent domain under any provision of law. 
Wherever possible and practicable, real property acquired under the provision of this act shall 



60 



Chap. 19 

be acquired in fee simple. 

(b) The commission, upon the approval of the city council as set forth in subsection 
(b) of section 4, may sell, lease, exchange, demolish or otherwise dispose of property and 
property rights acquired under this act if, in so doing, it deems that the interests of the city 
will be best served and that the same are no longer needed for purposes of the civic stadium. 

Section 16 of chapter 3 OB of the General Laws shall not apply to this section. 

Section 6. For the purposes of making surveys, planning, acquiring land for, 
erecting, equipping of a civic stadium, the city, acting by and through the commission, may 
accept and use federal, commonwealth and university funds, grants, appropriations, credits 
and benefits as may now or hereafter be available for the same, including, without limitation, 
any funds available to the city or the commission in accordance with the provisions of 
chapter 486 of the acts of 1 980 and to secure the benefits in regard to the civic stadium of the 
applicable provisions of federal or state law or that which may be restricted by referendum 
for initial construction. 

Section 7. Notwithstanding the provisions of any general or special law or ordinance 
to the contrary, the commission for and on behalf of the city may: 

(a) maintain, operate, insure, promote, repair and improve a civic stadium for such 
uses as are provided in this act; 

(b) provide through employees of the city under the commission's supervision or by 
the grant of 1 or more contracts or concessions to the university or to private persons or 
entities for the furnishing of services and materials for the accommodation of persons 
admitted to or using the civic stadium or any part, facility or function thereof; 

(c) establish rules, regulations and policies and to fix penalties for violations thereof, 
for the use and occupancy of the civic stadium in accordance with the purposes provided for 
in this act and to revise the same from time to time. Penalties enforced or other damages 
recovered by judicial process or otherwise shall be collected for the account of the city and 
paid over to the commission; 

(d) fix and revise, from time to time, and charge and collect fees, rates, rentals and 
other charges for admission to, or the use or occupancy of the civic stadium or any part 
thereof and for the grant of concessions therein and for things furnished or services rendered 
by the commission or by the university or any other person holding a concession from the 
commission, whether the facilities are operated by the commission or under a contract or 
lease with the university or any other persons or entities. The commission shall fix such fees, 
rates, rentals or other charges for the admission to or the use and occupancy of the civic 
stadium under this act as in its judgment are best suited to insure maximum income to meet 
the expenses of the commission as established in its annual budget and to provide the 
facilities at reasonably low cost. The fees, rates, rentals and other charges fixed by the 
commission shall not be subject to supervision by or regulation of any department, division, 
commission, board, bureau or agency of the commonwealth or the city except as otherwise 
provided herein; 



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Chap. 19 

(e) contract with the university and any other persons or entities, public or private, 
with respect to the use and occupancy by the university or persons or entities by lease, rental 
or otherwise, of all or any portion of the civic stadium under terms and conditions, for fees, 
rentals or other charges, and for a period, not exceeding 10 years, as the commission shall 
deem in the best interest of the city, except that a contract with the university for university 
use may be for a period in excess of 10 years. Any contract with the university may include 
provision for the payment by the university directly or by contribution to the commission 
through the city of a portion of the capital costs of design, construction and operation of the 
civic stadium and the university may enter into any contract with the commission and make 
any payment or contribution from any monies of the university available for such purpose, 
notwithstanding the provisions of any general or special law to the contrary; 

(f) extend, notwithstanding any general or special law to the contrary, the current 
baseball stadium lease agreement with the university; provided, however, that any such 
contract shall not exceed a term of 25 years; provided further, that the city and the 
commission may enter into successor lease agreements with the university for additional 
terms; and provided further, that any such successor lease agreement shall not exceed a term 
of 25 years; 

(g) contract with a private professional manager or management firm, hereinafter 
called the "general manager", which may be the same as the management agent for Lowell 
memorial auditorium, wherein the commission may delegate duties and authority to the 
general manager with regard to supervising the design and construction and equipping, 
furnishing, repairing, operating and maintaining the civic stadium as the commission deems 
appropriate; provided, however, that any contract shall provide for the termination of the 
same by the commission for cause and may provide for the termination of the same at the 
convenience of the commission; and 

(h) engage accounting, management, legal, financial, consulting and other 
professional services, and to employ such other employees and agents, as may be necessary 
to carry out the provisions and purposes of this act. 

Except as otherwise provided herein, all contracts made pursuant to this act shall be 
in accordance with the provisions of section 29 of chapter 43 of the General Laws. 

Section 8. (a) The commission may maintain and operate a civic stadium, or contract 
with the university, contract with any person acting jointly with the university, or contract 
with any other person, public or private, for the maintenance and operation of the civic 
stadium or any portion thereof; provided, however, that any contract shall not exceed a term 
of 10 years and shall be subject to the limitations and procedures established by section 29 
of chapter 43 of the General Laws. 

(b) Any contract pursuant to subsection (a) may provide for advance reservations of 
the civic stadium and shall be on such terms and conditions as the commission deems 
appropriate. Notwithstanding the provisions of any general or special law or ordinance to 
the contrary, contracts executed pursuant to this section shall be valid and binding on both 



62 



Chap. 19 

parties thereto when executed by any such person and upon approval by a majority of the 
members of the commission. The commission's power to execute contracts under this 
section may be delegated by it to the general manager of the civic stadium. 

Section 9. (a) The commission shall have no independent authority to incur debt. 
All debt in the form of notes or bonds, if any, incurred in connection with the civic stadium 
shall be debt of the city and shall be incurred by the city in accordance with applicable laws 
and procedures and on such terms and conditions as determined by the city from time to 
time. 

(b) Subject to the approval of the finance advisory board if such board shall then be 
in existence, the city, upon recommendation of the city manager and approval of the city 
council, may appropriate to the commission funds as it deems necessary for the purposes of 
managing, operating, promoting, maintaining, repairing and improving the civic stadium or 
any of its facilities. The provisions of chapter 486 of the acts of 1980, to the extent not 
inconsistent with the provisions of this act, shall apply to the city and the commission acting 
under this act. 

(c) Any receipts from the operation of the civic stadium shall be kept in a separate 
fund by the city treasurer apart from any other money, funds or other property of the city and 
may be used subject to the recommendation of the city manager and the approval of the city 
council for the purpose of managing, operating, promoting, maintaining, repairing and 
improving the civic stadium and for the payment of bond and note indebtedness as provided 
in this act and for a capital reserve fund among other things. The provisions of section 53FH 
of chapter 44 of the General Laws shall apply to the civic stadium which shall be deemed to 
be an enterprise under the provision. 

Section 10. (a) Notwithstanding any limitation on the number of licenses which may 
be issued under section 17 of chapter 138 of the General Laws, the licensing commissioners 
of the city of Lowell may issue to the university, a non-profit supporting organization of the 
university as designated by the university or to any other persons or entities operating the 
civic stadium under a contract pursuant to paragraph (a) of section 8, or who has been 
granted a concession for the sale of food and alcoholic beverages pursuant to paragraph (b) 
of section 7, a license as a common victualler to serve all alcoholic beverages to be drunk on 
the premises of the civic stadium or any part thereof and the provisions of sections 12A and 
16C of said chapter 138 shall not apply to the premises. A licensee shall not be required by 
the licensing board under the provisions of section 12 of said chapter 138 to have the 
licensed premises open during any hours when there is no activity being conducted in the 
civic stadium nor shall the licensee be permitted to serve food or alcoholic beverages to 
strangers, travelers or members of the general public who are not attending an activity then 
being conducted in the civic stadium. 

(b) Notwithstanding any general or special law or ordinance to the contrary, the 
licensing commissioners may issue to the university, a non-profit supporting organization 
of the university as designated by the university or to any other persons operating the civic 
stadium under a contract pursuant to paragraph (a) of section 8 or who has been granted a 
concession for the sale of food or beverages pursuant to paragraph (b) of section 7, a com- 

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Chap. 19 

mon victualler's license for the premises of the civic stadium or any part thereof pursuant to 
section 2 of chapter 140 of the General Laws; provided, however, the provisions of section 
5 of said chapter 140 shall not apply to the license so issued. 

(c) A license issued under this section shall not be transferable to any other location 
and the license shall be renewed annually subject to chapter 138 of the General Laws. 

(d) A license issued under this section shall expire and be returned by the licensee to 
the licensing commissioner upon the termination of the licensee's lease or concession to carry 
out a permitted purpose of this act. 

Section 1 1 . Notwithstanding the provisions of any general or special law to the 
contrary, the university shall not be required to pay a fee or costs of any kind for use of the 
stadium for all National Collegiate Athletic Association, hereinafter called NCAA, related 
activities and events; provided, however, that the university shall not be charged a fee for 
non-NCAA related events held in accordance with its lease with the civic stadium 
commission and the city; and provided further, that the university shall be responsible for 
actual costs resulting from such non-NCAA related events. 

SECTION 10. (a) Notwithstanding any limitation on the number of licenses which 
may be issued under section 17 of chapter 138 of the General Laws, the licensing 
commissioners of the city of Lowell may issue to the University of Massachusetts Building 
Authority, in this section called the authority, the University of Massachusetts at Lowell, in 
this section called the university, a non-profit supporting organization of the university as 
designated by the university or to any other persons or entities operating the Tsongas Arena 
under a contract with the authority or the university, or who has been granted a concession 
by the authority or the university for the sale of food and alcoholic beverages, a license as a 
common victualler to serve all alcoholic beverages to be drunk on the premises of the 
Tsongas Arena or any part thereof and the provisions of sections 12A and 16C of said 
chapter 138 shall not apply to such premises. A licensee shall not be required by the 
licensing board under said section 12 of said chapter 1 38 to have the licensed premises open 
during any hours when there is no activity being conducted in the Tsongas Arena nor shall 
the licensee be permitted to serve food or alcoholic beverages to strangers, travelers or 
members of the general public who are not attending an activity then being conducted in the 
Tsongas Arena. 

(b) Notwithstanding any general or special law or ordinance to the contrary, the 
licensing commissioners may issue to the authority, the university, a non-profit supporting 
organization of the university as designated by the university or to any other persons 
operating the Tsongas Arena under a contract with the authority or the university or who has 
been granted a concession by the authority or the university for the sale of food or beverages, 
a common victualler's license for the premises of the Tsongas Arena or any part thereof 
pursuant to section 2 of chapter 140 of the General Laws; provided, however, the provisions 
of section 5 of said chapter 140 shall not apply to the license so issued. 

(c) A license issued under this section shall not be transferable to any other location 
and the license shall be renewed annually subject to chapter 138 of the General Laws. 



64 



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Chap. 19 

(d) A license issued under this section shall expire and be returned by the licensee to 
the licensing commissioner upon the termination of the licensee's lease or concession to carry 
out a permitted purpose of this act. 

SECTION 11. Notwithstanding any general or special law to the contrary, the 
Lowell arena and civic stadium commission established by subsection (a) of section 3 of 
chapter 325 of the acts of 1995, as amended by section 4, shall be renamed the Lowell civic 
stadium commission for the purpose of operating and maintaining the civic stadium and upon 
the effective date of this act all members of the Lowell arena and civic stadium commission 
shall continue in office as members of the Lowell civic stadium commission for the 
remainder of their respective terms. 

SECTION 12. Notwithstanding any general or special law to the contrary, all 
existing contractual rights and obligations of the Lowell arena and civic stadium commission 
with respect to the Tsongas Arena shall become the contractual rights and obligations of the 
University of Massachusetts at Lowell. 

Approved, February 1, 2010. 



Chapter 20. AN ACT AUTHORIZING THE TOWN OF CHARLTON TO 
ACQUIRE DAMS WITHIN THE TOWN, TO MAKE 
IMPROVEMENTS TO DAMS AND TO AUTHORIZE THE 
ASSESSMENT OF BETTERMENTS TO PAY COSTS ASSOCIATED 
THEREWITH. 

Be it enacted, etc., as follows: 

SECTION 1 . The town of Charlton may, subject to the approval of its town meeting, 
acquire by gift, purchase, eminent domain or otherwise, any dam located within the town, 
including any real property appurtenant thereto, if such dam and any appurtenant real 
property is not at the time of such acquisition owned or held in trust by the commonwealth. 
In connection with such an acquisition the town may, subject to appropriation, repair, 
reconstruct and make improvements to a town-owned dam as may be necessary, in the 
judgment of the board of selectmen, to maintain, repair or improve such dam, and to accept 
and expend grants or gifts for such purposes in accordance with section 53 A of chapter 44 
of the General Laws upon approval of the board of selectmen without further appropriation. 

SECTION 2. Upon a two-thirds vote of the voters present and voting at a meeting 
duly called, the town of Charlton may borrow funds for the purposes authorized in section 
1 . Any such borrowing shall be repaid within 40 years of its date of issue, and shall be 
outside the limit of indebtedness prescribed in section 1 of chapter 44 of the General Laws. 
Except as provided in this act, any borrowing pursuant hereto shall be subject to the 
requirements of said chapter 44. 



65 



Chap. 20 

SECTION 3. Any dam owned by the town of Charlton shall constitute public 
improvements for purposes of chapter 80 of the General Laws and, subject to the approval 
of the town, the selectmen may assess betterments to pay any and all costs, of or relating to, 
acquiring, owning, maintaining or improving any such dam. Such betterments may be 
assessed upon properties benefiting from the acquisition, ownership, repair, maintenance or 
improvement of such a dam and in such amounts as the selectmen shall determine. Except 
as otherwise provided by this act, any betterment so assessed shall be subject to said chapter 
80. Any betterment assessed pursuant to this act may be apportioned for a maximum term 
of 40 years. 

SECTION 4. Notwithstanding any general or special law to the contrary, the town 
of Charlton shall have no liability for or related to the presence, release or threat of release 
of oil or any hazardous material with respect to any dam or dams acquired by the town in 
accordance with this act that occurred prior to the date any such dam or dams were acquired 
by the town. 

SECTION 5. This act shall take effect upon its passage. 

Approved, February 4, 2010. 



Chapter 21. AN ACT ESTABLISHING A SICK LEAVE BANK FOR CATHERINE 
ANN OUELLETTE, AN EMPLOYEE OF THE TRIAL COURT 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Catherine Ann Ouellette, an employee of the 
department of the trial court. Any employee of the trial court may voluntarily contribute 1 
or more sick, personal or vacation days to the sick leave bank for the use by Catherine Ann 
Ouellette. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the trial 
court. Whenever Catherine Ann Ouellette terminates employment with the trial court or 
requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be 
transferred to the trial court paid leave bank. 

Approved, February 4, 2010. 



66 



Chapter 22. AN ACT RELATIVE TO THE BOARD OF PUBLIC ACCOUNTANCY 
AND REGULATING THE REGISTRATION OF CERTIFIED PUBLIC 
ACCOUNTANTS. 

Be it enacted, etc., as follows: 

SECTION 1. Subsection (a) of section 33 of chapter 13 of the General Laws, as 
appearing in the 2008 Official Edition, is hereby amended by striking out the third and fourth 
sentences and inserting in place thereof the following sentence:- Four of the members shall 
hold a certificate, as defined in section 87A of chapter 112, and shall have been actively 
engaged on his own account or with a firm as an owner, for a period of at least 7 years. 

SECTION 2. Said section 33 of said chapter 13, as so appearing, is hereby further 
amended by striking out subsection (b). 

SECTION 3. Section 34 of said chapter 13, as so appearing, is hereby amended by 
striking out, in lines 14 and 15, the words "or as public accountants". 

SECTION 4. Said section 34 of said chapter 13, as so appearing, is hereby further 
amended by striking out subsection (b). 

SECTION 5. The first paragraph of section 35 of said chapter 13, as so appearing, 
is hereby amended by striking out the third to fifth sentences, inclusive. 

SECTION 6. Section 87A of chapter 112 of the General Laws, as so appearing, is 
hereby amended by striking out, in lines 7 and 8, the words "or a certificate issued to a public 
accountant issued under the provisions of section eight-seven C". 

SECTION 7. Said section 87A of said chapter 1 12 of the General Laws, as so 
appearing, is hereby further amended by striking out the definition of "Committee". 

SECTION 8. Said section 87A of said chapter 112 of the General Laws, as so 
appearing, is hereby further amended by inserting after the definition of "Licensee" the 
following definition: - 

"Person", a natural person, corporation, association, partnership or other legal entity. 

SECTION 9. Section 87AV2 of said chapter 1 1 2, as so appearing, is hereby amended 
by inserting after the word "holders", in line 25, the following words:- and individuals 
qualifying to engage in the practice of certified public accountancy, pursuant to paragraph 
(2) of subsection (h) of section 87B. 

SECTION 10. Section 87B of said chapter 1 1 2, as so appearing, is hereby amended 
by adding the following subsection:- 

(h)(1) Notwithstanding any general or special law to the contrary, a person shall not 
engage in the practice of certified public accountancy pursuant to paragraph (2) unless such 
person holds a valid license as a certified public accountant from a state that permits a 
certified public accountant licensed by the commonwealth to qualify for substantial 
equivalency and to engage in the practice of certified public accountancy in that state and 
have all the privileges of a certified public accountant in that state without the need to obtain 
a certificate or license from that state. 



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Chap. 22 

(2) A person whose principal place of business is outside the commonwealth shall 
be deemed to have qualifications substantially equivalent to the commonwealth's 
requirements for the practice of public accountancy and shall be authorized to engage in the 
practice of certified public accountancy in the commonwealth, including offering and 
rendering professional services, whether in person or by mail, telephone or electronic means, 
if such person holds: (i) a valid license as a certified public accountant issued by any state 
which the National Qualification Appraisal Service of the National Association of State 
Boards of Accountancy, hereinafter referred to as the NASBA, has verified to be in 
substantial equivalence with the certified public accountant licensure requirements of the 
Uniform Accountancy Act published jointly by the NASBA and the American Institute of 
Certified Public Accountants, hereinafter referred to as the AICPA, if such state has adopted 
and implemented a 1 50 hour educational requirement as a qualification for initial licensure 
as a certified public accountant; or (ii) a valid license as a certified public accountant issued 
by any state which the National Qualification Appraisal Service of the NASBA has not 
verified to be in substantial equivalence with the certified public accountant licensure 
requirements of the AICPA/NASBA Uniform Accountancy Act, if such person has obtained, 
from the National Qualification Appraisal Service of the NASBA, verification that such 
person's certified public accountant qualifications are substantially equivalent to the certified 
public accountant licensure requirements of the AICPA/NASBA Uniform Accountancy Act; 
provided, however, that any person who has passed the Uniform Certified Public Accountant 
Examination and holds a valid certified public accountant certificate issued by any other state 
prior to January 1, 2012 shall be deemed exempt from the education requirements in 
subsection (e) of section %lAVz. 

(3) Any person holding a certified public accountant certificate from another state and 
engaged in the practice of certified public accountancy pursuant to this subsection, and the 
firm, which employs such person is acting in the commonwealth as an agent of such firm, 
shall be deemed to have consented to (i) the disciplinary authority of the board, and to the 
personal and subject matter jurisdiction of any duly authorized court of the commonwealth; 
(ii) compliance with this chapter and any regulation adopted by the board pursuant hereto; 
(iii) agree to cease offering or rendering professional services in the commonwealth 
personally and as an agent of a firm, if the certificate from the state of the person's principal 
place of business is no longer valid, or if the certificate or license from the state of the firm's 
principal place of business is no longer valid; and (iv) the appointment of the state board that 
issued the person's or firm's certificate as the person's or firm's agent upon which process 
may be served in any action or proceeding by the board. 

(4) A person and a firm issued a license to practice public accountancy by the board 
shall be subject to disciplinary action by the board for acts or omissions related to the 
practice of public accountancy committed in any other state. The board may investigate any 
complaint concerning a Massachusetts licensee filed with the board of accountancy of any 
other state and shall enforce any disciplinary action taken by the board of accountancy of any 
other state. 



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Chap. 22 

(5) An individual licensee or a person engaged in the practice of certified public 
accountancy pursuant to paragraph (2) who is responsible for supervising, attesting to or 
compiling services and who signs, or authorizes another to sign, an accountant's report on 
the financial statements on behalf of a firm shall meet the competency requirements set out 
in the professional standards for such services. 

(6) A licensee or a person engaged in the practice of certified public accountancy 
pursuant to paragraph (2) who signs, or authorizes another to sign, an accountant's report on 
financial statements on behalf of a firm shall meet the competency requirements set out in 
the professional standards adopted by the board of professional licensure for such services. 

SECTION 10 A. Paragraph (2) of subsection (h) of section 87B of chapter 112 of 
the General Laws, as appearing in section 10, is hereby amended by adding the following 
sentence:- Any person who qualifies for the practice privilege pursuant to this subsection 
may exercise such privilege in the commonwealth, without limitation on the period of time 
within which such person may so practice in the commonwealth as long as such person 
remains qualified pursuant to this subsection, and shall not be required to obtain a certificate 
or license pursuant to this section, except as provided in this subsection, submit any other 
notice to the board or obtain a temporary practice permit from, or pay any fee to the board. 

SECTION 11. Section 87BV2 of said chapter 112, as so appearing, is hereby 
amended by striking out, in lines 29 and 30, the words "perform professional services in the 
commonwealth hold valid licenses issued by the board or are public accountants licensed by 
the board" and inserting in place thereof the following words:- practice public accountancy 
in the commonwealth and hold valid licenses issued by the board. 

SECTION 12. Said section 87BV2 of said chapter 112, as so appearing, is hereby 
further amended by inserting after the word "statements", in line 47, the following words:- 
, unless such individuals qualify to engage in the practice of certified public accountancy 
pursuant to paragraph (2) of subsection (h) of section 87B. 

SECTION 13. Subsection (b) of said section 87B 1 / 2 of said chapter 1 12, as so 
appearing, is hereby amended by striking out paragraphs (6) to (8), inclusive. 

SECTION 14. Said section 87B^ of said chapter 1 12, as so appearing, is hereby 
further amended by striking out subsection (c) and inserting in place thereof the following 
subsection :- 

(c) Each office of a firm within the commonwealth shall be registered with the board 
and shall be under the supervision of a person holding a valid license to practice issued under 
section 87B. Proof thereof shall be provided by each applicant for initial issuance or renewal 
of a license to practice under this section. 

SECTION 15. Section 87C of said chapter 1 12 is hereby repealed. 

SECTION 16. Section 87CV2 of said chapter 1 12 of the General Laws, as appearing 
in the 2008 Official Edition, is hereby amended by inserting after the word "licensee" in line 
5 the following words:- or any individual qualifying for practice privileges pursuant to 
paragraph (1) of subsection (h) of section 87B. 



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Chap. 22 

SECTION 17. Said section 87054 of said chapter 1 12 of the General Laws, as so 
appearing, is hereby further amended by inserting after subsection (b) the following 
subsection :- 

(V/2) The board may revoke or suspend a license granted pursuant to section SIBV2 
if at any time a licensee is no longer qualified under the law by which he qualified for 
registration, and the board may revoke or suspend any such license for any of the causes 
enumerated in this section and for the following additional causes: (i) upon the revocation 
or suspension of the certificate, registration or biennial license of any partner or any officer, 
director, shareholder, member or employee of the firm for whom such licensee is employed; 
and (ii) upon the cancellation, revocation, suspension or refusal to renew the authority of the 
firm to practice public accountancy in any other state, for any cause other than failure to pay 
a registration fee in such another state. 

SECTION 18. Said section 87CVi of said chapter 1 12, as so appearing, is hereby 
further amended by striking out, in lines 38 to 39, the words "or (b)" and inserting in place 
thereof the following words:- , (b) or (b/4). 

SECTION 18A. Said section 87CV& of said chapter 1 12, as so appearing, is hereby 
further amended by adding the following subsection:- 

(d) A person engaged in the practice of certified public accountancy pursuant to 
paragraph (2) of subsection (h) of section 87B shall be included, for purposes of this section, 
within the definition of a licensee. 

SECTION 19. Section 87D of said chapter 1 12, as so appearing, is hereby amended 
by striking out, in line 13, the word "thereon" and inserting in place thereof the following 
words:- thereon; nor shall it apply to an individual qualifying to engage in the practice of 
certified public accountancy pursuant to paragraph (2) of subsection (h) of section 87B. 

SECTION 20. Said section 87D of said chapter 112, as so appearing, is hereby 
further amended by striking out subsections (d) to (g), inclusive, and inserting in place 
thereof the following subsections :- 

(d) Any person who does not hold a valid certified public accountancy certificate and 
a valid certified public accountancy license shall not use or assume the title or designation 
"certified public accountant", "public accountant" or the abbreviations "CPA" or "PA" or 
any other title, designation, words, letters, abbreviation, sign, card or device tending to 
indicate that such person is a certified public accountant or public accountant. 

(e) No firm shall assume or use the title or designation "certified public accountants", 
"public accountants" or the abbreviations "CPA" or "PA" or any other title, designation, 
words, letters, abbreviation, sign, card or device tending to indicate that such firm is 
composed of certified public accountants or public accountants, unless: (1) the firm holds a 
valid license issued under section 87B/4; and (2) all partners, officers, members and 
shareholders of the firm hold valid certified public accountancy certificates and licenses. 

SECTION 21. Said section 87D of said chapter 1 12 of the General Laws, as so 
appearing, is hereby further amended by adding the following subsection:- 



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Chap. 22 

(m) A person qualified to engage in the practice of certified public accountancy 
pursuant to paragraph (2) of subsection (h) of section 87B shall be included, for purposes of 
this section, within the definition of a person holding a valid license or certificate. 

SECTION 22. Whoever qualifies to engage in the practice of certified public 
accountancy pursuant to subsection (h) of section 87B of chapter 1 12 of the General Laws, 
may so practice for a period not to exceed 90 days in a calendar year. To practice beyond the 
90 day period such person shall apply for a temporary practice permit. The application for 
the temporary practice permit shall be in a form to be prescribed by the board of public 
accountancy. Such form shall require the applicant's name, the applicant's address, the state 
of the applicant's principal place of business, and the applicant's license number in such state 
and any other contact information which the board deems necessary. A temporary practice 
permit shall be valid until June 30, 201 1 , unless revoked by the board for good cause shown, 
and shall authorize the holder thereof to practice on the same terms as during the initial 90 
day period upon submission of the application therefor, unless and until such application is 
rejected by the board. 

SECTION 22A. The board of public accountancy shall adopt rules and regulations 
for the implementation, administration and enforcement of subsection (h) of section 87B of 
chapter 112 of the General Laws, as appearing in section 10, not later than January 1, 201 1 . 

SECTION 23. Section 22 is hereby repealed. 

SECTION 24. Notwithstanding any general or special law to the contrary, the 
secretary of administration and finance, in consultation with the director of professional 
licensure, may adjust the fees established by said secretary pursuant to section 3B of chapter 
7 of the General Laws for the issuance of a firm license under section 87BVS of chapter 112 
of the General Laws to offset the loss, or any anticipated loss, of revenue incurred by the 
commonwealth and the division of professional licensure as a result of the enactment, 
administration and enforcement of this act. 

SECTION 25. Sections 10A and 23 shall take effect on June 30, 2011. The 
remainder of this act, except section 22 A, shall take effect on July 1, 2010. 

Approved, February 4, 2010. 



Chapter 23. AN ACT RELATIVE TO HARASSMENT PREVENTION ORDERS. 

Be it enacted, etc., as follows: 

The General Laws are hereby amended by inserting after chapter 25 8D the following 
chapter:- 

CHAPTER258E 
HARASSMENT PREVENTION ORDERS 

Section 1. As used in this chapter the following words shall, unless the context 



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Chap. 23 

clearly requires otherwise, have the following meanings :- 

"Abuse", attempting to cause or causing physical harm to another or placing another 
in fear of imminent serious physical harm. 

"Harassment", (i) 3 or more acts of willful and malicious conduct aimed at a specific 
person committed with the intent to cause fear, intimidation, abuse or damage to property 
and that does in fact cause fear, intimidation, abuse or damage to property; or (ii) an act that: 

(A) by force, threat or duress causes another to involuntarily engage in sexual relations; or 

(B) constitutes a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 or 43 A 
of chapter 265 or section 3 of chapter 272. 

"Court", the district or Boston municipal court, the superior court or the juvenile 
court departments of the trial court. 

"Law officer", any officer authorized to serve criminal process. 

"Malicious", characterized by cruelty, hostility or revenge. 

"Protection order issued by another jurisdiction", an injunction or other order issued 
by a court of another state, territory or possession of the United States, the Commonwealth 
of Puerto Rico, or the District of Columbia, or a tribal court that is issued for the purpose of 
preventing violent or threatening acts, abuse or harassment against, or contact or 
communication with or physical proximity to another person, including temporary and final 
orders issued by civil and criminal courts filed by or on behalf of a person seeking protection. 

Section 2. Proceedings under this chapter shall be filed, heard and determined in the 
superior court department or the Boston municipal court department or the respective 
divisions of the juvenile or district court departments having venue over the plaintiffs 
residence. The juvenile court shall have jurisdiction over all proceedings under this chapter 
in which both the plaintiff and the defendant are under the age of 17. 

Section 3. (a) A person suffering from harassment may file a complaint in the 
appropriate court requesting protection from such harassment. A person may petition the 
court under this chapter for an order that the defendant: 

(i) refrain from abusing or harassing the plaintiff, whether the defendant is an adult 
or minor; 

(ii) refrain from contacting the plaintiff, unless authorized by the court, whether the 
defendant is an adult or minor; 

(iii) remain away from the plaintiffs household or workplace, whether the defendant 
is an adult or minor; and 

(iv) pay the plaintiff monetary compensation for the losses suffered as a direct result 
of the harassment; provided, however, that compensatory damages shall include, but shall 
not be limited to, loss of earnings, out-of-pocket losses for injuries sustained or property 
damaged, cost of replacement of locks, medical expenses, cost for obtaining an unlisted 
phone number and reasonable attorney's fees. 

(b) The court may order that information in the case record be impounded in 
accordance with court rule. 



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Chap. 23 

(c) No filing fee shall be charged for the filing of the complaint. The plaintiff shall 
not be charged for certified copies of any orders entered by the court, or any copies of the file 
reasonably required for future court action or as a result of the loss or destruction of 
plaintiff's copies. 

(d) Any relief granted by the court shall not extend for a period exceeding 1 year. 
Every order shall, on its face, state the time and date the order is to expire and shall include 
the date and time that the matter will again be heard. If the plaintiff appears at the court at 
the date and time the order is to expire, the court shall determine whether or not to extend 
the order for any additional time reasonably necessary to protect the plaintiff or to enter a 
permanent order. When the expiration date stated on the order is on a date when the court 
is closed to business, the order shall not expire until the next date that the court is open to 
business. The plaintiff may appear on such next court business day at the time designated 
by the order to request that the order be extended. The court may also extend the order upon 
motion of the plaintiff, for such additional time as it deems necessary to protect the plaintiff 
from harassment. The fact that harassment has not occurred during the pendency of an order 
shall not, in itself, constitute sufficient ground for denying or failing to extend the order, or 
allowing an order to expire or be vacated or for refusing to issue a new order. 

(e) The court may modify its order at any subsequent time upon motion by either 
party; provided, however, that the non-moving party shall receive sufficient notice and 
opportunity to be heard on said modification. When the plaintiffs address is inaccessible 
to the defendant as provided in section 1 and the defendant has filed a motion to modify the 
court's order, the court shall be responsible for notifying the plaintiff. In no event shall the 
court disclose any such inaccessible address. 

(f) The court shall not deny any complaint filed under this chapter solely because it 
was not filed within a particular time period after the last alleged incident of harassment. 

(g) An action commenced under this chapter shall not preclude any other civil or 
criminal remedies. A party filing a complaint under this chapter shall be required to disclose 
any prior or pending actions involving the parties. 

Section 4. Upon the filing of a complaint under this chapter, a complainant shall be 
informed that the proceedings hereunder are civil in nature and that violations of orders 
issued hereunder are criminal in nature. Further, a complainant shall be given information 
prepared by the appropriate district attorney's office that other criminal proceedings may be 
available and such complainant shall be instructed by such district attorney's office relative 
to the procedures required to initiate criminal proceedings including, but not limited to, a 
complaint for a violation of section 13B, 13F, 13H, 22, 22A, 23, 24, 24B, 26C, 43 and 43 A 
of chapter 265 or section 3 of chapter 272. Whenever possible, a complainant shall be 
provided with such information in the complainant's native language. 

Section 5. Upon the filing of a complaint under this chapter, the court may enter such 
temporary orders as it deems necessary to protect a plaintiff from harassment, including relief 
as provided in section 3. 



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Chap. 23 

If the plaintiff demonstrates a substantial likelihood of immediate danger of 
harassment, the court may enter such temporary relief orders without notice as it deems 
necessary to protect the plaintiff from harassment and shall immediately thereafter notify the 
defendant that the temporary orders have been issued. The court shall give the defendant an 
opportunity to be heard on the question of continuing the temporary order arid of granting 
other relief as requested by the plaintiff not later than 1 court business days after such orders 
are entered. 

Notice shall be made by the appropriate law enforcement agency as provided in 
section 9. 

If the defendant does not appear at such subsequent hearing, the temporary orders 
shall continue in effect without further order of the court. 

Section 6. When the court is closed for business or the plaintiff is unable to appear 
in court because of severe hardship due to the plaintiffs physical condition, the court may 
grant relief to the plaintiff as provided under section 5 if the plaintiff demonstrates a 
substantial likelihood of immediate danger of harassment. In the discretion of the justice, 
such relief may be granted and communicated by telephone to an officer or employee of an 
appropriate law enforcement agency, who shall record such order on a form of order 
promulgated for such use by the chief justice for administration and management and shall 
deliver a copy of such order on the next court day to the clerk or clerk-magistrate of the court 
having venue and jurisdiction over the matter. If relief has been granted without the filing 
of a complaint pursuant to this section, the plaintiff shall appear in court on the next available 
business day to file a complaint. If the plaintiff in such a case is unable to appear in court 
without severe hardship due to the plaintiff s physical condition, a representative may appear 
in court, on the plaintiffs behalf and file the requisite complaint with an affidavit setting 
forth the circumstances preventing the plaintiff from appearing personally. Notice to the 
plaintiff and defendant and an opportunity for the defendant to be heard shall be given as 
provided in said section 5. 

Any order issued under this section and any documentation in support thereof shall 
be certified on the next court day by the clerk or clerk-magistrate of the court issuing such 
order to the court having venue and jurisdiction over the matter. Such certification to the 
court shall have the effect of commencing proceedings under this chapter and invoking the 
other provisions of this chapter but shall not be deemed necessary for an emergency order 
issued under this section to take effect. 

Section 7. Any protection order issued by another jurisdiction shall be given full faith 
and credit throughout the commonwealth and enforced as if it were issued in the 
commonwealth for as long as the order is in effect in the issuing jurisdiction. 

A person entitled to protection under a protection order issued by another jurisdiction 
may file such order with the appropriate court by filing with the court a certified copy of such 
order. Such person shall swear under oath in an affidavit, to the best of such person's 
knowledge, that such order is presently in effect as written. Upon request by a law 
enforcement agency, the clerk or clerk-magistrate of such court shall provide a certified copy 



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of the protection order issued by the other jurisdiction. 

A law officer may presume the validity of, and enforce in accordance with section 8, 
a copy of a protection order issued by another jurisdiction which has been provided to the 
law officer by any source; provided, however, that the officer is also provided with a 
statement by the person protected by the order that such order remains in effect. Law officers 
may rely on such statement by the person protected by such order. 

Section 8. Whenever a law officer has reason to believe that a person has been 
abused or harassed or is in danger of being abused or harassed, such officer shall use all 
reasonable means to prevent further abuse or harassment. Law officers shall make every 
effort to do the following as part of the emergency response: 

(i) assess the immediate physical danger to the victim and provide assistance 
reasonably intended to mitigate the safety risk; 

(ii) if there is observable injury to the victim or if the victim is complaining of injury, 
encourage the victim to seek medical attention and arrange for medical assistance or request 
an ambulance for transport to a hospital; 

(iii) if a sexual assault has occurred, notify the victim that there are time-sensitive 
medical or forensic options that may be available, encourage the victim to seek medical 
attention and arrange for medical assistance or request an ambulance for transport to a 
hospital; 

(iv) provide the victim with referrals to local resources that may assist the victim in 
locating and getting to a safe place; and 

(v) provide adequate notice to the victim of his rights including, but not limited to, 
obtaining a harassment prevention order. 

Section 9. When considering a complaint filed under this chapter, the court shall 
order a review of the records contained within the court activity record information system 
and the statewide domestic violence recordkeeping system, as provided in chapter 188 of the 
acts of 1 992 and maintained by the commissioner of probation, and shall review the resulting 
data to determine whether the named defendant has a civil or criminal record involving 
violent crimes or abuse. Upon receipt of information that an outstanding warrant exists 
against the named defendant, a judge shall order that the appropriate law enforcement 
officials be notified and shall order that any information regarding the defendant's most 
recent whereabouts shall be forwarded to such officials. In all instances in which an 
outstanding warrant exists, the court shall make a finding, based upon all of the 
circumstances, as to whether an imminent threat of bodily injury exists to the petitioner. In 
all instances in which such an imminent threat of bodily injury is found to exist, the judge 
shall notify the appropriate law enforcement officials of such finding and such officials shall 
take all necessary actions to execute any such outstanding warrant as soon as is practicable. 

Whenever the court orders that the defendant refrain from harassing the plaintiff or 
have no contact with the plaintiff under section 3, 5 or 6, the clerk or clerk-magistrate shall 
transmit: (i) to the office of the commissioner of probation information for filing in the court 
activity record information system or the statewide domestic violence recordkeeping system 



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Chap. 23 

as provided in said chapter 188 of the acts of 1992 or in a recordkeeping system created by 
the commissioner of probation to record the issuance of, or violation of, prevention orders 
issued pursuant to this chapter; and (ii) 2 certified copies of each such order and 1 copy of 
the complaint and summons forthwith to the appropriate law enforcement agency which, 
unless otherwise ordered by the court, shall serve 1 copy of each order upon the defendant, 
together with a copy of the complaint and order and summons. The law enforcement agency 
shall promptly make its return of service to the court. The commissioner of probation may 
develop and implement a statewide harassment prevention order recordkeeping system. 

Law officers shall use every reasonable means to enforce such harassment prevention 
orders. Law enforcement agencies shall establish procedures adequate to ensure that an 
officer on the scene of an alleged violation of such order may be informed of the existence 
and terms of such order. The court shall notify the appropriate law enforcement agency in 
writing whenever any such order is vacated and shall direct the agency to destroy all record 
of such vacated order and such agency shall comply with that directive. 

Each harassment prevention order issued shall contain the following statement: 

VIOLATION OF THIS ORDER IS A CRIMINAL OFFENSE. 

Any violation of such order or a protection order issued by another jurisdiction shall 
be punishable by a fine of not more than $5,000, or by imprisonment for not more than 2Vi 
years in a house of correction, or both. In addition to, but not in lieu of, the foregoing 
penalties and any other sentence, fee or assessment, including the victim witness assessment 
in section 8 of chapter 258B, the court shall order persons convicted of a violation of such 
an order to pay a fine of $25 that shall be transmitted to the treasurer for deposit into the 
General Fund. For any violation of such order, the court may order the defendant to 
complete an appropriate treatment program based on the offense. 

In each instance in which there is a violation of a harassment prevention order or a 
protection order issued by another jurisdiction, the court may order the defendant to pay the 
plaintiff for all damages including, but not limited to, loss of earnings, out-of-pocket losses 
for injuries sustained or property damaged, cost of replacement locks, medical expenses, cost 
for obtaining an unlisted telephone number and reasonable attorney's fees. 

Any such violation may be enforced by the court. Criminal remedies provided herein 
are not exclusive and do not preclude any other available civil or criminal remedies. The 
court may enforce by civil contempt procedure a violation of its own court order. 

Section 8 of chapter 136 shall not apply to any order, complaint or summons issued 
pursuant to this section. 

Section 10. The records of cases arising out of an action brought under this chapter 
in which the plaintiff or defendant is a minor shall be withheld from public inspection except 
by order of the court; provided, however, that such records shall be open, at all reasonable 
times, to the inspection of the minor, such minor's parent, guardian and attorney and to the 
plaintiff and the plaintiffs attorney. 



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Chap. 23 

The plaintiffs residential address, residential telephone number and workplace name, 
address and telephone number, contained within the court records of cases arising out of an 
action brought by a plaintiff under this chapter, shall be confidential and withheld from 
public inspection, except by order of the court; provided, however, that the plaintiffs 
residential address and workplace address shall appear on the court order and be accessible 
to the defendant and the defendant's attorney unless the plaintiff specifically requests that 
this information be withheld from the order. All confidential portions of the records shall 
be accessible at all reasonable times to the plaintiff and plaintiffs attorney, to others 
specifically authorized by the plaintiff to obtain such information and to prosecutors, 
victim- witness advocates as defined in section 1 of chapter 25 8B, sexual assault counselors 
as defined in section 20 J of chapter 233 and law officers, if such access is necessary in the 
performance of their duties. This paragraph shall apply to any protection order issued by 
another jurisdiction filed with a court of the commonwealth pursuant to section 7. Such 
confidential portions of the court records shall not be deemed to be public records under 
clause Twenty-sixth of section 7 of chapter 4. 

Section 1 1 . The chief justice for administration and management shall adopt a form 
of complaint for use under this chapter which shall be in such form and language to permit 
a plaintiff to prepare and file such complaint pro se. 

Section 12. The court shall impose an assessment of $350 against any person who 
has been referred to a treatment program as a condition of probation. Such assessment shall 
be in addition to the cost of the treatment program. In the discretion of the court, such 
assessment may be reduced or waived if the court finds that such person is indigent or that 
payment of the assessment would cause the person, or the dependents of such person, severe 
financial hardship. Assessments made pursuant to this section shall be in addition to any 
other fines, assessments or restitution imposed in any disposition. All funds collected by the 
court pursuant to this section shall be transmitted monthly to the state treasurer, who shall 
deposit such funds into the General Fund. 

Approved, February 9, 2010. 



Chapter 24. AN ACT RELATIVE TO VOCATIONAL EDUCATION. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to increase forthwith access to vocational education programs, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

The commissioner of elementary and secondary education may approve the establish- 
ment of 2 pilot vocational-technical education programs in criminal justice, 1 of which shall 



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Chap. 24 

be by the Greater New Bedford Regional Vocational Technical High School and 1 of which 
shall be by Quincy High School. The purpose of the pilot programs shall be to determine the 
feasibility and cost of establishing criminal justice as a vocational-technical education 
program under chapter 74 of the General Laws. Students enrolled in the pilot programs shall 
be considered to be enrolled in an approved vocational-technical education program for all 
purposes; provided, however, that those students shall not be included within the definition 
of vocational enrollment in section 2 of chapter 70 of the General Laws for funding purposes. 
The qualifications of the teachers shall be subject to approval by the commissioner. The 
department of elementary and secondary education shall report its recommendations 
regarding the feasibility and costs of establishing criminal justice as a vocational-technical 
education program under chapter 74 of the General Laws to the general court by June 30, 
2013. 

Approved, February 9, 2010. 



Chapter 25. AN ACT NAMING A CERTAIN BRIDGE IN THE CITY OF MALDEN 
AS THE JOSEPH E. CROKEN MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The bridge on Mountain avenue in the city of Maiden, shall be designated and known 
as the Joseph E. Croken Memorial Bridge, in memory of Maiden court clerk magistrate 
Joseph E. Croken, a lifelong Maiden resident who served the city of Maiden, the 
commonwealth and the United States of America throughout his life. 

The Massachusetts Bay Transportation Authority shall erect suitable markers bearing 
that designation in compliance with the standards of that agency. The department of public 
works for the city of Maiden shall be responsible for the maintenance of the markers. 

Approved, February 9, 2010. 



Chapter 26. AN ACT RELATIVE TO THE COLLECTION OF UNPAID 
MUNICIPAL FINES. 

Be it enacted, etc., as follows: 

The General Laws are hereby amended by inserting after chapter 40T the following 
chapter:- 

CHAPTER 40U 
MUNICIPAL FINES 



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Chap. 26 

Section 1 . As used in this chapter, the following words shall have the following 
meanings unless the context clearly requires otherwise: 

"Municipal hearing officer", a person appointed by the appointing authority of a 
municipality to conduct hearings of alleged code violations pursuant to this chapter. 

"Unpaid charge", an unpaid fine incurred as a result of a violation of a rule, 
regulation, order, ordinance or by-law regulating the housing, sanitary or municipal snow and 
ice removal requirement. 

Section 2. This chapter shall take effect in a municipality upon its acceptance. 

Section 3. A municipality that adopts this chapter shall, in the manner provided in 
this chapter adopt procedures for the payment of the municipal fines provided in this chapter 
and may revoke or rescind any such acceptance. 

Section 4. The adoption of procedures for the payment of certain municipal fines 
under this chapter shall be by majority vote of the city council or town meeting. 

Section 5. A municipality shall by ordinances and by-laws provide for the removal 
of snow and ice from sidewalks within such portions of the municipality as they consider 
expedient by the owner of land abutting such sidewalks. Such ordinances and by-laws shall 
determine the time and manner of removal and shall affix penalties, not exceeding $200, for 
each such violation. Such ordinances and by-laws shall be specific as to the width of the area 
to be cleared and the standards for clearance. 

Section 6. A municipality shall appoint a municipal hearing officer. The officer shall 
hear appeals of violation notices issued within the municipality. The municipal hearing 
officer may be the same person appointed as a municipal hearing officer pursuant to chapter 
148A. 

Section 7. A municipality may implement a system for the administrative disposition 
of noncriminal violations pursuant to section 2 ID of chapter 40. 

Section 8. Every officer and inspector who takes notice of a violation of a rule, 
regulation, order, ordinance or by-law regulating the housing, sanitary or snow and ice 
removal requirement shall provide the offender with a notice forthwith, which shall be in tag 
form, to appear before the municipal hearing officer or the hearings officer's designee during 
regular office hours, not later than 21 days after the date of such violation. All tags shall be 
prepared in triplicate or by the use of an automated ticketing device and shall be 
pre-numbered. 

Section 9. The tag shall be affixed securely to the building or, for a building with an 
onsite professionally-managed property office, delivered to the office during normal business 
hours and shall contain, but shall not be limited, to: the date, time and place of the violation, 
the specific violation charged, the name and badge number of the officer or inspector and his 
division, a schedule of payment for established fines and instructions for return of the tag. 

Section 10. Within 3 business days after completion of each shift, the officer or in- 
spector shall give to his superior those copies of each notice of a violation issued during such 
shift. The superior shall retain and preserve 1 copy and shall, not later than the beginning 



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Chap. 26 

of the next business day after receipt of the notice, deliver another copy to the municipal 
hearing officer before whom the offender has been notified to appear, unless the ticket was 
produced by an automated ticketing device, in which case no duplicate copies need be 
retained. The municipal hearing officer shall maintain a docket of all such notices to appear. 

Section 1 1 . The municipality shall, by ordinance or by-law, establish a schedule of 
fines for violations subject to this chapter committed within the municipality; provided, 
however, that all such fines shall be uniform for the same offense committed in the same 
zone or district, if any. A fine established under this chapter shall not exceed the maximum 
allowable amount under the relevant sections of the housing or sanitary code or municipal 
snow and ice removal requirement, excluding late fees. 

Section 12. Where a notice of violation is issued for a code violation, the alleged 
violator, within 21 days, shall return the notice of violation by mail, personally or by an 
authorized person, to the municipal hearing officer and shall either: (1) pay in full the 
scheduled fine by check, postal note, money order or other legal tender; or (2) request a 
hearing before the municipal hearing officer. Each violation issued shall contain a statement 
explaining the procedure to adjudicate the violation by mail. Any amounts paid shall be 
payable to the municipality. If a fine remains unpaid for 21 days and no hearing has been 
requested, a letter shall be sent to the property owner of record's mailing address and, if 
appropriate to the local individual or property management company responsible for the 
maintenance of the property, with a processing fee of not more than $10. notifying him that 
the fine shall be paid within 30 days after receipt of that notice unless within 14 days of 
receiving that notice the property owner requests a hearing before the municipal hearing 
officer and swears in writing under the pains and penalties of perjury that the property owner 
did not receive the notice of violation. If the fine remains unpaid after that 30 day period, 
additional penalties and interest may be attached. Thereafter, any fine and additional 
penalties and interest that may be attached and which remain unpaid shall become an 
additional assessment on the property owner' s tax bill. Such amount and cost relative thereto 
may also be a lien upon such real estate as provided in section 42B of chapter 40. A 
municipality's determination of whether to place a lien on the property may involve the 
number of and the dollar amount of the violations on the property. The property owner of 
record shall be notified by certified mail of the lien on the property. No lien shall be 
removed without notice from the tax collector that all such matters have been disposed of in 
accordance with law. Additional charges equal to the amount required to file the lien and the 
amount required to release the lien shall be assessed against the owner of record for the 
purpose of ensuring that all costs associated with filing and release are recovered. 

Section 13. Any person notified to appear before the municipal hearing officer, as 
provided herein may, without waiving the right to a hearing provided by this chapter and 
without waiving judicial review as provided in section 14 of chapter 30 A, challenge the 
validity of the violation notice and receive a review and disposition of the violation from the 
municipal hearing officer by mail. The alleged violator may, upon receipt of the notice to 



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Chap. 26 

appear, send a signed statement of objections to the violation notice as well as signed 
statements from witnesses, police officers, government officials and other relevant parties. 
Photographs, diagrams, maps and other documents may also be sent with the statements. 
Any statements or materials sent to the municipal hearing officer for review shall have 
attached the person's name and complete address as well as the ticket number and the date 
of the violation. The municipal hearing officer shall, within 21 days after receipt of such 
material, review the material and dismiss or uphold the violation and notify the alleged 
violator by mail of the disposition of the hearing. If the outcome of the hearing is against the 
alleged violator, the municipal hearing officer shall explain the reasons for the outcome on 
the notice. Such review and disposition conducted by mail shall be informal, the rules of 
evidence shall not apply and the decision of the municipal hearing officer shall be final, 
subject to any hearing provisions provided by this chapter or to judicial review as provided 
in said section 14 of said chapter 30 A. 

Section 14. Notwithstanding section 2 ID of chapter 40, a person who desires to 
contest a violation of any ordinance or by-law of a municipality alleged in a notice to appear, 
pursuant to violations issued by a municipality in accordance with said section 21D of said 
chapter 40, shall request in writing a hearing before a municipal hearing officer. The notice 
to appear shall be in the format specified in said section 21D of said chapter 40, except that 
the third copy of the notice shall be submitted to the municipal hearing officer unless the 
ticket was produced by an automated ticketing device. 

If the alleged violator requests a hearing before the municipal hearing officer in a 
timely manner, the municipal hearing officer shall schedule a hearing not later than 45 days 
after receiving the hearing request. The municipal hearing officer shall duly notify the 
alleged violator of the date, time and location of the hearing. Hearings shall be held on at 
least 2 evenings each month. When a hearing notice is sent, the alleged violator shall be 
given an opportunity to request a rescheduled hearing date. The municipal hearing officer 
so designated shall not be an employee or officer of the department associated with the 
issuance of the notice of violation. 

The municipal hearing officer shall receive annual training in the conduct of 
administrative hearings. The hearing and disposition shall be informal and shall follow the 
rules set forth in chapter 30A. Rules for judicial proceedings shall not apply. In conducting 
the hearing, the municipal hearing officer shall determine whether the violation occurred and 
whether it was committed by the person notified to appear. 

Section 15. A person aggrieved by a decision of the municipal hearing officer may 
appeal to the district court, housing court or other court of competent jurisdiction pursuant 
to section 2 ID of chapter 40, on a form provided by the municipality, and shall be entitled 
to a de novo hearing before a clerk magistrate of the court. The court shall consider such 
appeals under a civil standard. The aggrieved person shall file the appeal within 10 days 
after receiving notice of the decision from the municipal hearing officer who conducted the 
hearing. 



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Chap. 26 

Section 16. Any person who has received a notice of violation issued in accordance 
with this chapter who, within the prescribed time, fails to pay the same or fails to request a 
hearing before the municipal hearing officer or who fails to appear at the time and place of 
the hearing, shall be deemed responsible for the violation as stated in the notice of violation. 
Such finding of responsibility shall be considered prima facie evidence of the violation in a 
civil proceeding regarding that violation and shall be admissible as evidence in a subsequent 
criminal proceeding. If a person fails to appear at the scheduled hearing without good cause, 
the appeal shall be dismissed and the violator shall waive any further right of appeal. If the 
condition which caused the notice of violation to issue continues to exist, the finding of 
responsibility may also be used by a municipality as prima facie evidence of the existence 
of a violation in any proceeding to suspend or revoke any license, permit or certificate issued 
by such municipality relative to that building, structure or premises pending the correction 
of the condition. 

Section 17. All fines, penalties or assessments in actions under this chapter shall be 
paid to the general fund of the municipality. 

Section 18. In a municipality that has accepted this chapter, this chapter shall 
supersede any local ordinances or by-laws to the contrary. 

Approved, February 10, 2010. 



Chapter 27. AN ACT ESTABLISHING A SICK LEAVE BANK FOR TREE 
BORDEN, AN EMPLOYEE OF THE NORFOLK DISTRICT 
ATTORNEY'S OFFICE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the Norfolk district 
attorney's office, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
Norfolk district attorney's office shall establish a sick leave bank for Tree Borden, an 
employee of the office. Any employee of the office may voluntarily contribute 1 or more 
sick, personal or vacation days to the sick leave bank for use by Tree Borden. Sick leave 
bank days shall not be used for absences unrelated to the illness or disability that necessitated 
the establishment of the sick leave bank as determined by the office. Whenever Tree Borden 
terminates employment with the office or requests to dissolve the sick leave bank, any 
remaining time in the sick leave bank shall be transferred to the extended illness leave bank. 

Approved, February 1 1, 2010. 



82 



Chapter 28. AN ACT AUTHORIZING THE TOWN OF SPENCER TO GRANT 
TAX ABATEMENTS TO CERTAIN MILITARY PERSONNEL. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the contrary, the Spencer board of 
assessors may grant, retroactive to fiscal year 2010, real and personal property tax 
abatements, up to 100 per cent of the total tax assessed, to residents of the town who are 
members of the Massachusetts national guard or a reservist on active duty and serving in a 
foreign country, for the fiscal year in which that member is on active service and serving in 
a foreign country, subject to eligibility criteria established by the board of assessors. The 
authority to grant abatements under this act shall expire on July 1, 2020, unless specifically 
extended by a vote of the Spencer board of selectmen. 

Approved, February 1 1, 2010. 



Chapter 29. AN ACT AUTHORIZING THE BOARD OF ASSESSORS OF THE 
CITY OF QUINCY TO GRANT TAX ABATEMENTS TO CERTAIN 
MILITARY PERSONNEL 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law to the contrary, the board of assessors of 
the city of Quincy may grant, retroactive to fiscal year 2002, real and personal property tax 
abatements up to 100 per cent of the total tax assessed to members of the Massachusetts 
national guard and to reservists on active duty in foreign countries, for the fiscal year in 
which they performed such service subj ect to eligibility criteria to be established by the board 
of assessors. The authority to grant abatements under this act shall expire after fiscal year 
2010 unless extended by a vote of the city council of the city of Quincy. 

Approved, February 1 1, 2010. 



Chapter 30. AN ACT AUTHORIZING BERKSHIRE COMMUNITY COLLEGE 
TO LEASE CERTAIN LAND TO THE PITTSFIELD YOUNG MEN'S 
CHRISTIAN ASSOCIATION. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40F to 40J, inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance may, in consultation with the department of higher 
education and Berkshire Community College, enter into a lease or other agreement with the 
Pittsfield Young Men's Christian Association for the purpose of facilitating the operation and 



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Chap. 30 

maintenance of a summer community recreational program for a term, including extensions, 
not to exceed 20 years and pursuant to such additional terms and conditions as the 
commissioner may prescribe in consultation with the department of higher education and 
Berkshire Community College, of certain facilities at the college's campus in the city of 
Pittsfield; provided, however, that the lease shall provide that in the event of educational 
necessity, the lease may be terminated by the commonwealth upon 30 days written notice 
from the commissioner of capital asset management and maintenance to the Pittsfield Young 
Men's Christian Association. The consideration for the lease shall be the full and fair market 
value as determined by the commissioner of capital asset management and maintenance 
pursuant to an independent professional appraisal. The inspector general shall review and 
approve the appraisal and the review shall include an examination of the methodology 
utilized for the appraisal. Within 30 days of receiving the appraisal, the inspector general 
shall prepare a report of his review and file the report with the commissioner of capital asset 
management and maintenance. Within 15 days of receiving the inspector general's report 
but not later than 1 5 days before the execution of any agreement or other document relating 
to the lease, the commissioner shall submit such report to the house and senate committees 
on ways and means and the joint committee on state administration and regulatory oversight. 

SECTION 2. Notwithstanding any general or special law to the contrary, the parcel 
shall be leased subject to a restriction limiting the use of the parcel to community recreational 
purposes. If at any time the property ceases to be used for that purpose, the commissioner 
of capital asset management and maintenance shall give written notice to the Pittsfield 
Young Men's Christian Association of the unauthorized use. The Pittsfield Young Men's 
Christian Association shall, upon receipt of the notice, have 30 days to respond and a 
reasonable time to establish an authorized use of the parcel. If an authorized use of the parcel 
is not thereafter established, the lease of the parcel, upon the recording of a notice thereof by 
the commissioner in the appropriate registry of deeds, shall terminate and any further 
disposition of the property shall be subject to chapter 7 of the General Laws. 

SECTION 3. Any lease or other agreement entered into pursuant to this act shall be 
on such terms and conditions as the division of capital asset management and maintenance, 
in consultation with the department of higher education and Berkshire Community College, 
deems appropriate. Any such lease or other agreement shall contain a provision that requires 
the Pittsfield Young Men's Christian Association to carry comprehensive general liability 
insurance with the commonwealth named as a co-insured to protect the commonwealth 
against all personal injury or property damage on the facilities during the term of the lease 
or other agreement. The Pittsfield Young Men's Christian Association shall indemnify and 
hold the commonwealth and Berkshire Community College harmless for all personal injury 
or property damage caused or suffered by the Pittsfield Young Men's Christian Association, 
its clients or agents. 

SECTION 4. The Pittsfield Young Men's Christian Association shall be responsible 
for all costs deemed necessary or appropriate by the commissioner of capital asset 
management and maintenance for the transaction including, without limitation, the costs for 



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legal work, survey, title, appraisal and the preparation of plans and specifications. The 
Pittsfield Young Men's Christian Association shall also be responsible for any costs, 
liabilities or expenses of any kind for the development, improvement, maintenance or 
operation of the facilities subject to the lease or other agreement as may be determined by 
the commissioner of capital asset management and maintenance, in consultation with 
Berkshire Community College. 

The design of and plans and specifications for any buildings or other improvements 
to be constructed by the Pittsfield Young Men's Christian Association shall be subject to the 
review and approval of the division of capital asset management and maintenance and 
Berkshire Community College. 

Approved, February 1 1, 2010. 



Chapter 31. AN ACT RELATIVE TO THE WAREHAM FIRE DISTRICT. 

Be it enacted, etc., as follows: 

SECTION 1. The Wareham Fire District in the town of Wareham, hereinafter 
referred to as the district, shall have an exclusive right, privilege and franchise to supply 
water for extinguishing fires and for domestic, manufacturing and other purposes to the 
inhabitants of the town of Wareham within the district established by chapter 178 of the acts 
of 1907 and chapter 106 of the acts of 2000. A person, corporation, municipality, district or 
entity, except for the owner or owners of a parcel or parcels of land containing at least 100 
contiguous acres located in the town of Wareham, shall not create or operate a public water 
system within the territory of the district or supply water to the inhabitants within the district 
other than for personal domestic use unless otherwise authorized. 

SECTION 2. Notwithstanding any general or special law to the contrary, the district 
may supply water for extinguishing fires and for domestic, manufacturing, and other 
purposes to individuals, corporations, municipalities, districts, and other entities, without 
limitation, outside of the district established by said chapter 178 of the acts of 1907 and said 
chapter 106 of the acts of 2000. 

SECTION 3. The district may contract with any person, corporation, municipality, 
district and other entity for the supply of water outside of the district and may extend its 
pipes for that purpose, under the direction of the selectmen of the town or mayor of the city 
where the pipes are to be located, through the streets and highways of towns and cities lying 
outside the district established by said chapter 178 of the acts of 1907 and said chapter 106 
of the acts of 2000. The district may fix and collect rates for the use of the water, and may 
discontinue and shut off the water for the non-payment thereof and for violation of the terms 
of any contract made in accordance with this section. 

SECTION 4. Notwithstanding sections 2 and 3, the district shall not supply water 



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Chap. 31 

outside its territory if doing so impairs the district's ability to provide adequate supply of 
water for extinguishing fires and for domestic, manufacturing, and other purposes to itself 
or the inhabitants of the town of Wareham. 

SECTION 5. Specific statutory powers granted to the district by said chapter 1 78 
of the acts of 1907 and said chapter 106 of the acts of 2000 and not specifically mentioned 
in this act are hereby expanded to the extent necessary to permit the district to supply water 
outside of its territory in accordance with this act. 

SECTION 6. This act shall take effect upon its passage. 

Approved, February 1 8, 20 1 0. 



Chapter 32. AN ACT PROHIBITING CERTAIN DUMPING IN THE CITY OF 
BROCKTON. 

Be it enacted, etc., as follows: 

SECTION 1. Section 8 of chapter 3 of the acts of 2007 is hereby repealed. 
SECTION 2. This act shall take effect upon its passage. 

Approved, February 18, 2010. 



Chapter 33. AN ACT AUTHORIZING THE CITY OF LEOMINSTER TO GRANT 
AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC 
BEVERAGES NOT TO BE DRUNK ON THE PREMISES. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the 
licensing authority of the city of Leominster may grant a license for the sale of all alcoholic 
beverages not to be drunk on the premises to T & S Liquors, Inc. located at 104 Lancaster 
street in the city of Leominster under section 15 of said chapter 138. The license shall be 
subject to all of said chapter 138 except said section 17. 

The licensing authority shall not approve the transfer of the license to any other 
location but it may grant the license to a new applicant at the same location if the applicant 
files with the licensing authority a letter from the department of revenue indicating that the 
license is in good standing with the department and that all applicable taxes have been paid. 

If the license granted under this act is cancelled, revoked or no longer in use, it shall 
be returned physically with all of the legal rights, privileges and restrictions pertaining 
thereto to the licensing authority which may then grant the license to a new applicant at the 
same location under the same conditions as specified in this act. 



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Chap. 33 

Upon issuance of the license authorized in this act, T & S Liquors, Inc. shall return 
to the licensing authority the license it currently holds for the sale of wines and malt 
beverages not to be drunk on the premises. 

SECTION 2. This act shall take effect upon its passage. 

Approved, February 18, 2010. 



Chapter 34. AN ACT RELATIVE TO UNEMPLOYMENT INSURANCE RATES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to lower forthwith the cost of unemployment insurance, therefore it is hereby declared to 
be an emergency law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 14 of chapter 151 A of the General Laws, the 
experience rate of an employer qualifying therefor under subsection (b) of said section 14 of 
said chapter 1 5 1 A shall be the rate which appears in the column designated "E" in paragraph 
(1) of subsection (i) of said section 14 of said chapter 151 A for calendar year 2010. 

SECTION 2. This act shall take effect as of January 1, 2010. 

Approved, February 18, 2010. 



Chapter 35. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWNS OF 
ORANGE AND WENDELL AS THE FRANKLIN COUNTY PURPLE 
HEART MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The bridge on state highway route 2 spanning Route 2 A in the towns of Orange and 
Wendell shall be designated and known as the Franklin County Purple Heart Memorial 
Bridge. The Massachusetts Department of Transportation shall erect and maintain suitable 
markers bearing the designation in compliance with the standards of the department. 

Approved, February 23, 2010. 



Chapter 36. AN ACT ESTABLISHING A SICK LEAVE BANK FOR OLIVIA 
MULHALL, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 



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Chap. 36 

is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Olivia Mulhall, an employee of the Norfolk 
division of the probate and family court department of the trial court. Any employee of the 
trial court may voluntarily contribute 1 or more sick, personal or vacation days to the sick 
leave bank for use by Olivia Mulhall. Whenever Olivia Mulhall terminates employment with 
the trial court or requests to dissolve the sick leave bank, any remaining time in the sick leave 
bank shall be transferred to the trial court paid leave bank. Sick leave bank days shall not 
be used for absences unrelated to the illness or disability that necessitated the establishment 
of the sick leave bank as determined by the trial court. 

Approved, February 24, 2010. 



Chapter 37. AN ACT RELATIVE TO A WASTEWATER MANAGEMENT 
DISTRICT IN THE TOWN OF HARVARD. 

Be it enacted, etc., as follows: 

SECTION 1. As used in this act, the following words shall have, unless the context 
clearly requires otherwise, the following meanings:- 

"Board of health", the board of health of the town of Harvard. 

"Commission", the Harvard wastewater management district commission established 
in section 2. 

"Costs", all costs and expenses of the planning, design, acquisition, construction, 
installation, reconstruction, alteration, extension, improvement or enlargement of the 
wastewater management system including, without limitation, costs of labor, materials, 
professional services, consulting services, equipment, grinder and ejector pumps, supplies, 
machinery, structures, all rights in real and personal property, costs of demolitions or 
relocations, costs of removal or relocations of public utilities, financing charges and expenses 
and debt service costs relative to the wastewater management system. 

"Facility", a facility as defined in 310 CMR 15.002 as of May 1, 2009. 

"Harvard wastewater management service area", that portion of the town of Harvard 
shown on a plan entitled "Proposed Sewer Service Plan, Town of Harvard, Mass. prepared 
for Town of Harvard", dated 1 1/1 9/2008 and revised on 3/30/2009 prepared by Norfolk Ram 
in Association with Weston & Sampson and filed in the office of the town clerk of the town 
of Harvard or as such service area may be modified by majority vote of the town at a town 



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Chap. 37 

meeting, upon the recommendation of the commission. 

"Revenues", all rates, fees, charges, rents, proceeds of loans, grant funds, insurance 
proceeds, investment earnings and other receipts derived from the operation of the 
wastewater management system. 

"Town", the town of Harvard. 

"Wastewater", greywater and blackwater from domestic, municipal and other 
governmental and institutional uses; provided, however, that wastewater shall not include 
industrial waste as defined in 310 CMR 15.002. 

"Wastewater management system", the wastewater collection, conveyance, treatment 
and disposal systems serving more than 1 facility to be constructed or to be in the possession 
of and under the jurisdiction and control of the commission, including all components 
thereof. 

SECTION 2. There shall be in the town of Harvard the Harvard wastewater 
management district commission, which shall have all of the rights, powers and duties 
specified in this act and the General Laws relating to town boards and shall be subject to such 
instructions as the town may, from time to time, impose by vote of its town meeting. 

Except as otherwise provided in this act, the commission shall consist of 3 members, 
each of whom shall be a resident of the town, at least 1 of whom shall reside in the Harvard 
wastewater management service area. The members shall be appointed by the board of 
selectmen within 60 days after the effective date of this act; provided, however, that the 
design of the wastewater management system to be constructed in the service area shall have 
been approved by vote of the town at a town meeting. Of the members first appointed, 1 
shall serve in office for a term expiring on June 30 in the year following the effective date 
of this act and 1 shall serve for a term expiring on June 30 in the second year following the 
effective date of this act and 1 shall serve for a term expiring on June 30 in the third year 
following the effective date of this act. Thereafter, the board of selectmen shall appoint 
successors for terms of 3 years or, in the case of an appointment to fill a vacancy, for the 
unexpired term. Members of the commission shall be eligible for reappointment and may 
be removed at any time for cause by the board of selectmen. Two members of the 
commission shall constitute a quorum and the affirmative vote of 2 members shall be 
necessary for any action taken by vote of the commission. No vacancy in the membership 
of the commission shall impair the right of a quorum to exercise the powers of the 
commission. 

The commission shall annually elect 1 of its members as chair. The members shall 
serve without compensation. The members of the commission shall not be municipal 
employees within the meaning of paragraph (g) of section 1 of chapter 26 8 A of the General 
Laws. 

The commission shall have all of the rights, authority and powers necessary or 
convenient to carry out this act including, but not limited to, the rights, authority and power 
to: 



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Chap. 37 

(a) hire, employ or engage the services of engineers, land surveyors, consultants and 
such other experts as it deems necessary and determine their duties; 

(b) construct, install, improve, extend, enlarge, operate, maintain, repair and 
reconstruct the wastewater management system; 

(c) hold, manage, maintain, control and regulate the use of town-owned property, real 
or personal, tangible or intangible, or interests therein, for the purposes of this act, consistent 
with all requirements of the General Laws; 

(d) adopt rules and regulations relative to the use of and connection to the wastewater 
management system, including the types of wastewater that may be discharged into the 
system, subject to the approval of the board of selectmen; provided, however, that the 
commission may, by rule or regulation, prescribe civil penalties in accordance with section 
1 of chapter 83 of the General Laws for the violation of any such rule or regulation; 
provided further, that such penalties shall not exceed $300 per day for each such violation 
in accordance with section 21 of chapter 40 of the General Laws; provided further, that prior 
to adopting or amending any such rule or regulation, the commission shall hold a public 
hearing, notice of which shall be placed in a newspaper of general circulation in the town 
once a week for 2 consecutive weeks, the first notice of which shall be published not less 
than 14 days before the public hearing; provided further, that the notice shall include the 
time, date and place of the public hearing; and provided further, that rules and regulations 
adopted or amended shall be filed in the office of the town clerk and shall take effect upon 
such filing; 

(e) apply for, receive, accept, administer, expend and comply with the conditions of 
any grant, gift, loan, donation or appropriation of any money or property in aid of the 
purposes of this act; 

(f) sell, exchange, transfer or otherwise dispose of any surplus personal property, 
tangible or intangible, consistent with the requirements of the General Laws; 

(g) contract for and procure wastewater management, treatment and disposal from 
any person, private or public corporation or government agency or entity, consistent with the 
General Laws, when necessary or convenient for the operation of the wastewater 
management system; 

(h) use and expend monies borrowed or appropriated by the town for the purposes 
of this act; 

(i) make contracts of every name and nature and to execute and deliver all 
instruments necessary or convenient for carrying out its duties; 

(j) create an overall wastewater management policy and plan for the Harvard 
wastewater management service area, which shall be consistent with the town's master plan 
and open space and recreation plan; 

(k) fix, revise, charge, collect and abate fees, rates, rents, assessments, delinquency 
charges and other charges for wastewater collection, treatment and disposal services, 
facilities and commodities for facilities connected to the wastewater management system; 
provided, however, that: 



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Chap. 37 

(i) subject to section 3, such fees, rates, rents, assessments, delinquency charges and 
other charges of general application shall be adopted and revised by the commission at least 
annually in accordance with procedures to be established by the commission for assuring that 
interested persons are afforded notice and an opportunity to be heard; provided, however, 
that the commission shall hold a public hearing on its schedule of fees, rates and charges or 
any revision thereof prior to adoption, notice of which shall be delivered to the board of 
selectmen of the town and be published in a newspaper of substantial circulation in the town 
at least 1 month in advance of the hearing; provided further, that no later than the date of 
such publication, the commission shall make available to the public and deliver to the 
selectmen and the finance committee of the town the proposed schedule of fees, rates and 
charges; provided further, that the commission may combine its fees, rates and other charges 
for wastewater services provided by it in a single schedule of charges; provided further, that 
fees, rates, rents, assessments, abatements and other charges established by the commission 
shall not be subject to supervision or regulation by any department, division, commission, 
board, bureau or agency of the commonwealth; provided, however, that such schedule shall 
provide for the metering, monitoring and other measuring of and charging for wastewater 
management services provided by the commission to consumers of such services in the 
service area; provided, however, that no betterment or special assessment shall be made by 
the commission under chapter 80 or 83 of the General Laws or any other provision of law 
against property owned by the town, the commonwealth, any political subdivisions thereof 
or the federal government or any agency thereof. In lieu of the town paying a betterment 
assessment or special assessment for wastewater management services provided by the 
commission to the town, the town shall reduce the amount it receives from its General Fund 
through advances or loans or the town shall make payments or transfer from said General 
Fund an amount equal to the betterment or special assessment; and 

(ii) subject to section 3, the fees, rates, rents, assessments and other charges so 
established by the commission shall be set such that the aggregate amount of revenue 
collected is sufficient to: (1) pay the current expenses of the commission; (2) pay the 
principal of, premium, if any, and interest on bonds or other evidences of indebtedness issued 
by the town for the commission as the same shall become due and payable; (3) create and 
maintain such reasonable reserves as may be reasonably required by any trust agreement or 
resolution securing bonds; (4) provide funds for paying the cost of all necessary repairs, 
replacements and renewals of the wastewater management system; and (5) pay or provide 
for any amounts which the commission may be obligated to pay or provide for by law or 
contract, including any resolution or contract with or for the benefit of the holders of bonds 
issued for the commission; 

(1) exercise the powers and privileges of, and be subject to the limitations on cities 
and towns provided by sections 1 to 24, inclusive, and sections 27 to 29, inclusive, of chapter 
83 of the General Laws, insofar as those sections may be applicable and consistent with this 
act; and 

(m) do all things as may be necessary for or incident to carrying out the foregoing 
powers or the powers expressly granted or necessarily implied in this act; provided, however, 

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Chap. 37 

that nothing in this act shall impose any duty on the commission to maintain groundwater 
levels within or without the boundaries of the town. 

SECTION 3. The town may establish an Enterprise Fund in accordance with section 
53FV2 of chapter 44 of the General Laws for the operation of the wastewater management 
system. Not later than 1 year after the effective date of this act and annually thereafter, the 
commission shall prepare a proposed capital improvement program for the next 3 succeeding 
fiscal years of the commission and shall adopt an operating and capital improvement budget 
for the next succeeding fiscal year. Such program and budget shall include a description of 
the operations and projects proposed to be undertaken during such periods, the costs 
proposed to be incurred in connection with such operations and projects, the method of 
financing such costs and an estimate of the effect, if any, that such costs will have on the 
current or projected fees, rates, assessments and other charges of the commission. The 
program and budget shall be annually prepared and the budget shall be presented for 
approval to the town meeting. The commission shall submit its operating capital budget to 
the board of selectmen and finance committee of the town for review and recommendation 
and all funds expended by the commission shall be subject to appropriation by town meeting. 
The commission shall hold at least 1 public hearing on the proposed capital improvement 
program, capital budget and operating budget prior to adoption, which hearing may be 
combined with the hearing required pursuant to subclause (i) of clause (k) of the fourth 
paragraph of section 2, notice of which shall be delivered to said board of selectmen and be 
published in a newspaper of substantial circulation in the town at least 1 month in advance 
of the hearing. No later than the date of such publication, the commission shall make 
available to the public and deliver to the board of selectmen copies of the proposed program 
and budgets. 

SECTION 4. The town may incur debt for development of the wastewater 
management system in accordance with chapter 44 of the General Laws. Notwithstanding 
section 17 of said chapter 44, the town may make temporary loans for a period of not more 
than 5 years in anticipation of the money to be derived from the sale of bonds for the 
construction and installation of the wastewater management system in the Harvard 
wastewater management service area. The principal of, premium, if any, and interest on all 
notes and bonds issued by the town on behalf of the commission, unless otherwise provided 
by the town, shall be payable from the revenues derived from the wastewater management 
system, but shall be general obligations of the town for payment of which the full faith and 
credit of the town shall be pledged. 

SECTION 5. The commission shall have the benefit, without further acceptance by 
the town, of section 13B of chapter 80 of the General Laws and sections 16A to 16E, 
inclusive, of chapter 83 of the General Laws. Applications for abatements in accordance 
with said section 16E of said chapter 83 shall be made to the commission within 30 days 
after the date of the demand. 

SECTION 6. Notwithstanding section 13 of chapter 80 of the General Laws: (a) the 
board of assessors of the town may apportion all betterment assessments or unpaid balances 



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Chap. 37 

thereof relative to the wastewater management system in the Harvard wastewater 
management service area into equal portions of up to 30 to be paid annually for a period of 
up to 30 years after such assessments first appear on the affected landowner's real estate tax 
bill; and (b) betterment assessments made by the commission shall, at the election of the 
commission, bear interest at 1 rate of up to 5 per cent per annum or, at a rate of up to 5 per 
cent above the rate of interest chargeable to the town for the betterment project to which the 
assessments relate, from the thirtieth day after betterment assessments have been committed 
to the town collector. 

SECTION 7. (a) Notwithstanding section 3 of chapter 83 of the General Laws, the 
commission shall not be required to connect any home, facility or lot to the wastewater 
management system, except as provided in subsection (b). The commission shall not permit 
the connection of: (i) a new facility; (ii) a facility that has been reconstructed resulting in an 
increase of the gross floor area or in the number of bedrooms; or (iii) a facility that has 
undergone a change in use to the wastewater management system or permit an increase in 
design flow into the wastewater management system for a facility in existence on May 1, 
2009, if that new or changed facility could not have been constructed with a wastewater 
disposal system or septic system which would comply with Title V of the State 
Environmental Code, 310 CMR 1 5.000, or other applicable regulations of the department of 
environmental protection or if the increase in design flow could not have been permitted in 
the absence of a connection to the wastewater management system, unless the commission, 
with the approval of the board of selectmen, determines that such connection is necessary for 
the health, welfare or safety of the town or creates a demonstrable benefit to the town. 

(b) A facility within the Harvard wastewater management service area that is served 
by a subsurface sewage disposal system which is in a state of failure as determined by the 
board of health or the department of environmental protection shall be connected to the 
wastewater management system within 6 months after the owner of the facility receives 
written notice from the commission that the wastewater management system is complete and 
operational. 

(c) An owner of a facility who is aggrieved by a decision of the commission relative 
to such owner's application to voluntarily or involuntarily connect such owner's facility to 
the wastewater management system may appeal the commission's decision to the board of 
selectmen by filing a written petition with the board of selectmen within 60 days after receipt 
of the commission's written decision. The board of selectmen may hold a hearing on the 
petition and consult with the board of health and shall render a written decision thereon 
affirming, modifying or reversing the commission's decision within 90 days after receipt of 
the petition or such longer period of time as may be agreed to by the board of selectmen and 
the petitioner. If the board of selectmen fails to act on a petition within that time, the 
commission's decision shall be deemed to be affirmed. 

SECTION 8. Insofar as the provisions of this act are inconsistent with the provisions 
of any general or special law, administrative order or regulation, or any by-law, rule, regula- 



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Chap. 37 

tion or code of the town, other than rules and regulations or orders of the board of health or 
by-laws of the town which require homes or facilities to be connected to the wastewater 
management system involuntarily, the provisions of this act shall be controlling. 
SECTION 9. This act shall take effect upon its passage. 

Approved, February 26, 2010. 



Chapter 38. AN ACT RELATIVE TO CERTAIN AFFORDABLE HOUSING IN 
THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

SECTION 1. Construction and development activity related to redevelopment by 
the Boston Housing Authority of the federally-funded Old Colony public housing project, 
or any part thereof, shall not be subject to any general or special law related to the 
procurement and awarding of contracts for the construction, reconstruction, installation, 
demolition, maintenance or repair of buildings by a public agency, but shall be subject to 
sections 26 to 27H, inclusive, of chapter 149 of the General Laws. Contracts for the 
construction, reconstruction, alteration, remodeling or repair of any publicly-owned public 
works that service this project and would otherwise be subject to section 39M of chapter 30 
of the General Laws shall be subject to said section 39M of said chapter 30 if the 
redevelopment of the project is funded, in part, by state or federal government low-income 
housing tax credit, grant or loan, or pursuant to the issuance of tax-exempt bonds authorized 
by general law. A conveyance of the project, whether by leasehold or fee estate, to an urban 
redevelopment corporation organized under chapter 121 A of the General Laws or to a 
nonprofit state and federally tax-exempt corporation organized for the purpose of revitalizing 
the project, shall be subject to chapter 30B of the General Laws if the project is conveyed to 
an entity that is not owned, controlled or managed by the Boston Housing Authority on the 
date of the conveyance. 

SECTION 2. This act shall take effect upon its passage. 

Approved, February 26, 2010. 



Chapter 39. AN ACT RELATIVE TO THE CERTIFICATION OF WAREHAM 
LIBRARY. 

Be it enacted, etc., as follows: 

Notwithstanding section 19A of chapter 78 of the General Laws or any other general 
or special law to the contrary, for the fiscal year 2010 state aid to public libraries program, 



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Chap. 39 

the board of library commissioners shall consider that the town of Wareham has met the 
standard of minimum hours of service for fiscal year 2009 set forth in clause (3) of section 
19B of said chapter 78 and defined in clause (3) of 605 CMR 4.01 ; provided, however, that 
the library shall demonstrate compliance with the minimum hours open requirement in fiscal 
year 2010 by October 16, 2009 and shall successfully complete the annual certification 
process of the board for fiscal year 2010. 

Approved, February 26, 2010. 



Chapter 40. AN ACT ESTABLISHING A SICK LEAVE BANK FOR LILA KATE 
SMITH, AN EMPLOYEE OF THE DEPARTMENT OF 
DEVELOPMENTAL SERVICES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
developmental services, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of developmental services shall establish a sick leave bank for Lila Kate Smith, 
an employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Lila Kate Smith. 
Whenever Lila Kate Smith terminates employment with the department or requests to 
dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred 
to the extended illness leave bank. Sick leave bank days shall not be used for absences 
unrelated to the illness or disability that necessitated the establishment of the sick leave bank 
as determined by the department. 

Approved, March 4, 2010. 



Chapter 41. AN ACT RELATIVE TO THE MEMBERSHIP OF THE 
CONSERVATION COMMISSION OF THE TOWN OF 
STOCKBRIDGE 

Be it enacted, etc., as follows: 

Notwithstanding section 8C of chapter 40 of the General Laws, the board of 
selectmen of the town of Stockbridge may appoint 2 alternate members of the conservation 
commission of the town for staggered terms not to exceed 3 years. 



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Chap. 41 

The chair of the conservation commission may designate an alternate member to sit 
on the commission in the case of absence, inability to act or conflict of interest on the part 
of a member of the commission or, in the event of a vacancy on the conservation 
commission, until the vacancy is filled in under said section 8C of said chapter 40. 

Approved, March 4, 2010. 



Chapter 42. AN ACT AUTHORIZING THE TOWN OF FRANKLIN TO 
APPROPRIATE FUNDS AND INCUR DEBT TO REPLACE 
OVERHEAD UTILITIES WITH UNDERGROUND FACILITIES. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Franklin may appropriate funds and incur debt outside 
the debt limit as provided in section 10 of chapter 44 of the General Laws for the purpose of 
removing or causing to be removed poles, overhead wires and associated overhead structures 
used in connection with the provision of public utilities and which are located upon, along 
or across public ways or on private property within the town and replacing the same with 
underground facilities. Any debt incurred under this act shall be repaid over a term of not 
more than 20 years and shall otherwise be subject to said chapter 44. 

SECTION 2. A resolution or other vote of the town council appropriating funds or 
authorizing an increase of debt under section 1 shall specify in general terms the area in 
which the overhead utilities are to be removed and replaced by underground facilities and 
contain a finding by the town council that the project to be financed by such appropriation 
or incurrence of debt will improve the provision of such utilities within the town and will 
enhance the general quality and public welfare of the town. 

SECTION 3. Sections 22A to 221, inclusive, of chapter 166 of the General Laws 
shall not apply to any projects carried out by the town under this act. The town and any 
utility whose poles, overhead wires or associated overhead structures are to be removed and 
replaced by underground facilities by a project undertaken by the town under this act may 
enter into, and from time to time amend, an agreement under which the utility shall pay to 
the town in each fiscal year all or a portion of the debt service payable in such fiscal year 
related to a borrowing incurred by the town under this act for such project. Such agreement 
may contain any and all provisions as shall be consistent with this section. In addition to all 
other rates, charges and fees it may otherwise be authorized to impose and collect, any utility 
which agrees to make payments to the town under this section shall impose and collect a 
surcharge, in each year in which it is required to make such a payment, on each customer 
located in the town equal in the aggregate to the amount of such payment. 

SECTION 4. This act shall take effect upon its passage. 

Approved, March 5, 2010. 



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Chapter 43. AN ACT AUTHORIZING THE TOWN OF HINGHAM TO GRANT 
AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC 
BEVERAGES TO BE DRUNK ON THE PREMISES 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the 
licensing authority of the town of Hingham may grant an additional license for the sale of all 
alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 to Six 
Station Street LLC located at 6 Station street in said town. The license shall be subject to all 
of said chapter 138 except said section 17. 

Notwithstanding any general or special law. rule or regulation to the contrary, the 
licensing authority shall not approve the transfer of the license to any other location. The 
license may be granted by the licensing authority to a new applicant at the same location if 
the applicant files with the authority a letter from the department of revenue indicating that 
the license is in good standing with the department and that all applicable taxes have been 
paid. If the license granted under this section is cancelled, revoked or no longer in use, it 
shall be returned physically with all of the legal rights, privileges and restrictions pertaining 
thereto to the licensing authority which may then grant the license to a new applicant at the 
same location under the same conditions as specified in this act 

SECTION 2. This act shall take effect upon its passage. 

Approved, March 5, 2010. 



Chapter 44. AN ACT ESTABLISHING A SICK LE AVE BANK FOR ELIZABETH 
J. LYNCH, AN EMPLOYEE OF THE DEPARTMENT OF CHILDREN 
AND FAMILIES 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
children and families, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of children and families shall establish a sick leave bank for Elizabeth J. Lynch, 
an employee of the department. An employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Elizabeth J. 
Lynch. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the 
department. Whenever Elizabeth J. Lynch terminates employment with the department or 



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Chap. 44 

requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be 
transferred to the extended illness leave bank. 

Approved, March 10, 2010. 



Chapter 45. AN ACT DESIGNATING A CERTAIN WALKING PATH ALONG 
LYNN SHORE DRIVE AT RED ROCK PARK IN THE CITY OF 
LYNN AS THE SENATOR WALTER J. BOVERINI SCENIC 
WALKWAY. 

Be it enacted, etc., as follows: 

The walking path along Lynn Shore drive at Red Rock Park in the city of Lynn shall 
be designated and known as the Senator Walter J. Boverini Scenic Walkway, in memory of 
Walter J. Boverini, a decorated World War II Air Force veteran who flew 35 combat 
missions over Europe and was awarded the Distinguished Flying Cross, and a former state 
senator and majority leader who honorably served in the Massachusetts senate from 1 972 to 
1994. The department of conservation and recreation shall erect and maintain suitable 
markers bearing the designation in compliance with the standards of the department. 

Approved, March 10, 2010. 



Chapter 46. AN ACT ESTABLISHING A BOARD OF HEALTH IN THE TOWN 
OF NANTUCKET. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding the provisions of chapter 289 of the acts of 1996 or 
any other general or special law, rule or regulation to the contrary, there is hereby established 
in the town of Nantucket a board of health, separate from any other board or commission of 
the town. The board shall have all the powers, duties and responsibilities granted to boards 
of health under the General Laws. 

SECTION 2. The board shall consist of 5 members appointed by the board of 
selectmen. Three of the 5 members shall be, whenever possible, health care professionals 
or environmental professionals. If no such health care professionals or environmental 
professionals are available to serve, residents of the town may be appointed to these 
positions. These three members shall be appointed to 3-year terms, with the initial 
appointments to be 1 member to a 3-year term, 1 member to a 2-year term, and 1 member to 
a 1-year term. Upon expiration of these initial terms, the successors thereto shall each be 
appointed to 3 -year terms. 



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Chap. 46 

SECTION 3. One of the 5 members shall be a member of the board of selectmen 
appointed to an initial 1-year term and, thereafter, each successor shall be appointed to a 
1 -year term. 

SECTION 4. One of the 5 members shall be a resident of the town and appointed 
to a 3 -year term. 

SECTION 5. A vacancy arising on the board of health established by this act shall 
be filled in the same manner as the appointment thereto described in sections 2, 3 and 4. 

SECTION 6. Except as otherwise provided by this act, the charter of the town of 
Nantucket, established by chapter 289 of the acts of 1996, shall apply to the board of health 
established by this act. 

SECTION 7. This act shall take effect upon its passage. 

Approved, March 12, 2010. 



Chapter 47. AN ACT VALIDATING THE ACTIONS TAKEN AT A SPECIAL 
TOWN MEETING OF THE TOWN OF LYNNFIELD. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 10 of chapter 39 of the General Laws or any 
other general or special law or by-law to the contrary, all acts and proceedings taken by the 
town of Lynnfield at its May 18, 2009 special town meeting and all actions taken pursuant 
thereto, are hereby ratified, validated and confirmed, in all respects to the same extent as if 
the meeting had been called and held in full compliance with the town charter and any other 
laws. 

SECTION 2. This act shall take effect upon its passage. 

Approved, March 16, 2010. 



Chapter 48. AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL 
POLICE OFFICERS IN THE TOWN OF DRACUT. 

Be it enacted, etc., as follows: 

SECTION 1. The town manager of the town of Dracut may appoint, at the 
recommendation of the police chief and as he deems necessary, retired Dracut police officers 
as special police officers to perform police details or any other duties arising therefrom or 
during the course of police detail work, whether or not related to the detail work; provided, 
however, that the officers shall have been regular Dracut police officers and retired based on 
superannuation. The special police officers shall be subject to the same maximum age 
restriction as applied to regular police officers under chapter 32 of the General Laws. Prior 



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Chap. 48 

to appointment under this act, a retired police officer shall pass a medical examination 
conducted by a physician or other certified professional chosen by the town to determine 
whether the retired police officer is capable of performing the essential duties of a special 
police officer and the cost thereof shall be borne by the retired police officer. 

SECTION 2. Special police officers appointed under this act shall not be subject to 
chapter 31 of the General Laws or section 99A of chapter 41 of the General Laws. 

SECTION 3. When performing duties authorized under section 1 , special police 
officers shall have the same power to make arrests and perform other functions as do regular 
police officers of the town of Dracut. 

SECTION 4. A special police officer shall be appointed for an indefinite term, 
subject to removal by the town manager at any time with 14 days written notice. Upon 
request, the town manager shall provide the reasons for removal in writing. 

SECTION 5. Special police officers shall be subject to the rules and regulations, 
policies and procedures and requirements of the town manager and the chief of police of the 
town of Dracut, including restrictions on the type of detail assignments, requirements 
regarding medical examinations to determine continuing capability to perform the duties of 
a special police officer, requirements for training, requirements for firearms licensing and 
qualifications and requirements regarding uniforms and equipment. Special police officers 
shall not be subject to section 96B of chapter 41 of the General Laws. The cost of all 
training, uniforms and equipment shall be borne by the special police officer. 

SECTION 6. Special police officers shall be sworn before the town clerk of the 
town of Dracut who shall keep a record of all such appointments. 

SECTION 7. Special police officers appointed under this act shall be subject to 
sections 100 and 1 1 IF of chapter 41 of the General Laws. The amount payable under said 
section 1 1 IF of said chapter 41 shall be calculated by averaging the amount earned over the 
prior 52 weeks as a special police officer working police details, or averaged over such lesser 
period of time for any officer designated as a special police officer less than 52 weeks prior 
to the incapacity. Payments under said section 1 1 IF of said chapter 41 shall not exceed, in 
a calendar year, the limitation on earnings in subsection (b) of section 91 of chapter 32 of the 
General Laws. Payments under said section 1 1 IF of said chapter 41 shall terminate when a 
police officer reaches the age of 65. In the event the age limitation applicable to regular 
police officers serving a town is increased from the current 65 years of age, the termination 
of benefits under said section 1 1 IF of said chapter 41, as provided herein to special police 
officers, shall terminate at such higher age limit but shall not extend beyond the age of 70 
for a special police officer. Special police officers appointed under this act shall not be 
subject to section 85H of said chapter 32 nor shall they be eligible for any benefits pursuant 
thereto. 

SECTION 8. An appointment as a special police officer shall not entitle that person 
to assignment to a detail. 

SECTION 9. Special police officers appointed pursuant to this act shall be subject 



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Chap. 48 

to the limitation on hours worked as provided in subsection (b) of section 91 of chapter 32 
of the General Laws. 

SECTION 10. This act shall take effect upon its passage. 

Approved, March 18, 2010. 



Chapter 49. AN ACT AUTHORIZING THE USE OF REVENUES FROM THE 
GROTON SEWER ENTERPRISE FUND. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law, rule or regulation to the 
contrary, during fiscal years 201 1, 2012 and 2013, the town of Groton may, use revenues 
from its sewer enterprise fund to reimburse the town's general fund for sewer system 
construction debt payments made in connection with the original construction of the Groton 
center sewer system authorized by the vote taken under article 18 of the March 21, 1987 
annual town meeting. The amounts credited to the general fund on account of the 
reimbursement may be used by the town for any lawful purpose, including the payment of 
debt service on town bonds that have been exempted from the provisions of section 21 C of 
chapter 59 of the General Laws. 

SECTION 2. This act shall take effect upon its passage. 

Approved, March 18, 2010. 



Chapter 50. AN ACT AMENDING THE CHARTER OF THE TOWN OF 
GROTON. 

Be it enacted, etc., as follows: 

SECTION 1. Section 3-1 of section 1 of the Groton charter, as appearing in chapter 
8 1 of the acts of 2008, is hereby amended by striking out paragraph (a) and inserting in place 
thereof the following paragraph: - 

(a) Elective Town Offices - The town offices to be filled by the voters shall be a 
town moderator, the board of selectmen, a town clerk, the Groton component of the regional 
school committee, the Groton housing authority, the planning board, the board of library 
trustees, the commissioners of the trust fund, the Groton electric light commission, the 
Groton water commission, the Groton sewer commission, the parks commission, the Groton 
board of health, Groton board of assessors and other officers or representatives to regional 
authorities or districts as may be established by law or by inter-local agreement which shall 
also be filled by ballot at town elections. 



101 



Chap. 50 

SECTION 2. Section 3-2 of said section 1 of the Groton charter, as so appearing, 
is hereby further amended by striking out paragraph (d) and inserting in place thereof the 
following paragraph :- 

(d) Appointing Authority - The board of selectmen shall appoint the town manager, 
finance committee, town counsel, a zoning board of appeals, and a board of registrars. The 
board of selectmen shall also appoint, consistent with paragraph (d) of section 4-2, a police 
chief and a fire chief. The police chief shall serve under section 97A of chapter 41 of the 
General Laws. The fire chief shall serve under section 42 of chapter 48 of the General Laws. 
The board of selectmen shall also appoint a conservation commission, council on aging, 
housing partnership, local cultural council, and other committees as required by the General 
Laws. 

SECTION 3. The first sentence of paragraph (c) of section 4-2 of said section 1 of 
the Groton charter, as so appearing, is hereby further amended by inserting after the word 
"employees" the following words:- and other appointed members of town government. 

SECTION 4. Section 4-4 of said section 1 of the Groton charter, as so appearing, 
is hereby amended by striking out paragraph (b) and inserting in place thereof the following 
paragraph: - 

(b) Temporary Absence or Disability - The town manager may designate by letter 
filed with the town clerk and board of selectmen a capable officer of the town to perform the 
duties of town manager during a temporary absence or disability lasting 7 days or more. If 
the town manager fails to make such a designation, or if the person so designated is unable 
to serve, the board of selectmen may designate some other capable person to perform the 
duties of town manager. If the absence or disability exceeds 30 days, any designation by the 
town manager shall be subject to approval by the board of selectmen. 

SECTION 5. Said section 1 of the Groton charter, as so appearing, is hereby further 
amended by striking out section 4-5 and inserting in place thereof the following section:- 

Section 4-5 - Screening Committee 

Whenever a vacancy shall occur in the offic e of town manager, a screening 
committee shall be established for the purpose of soliciting, receiving and evaluating 
applications for the position of town manager. The screening committee shall consist of 7 
persons who shall be chosen as follows: the board of selectmen shall designate 3 members, 
the finance committee shall designate 2 members, and the town moderator and the town clerk 
shall each designate 1 member. Persons chosen by these agencies may, but need not, be 
members of the agency by which they are designated. 

Not more than 21 days following the notice of the vacancy or pending vacancy, the 
town clerk shall call and convene a meeting of the several persons chosen as aforesaid who 
shall meet to organize and plan a process to advertise the vacancy and to solicit by other 
means candidates for the office. The committee shall proceed notwithstanding the failure 
of any town agency to designate a representative or representatives thereto. 

The screening committee shall review all applications that are received by it, screen 
all such applicants by checking and verifying work records and other credentials, and provide 



102 



Chap. 50 

for interviews to be conducted with such number of candidates as it deems to be necessary, 
desirable or expedient. 

Not more than 90 days after the date on which the committee meets to organize, the 
committee shall submit to the board of selectmen the names of not less than 3 nor more than 
5 persons whom it believes to be best suited to perform the duties of the office of town 
manager. The board of selectmen shall, within 45 days following the date of receipt of the 
list of nominees choose one candidate from the list to fill the position of town manager or 
reject such nominees and direct that the committee resume the search. 

Upon the appointment of a town manager, the committee established hereunder shall 
be considered discharged. 

SECTION 6. Article 5 of said section 1 of the Groton charter, as so appearing, is 
hereby amended by adding the following section:- 

Section 5-4: Department of Public Works 

5-4-1 There shall be a department of public works in the town under a director. The 
director shall be appointed by the town manager subject to confirmation by the board of 
selectmen in accordance with paragraph (c) of section 4-2. The director shall also serve as 
and perform the duties of a highway surveyor as set forth in the General Laws. 

5-4-2 The principal functions of the department of public works shall include: 

(a) the construction, maintenance, repair, and cleaning of public town roads, 
sidewalks, street lights, storm drains, bridges, dikes, and other public way related structures; 

(b) the maintenance, repair, and cleaning of all buildings owned or leased by the 
town except those of the regional school district; 

(c) the maintenance of the old cemetery, parks, parking areas, recreational and beach 
facilities, except those of the regional school district; 

(d) snow removal, including the salting and sanding of roads, except those of the 
regional school district; 

(e) supervising the collection and disposal of garbage and other refuse and the 
maintenance and operation of all facilities for the disposal of same; 

(f) the supervision, care and replacement of trees; 

(g) providing for, or causing to be provided for, the maintenance and repair of certain 
town-owned vehicles; 

(h) implementing the policies developed by the Groton water commission and the 
Groton sewer commission, performing functions required by the rules and regulations of the 
Groton municipal water and sewer systems, routine operation and maintenance and other 
functions related to the municipal water and sewer systems of the town; and 

(i) such other functions as may be prescribed by the town manager. 

5-4-3 Powers and Duties. The department shall work in close coordination with the 
necessary town boards and departments to enable the effective and efficient performance of 
its duties pursuant to the general laws, this charter, by-law or vote of town meeting. 

SECTION 7. The incumbents holding the offices of highway surveyor, tree warden, 
and constable upon the effective date of this act shall retain the offices and continue to serve 



103 



Chap. 50 

until the expiration of their elected terms of office or their resignation, whichever occurs 
first, but those positions shall thereafter be filled by appointment. 
SECTION 8. This act shall take effect upon its passage. 

Approved, March 18, 2010. 



Chapter 51. AN ACT RELATIVE TO THE SALE OF TAXI LICENSES IN THE 
TOWN OF BROOKLINE. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 317 of the acts of 1974 is hereby amended by 
striking out the second sentence and inserting in place thereof the following sentence :- 
Except as otherwise provided herein, all statutes and by-laws applicable to transportation, 
vehicular licensing and traffic rules, regulations and orders shall apply to the department of 
transportation. 

SECTION 2. Section 4 of said chapter 3 1 7, as amended by section 1 of chapter 85 
of the acts of 2006, is hereby further amended by striking out the first paragraph and inserting 
in place thereof the following paragraph:- 

Except as otherwise set forth herein with regard to taxi license sales, the board shall 
have exclusive authority, generally consistent with the transportation policies of the board 
of selectmen and except as otherwise provided in this act, to take any and all of the following 
actions after public notice and at a public meeting, if it determines, by the vote of at least 4 
members, that the actions serve the public safety, welfare, environment or convenience. 

SECTION 3. The second paragraph of said section 4 of said chapter 3 17 is hereby 
amended by striking out the second sentence and inserting in place thereof the following 
sentence:- The board shall also have all authority previously granted to the selectmen by 
virtue of section 22 of chapter 40 of the General Laws, except with respect to the sale of taxi 
licenses as set forth in section 4A. 

SECTION 4. Said section 4 of said chapter 317 is hereby further amended by 
striking out the third paragraph, as amended by section 1 of chapter 85 of the acts of 2006, 
and inserting in place thereof the following paragraph:- 

Except as otherwise set forth herein with regard to taxi license sales, no such 
adoption, alteration or repeal of a rule or regulation shall take effect, except for special rules 
or regulations that are declared by the board to be urgently required for public safety or 
welfare or are of temporary nature and are able to be effective for a period of not more than 
60 days, until 30 days have expired after both publication in a newspaper published or 
distributed in the town and action on any appeal petition filed under this section. 

SECTION 5. The fourth paragraph of said section 4 of said chapter 3 1 7, as amended 
by said section 1 of said chapter 85, is hereby further amended by striking out the first 
sentence and inserting in place thereof the following sentence:- Except as set forth herein 



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Chap. 51 

with regard to taxi license sales, the following paragraph describes the appeal procedures 
applicable to any board action. 

SECTION 6. Chapter 317 of the acts of 1974 is hereby amended by inserting after 
section 4 the following section: - 

Section 4 A. Notwithstanding chapter 3 OB or section 3 of chapter 40 of the General 
Laws or any other general or special law to the contrary, the board of selectmen shall have 
the exclusive authority to sell taxi licenses by public auction, public sale, sealed bid or other 
competitive process established by regulations promulgated by the board after public hearing. 
The board of selectmen may entrust to the transportation board broad discretion to take 
actions necessary to implement this section and to sell taxi licenses, including, but not 
limited to, determining the number of licenses that shall be sold, the timing of the sales, and 
any conditions and limitations pertaining to the sales, including the power to revoke, 
suspend, renew and assign the licenses, except that the board of selectmen shall approve 
sales prices and execute sales contracts. Proceeds from the sales of licenses shall be paid to 
the collector-treasurer of the town of Brookline for deposit into the general fund to be 
appropriated pursuant to section 5 of chapter 40 of the General Laws. The board of 
selectmen may direct the board that in taking any action the board considers necessary to 
implement this section and to sell taxi licenses, including the adoption, alteration or repeal 
of rules and regulations after public hearing, the board may balance, in its discretion, the 
interest of Brookline residents in the continuity of existing Brookline taxi businesses, the 
interest of existing license holders in their investment in their businesses, the interest of the 
town in augmenting the portion of the taxi fleet serving the town that meets the needs of its 
elderly and disabled residents and that minimizes the fleet' s detrimental impact on the town' s 
air quality and on the level of the town's carbon emissions as a whole, and the town's interest 
in maximizing revenue generated from sales of taxi licenses. The board of selectmen may 
consider these factors in determining whether to agree to a taxi license sales price. Any 
appeal from the board of selectmen's sale of a taxi license shall be to a court of competent 
jurisdiction. 

This section shall not apply to a license issued and outstanding on the effective date 
of this act. 

Rules and regulations adopted, altered, or repealed by the board after public hearing 
in connection with implementing this section, including rules or regulations adopted, altered, 
or repealed for the purpose of creating a property interest in the licenses and of undertaking 
the sales of taxi licenses, shall not take effect until 30 days have expired after publication of 
the rules and regulations in a newspaper published or distributed in the town and on the 
town's website. Any appeal from the board's adoption, alteration, or repeal by the board in 
connection with implementing this section shall be to a court of competent jurisdiction. 

SECTION 7. This act shall take effect upon its passage. 

Approved, March 18, 2010. 



105 



Chapter 52. AN ACT PROVIDING THE VOTERS OF THE TOWN OF 
BRIDGEWATER A CHOICE OF CHARTERS FOR A NEW FORM 
OF GOVERNMENT. 

Be it enacted, etc., as follows: 

SECTION 1. At the first regular or special municipal election held in the town of 
Bridgewater after the effective date of this act, including a special election just for the 
purpose of the questions set forth in this act, the voters of the town of Bridgewater shall be 
afforded an opportunity to vote on the following ballot questions. If this act takes effect prior 
to April 24, 2010, the date of the presently scheduled 2010 annual election of the town, then 
the town may proceed with the ballot questions as set forth in this section if practicable in 
obtaining ballots therefore, notwithstanding the time periods set forth in section 42C of 
chapter 54 of the General Laws. 

Question One: Shall the town adopt a new Charter for a Town Manager-Town 
Council form of Government? 

Yes No 

Question Two: Shall the town adopt a new Charter for a Town 
Manager-Selectmen-Open Town Meeting form of Government? 

Yes No 

A summary of each form of government shall be provided with the ballot questions, 
as may be prepared by attorneys for the town. 

SECTION 2. If neither question one nor question two set forth in section 1 passes 
by a majority of the votes cast, then neither form of government shall take effect and the 
town of Bridgewater shall continue with the present form of town meeting-selectmen 
government. If either question one or question two set forth in section 1 passes by a majority 
of the votes cast, the form of government that has obtained the majority favorable vote shall 
take effect in accordance with the terms set forth in the charter so approved. 

If both question one and question two pass by a majority of the votes cast, the charter 
for a new form of government that obtains the highest number of votes cast in favor shall 
take effect in accordance with the terms set forth in the charter so approved. 

SECTION 3. Charter for a TOWN MANAGER - TOWN COUNCIL form of 
government. If the voters of the town of Bridgewater adopt the charter for a town manager - 
town council form of government pursuant to sections 1 and 2, the following charter shall 
become effective in accordance with its terms :- 

ARTICLE 1 - INCORPORATION AND AUTHORITY 

Section 1-1. Incorporation 

The inhabitants of the town of Bridgewater, within its territorial limits as now or may 
hereafter be established by law, shall continue to be a body politic and corporate, known as 
the "Town of Bridgewater." The town of Bridgewater shall constitutionally have a city form 
of government. 

Section 1-2. Short Title 



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This instrument may be cited and shall be known as the Bridgewater home rule 
charter. 

Section 1-3. Division of Powers 

All legislative powers of the town shall be exercised by a town council. The 
administration of all town fiscal, business and municipal affairs shall be vested in the 
executive branch headed by the town manager. 

Section 1-4. Powers of the Town 

The intent and purpose of this charter is to secure for the voters of the town of 
Bridgewater, through the adoption of this charter, all the powers possible to secure for their 
government under Article LXXXIX of the Amendments to the Constitution and laws of the 
commonwealth. 

Section 1 -5 . Interpretation of Powers 

The powers of the town under the charter shall be construed and interpreted liberally 
in favor of the town, and the specific mention of a particular power is not intended to limit 
in any way the general powers of the town as enumerated in section 1-4. 

Section 1-6. Intergovernmental Relations 

The town may enter into agreements with any other unit of government to perform 
jointly or in cooperation, by contract or otherwise, any of its powers or functions. 

Section 1-7. Town Seal and Town Flag 

The town seal and town flag in existence at the time this charter is adopted, unless 
the town council shall adopt another seal or flag, shall continue to be the town seal and town 
flag and shall be kept in the custody of the elected town clerk. Papers or documents issued 
from any office or board of the town may be attested by use of the town seal. The town flag 
shall be displayed within the town council chambers. 

Section 1-8. Ethical Standards 

Elected and appointed officers and employees of the town are expected to 
demonstrate the highest ethical standards, which shall be in compliance with all state and 
federal laws. Elected and appointed officers and employees are expected to recognize that 
they act as agents of the public, that they hold offices or positions for the benefit of the 
public, that the public interest is their primary concern and that they are expected to faithfully 
discharge the duties of their offices or positions regardless of personal considerations. 
Elected officers and employees shall not use their official positions to secure or to grant 
special consideration, treatment, advantage, privilege or exemption to themselves or to any 
other person beyond that which is available to every other person. 

Section 1-9. Definitions 

As used in the charter, the following words shall, unless the context clearly requires 
otherwise, have the following meanings:- 

"Administrative code", a written description of the administrative organization of 
town offices, departments and multiple member bodies. The administrative code shall state 
the mode of selection, either appointed or elected, term of office and general powers and 
duties of each town office, department and multiple member body consistent with this charter 



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and applicable state law. 

"Charter", this charter and any amendments to it made through any methods provided 
under Article LXXXIX of the Amendments to the Constitution. 

"Emergency", a sudden, unexpected, unforeseen happening, occurrence or condition 
which necessitates immediate action. 

"Majority vote", a majority of those present and voting, provided a quorum is present 
when a vote is taken, unless a higher number is required by law, this charter, or by the town 
council's own rules. 

"Measure", an ordinance, order, resolution or other vote or proceeding adopted, or 
which may be adopted by the town council. 

"Multiple member body", any board, commission or committee in the town. 

"Town", the body politic and corporate called the town of Bridgewater. 

"Town agency or agency", a board, commission, committee, department or office of 
town government, whether elected, appointed or otherwise constituted. 

"Town officer", an individual who has been elected or appointed to exercise the 
functions of a town office for the benefit of the public. Town officers are distinguishable 
from employees in that they are required to take an oath of office and are appointed or 
elected to specified terms of office. 

"Voters", registered voters of the town. 

ARTICLE II - LEGISLATIVE BRANCH 

Section 2-1. Composition; Eligibility; Term of Office 

(a) Composition - There shall be a town council consisting of 9 members which shall 
exercise the legislative powers of the town. Seven of these members, to be known as district 
councilors, shall be nominated and elected by and from the voters of the 7 districts into 
which the town is divided, and 2 of the members, to be known as councilors-at-large, shall 
be nominated and elected by and from the voters at large. 

(b) Eligibility - Any voter shall be eligible to hold the office of councilor-at-large. 
A district councilor must be a voter and resident of the district in which election is sought. 
If a district councilor or a councilor-at-large moves out of the town during the term for which 
elected, such office shall immediately be deemed vacant and filled in the manner provided 
in section 2-5. If a district councilor moves from the district from which the councilor is 
elected, or is removed by a change in district lines, and more than 14 months remains of the 
term for which elected, the office shall be deemed vacant and shall be filled in the manner 
provided in section 2-5. If less than 6 months of the term remains, the district councilor who 
remains a resident of the town may continue to serve during the term for which elected. 

(c) Term of Office - The term of office of district councilors and councilors-at-large 
shall be staggered terms of 3 years each, beginning on the second Monday following election 
and continuing until their successors are qualified. 

Section 2-2. General Powers and Duties 

Except as otherwise provided by law or by the charter, all powers of the town shall 



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be vested in the town council which shall provide for their exercise and for the performance 
of all duties and obligations imposed on the town by law. 

Section 2-3. Council President; Election; Eligibility; Term of Office; Powers and 
Duties 

(a) Election - After the councilors-elect have been sworn, the town council shall be 
called together by the elected town clerk for the purpose of conducting an election among 
town council members for the office of town council president and vice-president to serve 
at the pleasure of the town council. The president shall preside at all meetings of the town 
council and perform such other functions as may be assigned by the charter, by ordinance or 
by vote of the town council. 

(b) Term of Office - The term of the council president shall be for 1 year beginning 
on the second Monday following election and continuing until a successor is qualified. 

(c) Powers and Duties - The powers, duties and responsibilities of the council 
president shall include, but not be limited to, the following: 

(1) The council president shall preside at all meetings of the town council, regulate 
its proceedings and shall decide all questions of order. 

(2) The council president shall have the same powers to vote upon all measures 
coming before the town council as any other member of the town council, but shall have no 
veto power. 

(3) The council president shall be recognized as the official head of the town for all 
ceremonial purposes and the council president, or his designee, shall represent the town in 
its relations with other units of government. 

(4) In time of public danger or emergency the council president may, subject to the 
review of the action by the town council, temporarily exercise the town council' s supervisory 
powers over the town manager, but such delegation shall not exceed 7 days unless the town 
council votes to extend the temporary powers not to exceed another 7 days. The town 
council may extend the period of delegation by successive extensions of not more than 7 days 
each. 

(5) The council president in conjunction with the town manager shall prepare and 
deliver a yearly state of the town message to the town council and citizens of the town 
describing the state of the town. The message will address the financial state of the town, 
strengths of the town and areas that need attention, as well as potential opportunities for the 
betterment of the town. The state of the town message should also set the agenda and goals 
for the town council and town manager for the ensuing year. 

(6) The council president shall call no less than 2 meetings of the general public each 
fiscal year for the purpose of obtaining public input to the policies of the town. The meeting 
agenda and format shall be determined by the town council but shall be designed to obtain 
public input to the policies of the town. Members of the public may submit potential items 
for the agenda of the meetings in accordance with rules adopted by the town council. The 
public shall be given at least 14 days notice of the date and time of such meetings. The 
notices shall be published in a newspaper of general circulation within the town and posted 



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on the town bulletin board. The town council may provide for additional venues for such 
postings. 

Section 2-4. Council Vice President 

The town council shall elect from among its members a council vice president who 
shall act as council president during the absence or disability of the council president and, 
if a vacancy occurs, shall become acting council president until a successor is qualified. The 
powers of an acting council president shall be limited to only those powers of the office 
indispensably essential to the performance of the duties of the office during the period of the 
temporary absence or disability and no others. 

Section 2-5. Filling of Vacancies 

(a) Councilor-at-Large - If a vacancy occurs in the office of councilor-at-large during 
the first 1 8 months of the term for which a councilor was elected, the vacancy shall be filled 
in descending order of votes received by the candidate for the office of councilor-at-large at 
the preceding town election who received the largest number of votes without being elected, 
provided such person remains eligible and willing to serve and provided such person 
received votes at least equal to 30 per cent of the vote total received by the person receiving 
the largest number of votes for the office of councilor-at-large at the election. The elected 
town clerk shall certify such candidate to the office of councilor-at-large to serve for the 
balance of the then unexpired term. 

If a vacancy occurs in the office of councilor-at-large during the last 6 months of the 
term for the councilor-at-large was elected, the vacancy shall be filled by the person at the 
most recent annual town election who received the highest number of votes for the office of 
councilor-at-large and who is not then serving as a member of the town council. The person 
shall be certified by the town clerk and shall serve for the remaining months of the term 
which the person was elected. 

(b) District Councilor - If a vacancy occurs in the office of district councilor it shall 
be filled in the same manner as provided in subsection (a) of section 2-5 for the office of 
councilor-at-large except that the list shall be of the candidates for the office of district 
councilor in the district in which the vacancy occurs; provided, however, that if there is no 
candidate on the list who remains eligible and willing to serve, the next highest ranking 
candidate from among the candidates for election to the council-at-large who is a resident 
of the district in which the vacancy exists shall be certified and shall serve until the next 
regular election provided the candidate remains a resident of the district, is willing to serve 
as a district councilor and received votes in the district at least equal to 30 per cent of the 
vote total received by the person receiving the largest number of votes for the office of 
district councilor at the election. The elected town clerk shall certify such candidate to the 
office of district councilor to serve for the balance of the then unexpired term. 

(c) Filling of Vacancies By Town Council - If a vacancy occurs in the office of 
councilor-at-large or district councilor and there is no available candidate to fill the vacancy 
in the manner provided in subsection (a) or (b) of section 2-5, the vacancy shall be filled by 
the remaining members of the town council. To be eligible for election by the town council, 



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a person shall be a registered voter of the town and, in the case of a district councilor, a 
resident of such district Persons elected to fill a vacancy by the town council shall serve only 
until the next regular election, or if so decided, a special election, at which time the vacancy 
shall be filled by the voters and the person chosen to fill the vacancy shall be sworn and shall 
serve for the remainder of the unexpired term. Persons serving as town councilors under this 
section shall not be entitled to have the words "candidate for re-election" printed against their 
names on the election ballot. 

Section 2-6. Exercise of Powers; Quorum; Rules of Procedure 

(a) Exercise of Powers - Except as otherwise provided by any general or special law 
or the charter, the legislative powers of the town council may be exercised in a manner 
determined by it. 

(b) Quorum - The presence of 5 members shall constitute a quorum for the 
transaction of business. Except as otherwise provided by-law or this charter, the affirmative 
vote of 5 members shall be required to adopt any ordinance or appropriation order. 

(c) Rules of Procedure - The town council shall from time to time establish written 
rules for its proceedings. The rules shall be available for public inspection at the office of 
the elected town clerk and copies of the rules shall be available in the office of the town 
council during regular and special meetings of the town council. Regular meetings of the 
town council shall be held at a time and place fixed by ordinance but shall be at least 
monthly. Special meetings may be held on the call of the president of the town council, or 
on the call of 3 or more members, by written notice delivered to each member of the town 
council by the elected town clerk at least 48 hours before the time set. Except as otherwise 
authorized by a general or special law all sessions of the town council shall be open to the 
public. Every matter coming before the town council for action shall be put to a vote, the 
result of which shall be duly recorded. All town council votes on ordinances, appropriation 
orders or loan authorizations shall be taken by roll call vote, and shall be duly recorded by 
the clerk of the council. A full, accurate, and up-to-date record of the proceedings of the 
town council shall be kept and shall be open to inspection by the public. All meetings of the 
town council shall provide for a period of public comment. Regular meetings of the town 
council shall provide for a period of public comment, provided however, that the town 
council may promulgate rules that regulate such period of public comment as deemed 
appropriate. 

( 1 ) Any council member may, from time to time, submit to the town council proposed 
town policies, goals and other objectives for its consideration. The town council may amend, 
modify or reject any proposal submitted by the council president before adopting the same 
in its final form. Nothing in this subsection shall preclude any member of the town council 
from recommending town policies, goals and other objectives to the town council. 

(2) The town council shall be responsible for ensuring that the charter, the laws, the 
ordinances and other plans, policies and orders for the government of the town are properly 
implemented and enforced. 



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Chap. 52 

(3) The town council shall not direct or request the appointment or employment of 
any person, or the removal of any person, or in any manner attempt to participate in the 
appointment or removal of a person in the administrative service of the town for which the 
town manager is responsible. 

(4) The town council shall deal with the officers and employees serving under the 
town manager solely through the town manager and the council president shall not give any 
orders or directions to any such officer or employee, either publicly or privately. 

(5) The town council shall perform such other duties consistent with the office as may 
be provided by charter or by ordinance. 

Section 2-7. Measures; Emergency Measures; Charter Objection 

(a) Measures - No measure shall be passed finally on the date on which it is 
introduced, except in the case of an emergency. Except as otherwise provided by the charter, 
every adopted measure shall become effective at the expiration of 30 days after adoption or 
at any later date specified therein. Measures not subject to referendum, as defined in section 
8-4, shall become effective upon adoption. No ordinance shall be amended or repealed 
except by another ordinance adopted in accordance with the charter or as provided in the 
initiative and referendum procedures. 

(b) Emergency Measures - An emergency measure shall be introduced in the form 
and manner prescribed for measures generally except that it shall be plainly designated as an 
emergency measure and shall contain statements after the enacting clause declaring that an 
emergency exists and describing its scope and nature in clear and specific terms. A preamble 
which declares and defines the emergency shall be separately voted on and shall require the 
affirmative vote of two-thirds of the town council. An emergency measure may be passed 
with or without amendment or rejected at the meeting at which it is introduced. No measure 
making a grant, renewal or extension, whatever its kind or nature, or a franchise or special 
privilege shall be passed as an emergency measure, and except as provided by any general 
or special law, no such grant, renewal or extension shall be made otherwise than by 
ordinance. After its adoption, an emergency measure shall be published as prescribed for 
other adopted measures. An emergency measure shall become effective upon adoption or 
at such later time as it may specify. 

(c) Charter Objection - On the first occasion that the question on adoption of a 
measure is put to the town council, if a single member objects to the taking of the vote, the 
vote shall be postponed until the next meeting of the town council whether regular or special. 
If 2 members shall object, such postponement shall be until the next regular meeting; 
provided, however, that for a postponement of an emergency measure at least 4 members, 
in all, must object, and the postponement shall be until the next regular meeting. This 
procedure shall not be used more than once for any matter bearing a single docket number 
notwithstanding any amendment to the original matter. Before taking a vote on any measure 
the council president or councilor acting as the presiding officer shall ask if there is a charter 
objection to the measure. A charter objection shall have privilege over all motions but must 
be raised prior to or at the call for a vote by the presiding officer and all debate shall cease. 



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Section 2-8. Council Staff 

The town council may employ such staff and experts as are necessary to conduct the 
business of the town council. The town council shall set the salaries of such staff. 

The town council shall appoint an officer of the town who shall have the title of 
council clerk. The council clerk shall give notice of town council meetings to its members 
and the public, keep the journal of its proceedings and perform such other duties as are 
assigned by this charter, by the town council or by general or special law. 

Section 2-9. Publication Requirements 

Every proposed ordinance or loan order, except emergency measures as hereinbefore 
defined and revenue loan orders, shall be published once in full in at least 1 newspaper of 
general circulation within the town, and in any additional manner that may be provided by 
ordinance, at least 10 days before its final passage; provided, however, that if any ordinance 
or proposed ordinance or codification of ordinances or proposed ordinances, shall exceed 8 
octavo pages of ordinary book print, then, in lieu of the advertising required by this section, 
the same may be published by the town council in a municipal bulletin or printed pamphlet, 
and if so published in full at least 1 days before its final passage, the publication shall be 
deemed sufficient without the newspaper publication as herein required. 

Section 2- 1 0. Delegation of Powers 

The town council may delegate to 1 or more town agencies, the powers vested in the 
town council by general or special law to grant and issue licenses and permits and may 
regulate the granting and issuing of licenses and permits by any such town agency, and may 
in its discretion, rescind any such delegation without prejudice to any prior action which has 
been taken. 

Section 2-11. Inquiries and Investigations 

The town council may require any town officer or member of a board or commission 
to appear before it and give such information as it may require in relation to an office held 
by such person, its function and performance. The town council shall give at least 48 hours 
written notice of the general scope of the inquiry to any person it requires to appear before 
it under this section. The town council may make investigation into the affairs of the town 
and into the conduct of any town agency, and for this purpose may subpoena witnesses, 
administer oaths and require the production of evidence. The town council shall adopt rules 
of procedure to conduct the investigations. 

Section 2-12. Prohibitions; Term Limits 

(a) Prohibitions - No councilor shall, while a member of the town council, hold any 
other town office or position. Elected charter commission membership shall not be 
considered to be a town office or position. No former councilor shall hold any compensated 
appointive town office or town employment until 1 year after the expiration of his service 
on the town council. This provision shall not prevent a town officer or employee who has 
taken a leave of absence from such duties in order to serve as a member of the town council 
from returning to such office or employment following service as a member of the town 



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council. Any councilor who has been finally convicted of a criminal offense involving 
misconduct in any elective or appointive public office, trust or employment at any time held 
by him shall be deemed to have vacated office and shall not be eligible to serve in any other 
elective or appointive office or position in the town. 

(b) Term Limits - No person shall be eligible to be elected as a member of the town 
council if, at any point during the term of office for which the person may be elected, the 
service of the eligible person would exceed 12 consecutive years on the town council. 

Section 2-13. Compensation; Expenses 

(a) Salary - The town council shall serve without compensation. 

(b) Expenses - Subject to appropriation, the town council members shall be entitled 
to reimbursement of their actual and necessary expenses incurred in the performance of their 
duties. 

ARTICLE III - ELECTED OFFICIALS 

Section 3-1. General Provisions 

The offices to be filled by ballot of the voters of the entire town shall be town 
council, regional school committee, an elected town clerk, a board of library trustees and 
members of regional authorities or districts as may be established by general or special law, 
intergovernmental agreement or otherwise. All other offices, boards, committees and 
agencies shall be appointed by the town manager as defined in section 4-3 and as detailed in 
the administrative code. 

Any voter shall be eligible to hold any elective town office; provided, however, that 
to be eligible a person shall not simultaneously hold any other elected or appointed town 
office or be employed by the town or the Bridgewater-Raynham regional school district in 
any capacity. 

The regular town election of town officers shall be held annually on the Saturday 
preceding the last Monday in April. 

Notwithstanding their election by the voters, the town officers named in this section 
shall be subject to the call of the town council or the town manager, at all reasonable times, 
for consultation, conference and discussion on any matter relating to their respective offices. 

Section 3-2. Library Trustees 

(a) Composition, Election - There shall be a board of library trustees composed of 9 
members, all elected by and from the voters at large. 

(b) Term of Office - The terms of library trustee members shall be for 3 years 
beginning on the second Monday following election and continuing until a successor is 
qualified. 

(c) Powers and Duties - The library trustees shall insure that members of the 
Bridgewater community have the right and means to free and open access to information and 
ideas. The library protects intellectual freedom, promotes literacy and encourages life-long 
learning. 

(d) Filling of Vacancies - If a vacancy occurs in the membership of the library trustees 
whether by failure to elect or otherwise, the library trustees have 30 days from the date the 



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vacancy is declared to exist by the town clerk under section 1 09 of chapter 4 1 of the General 
Laws, to act to appoint a person to fill the vacancy. The appointments will be approved by 
the town council. If the vacancy is not filled within 30 days after the vacancy is declared to 
exist the appointment will defer to the town council. The appointee will serve for the 
balance of the unexpired term. A person so chosen shall be sworn and commence to serve 
forthwith. Library trustees or town council shall give consideration to whichever of the 
defeated candidates for the seat in which the vacancy is declared to exist received the highest 
number of votes at the last regular town election immediately preceding the date the vacancy 
is declared to exist. 

Section 3-4. Town Clerk 

(a) Composition, Election - A town clerk shall be elected by and from the voters at 
large. 

(b) Term of Office - The term of office for a town clerk shall be for 3 years beginning 
on the second Monday following election and continuing until a successor is qualified. 

(c) Powers and Duties - The town clerk shall: (1) be the keeper of vital statistics of 
the town; (2) be the custodian of the town seal and of all records of the town; (3) administer 
the oath of office to all town officers; (4) issue licenses and permits as may be provided 
by-law and (5) be responsible for the conduct of elections and all matters relating thereto. 
The town clerk shall have the powers and duties provided under any general or special law, 
the charter, ordinance or other town council vote. 

ARTICLE IV - TOWN MANAGER 

Section 4-1. Appointment, Qualifications, Term of Office 

The town council shall appoint by a majority vote of the full town council, a town 
manager. The town manager shall be a person of proven administrative ability, especially 
qualified by education and training with prior experience as a city or town manager or an 
assistant city or town manager or the equivalent public or private sector level experience. 
The town council may from time to time establish additional qualifications as deemed 
necessary and appropriate. The town manager shall devote full-time to the duties of the 
office and shall not hold any other elective or appointive office in the town, nor shall the 
town manager engage in other business unless such business is approved in advance by a 
majority vote in public session of the town council. The town manager need not be a 
resident of the town, but must be a United States citizen. 

Section 4-2. Administrative Powers and Duties 

The town manager shall be the chief administrative officer of the town and shall be 
responsible to the town council for the proper operation of town affairs for which the town 
manager is given responsibility under this charter. The powers, duties and responsibilities 
of the town manager shall apply to all municipal departments excluding the Bridgewater 
Raynham Regional School District, and shall include, but shall not be limited to, the 
following: 

(1) to supervise, direct and be responsible for the efficient administration of all 
officers appointed by the town manager and their respective departments and of all functions 



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for which the town manager is given responsibility under this charter, by ordinance or by 
vote of the town council; 

(i) With the consent of town council, the town manager may serve as the head of 1 
or more departments, offices or agencies or may appoint 1 person as the head of 2 or more 
of them; 

(2) to administer either directly or through a person supervised by the town manager, 
in accordance with this charter, all provisions of any general or special law applicable to the 
town, all ordinances and all regulations established by the town council; 

(3) to coordinate all activities of town departments or appointed boards, committees 
or agencies; 

(4) to provide consultative services to elected boards, committees or agencies; 

(5) to attend all regular and special meetings of the town council, unless excused, and 
answer all questions addressed to the town manager which are related to matters under the 
general supervision of the town manager; 

(6) to have the right to take part in discussions of the town council, but not vote; 

(7) to keep the town council fully informed as to the needs of the town, and to 
recommend to the town council for adoption, such measures requiring action by them as the 
town manager deems necessary or expedient; 

(8) to make recommendations to the town council concerning the affairs of the town 
and facilitate the work of the town council in developing policy; 

(9) to ensure that complete and full records of the financial and administrative 
activity of the town are maintained and to render reports to the town council and finance 
committee as may be required; 

(10) to be responsible for the rental, use, maintenance and repair of all town 
facilities; 

(11) to be responsible for the purchase of all supplies, materials and equipment and 
approve the award of all contracts; 

(12) to develop and maintain a full and complete inventory of all town-owned real 
and personal property; 

(13) to administer personnel policies, practices or rules and regulations, any 
compensation plan and related matters for all town employees and to administer all collective 
bargaining agreements entered into by the town; 

(14) to fix the compensation of all town employees and officers appointed by the 
town manager within the limits established by appropriation and applicable compensation 
plan; 

(15) to be responsible for the negotiation of all contracts with town employees over 
wages, and other terms and conditions of employment. The town manager may employ 
special counsel to assist in the performance of these duties. Insofar as they require 
appropriations, contracts shall be subject to the approval of the town council. 

(1 6) to prepare and submit an annual operating budget, capital improvement program 
and a long term financial forecast as provided in Article VI; 



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(17) to ensure that the council president is kept fully informed of and fully involved 
in the town's emergency preparedness planning and preparation; 

(1 8) to keep the town council fully informed as to the financial condition of the town 
and to make recommendations to the town council as the town manager determines necessary 
or expedient; 

( 1 9) to assist the town council to develop long-term goals for the town and strategies 
to implement these goals; 

(20) to investigate or inquire into the affairs of any town department, agency or 
office; 

(21) to delegate, authorize or direct a subordinate or employee of the town to 
exercise any power, duty or responsibility which the office of town manager may exercise; 
provided, however, that all acts that are performed under the delegation shall be considered 
to be the acts of the town manager; 

(22) to perform such other duties as necessary or as may be assigned by this charter, 
by ordinance or by vote of the town council; 

(23) to provide staff support services for the council president and town council 
members; 

(24) to serve as the town's liaison to any regional entity of which the town is a 
member and to explore opportunities for intergovernmental cooperation; 

(25) to promote partnerships among town council, staff, citizens and businesses in 
developing public policy and building a sense of community; and 

(26) to hold regular informational sessions with departments and community-based 
organizations. 

Section 4-3. Powers of Appointment 

(a) Department Heads - Except as otherwise provided by this charter, the town 
manager shall appoint, based upon merit and fitness alone, all department heads. All 
appointments of department heads, as defined within the administrative code, shall be subject 
to the ratification of the town council. The town manager shall also appoint officers, 
subordinates and employees for whom no other method of selection is provided in this 
charter; provided, however, that the town manager shall not appoint employees of the 
regional school district and persons serving under officers elected directly by the voters of 
Bridgewater. In accordance with the procedures set forth in section 5-2, the town manager 
may be required to consult with or engage in a joint recruitment and selection process with 
multiple member bodies, before the appointment of department heads or employees who 
perform tasks under the jurisdiction of the multiple member bodies. 

(b) Boards, Committees, and Agencies - Except as otherwise provided by this 
charter, the town manager shall appoint all boards, committees and agencies. Members of 
all appointed boards and committees shall be residents of the town. All appointments of 
boards, committees and agencies, as defined within the administrative code, shall be subject 
to the ratification of the town council. The town manager shall form a citizen's advisory 
committee to help in evaluating and selecting those individuals for appointment. The num- 



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ber and terms of office of the committee shall be established by ordinance. 

Section 4-4. Powers of Suspension, Removal 

The town manager shall have the authority to suspend or remove department heads 
and appointive administrative officers provided for by or under this charter, except as 
otherwise provided by-law, collective bargaining agreements, this charter or personnel rules 
adopted pursuant to this charter. The town manager may authorize an administrative officer 
subject to the manager's direction and supervision to exercise these powers with respect to 
subordinates in that officer's department, office or agency. 

Section 4-5. Compensation 

The town manager shall receive such compensation for services as the town council 
shall determine, but such compensation shall be within the limits of available appropriations. 

Section 4-6. Vacancy in Office 

A vacancy in the office of town manager shall be filled as soon as possible by the 
town council. Pending appointment of the town manager or the filling of any vacancy, the 
town council shall forthwith appoint some other qualified person to perform the duties of the 
town manager. The appointment of the acting town manager shall be for a term not to 
exceed 3 months; provided, however, that a renewal, not to exceed an additional 3 months 
may be provided. 

Section 4-7. Temporary Absence 

The town manager shall designate by letter filed with the town council and elected 
town clerk, a qualified officer of the town to perform the duties of the town manager during 
a temporary absence or disability. The town council may not revoke such designation until 
at least 14 days have elapsed whereupon it may appoint such other person to perform the 
duties of the town manager. In the event of failure of the town manager to make such 
designation or if the person so designated is for any reason unable to serve, or is deemed not 
qualified by the town council, the town council may designate some other qualified person 
to perform the duties of the town manager until the town manager returns. 

Section 4-8. Removal of Town Manager 

The town council, by affirmative vote of a majority of the full town council, may vote 
to terminate, remove or suspend the town manager from office in accordance with the 
following procedure: Before removal or termination the town council shall adopt a 
preliminary resolution of removal by the affirmative vote of a majority of the full town 
council. The preliminary resolution may suspend the town manager for a period not to 
exceed 30 days. A copy of the resolution shall be delivered to the town manager forthwith. 
If so requested by the town manager, the town council shall provide a written statement 
setting forth the reasons for the removal or termination. Within 5 days after the receipt of 
the preliminary resolution, the town manager may request a public hearing by filing a written 
request for such hearing with the town council. If such a hearing is requested, the hearing 
shall be held at a meeting of the town council not later than 20 days from the date of request. 
At such hearing the town manager shall be entitled to address the town council and make 
comments related to the preliminary resolution. If a public hearing has not been requested 



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by the town manager, the town council may adopt a final resolution of removal, which may 
be effective immediately, by the affirmative vote of a majority of the full town council at any 
time after 10 days following the date of delivery of a copy of the preliminary resolution to 
the town manager. If the town manager requests a public hearing, the town council may, at 
the conclusion of the hearing or within 5 days of the conclusion of the hearing, adopt a final 
resolution of removal by an affirmative vote of majority of the full town council. The town 
council may suspend by an affirmative vote of the majority of the full town council, the town 
manager pending and during any public hearing as requested by the town manager. The town 
manager shall continue to receive a salary until the final date of removal becomes effective 
unless provided otherwise. The action of the town council in terminating, removing or 
suspending the town manager shall be final. 

Section 4-9. Annual Review of the Town Manager 

Annually, the council president shall cause the town council to prepare and deliver 
to the town manager a written evaluation of the town manager's performance. The evaluation 
shall be conducted in accordance with any applicable general or special law. 

ARTICLE V - ADMINISTRATIVE ORGANIZATION 

Section 5-1 . Organization of Town Agencies; Adoption of Administrative Code 

The organization of the town into operating agencies for the provision of services and 
the administration of government may, under charter powers granted in section 20 of chapter 
43 B of the General Laws, be accomplished through either of 2 methods provided in this 
section. For the convenience of the public, the administrative code and any amendments 
thereto shall be printed as an appendix to, but not an integral part, of the ordinances of the 
town. 

(a) Ordinance - Subject only to the express prohibitions in any general or special law 
or the provisions of this charter, the town council may by ordinance, reorganize, consolidate, 
create, merge, divide or abolish any town agency, in whole or in part, establish such new 
town agencies as it deems necessary or advisable, determine the manner of selection, the 
term of office and prescribe the functions of all such agencies. 

(b) Executive Reorganizations - The town manager may from time to time prepare 
and submit to the town council a plan of organization or reorganization which establishes 
operating divisions for the orderly, efficient or convenient conduct of business of the town. 
Whenever the town manager prepares such plan, the town manager shall hold 1 or more 
public hearings on the proposal giving notice by publication in a local newspaper, which 
notice shall describe the scope of the proposal and the time and place at which the public 
hearing will be held, not less than 7 nor more than 14 days following the date of the 
publication. Following the public hearing, the proposal, which may be amended by the town 
manager subsequent to the public hearing, shall be submitted to the town council. An 
organization or reorganization plan shall become effective at the expiration of the 60 days 
following the date of submission of the proposal to the town council unless the town council 
shall, by a majority vote, vote to disapprove the plan. The town council may vote only to ap- 
prove or disapprove the plan and no vote to amend or alter it shall be deemed in order. The 



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town manager may propose reorganization plans and subject only to express prohibitions of 
any general or special law or this charter, reorganize, consolidate or abolish in whole or in 
part town agencies or establish such new town agencies as is deemed necessary to the same 
extent as is provided in subsection (a), for ordinances; and for such purpose may transfer the 
duties and powers and so far as is consistent with the use for which the funds were voted by 
the town council, transfer the appropriation of 1 town agency to another. Whenever a 
reorganization proposal becomes effective, whether under the provisions of subsection (a) 
or (b), no proposal to again reorganize which deals with substantially the same subject matter 
shall be acted upon within 18 months following the first reorganization, except on the 
petition of the town manager. 

Section 5-2. Personnel Administration 

The town manager shall adopt rules and regulations establishing a personnel system. 
The personnel system shall make use of modern concepts of personnel management and may 
include, but not be limited to, the following elements: 

(1) a method of administration; 

(2) personnel policies indicating the rights, obligations and benefits of employees; 

(3) a classification plan; 

(4) a compensation plan; 

(5) a method of recruiting and selecting employees based upon merit principles; 

(6) a centralized record keeping system; 

(7) a merit based performance evaluation system; 

(8) disciplinary procedures; and 

(9) other elements that are determined necessary. 

All town agencies and positions shall be subject to the rules and regulations adopted 
under this section; provided, however, that this shall not include employees of the regional 
school department. 

Department heads shall have the authority to appoint, suspend and remove based 
upon merit and fitness alone all department subordinates and employees, except as otherwise 
provided by-law, collective bargaining agreements, this charter or personnel rules adopted 
under this charter. Employees of the regional school department and persons serving under 
officers elected directly by the voters of the town are excluded. 

Section 5-3. Town Attorney 

(a) Appointment - There shall be a legal officer of the town appointed by the town 
manager subject to confirmation by the town council. 

(b) Role - The legal officer shall serve as chief legal adviser to the town council, the 
town manager and all town departments, offices and agencies, shall represent the town in all 
legal proceedings and shall perform other duties prescribed by any general or special law, by 
this charter or by ordinance. 

ARTICLE VI - FINANCIAL MANAGEMENT 
Section 6-1 . Annual Budget Policy 



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The council president shall call a joint meeting of the town council, the regional 
school committee chairman, or his designee, the finance committee, the town manager and 
any other committee established for the budget process, before the commencement of the 
budget process to review the financial condition of the town, revenue and expenditure 
forecasts and other relevant information in order to develop a coordinated budget. 

The fiscal year of the town shall begin annually on the first day of July and end on 
the last day of June. 

Section 6-2. Submission of Budget; Budget Message 

Within the period prescribed by any general or special law and the regional school 
district agreement, the town manager shall submit to the town council a proposed operating 
budget for all town agencies. The budget message submitted by the town manager shall 
explain the budget in fiscal terms and in terms of work programs for all town agencies. It 
shall outline the proposed fiscal policies of the town for the ensuing fiscal year and shall 
describe important features of the proposed budget and indicate any major variations from 
the current budget, fiscal policies, expenditures and revenues together with reasons for such 
change. The proposed budget shall provide a complete fiscal plan of all town funds and 
activities and shall be in the form the town manager deems desirable. 

The regional school district proposed budget, as adopted by the school committee for 
the ensuing fiscal year, with an accompanying budget message and supporting documents 
will be presented to the town council by the town manager. 

On a date as determined from time to time by ordinance, but not later than February 
1 st of each year, the town manager shall submit to the town council a preliminary budget for 
the ensuing fiscal year and an accompanying message. The final budget should be submitted 
by the first town council meeting in April, unless the town manager shall request an 
extension of time. The extension may be granted at the discretion of the town council, but 
must provide for a reasonable and timely review of the proposed budget. 

(a) Budget - The budget shall provide a complete financial plan of all town funds and 
activities for the ensuing fiscal year and, except as required by-law or this charter, shall be 
in the form as the town manager deems desirable or the town council may require for 
effective management and an understanding of the relationship between the budget and the 
town's strategic goals. The budget shall be realistic and based on a forecast of those 
scenarios most likely to occur in the coming year. The budget shall begin with a clear 
general summary of its contents, shall show in detail all estimated income, indicating the 
proposed property tax levy and all proposed expenditures, including debt service, for the 
ensuing fiscal year and shall show comparative figures for actual and estimated income and 
expenditures of the current fiscal year and actual income and expenditures of the preceding 
fiscal year. It shall indicate in separate sections: 

(1) The proposed goals and expenditures for current operations during the ensuing 
fiscal year, detailed for each fund by department or by other organization unit, and program, 
purpose or activity, method of financing such expenditures and methods to measure 
outcomes and performance related to the goals; 



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(2) Proposed longer-term goals and capital expenditures during the ensuing fiscal 
year, detailed for each fund by department or by other organization unit when practical, the 
proposed method of financing each such capital expenditure and methods to measure 
outcomes and performance related to the goals; and 

(3) The proposed goals, anticipated income and expense, profit and loss for the 
ensuing year for each utility or other enterprise fund or internal service fund operated by the 
town and methods to measure outcomes and performance related to the goals; provided, 
however, that for any fund, the total of proposed expenditures shall not exceed the total of 
estimated income plus carried forward fund balance exclusive of reserves. 

(b) Budget Message - The town manager's message shall explain the budget both in 
fiscal terms and in terms of the work programs, linking those programs to organizational 
goals and community priorities. It shall outline the proposed financial policies of the town 
for the ensuing fiscal year and the impact of those policies on future years. It shall describe 
the important features of the budget, indicate any major changes from the current year in 
financial policies, expenditures and revenues together with the reasons for such changes, 
summarize the town's debt position, including factors affecting the ability to raise resources 
through debt issues and include such other material as the town manager deems desirable. 

Section 6-3. Action of the Budget 

(a) Public Hearing - The town council shall publish in a newspaper of general 
circulation in the town, a summary of the proposed operating budget as submitted by the 
town manager by a notice stating: (1) the times and places where copies of the entire 
proposed budget are available for inspection by the public; and (2) the date, time and place 
not less than 1 4 days after the publication, when a public hearing on the proposed budget will 
be held by the town council. For the purpose of this section, the summary of the proposed 
operating budget that is required to be published shall contain proposed appropriations, 
funding sources and any narrative summary deemed necessary by the town council. The 
proposed budget will be published on the town's website not less than 14 days before the 
date of the public hearing. 

(b) Adoption of the Budget - The town council shall adopt the budget, with or without 
amendments, within 45 days following the date the budget if filed with the clerk of the town 
council. In amending the budget, the town council may delete or decrease any programs or 
amounts except expenditures required by-law or for debt service. The town council shall not 
increase any line item without a corresponding decrease in an identified line item and the 
total proposed budget may not be increased from what was proposed unless otherwise 
authorized by any general or special law. If the town council fails to take action with respect 
to any item in the budget within 45 days after receipt of the budget, the amount shall, without 
any action by the town council become a part of the appropriations for the year and be 
available for the purposes specified. The adopted budget will be published on the town's 
website not less than 14 days after adoption. 

(c) Budget to Actual Assessments - The town manager shall conduct a mid-year 
budget to actual comparison, showing significant variances, for review and presentation to 



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the public. The mid-year assessment will be published on the town's website not less than 
14 days after review with the public. 

Section 6-4. Supplementary Budgets and Appropriations 

Whenever the town manager submits to the town council a request for an 
appropriation of any sum of money, whether as a supplement to the annual operating budget 
or for an item not included therein, the town council shall not act upon the request until it has 
given notice by publication in a local newspaper of the request and held a public hearing 
concerning the request. The publication and the public hearing shall be in conformity with 
the provisions of subsection (a) of section 6-3 concerning the proposed annual operating 
budget. 

(a) Supplemental Appropriations - If during or before the fiscal year begins, the town 
manager certifies that there are available for appropriation, revenues in excess of those 
estimated in the budget, town council by ordinance may make supplemental appropriations 
for the year up to the amount of the excess. 

(b) Emergency Appropriations - To address a public emergency affecting life, health, 
property or the public peace, the town council may make emergency appropriations. The 
appropriations may be made by emergency ordinance in accordance with Article II. To the 
extent that there are no available unappropriated revenues or a sufficient fund balance to 
meet the appropriations, the town council may by an emergency ordinance authorize the 
issuance of emergency notes, which may be renewed from time to time, but the emergency 
notes and renewals of any fiscal year shall be paid or refinanced as long-term debt not later 
than the last day of the fiscal year next succeeding that in which the emergency appropriation 
was made. 

(c) Reduction of Appropriations - If at any time during the fiscal year it appears 
probable to the town manager that the revenues or fund balances available will be 
insufficient to finance the expenditures for which appropriations have been authorized, the 
manager shall report to the town council without delay, indicating the estimated amount of 
the deficit, any remedial action taken by the town manager and recommendations as to any 
other steps to be taken. The town council shall then take the further action as it deems 
necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce 
or eliminate 1 or more appropriations. 

(d) Transfer of Appropriations - At any time during or before the fiscal year, the town 
manager, with concurrence from the finance committee and the town council, may transfer 
up to a maximum of $25,000 of the unencumbered appropriation balance from 1 department, 
fund, service, strategy or organizational unit to the appropriation for other departments or 
organizational units or a new appropriation and shall report the transfers to the town council 
in writing within a 14-day period. The town manager may also, with concurrence from the 
finance committee and town council, transfer funds among line items within a department, 
fund, service, strategy or organizational unit and shall report the transfers to the town council 
in writing within a 14-day period. 



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(e) Limitation; Effective Date - No appropriation for debt service may be reduced or 
transferred, except to the extent that the debt is refinanced and less debt service is required 
and no appropriation may be reduced below an amount required by-law to be appropriated 
or by more than the amount of the unencumbered balance thereof. The supplemental and 
emergency appropriations and reduction or transfer of appropriations authorized by this 
section may be made effective immediately upon adoption. 

Section 6-5. Administration and Fiduciary Oversight of the Budget 

The town council shall provide by ordinance the procedures for administration and 
fiduciary oversight of the budget. 

Section 6-6. Capital Improvements Program 

(a) Preparation - The town manager shall, in conjunction with any committee 
established for such purpose, annually submit a 5-year capital improvement program to the 
town council at least 30 days before the date for submission of the operating budget, unless 
some other time is provided by ordinance. 

(b) Contents - The capital improvement program shall include: 

(1) A clear general summary of its contents; 

(2) Identification of the long-term goals of the community; 

(3) A list of all capital improvements and other capital expenditures proposed to be 
undertaken during the fiscal years next ensuing, with appropriate supporting information as 
to the necessity for each; 

(4) Cost estimates and recommended time schedules for each improvement or other 
capital expenditure; 

(5) Method of financing upon which each capital expenditure is to be reliant; 

(6) The estimated annual cost of operating and maintaining the facilities to be 
constructed or acquired; 

(7) A commentary on how the plan addresses the sustainability of the community and 
the region of which it is a part; and 

(8) Methods to measure outcomes and performance of the capital plan related to the 
long-term goals of the community. 

The above shall be revised and extended each year with regard to capital 
improvements still pending or in process of construction or acquisition. 

(d) Public Hearing - The town council shall publish in a newspaper of general 
circulation in the town a summary of the proposed capital improvement plan as submitted 
by the town manager by a notice stating: (1) the times and places where copies of the entire 
proposed capital improvement plan are available for inspection by the public; and (2) the 
date, time and place not less than 14 days after the publication, when a public hearing on the 
proposed capital improvement plan will be held by the town council. The proposed capital 
improvement plan will be published on the town's website not less than 14 days before the 
date of the public hearing. 

(e) Adoption of the Capital Improvement Program - Town council shall adopt the 
capital improvement plan, with or without amendments, provided that each amendment must 



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be voted separately and that any increase in the capital improvement plan as submitted must 
clearly identify and approve the method of financing proposed to accomplish the increase. 
The proposed capital improvement plan will be published on the town's website upon 
adoption. 

Section 6-7. Long Term Financial Forecast 

(a) The town manager shall annually prepare a 5-year financial forecast of town 
revenue, expenditures and the general financial condition of the town. The forecast shall 
include, but not be limited to: (1) an identification of factors which will impact on the 
financial condition of the town; (2) revenue and expenditure trends; and (3) potential sources 
of new or expanded revenues and any long or short-term actions which may be taken that 
may enhance the financial condition of the town. The forecast shall be submitted to the town 
council and finance committee and shall be available to the public for inspection. The 
long-term financial forecast shall be published on the town's website and when updates 
occur, they shall be posted in a timely manner. 

Section 6-8. Annual Independent Audit 

The town council shall provide for an independent annual audit of all town accounts 
and may provide for more frequent audits as it deems necessary. An independent certified 
public accountant or firm of such accountants shall make the audits. The audits should be 
performed in accordance with generally-accepted auditing standards and generally-accepted 
governmental auditing standards. 

The town council shall designate no fewer than 3 of its members to serve as an audit 
committee. The committee shall: 

(1) Lead the process of selecting an independent auditor; 

(2) Direct the work of the independent auditor as to the scope of the annual audit and 
any matters of concern with respect to internal controls; and 

(3) Receive the report of the internal auditor and present that report to the town 
council with any recommendations from the committee. 

The town council shall, using competitive bidding, designate such accountant or firm 
annually or for a period not exceeding 5 years, but the designation for a particular fiscal year 
shall be made not later than 30 days after the beginning of the fiscal year. The standard for 
independence is that the auditor must be capable of exercising objective and impartial 
judgment on all issues encompassed within the audit engagement. No accountant or firm 
may provide other services to the town during the time it is retained to provide independent 
audits to the town. The town council may waive this requirement by a majority vote at a 
public hearing. If the commonwealth makes such an audit, the council may accept it as 
satisfying the requirements of this section. 

Section 6-9. Financial Committee 

(a) There shall be a finance committee consisting of 9 members, appointed each for 
a 3-year staggered term, the members of which shall be appointed as follows: 3 members by 
the town manager, 3 members by the town council and 3 members by the elected town clerk. 
The finance committee shall report its recommendations on finance related matters before 



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the town council, in writing, at least 10 days before a scheduled town council meeting. 
Before preparing its recommendations, the finance committee shall hold 1 or more public 
meetings to permit discussion of all finance matters before the town council, except those 
matters subject to public hearings by other multiple-member town bodies and not containing 
appropriations. The finance committee shall have such additional powers and duties as may 
be provided by the General Laws, by this charter or by by-law. 

(b) The finance committee, town accountant and town treasurer-collector shall 
support the overall budget process. The town accountant and town treasurer-collector shall 
have ex-officio membership, without voting rights on the committee. The finance committee 
shall carry out its duties in accordance with the provisions of general law, this charter and 
by-law and it shall have regular and free access and inspection rights to all books and 
accounts of any town department or office. The committee shall carefully examine all budget 
and appropriations proposals and shall issue its review thereon before consideration, debate 
and vote by the town council. 

Section 6-10. Financial Management Standards 

The town council may by ordinance establish reasonable standards relating to the 
management of financial systems and practices. Any standards adopted shall conform to 
modern concepts of financial management. 

Section 6-11. Public Records 

Copies of the budget, capital program, independent audits and appropriation and 
revenue ordinances shall be public records and shall be published on the town's website. 

ARTICLE VII - ELECTIONS AND; RELATED MATTERS 

Section 7-1. Town Elections 

The regular town election of town officers shall be held annually on the Saturday 
preceding the last Monday in April. 

Section 7-2. Non-Partisan Elections 

All elections for town offices shall be non-partisan and election ballots shall be 
printed without any party mark, emblem or other designation whatsoever 

Section 7-3. Signature Requirements; Information to Voters; Ballot Position 

(a) Signature Requirements - The number of signatures of voters required to place the 
name of a candidate on the official ballot to be used at an election shall be as follows: For 
an office which is to be filled by the voters of the whole town, not less than 150. For an 
office which is to be filled by the voters of a district, not less than 1 00 from such district. 

(b) Information to Voters - If the candidate in a regular town election is an incumbent 
elected by the voters to the office to which the candidate seeks election, against the 
candidate's name shall appear the phrase "candidate for re-election". 

(c) Ballot Position - The order in which names of candidates appear on the ballot for 
each office in a regular town election shall be determined by a drawing by lot conducted by 
the elected town clerk. At least 35 days before the date of the election, the town clerk shall 
post in a conspicuous place in the town hall the names and residences of the candidates for 



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election who have duly qualified as candidates for election. The order of the names as to 
appear on the ballot shall be drawn by the town clerk. In drawing by lot for position on the 
ballot the candidates shall have an opportunity to be present in person or by one 
representative each. 

Section 7-4. Districts 

The territory of the town shall be divided into 7 districts so established as to consist 
of as nearly an equal number of inhabitants as it is possible to achieve based on compact and 
contiguous territory, bounded insofar as possible by the center line of known streets or ways 
or by other well defined limits. Each such district shall be composed of 1 or more voting 
precincts established in accordance with general laws. The town council shall from time to 
time, but at least once in each 10 years, review such districts to insure their uniformity in 
number of inhabitants. 

Section 7-5. Application of State Laws 

Except as expressly provided in the charter and authorized by any general or special 
law, all town elections shall be governed by federal, state and local laws relating to the right 
to vote, the registration of voters, the nomination of candidates, the conduct of elections, the 
submission of charter amendments and other propositions, the counting of votes and the 
declaration of results. 

ARTICLE VIII - CITIZEN PARTICIPATION MECHANISMS 

Section 8-1. Citizen Initiative Measures 

(a) Commencement - Initiative procedures shall be started by the filing of a proposed 
initiative petition with the elected town clerk. The petition shall be addressed to the town 
council, shall contain a request for the passage of a particular measure which shall be set 
forth in full in the petition and shall be signed by at least 50 voters. The petition shall be 
accompanied by an affidavit signed by 10 voters and containing their residential addresses 
stating they will constitute the petitioners' committee and be responsible for circulating the 
petition and filing it in proper form. The person whose signature appears first on the 
affidavit accompanying such petition shall be designated as clerk. 

(b) Referral to Town Attorney - The elected town clerk shall, forthwith following 
receipt of each such proposed petition, deliver a copy of the petition to the town attorney. 
The town attorney shall, within 1 5 days following receipt of a copy of the petition, in writing, 
advise the elected town clerk whether the measure as proposed may lawfully be proposed by 
the initiative process and whether, in its present form, it may be lawfully adopted by the town 
council. If the opinion of the town attorney is that the measure is not in proper form, the 
reply shall state the reasons for such opinion, in full. A copy of the opinion of the town 
attorney shall also be mailed by the elected town clerk to the clerk of the petitioners' 
committee. 

(c) Submission to elected Town Clerk - If the opinion of the town attorney is that the 
petition is in proper form, the elected town clerk shall provide blank forms for the use of 
subsequent signers and shall print at the top of each blank a fair, concise summary of the pro- 
posed measure, as determined by the town attorney, together with the names and addresses 



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of the first 10 voters who signed the originating petition. Within 10 days following the date 
the blank forms are issued by the elected town clerk the petitions shall be returned and filed 
with the elected town clerk signed by at least 10 per cent of the total number of voters as of 
the date of the most recent town election. Signatures to an initiative petition need not all be 
on 1 paper, but all such papers pertaining to any 1 measure shall be fastened together and 
shall be filed as a single instrument, with the endorsement thereon of the name and residence 
address of the person designated as filing the same. With each signature on the petition there 
shall also appear the street and number of the residence of each signer. Within 1 days 
following the filing of the petition the board of registrars of voters shall ascertain by what 
number of voters the petition has been signed and what percentage that number is of the total 
number of voters as of the date of the most recent town election and shall return the petition 
along with a certificate showing the results of the examination of the registrars of voters to 
the elected town clerk. A copy of the certificate of the board of registrars of voters shall also 
be mailed to the person designated as clerk of the petitioners' committee. 

(d) Action on Petitions - Within 30 days following the date a petition has been 
returned to the elected town clerk and after publication in accordance with this section, the 
town council may pass the measure without alteration, subject to the referendum vote 
provided by this charter or, the town council shall call a special election to be held on a date 
fixed by it not less than 35 nor more than 60 days after the date of the certificate hereinbefore 
mentioned and shall submit the proposed measure without alteration to a vote of the voters 
at that election; provided, however, that if a town election is otherwise to occur within 120 
days after the date of the certificate, the town council may, at its discretion, omit the calling 
of a special election and submit the proposed measure to the voters at the approaching 
election. The ballots used when voting upon a proposed measure under this section shall 
state the nature of the measure in terms sufficient to show the substance thereof as set forth 
in subsection (f). 

(e) Publication - The full text of any initiative measure which is submitted to the 
voters shall be published in a local newspaper and on the town's website not less than 7 nor 
more than 14 days preceding the date of the election at which the question is to be voted 
upon. Additional copies of the full text shall be available for distribution to the public in the 
office of the elected town clerk and on the town's website. 

(f) Form of Question - The ballots used when voting on a measure proposed by the 
voters under this section shall contain a question in substantially the following form: 

Shall the following measure which was proposed by an initiative petition take effect? 
(Here insert a fair, concise summary prepared by the town attorney.) 
YES NO 

(g) Time of Taking Effect - If a majority of the votes cast on the question is in the 
affirmative, the measure shall be deemed to be effective forthwith, unless a later date is 
specified in the measure. 

Section 8-2. Citizen Referendum Procedures; Referendum Petition; Effect on Final 
Passage 



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If within 10 days after the final passage of a measure, a petition signed by voters 
equal in number to at least 5 per cent of the total number of voters and addressed to the town 
council, protesting against the measure or any part thereof taking effect, is filed with the 
elected town clerk, the same shall thereupon and thereby be suspended from taking effect and 
the town council, as the case may be, shall immediately reconsider the measure or part 
thereof and if such measure or part thereof is not entirely rescinded, the town council shall 
submit the same, to a vote of the voters either at the next regular town election or at a special 
election which may, in its discretion, be called for the purpose and the measure or part 
thereof shall forthwith become null and void unless a majority of the voters voting on the 
same at the election vote in favor thereof. 

Section 8-3. Required Voter Participation 

For a measure to be effective under the initiative procedure and for any measure to 
be declared null and void under a referendum procedure, at least 20 per cent of the voters 
shall vote at an election upon which an initiative or referendum question is submitted to the 
voters. 

Section 8-4. Measures Not Subject to Initiative and Referendum 

Measures which include the following subject matter shall not be subject to initiative 
and referendum procedures: 

(1) Revenue loan orders; 

(2) Appropriations for the payment of debt or debt service; 

(3) Internal operational procedures of the town council; 

(4) Emergency measures; 

(5) The town budget as a whole or the school committee budget as a whole; 

(6) Appropriation of funds to implement a collective bargaining agreement; 

(7) Procedures relating to election, appointment, removal, discharge or other 
personnel action; and 

(8) Proceedings providing for the submission or referral of a matter to the voters at 
an election. 

Section 8-5. Submission of Proposed Measure to Voters 

The town council may, of its own motion, submit any proposed measure or a 
proposition for the repeal or amendment of any measure, to a vote of the voters for adoption 
or rejection at a general or special town election. The town council shall also allow for the 
submissions upon request of the regional school committee if a measure originates with the 
committee and pertains to the affairs under its administration. Such action of the town 
council shall have the same force and effect as are provided herein for submission of the 
measures on petition by the voters. 

Section 8-6. Measures with Conflicting Provisions 

If 2 or more proposed measures passed at the same election contain conflicting 
provisions, only the one receiving the greater number of affirmative votes shall take effect. 

Section 8-7. Free Petition 



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(a) Individual Petitions, Action Discretionary - The town council shall receive all 
petitions which are addressed to them and signed by a voter, as certified by the town board 
of registrars of voters, or its successor, and may, at their discretion, take such action with 
regard to the petitions as they deem necessary and appropriate. 

(b) Group Petitions; Action Required - The town council shall hold a public hearing 
and act by taking a vote on the merits of every petition which is addressed to it and is signed 
by at least 1 50 voters, as certified by the Town Board of Registrars of Voters, or its 
successor. The hearing shall be held by the town council or by a committee or subcommittee 
thereof and the action by the town council shall be taken not later than 2 months after the 
petition is filed with the elected town clerk. Hearings on 2 or more petitions filed under this 
section may be held at the same time and place. The elected town clerk shall mail notice of 
the hearing to the 10 petitioners whose names first appear on each petition at least 7 days 
before the hearing. Notice by publication at least 7 days before such hearings shall also be 
made and shall be at the public expense. No hearing shall be heard upon any one subject 
more than once in any given 12 month period. All papers with signatures shall be filed in 
the office of elected town clerk as one instrument on one date and time. 

ARTICLE IX - GENERAL PROVISIONS 

Section 9- 1 . Conflicts of Interest 

(a) Conflicts of Interest - The use of public office for private gain is prohibited. The 
town council shall implement this prohibition by ordinance, the terms of which shall include, 
but not be limited to: (1) acting in an official capacity on matters in which the official has a 
private financial interest clearly separate from that of the general public; (2) the acceptance 
of gifts and other things of value; (3) acting in a private capacity on matters dealt with as a 
public official; (4) the use of confidential information; and (5) appearances by town officials 
before other town agencies on behalf of private interests. This ordinance shall include a 
statement of purpose and shall provide for reasonable public disclosure of finances by 
officials with major decision-making authority over monetary expenditures and contractual 
and regulatory matters and, insofar as permissible under state law, shall provide for fines and 
imprisonment for violations. 

Section 9-2. Prohibitions 

(a) Activities Prohibited - The following activities are prohibited: 

(1) No person shall be appointed to or removed from, or in any way favored or 
discriminated against with respect to a town position or appointive town administrative office 
because of race, gender, age, sexual orientation, disability, religion, country of origin or 
political affiliation; 

(2) No person shall willfully make a false statement, certificate, mark, rating or report 
in regard to a test, certification or appointment under the provisions of this charter or the 
rules and regulations made thereunder or in any manner commit or attempt to commit any 
fraud preventing the impartial execution of the provisions, rules and regulations; 

(3) No person who seeks appointment or promotion with respect to a town position 
or appointive town administrative office shall directly or indirectly give, render or pay any 



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money, service or other valuable thing to a person for or in connection with the applicant or 
employee's, appointment, proposed appointment, promotion or proposed promotion. 

(4) During working hours, no town employee shall knowingly or willfully participate 
in any aspect of a political campaign on behalf of, or opposition to, a candidate for town 
office. This section shall not be construed to limit a person's right to exercise rights as a 
citizen to express opinions or to cast a vote, nor shall it be construed to prohibit a person 
from active participation in political campaigns at any other level of government. 

(b) Penalties - A person found to be in violation of this section shall be ineligible for 
a period 5 years following such conviction to hold a town office or position and, if an officer 
or employee of the town, shall immediately forfeit the employee's office or position. The 
town council shall establish by ordinance such further penalties as it may deem appropriate. 

Section 9-3. Campaign Finance 

(a) Disclosure - The town council shall enact ordinances to protect the ability of town 
residents to be informed of the financing used in support of, or against, campaigns for 
locally-elected office. The terms of the ordinances shall include, but not be limited to, 
requirements upon candidates and candidate committees to report in a timely manner to the 
appropriate town office: contributions received, including the name, address, employer, and 
occupation of each contributor who has contributed $200 or more; expenditures made; and 
obligations entered into by the candidate or candidate committee. In so far as is permissible 
under general or special law, the regulations shall also provide for fines and imprisonment 
for violations. The ordinance shall provide for convenient public disclosure pursuant to 
section 26 of chapter 55 of the General Laws. 

(b) Contribution and Spending Limitations - In order to combat the potential for, and 
appearance of, corruption and to preserve the ability of all qualified citizens to run for public 
office, the town shall, in so far as is permitted by general or special law and federal law, have 
the authority to enact ordinances designed to limit contributions and expenditures by, or on 
behalf of, candidates for locally-elected office. Ordinances under this section may include, 
but are not limited to: limitations on candidate and candidate committees that affect the 
amount, time, place, and source of financial and in-kind contributions; and, voluntary 
limitations on candidate and candidate committee expenditures tied to financial or 
non-financial incentives. 

Section 9-4. Charter Revision or Amendment 

(a) In General - The charter may be replaced, revised or amended in accordance with 
any procedure made available by Article LXXXIX of the Amendments to the Constitution 
and any general or special law enacted to implement the constitutional amendment. 

(b) Periodic Review - Not later than the first day of July, at 6-year intervals, the town 
council shall provide for a review and propose revisions to the town charter. The review 
shall be conducted by a special committee to consist of 7 residents of the town appointed by 
the council president with the approval of the town council. The committee shall file a report 
within the year recommending any changes in the charter which it may deem to be necessary 
or desirable, unless an extension is granted by vote of the town council. 



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Section 9-5. Severability 

The provisions of this charter are severable. If any of the provisions of this charter 
are held to be unconstitutional, or invalid, the remaining provisions of this charter shall not 
be affected thereby. If the application of this charter, or any of its provisions, to any person 
or circumstances is held to be invalid, the application of the charter and its provisions to 
other persons or circumstances shall not be affected thereby. 

Section 9-6. Rules of Interpretation 

The following rules shall apply when interpreting the charter: 

(a) Specific Provisions to Prevail - To the extent that a specific provision of the 
charter shall conflict with any provision expressed in general terms, the specific provision 
shall prevail; 

(b) Number and Gender - Words imparting the singular number may extend and be 
applied to several persons or things, words imparting the plural number may include the 
singular and words imparting the masculine gender shall include the feminine gender; 

(c) References to General Laws - All references to the general or special laws 
contained in the charter refer to the general laws of the commonwealth and are intended to 
include any amendments or revisions to the chapters and sections or to the corresponding 
chapters and sections of any rearrangement of the general laws enacted subsequent to the 
adoption of the charter; and 

(d) Computation of Time - Unless otherwise specified by the General Laws, in 
computing time under the charter, if 7 days or less, only business days, not including 
Saturdays, Sundays or legal holidays shall be counted; if more than 7 days, every day shall 
be counted. 

Section 9-7. Removal of Member of Multiple Member Appointed Bodies 
An official appointed by the town manager to a multiple-member body, may be 
removed from office by the town manager if the official fails to attend regularly scheduled 
meetings for a period of 3 consecutive months without express leave from the chairman of 
the multiple member body, unless the town manager shall determine otherwise. The 
appointed official shall be automatically removed from office if the official is convicted of 
a felony or if the official is absent from the duties for the period of 6 months notwithstanding 
the permission from the council president to be absent. 

A removal shall be accomplished in accordance with the following procedure: 

(1) A written notice of the intent to remove and a statement of the reasons therefore 
shall be delivered by registered mail to the last known address of the appointed official 
sought to be removed. 

(2) Within 14 days of delivery of the notice the appointed official may request a 
public hearing before the appointing authority; 

(3) If the appointed official fails to request a public hearing, then the appointed 
official shall be discharged forthwith; 

(4) The appointed official may be represented by private counsel at the hearing and 
shall be entitled to present evidence, to call witnesses and to examine any witness appearing 



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at the hearing; 

(5) Within 10 days after the public hearing is adjourned, the appointing authority 
may, by a majority vote, remove the appointed official for good cause; 

(6) A notice of a decision to remove the appointed official and the reasons therefore 
shall be delivered by registered mail to the last known address of the appointed official; 

(7) Within 14 days of delivery of the notice, the appointed official may request a 
public hearing before the town council; 

(8) If the appointed official fails to request a public hearing, then the appointed 
official shall be discharged forthwith; 

(9) The appointed official may be represented by private counsel at the hearing and 
shall be entitled to present evidence, to call witnesses and to examine any witness appearing 
at the hearing; and 

(10) Within 10 days after the public hearing is adjourned, the town council may, by 
a two-thirds vote, reinstate the appointed official, but the appointed official shall otherwise 
be removed. 

Nothing is this section shall be construed as granting a right to a hearing when an 
appointed official who has been appointed to a fixed term is not reappointed when the 
appointed official's original term expires. 

Section 9-8. Posting of Public Documents 

The board of selectmen and town manager shall ensure that all pertinent, public town 
documents be posted to the town website. Examples of these documents include, but are not 
limited to, the following: administrative code, audit results, budget, financial management 
policies, ordinances and personnel policies and procedures. 

ARTICLE X - TRANSITIONAL PROVISIONS 

Section 10-1. Continuation of Existing Laws 

All by-laws, resolutions, rules, regulations and votes of the town meeting which are 
in force at the time this charter is adopted, not inconsistent with the provisions of this charter, 
shall continue in full force until amended or repealed. 

Where provisions of this charter conflict with provisions of town by-laws, rules, 
regulations, orders or special acts or acceptances of laws, the charter provisions shall govern. 
All provisions of town by-laws, rules, regulations, orders and special acts not superseded by 
this charter shall remain in force. 

Section 10-2. Existing Officials and Employees 

A person holding a town office or employment under the town, shall retain the office 
or employment and shall continue to perform the duties of the office until provisions shall 
have been made in accordance with this charter for the performance of the duties by another 
person or agency. 

Section 10-3. Continuation of Government 

All town offices, boards, commissions or agencies shall continue to perform their 
duties until re-appointed or re-elected, or until successors to their respective positions are 
fully appointed or elected or until their duties have been transferred and assumed by another 
town office, board, commission or agency. 

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Section 10-4. Transfer of Records and Property 

All records, property and equipment whatsoever of an office, board, commission, 
committee or agency or part thereof, the powers and duties of which are assigned in whole 
or in part to another town office, board, commission or agency, shall be transferred forthwith 
to the office, board, commission or agency. 

Section 10-5. Continuation of Personnel 

A person holding a town office or a position in the administrative service of the town, 
or a person holding full-time employment under the town, shall retain the office, .position or 
employment or be retained in a capacity as similar to their former capacity as it is practical 
to do so. 

The person shall continue to perform the duties of the office, position or employment 
until provisions have been made for the performance of those duties by another person or 
agency; provided, however, that no person in the permanent full-time service of the town 
shall forfeit the person's pay grade or time in service of the town. 

Section 10-6. Effect on Obligations, Taxes, Etc. 

All official bonds, recognizances, obligations, contracts and other instruments entered 
into or executed by or to the town before the adoption of this charter and all taxes, 
assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, 
shall be enforced and collected and all writs, prosecutions, actions and cause of action, 
except as herein otherwise provided, shall continue without abatement and remain unaffected 
by the charter and no legal act done by or in favor of the town shall be rendered invalid by 
reason of the adoption of this charter. 

Section 10-7. Time of Taking Effect 

This charter shall become fully effective upon ratification by the voters as provided 
for by the General Laws, except as provided in this section: 

(a) The election to elect the first town council under this charter shall be scheduled 
as promptly as possible by the board of selectmen then in office, as a special transition 
election, not later than 180 days after adoption of the charter. 

(b) The officials so elected shall take office on the first day in January that does not 
fall on a weekend or holiday, of the year after adoption by the voters of the town. The 
expiration of the initial transitional terms shall be determined by random draw conducted by 
the town clerk at least 35 days before the date of the election subject to the following: 

If the charter is approved by the voters at an annual town election: 

Three council members shall expire at the 2nd anniversary of the approval of the 

charter by the voters; 

Three council members shall expire at the 3rd anniversary of approval of the charter 

by the voters; 

Three council members shall expire at the 4th anniversary of approval of the charter 

by the voters. 

If the charter is approved by the voters at an election other than an annual election: 
Three council members shall expire at the annual town election next prior to the 2nd 

anniversary of approval of the charter by the voters; 

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Three council members shall expire at the annual town election next prior to 3rd 
anniversary of approval of the charter by the voters; 

Three council members shall expire at the annual town election next prior to the 4th 
anniversary of approval of the charter by the voters. 

Section 10-8. Transition from Municipal Administrator to Town Manager 

Upon the effective date of this charter, the person serving in the position of municipal 
administrator shall be deemed the appointed town manager as described in this charter in 
Article 4 to serve for the remaining term of the person's contract with the town. 

Section 10-9. Town Council / Town Manager Transition Duties 

(a) As one of its first priorities during the transition period, the town manager 
working with the town council shall begin development of the administrative code structure, 
which shall describe the details of the departmental organization and associated operating 
rules and regulations. 

A key input source to the creation of the administrative code shall be the final report 
of the town government study committee, published in May 2009. This report shall guide 
the functional re-alignment of all town offices, agencies, boards, and committees, as well as 
any changes to elected or appointed positions, boards or committees. 

(b) The town council shall also begin a review of all town by-laws, to analyze and 
amend as necessary, as a result of charter implementation. 

SECTION 4. Charter for a TOWN MANAGER - SELECTMEN - OPEN TOWN 
MEETING form of government. If the voters of the town of Bridgewater adopt the charter 
for a town manager - selectmen - open town meeting form of government pursuant to 
sections 1 and 2, the following charter shall become effective in accordance with its terms :- 

ARTICLE 1 - INCORPORATION AND AUTHORITY 

Section 1-1. Incorporation 

The inhabitants of the town of Bridgewater, within its territorial limits as now or may 
hereafter be established by law, shall continue to be a body politic and corporate, known as 
the "Town of Bridgewater." 

Section 1-2. Short Title 

This instrument may be cited and shall be known as the Bridgewater home rule 
charter. 

Section 1-3. Division of Powers 

All legislative powers of the town shall be exercised by town meeting. The 
administration of all town fiscal, business and municipal affairs shall be vested in the 
executive branch headed by the town manager and a board of selectmen. 

Section 1-4. Powers of the Town 

The intent and purpose of this charter is to secure for the voters of the town of 
Bridgewater, through the adoption of this charter, all the powers possible to secure for their 
government under Article LXXXIX of the Amendments to the Constitution and laws of the 
commonwealth, as fully and as though each such power were specifically and individually 
enumerated herein. 



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Section 1-5. Interpretation of Powers 

The powers of the town under the charter shall be construed and interpreted liberally 
in favor of the town and the specific mention of any particular power is not intended to limit 
in any way the general powers of the town as stated in section 1-4. 

Section 1-6. Intergovernmental Relations 

The town may enter into agreements with any other unit of government to perform 
jointly or in cooperation, by contract or otherwise, any of its powers or functions. 

Section 1-7. Town Seal and Town Flag 

The town seal and town flag in existence at the time this charter is adopted, unless 
the board of selectmen shall adopt another, shall continue to be the town seal and town flag 
and shall be kept in the custody of the elected town clerk. Papers or documents issued from 
any office or board of the town may be attested by use of the town seal. The town flag shall 
be displayed within the board of selectmen chambers. 

Section 1-8. Ethical Standards 

Elected and appointed officers and employees of the town are expected to 
demonstrate the highest ethical standards, which shall be in compliance with all state and 
federal laws. Elected and appointed officers and employees are expected to recognize that 
they act as agents of the public, that they hold offices or positions for the benefit of the 
public, that the public interest is their primary concern and that they are expected to faithfully 
discharge the duties of their offices or positions regardless of personal considerations. 
Elected officers and employees shall not use their official positions to secure or to grant 
special consideration, treatment, advantage, privilege or exemption to themselves or to any 
other person beyond that which is available to every other person. 

Section 1-9. Definitions 

As used in the charter, the following words shall, unless the context clearly requires 
otherwise, have the following meanings :- 

"Administrative Code", a written description of the administrative organization of 
town offices, departments and multiple member bodies. The administrative code shall state 
the mode of selection, either appointed or elected, term of office and general powers and 
duties of each town office, department and multiple member body consistent with this charter 
and applicable state law. 

"Charter", this charter and any amendments to it made through any methods provided 
under Article LXXXIX of the Amendments to the Constitution. 

"Emergency", a sudden, unexpected, unforeseen happening, occurrence or condition 
which necessitates immediate action. 

"Majority vote", a majority of those present and voting, provided a quorum is present 
when a vote is taken, unless a higher number is required by-law, this charter or by the board 
of selectmen's rules. 

"Measure", an ordinance, order, resolution or other vote or proceeding adopted, or 
which may be adopted by the board of selectmen. 

"Multiple member body", a board, commission or committee. 



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"Town", the body politic and corporate called the town of Bridgewater. 

"Town agency or agency", a board, commission, committee, department or office of 
town government, whether elected, appointed or otherwise constituted. 

"Town officer", an individual who has been elected or appointed to exercise the 
functions of a town office for the benefit of the public. Town officers are distinguishable 
from employees in that they are required to take an oath of office and are appointed or 
elected to specified terms of office. 

"Voters", a registered voter of the town. 

ARTICLE II - LEGISLATIVE BRANCH 

Section 2-1 . Open Town Meeting 

The legislative powers of the town shall continue to be exercised by a town meeting 
open to all registered voters of the town. 

Section 2-2. Presiding Officer 

The moderator, as provided for in Article III, shall preside at all sessions of the town 
meeting using town meeting times, but the moderator shall have no vote unless those voters 
present and voting are equally divided. The moderator shall, at the first session of the town 
meeting following each annual town election, appoint a deputy moderator to serve in the 
event of the moderator's absence or disability, provided that the town meeting ratifies the 
appointment. In the event of the absence or disability of the moderator and deputy 
moderator, the town meeting shall elect from those voters present at the town meeting a 
temporary moderator to act during the absences or disabilities. The moderator shall perform 
the duties as may from time to time be assigned to the office of moderator by by-law, rule 
or other vote of town meeting. 

Section 2-3. Committees 

Subject to the provisions of this charter and to by-laws or other town meeting votes 
regarding committees as may be provided, the town manager with the concurrence of the 
board of selectmen shall appoint for fixed terms the members of the committees of the town 
meeting, special or standing, as may from time to time be established, other than those 
appointed by vote of the town meeting. 

Section 2-4. Annual Town Meeting 

There shall yearly be held an annual town meeting, to transact business relating to the 
prudential affairs of the town, which shall be held on the date fixed in the by-laws of the 
town. 

Section 2-5. Special Town Meetings 

Special town meetings shall be held at the call of the board of selectmen at such times 
as it may deem appropriate and whenever a special town meeting is requested by the voters 
of the town in accordance with procedures made available by any applicable general or 
special law. 

Section 2-6. Clerk of the Meeting 

The elected town clerk shall serve as the clerk of the town meeting. In the event of 



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unavoidable absence, the elected town clerk shall designate a substitute; otherwise, the 
moderator shall appoint a clerk pro tempore, subject to the approval of a majority of the town 
meeting members present. The elected town clerk shall give notice of all meetings to the 
public, keep a journal of its proceedings and perform such other functions as may be 
provided by any general or special law, by the charter, by by-law or by other town meeting 
vote. 

Section 2-7. Warrant Articles 

The board of selectmen shall at all times receive all petitions which are addressed to 
it and which request the insertion of subjects in a warrant for a town meeting and are filed 
by: (1 ) an individual elected town officer; (2) an appointed multiple member body, acting by 
a majority of its members; (3) any 10 voters for a regular town meeting and any 100 voters 
for a special town meeting; or (4) any other person or entity who may be authorized by law. 
All submitted petitions shall be reviewed by the town attorney, to determine whether the 
article as proposed, may lawfully be proposed in its present form or may require amending. 
The original copy of each petition filed hereunder shall be retained by the board of selectmen 
until at least 90 days following the completion of the town meeting at which the petition is 
acted upon. 

Section 2-8. Warrants 

Every town meeting shall be called by a warrant issued by the board of selectmen 
which shall state the date, time and place at which the meeting is to be convened and, by 
separate articles, the subject matter to be acted upon. In addition to any notice required by 
any general or special law, the board of selectmen shall cause the annual and any special 
town meeting warrant to be posted on the official town website at least 14 days before the 
town meeting and make available printed copies of the warrant in the board of selectmen's 
office. The original copies of all warrants for town meeting shall be kept in the office of the 
elected town clerk in a record book maintained for that purpose. 

Section 2-9. Availability of Town Officials at Town Meetings 

Every town officer, or in the case of a multiple member body, a designated 
representative of such multiple member body and every town department head shall attend 
all sessions of the annual town, meeting and any and all special town meetings for the 
purpose of providing the town meeting with information pertinent to matters appearing on 
the warrant, unless deterred for reasonable cause as determined by the town manager. If a 
person described above is so deterred, the person shall designate a designee to attend the 
town meeting in the person's place, and shall notify the town manager of the designee. 

If any person required to attend the sessions of the town meeting under this section 
is not a voter, the person shall, notwithstanding, be entitled to speak in order to provide the 
town meeting with information on pertinent warrant articles. 

ARTICLE III - ELECTED OFFICIALS 

Section 3-1. General Provisions 

The offices to be filled by ballot of the voters of the entire town shall be a board of 
selectmen, moderator, regional school committee members, elected town clerk and board of 



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library trustees and the members of regional authorities or districts as may be established by 
general or special law, intergovernmental agreement or otherwise. 

Any voter shall be eligible to hold any elective town office, but no elected town 
official shall simultaneously hold any other elected or appointed town office or be employed 
by the town or the Bridgewater-Raynham regional school district in any capacity. 

The regular town election of town officers shall be held annually on the Saturday 
preceding the last Monday in April. 

Notwithstanding their election by the voters, the town officers named in this section 
shall be subject to the call of the board of selectmen or of the town manager, at all reasonable 
times, for consultation, conference and discussion on any matter relating to their respective 
offices. 

Section 3-2. Board of Selectmen 

(a) Composition. Election - There shall be a board of selectmen consisting of 5 
members, all elected by and from the voters at large. 

(b) Term of Office - The terms of the members of the board of selectmen shall be 
staggered for 3 years each beginning on the second Monday following election and 
continuing until a successor is qualified. 

(c) Powers and Duties - The executive powers of the town shall be vested in the board 
of selectmen which shall be deemed to be the chief executive office of the town. The board 
of selectmen shall have all of the executive powers it is possible for a board of selectmen to 
have and to exercise. The board of selectmen shall serve as the chief policy-making agency 
of the town. The board of selectmen shall be responsible for the formulation and 
promulgation of policy directives and guidelines to be followed by all town agencies serving 
under it. and in conjunction with other elected town officers and multiple member bodies to 
develop and promulgate policy guidelines designed to bring the operation of all town 
agencies into harmony: provided, however, nothing in this section shall be construed to 
authorize any member of the board of selectmen or a majority of the members, to become 
involved in the day-to-day administration of any town agency. It is the intention of this 
provision that the board of selectmen shall act only through the adoption of broad policy 
guidelines, which are to be implemented by officers and employees serving under it. 

The board of selectmen shall cause the charter, by-laws and rules and regulations for 
the government of the town to be enforced and shall cause an up-to-date record of all its 
official acts to be kept 

The board of selectmen shall appoint a town manager as provided for in .Article IV. 

The board of selectmen may investigate the affairs of the town and the conduct of a 
town agency including any doubtful claims against the town and for this purpose may 
subpoena witnesses, administer oaths, take testimony and require the production of evidence. 
The report of the results of the investigation shall be placed on file in the office of the town 
manager and a report summarizing the results of the investigation shall be printed in the next 
annual town report. 



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The board of selectmen shall be the licensing board of the town and shall have the 
power to issue licenses, to make all necessary rules and regulations regarding the issuance 
of the licenses and to attach conditions and restrictions thereto as it deems to be in the public 
interest. The board of selectmen shall enforce the laws relating to all businesses for which 
it issues licenses. The board of selectmen may delegate the licensing authority unless 
specifically prohibited by any general or special law. 

(d) Filling of Vacancies - Vacancies in the office of selectmen shall be filled by a 
special election in accordance with the provisions of the General Laws. 

(e) Compensation; Expenses - The board of selectmen shall serve without 
compensation. 

Subject to appropriation, members of the board of selectmen shall be entitled to 
reimbursement of their actual and necessary expenses incurred in the performance of their 
duties. 

Section 3-3. Moderator 

(a) Composition, Election - There shall be a moderator elected from the voters of the 
town at large. 

(b) Term of Office - The term of the moderator shall be for a term of 3 years 
beginning on the second Monday following election and continuing until a successor is 
qualified. 

(c) Powers and Duties - The moderator shall preside and regulate the procedure at all 
sessions of the town meeting and shall have all of the powers and duties to which are given 
moderators under the constitution and the General Laws and such additional powers and 
duties as may be authorized by the charter, by by-law or by other vote of the town meeting. 

(d) Vacancy - If a vacancy occurs in the office of moderator, whether by failure to 
elect or otherwise, the board of selectmen shall within 30 days from the date the vacancy is 
declared to exist by the town clerk under section 109 of chapter 41 of the General Laws, act 
to fill the vacancy by appointment. The appointee shall serve for the balance of the 
unexpired term. A person so chosen shall be sworn and commence to serve forthwith. 

Section 3-4. Library Trustees 

(a) Composition, Election - There shall be a board of library trustees composed of 9 
members, all elected by and from the voters of the town at large. 

(b) Term of Office - The terms of library trustee members shall be for 3 years 
beginning on the second Monday following election and continuing until a successor is 
qualified. Terms of office shall be so arranged that the terms of as nearly an equal number 
of members as is possible shall expire at each regular biennial town election. 

(c) Powers and Duties - The library trustees shall insure that members of the 
Bridgewater community have the right and means to free and open access to information and 
ideas. The library protects intellectual freedom, promotes literacy and encourages life-long 
learning. 

(d) Vacancy - If a vacancy occurs in the membership of the board of library trustees 
whether by failure to elect or otherwise, the library trustees shall within 30 days from the date 



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the vacancy is declared to exist by the town clerk under section 109 of chapter 41 of the 
General Laws, act to fill the vacancy by appointment. The appointment is subject to approval 
by the board of selectmen. If the vacancy is not filled within 30 days the appointment will 
defer to the board of selectmen. The appointee shall serve for the balance of the unexpired 
term. A person so chosen shall be sworn and commence to serve forthwith. 
Section 3-5. Town Clerk 

(a) Composition, Election - A town clerk shall be elected by and from the voters at 
large. 

(b) Term of Office - The term of the office of town clerk shall be for 3 years 
beginning on the second Monday following election and continuing until a successor is 
qualified. 

(c) Powers and Duties - The town clerk shall be the keeper of vital statistics of the 
town, the custodian of the town seal and of all records of the town, shall administer the oath 
of office to all town officers, shall issue licenses and permits as may be provided by law and 
shall be responsible for the conduct of elections and all matters relating thereto. The town 
clerk shall have the powers and duties provided that office by any general or special law, the 
charter, ordinance or other town meeting vote. 

ARTICLE IV - TOWN MANAGER 

Section 4-1. Appointment, Qualifications, Term of Office 

The board of selectmen shall appoint by a majority vote of the full board, a town 
manager. The town manager shall be a person of proven administrative ability, especially 
qualified by education and training with prior experience as a city or town manager or an 
assistant city or town manager or the equivalent public or private sector level experience. 
The board of selectmen may from time to time establish additional qualifications as deemed 
necessary and appropriate. The town manager shall devote full time to the duties of the 
office and shall not hold any other elective or appointive office under the town, nor shall the 
town manager engage in any other business unless the business is approved in advance by 
a majority vote in public session of the board of selectmen. The town manager need not be 
a resident of the town, but shall be a United States citizen. 

Section 4-2. Administrative Powers and Duties 

The town manager shall be the chief administrative officer of the town and shall be 
responsible to the board of selectmen for the proper operation of town affairs for which the 
town manager is given responsibility under this charter. The powers, duties and 
responsibilities of the town manager shall apply to all municipal departments, excluding the 
Bridgewater Raynham regional school district. The powers, duties and responsibilities shall 
include, but not be limited to, the following: 

(1) to supervise, direct and be responsible for the efficient administration of all 
officers appointed by the town manager and their respective departments and of all functions 
for which the town manager is given responsibility under this charter, by ordinance or by 
vote of the board of selectmen; 



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(i) With the consent of the board of selectmen, the town manager may serve as the 
head of 1 or more departments, offices, or agencies or may appoint 1 person as the head of 
2 or more of them; 

(2) to administer either directly or through a person or persons supervised by the town 
manager, in accordance with this charter, all provisions of general or special laws applicable 
to the town, all ordinances and all regulations established by the board of selectmen; 

(3) to coordinate all activities of town departments or appointed boards, committees 
or agencies; 

(4) to provide consultative services to elected boards, committees or agencies; 

(5) to attend all regular and special meetings of the board of selectmen, unless 
excused, and to answer all questions addressed to the town manager which are related to 
matters under the general supervision of the town manager; 

(6) to have the right to take part in discussions of the board of selectmen, but shall 
not vote; 

(7) to keep the board of selectmen fully informed as to the needs of the town, and to 
recommend to the board for adoption such measures requiring action by them as the town 
manager deems necessary or expedient; 

(8) to make recommendations to the board of selectmen concerning the affairs of the 
town and facilitate the work of the board of selectmen in developing policy; 

(9) to ensure that complete and full records of the financial and administrative activity 
of the town are maintained and to render reports to the board of selectmen and finance 
committee as may be required; 

(1 0) to be responsible for the rental, use, maintenance and repair of all town facilities; 

(1 1) to be responsible for the purchase of all supplies, materials, and equipment and 
approve the award of all contracts; 

(12) to develop and maintain a full and complete inventory of all town owned real 
and personal property; 

(13) to administer personnel policies, practices, or rules and regulations, 
compensation plan and any related matters for all town employees and to administer all 
collective bargaining agreements, entered into by the town; 

(14) to fix the compensation of all town employees and officers appointed by the 
town manager within the limits established by appropriation and any applicable 
compensation plan; 

(15) to be responsible for the negotiation of all contracts with town employees over 
wages, and other terms and conditions of employment. The town manager may employ 
special counsel to assist in the performance of these duties. If a contract requires an 
appropriation it shall be subject to the approval of the board of selectmen; 

( 1 6) to prepare and submit an annual operating budget, capital improvement program 
and a long term financial forecast as provided in Article VI; 



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(17) to ensure that the chairman of the board of selectmen is kept fully informed of 
and fully involved in the town's emergency preparedness planning and preparation; 

(1 8) to keep the board of selectmen fully informed as to the financial condition of the 
town and to make recommendations to the board of selectmen as the town manager 
determines necessary or expedient; 

(19) to assist the board to develop long term goals for the town and strategies to 
implement these goals; 

(20) to investigate or inquire into the affairs of any town department, agency or 
office; 

(21) to delegate, authorize or direct any subordinate or employee of the town to 
exercise any power, duty or responsibility which the office of town manager is authorized 
to exercise; provided, however, that all acts that are performed under such delegation shall 
be considered to be the acts of the town manager; 

(22) to perform such other duties as necessary or as may be assigned by this charter, 
by ordinance, or by vote of the board of selectmen; 

(23) to provide staff support services for the chairman of the board of selectmen and 
other board of selectmen members; 

(24) to serve as the town's liaison to a regional entity of which the town is a member 
and to explore opportunities for intergovernmental cooperation; 

(25) to promote partnerships among board, staff, citizens and businesses in 
developing public policy and building a sense of community; and 

(26) to hold regular informational sessions with departments and community-based 
organizations. 

Section 4-3. Powers of Appointment 

(a) Department Heads - Except as otherwise provided by this charter, the town 
manager shall appoint, based upon merit and fitness alone, all department heads. All 
appointments of department heads, as defined within the administrative code, shall be subject 
to the ratification of the board of selectmen. The town manager shall also appoint officers, 
subordinates and employees for whom no other method of selection is provided in this 
charter, except employees of the regional school department and persons serving under 
officers elected directly by the voters of the town. In accordance with the procedures set 
forth in Article V, the town manager may be required to consult with, or engage in a joint 
recruitment and selection process with, multiple member bodies, before the appointment of 
department heads or employees who perform tasks under the jurisdiction of the multiple 
member bodies. 

(b) Boards, Committees, and Agencies - Except as otherwise provided by this charter, 
the town manager shall appoint all boards, committees and agencies. Members of all 
appointed boards and committees shall be residents of the town. All appointments of boards, 
committees and agencies, as defined within the administrative code, shall be subject to the 
ratification of the board of selectmen. The town manager shall form a citizen's advisory 
committee to help in evaluating and selecting those individuals for appointment. The num- 



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ber and terms of office of the committee shall be established by ordinance. 

Section 4-4. Powers of Suspension, Removal 

Except as otherwise provided by this charter, the town manager shall have the 
authority to suspend or remove department heads and appointive administrative officers 
provided for by or under this charter, except as otherwise provided by-law, collective 
bargaining agreements, this charter or personnel rules adopted pursuant to this charter. The 
town manager may authorize any administrative officer subject to the town manager's 
direction and supervision to exercise these powers with respect to subordinates in that 
officer's department, office or agency. 

Section 4-5. Compensation 

The town manager shall receive compensation for services as the board of selectmen 
shall determine, but such compensation shall be within the limits of available appropriations. 

Section 4-6. Vacancy in Office 

A vacancy in the office of town manager shall be filled as soon as possible by the 
board of selectmen. Pending appointment of the town manager or the filling of a vacancy, 
the board of selectmen shall forthwith appoint some other qualified person to perform the 
duties of the town manager as acting town manager. The appointment of the acting town 
manager shall be for a term not to exceed 3 months; provided, however, a renewal, not to 
exceed an additional 3 months may be provided. 

Section 4-7. Temporary Absence 

The town manager shall designate by letter filed with the board of selectmen and 
elected town clerk, a qualified officer of the town to perform the duties of the town manager 
during a temporary absence or disability. The board of selectmen may not revoke such 
designation until at least 14 days have elapsed whereupon it may appoint such other person 
to perform the duties of the town manager. In the event of failure of the town manager to 
make the designation or if the person so designated is for any reason unable to serve, or is 
deemed not qualified by the board of selectmen, the board of selectmen may designate some 
other qualified person to perform the duties of the town manager until the town manager 
returns. 

Section 4-8. Removal of Town Manager 

The board of selectmen by affirmative vote of a majority of the full board may vote 
to terminate, remove or suspend the town manager from office in accordance with the 
following procedure: Before removal or termination the board of selectmen shall adopt a 
preliminary resolution of removal by the affirmative vote of a majority of the full board. The 
preliminary resolution may suspend the town manager for a period not to exceed 30 days. 
A copy of the resolution shall be delivered to the town manager forthwith. If so requested 
by the town manager, the board of selectmen shall provide a written statement setting forth 
the reasons for the removal or termination. Within 5 days after the receipt of the preliminary 
resolution, the town manager may request a public hearing by filing a written request for the 
hearing with the board of selectmen. If a hearing is requested, the hearing shall be held at 



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a meeting of the board of selectmen not later than 20 days from the date of request. At the 
hearing the town manager shall be entitled to address the board of selectmen and make 
comments related to the preliminary resolution. If a public hearing has not been requested 
by the town manager, the board of selectmen may adopt a final resolution of removal, which 
may be effective immediately, by the affirmative vote of a majority of the full board at any 
time after 10 days following the date of delivery of a copy of the preliminary resolution to 
the town manager. If the town manager requests a public hearing, the board of selectmen 
may, at the conclusion of the hearing or within 5 days of the conclusion of the hearing, adopt 
a final resolution of removal by an affirmative vote of majority of the full board. The board 
of selectmen may suspend by an affirmative vote of the majority of the full board, the town 
manager pending and during a public hearing as requested by the town manager. The town 
manager shall continue to receive a salary until the final date of removal becomes effective 
unless provided otherwise. The action of the board of selectmen in terminating, removing 
or suspending the town manager shall be final. 

Section 4-9. Annual Review of the Town Manager 

Annually, the board chairman shall cause the board of selectmen to prepare and 
deliver to the town manager a written evaluation of the town manager's performance. The 
evaluation shall be conducted in accordance with any applicable general or special law. 

ARTICLE V - ADMINISTRATIVE ORGANIZATION 

Section 5-1. Organization of Town Agencies; Adoption of Administrative Code 

The organization of the town into operating agencies for the provision of services and 
the administration of government may, under charter powers granted in section 20 of chapter 
43 B of the General Laws, be accomplished through either of 2 methods provided in this 
section. For the convenience of the public, the administrative code and any amendments 
thereto shall be printed as an appendix to, but not an integral part, of the ordinances of the 
town. 

(a) Ordinance - Subject only to the express prohibitions in any general or special law 
or the provisions of this charter, the board of selectmen may, by ordinance, reorganize, 
consolidate, create, merge, divide or abolish any town agency, in whole or in part, establish 
new town agencies as it deems necessary or advisable, determine the manner of selection, 
the term of office and prescribe the functions of all such agencies. 

(b) Executive Reorganizations - The town manager may from time to time prepare 
and submit to the board of selectmen plans of organization or reorganization which establish 
operating divisions for the orderly, efficient or convenient conduct of business of the town. 
Whenever the town manager prepares such plan, the town manager shall hold 1 or more 
public hearings on the proposal giving notice by publication in a local newspaper, which 
notice shall describe the scope of the proposal and the time and place at which the public 
hearing will be held, not less than 7 nor more than 14 days following the date of the 
publication. Following the public hearing, the proposal, which may have been amended by 
the town manager subsequent to the public hearing, shall be submitted to the board of 
selectmen. An organization or reorganization plan shall become effective at the expiration 



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of the 60 days following the date of submission of such proposal to the board of selectmen 
unless the board of selectmen votes, by a majority vote, to disapprove the plan. The board 
of selectmen may vote only to approve or disapprove the plan and no vote to amend or alter 
it shall be deemed in order. The town manager may propose reorganization plans and subject 
only to express prohibitions in any general or special law or this charter, reorganize, 
consolidate or abolish in whole or in part town agencies, or establish such new town agencies 
as is deemed necessary to the same extent as is provided in subsection (a), for ordinances and 
for such purpose may transfer the duties and powers and so far as is consistent with the use 
for which the funds were voted by the board, transfer the appropriation of 1 town agency to 
another. Whenever a reorganization proposal becomes effective, whether under the 
provisions of subsections (a) or (b), no proposal to again reorganize which deals with 
substantially the same subject matter shall be acted upon within 1 8 months following the first 
reorganization, except on the petition of the town manager. 

Section 5-2. Personnel Administration 

The town manager shall adopt rules and regulations establishing a personnel system. 
The personnel system shall make use of modern concepts of personnel management and may 
include, but not be limited to, the following elements: 

^1) a method of administration; 

(2) personnel policies indicating the rights, obligations and benefits of employees; 

(3) a classification plan; 

(4) a compensation plan; 
(3) a method of recruiting and selecting employees based upon merit principles; 

(6) a centralized record keeping system; 

[7) a merit based performance evaluation system; 

[8) disciplinary procedures; and 

(9) other elements that are determined necessary. 

All town agencies and positions shall be subject to the rules and regulations adopted 
under this section excluding employees of the regional school department. 

Department heads shall have the authority to appoint, suspend and remove based 
upon merit and fitness alone, all department subordinates and employees, except as otherwise 
provided by law, collective bargaining agreements, this charter or personnel rules adopted 
pursuant to this charter. Employees of the regional school department and persons serving 
under officers elected directly by the voters of town are excluded. 

Section 5-3. Town Attorney 

(a) Appointment - There shall be a legal officer of the town appointed by the town 
manager subject to confirmation by the board of selectmen. 

(b) Role - The legal officer shall serve as chief legal adviser to the board, the town 
manager and all town departments, offices and agencies shall represent the town in all legal 
proceedings and shall perform any other duties prescribed by any general or special law, by 
this charter or by ordinance. 

ARTICLE VI - FINANCIAL MANAGEMENT 
Section 6-1. Annual Budget Policy 

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The chairman of the board of selectmen shall call a joint meeting of the board of 
selectmen, the regional school committee chairman or the chairman's designee, the finance 
committee, the town manager and any other committee established for said purposes, before 
the commencement of the budget process to review the financial condition of the town, 
revenue and expenditure forecasts and other relevant information in order to develop a 
coordinated budget. 

The fiscal year of the town shall begin on the first day of July and end on the last day 
of June. 

Section 6-2. Submission of Budget; Budget Message 

Within the period prescribed by the General Laws and the regional school district 
agreement, the town manager shall submit to the board of selectmen a proposed operating 
budget for all town agencies. The budget message submitted by the town manager shall 
explain the budget in fiscal terms and in terms of work programs for all town agencies. It 
shall outline the proposed fiscal policies of the town for the ensuing fiscal year; describe 
important features of the proposed budget and indicate any major variations from the current 
budget, fiscal policies, expenditures and revenues together with reasons for the change. The 
proposed budget shall provide a complete fiscal plan of all town funds and activities and 
shall be in the form the town manager deems desirable. 

The regional school district proposed budget, as adopted by the school committee for 
the ensuing fiscal year, with an accompanying budget message and supporting documents 
shall be presented to the board of selectmen by the town manager. 

On a date as determined from time to time by ordinance, but not later than February 
1st of each year, the town manager shall submit to the board of selectmen a preliminary 
budget for the ensuing fiscal year and an accompanying message. The final budget should 
be submitted by the first board meeting in April, unless the town manager requests an 
extension of time. The extension may be granted at the discretion of the board of selectmen, 
but shall provide for a reasonable and timely review of the proposed budget. 

(a) Budget - The budget shall provide a complete financial plan of all town funds and 
activities for the ensuing fiscal year and, except as required by-law or this charter, shall be 
in the form the town manager deems desirable or the board of selectmen may require for 
effective management and an understanding of the relationship between the budget and the 
town's strategic goals. The budget shall be realistic, based on a forecast of those scenarios 
most likely to occur in the coming year. 

The budget shall begin with a clear general summary of its contents, shall show in 
detail all estimated income, indicating the proposed property tax levy and all proposed 
expenditures, including debt service, for the ensuing fiscal year and shall be so arranged as 
to show comparative figures for actual and estimated income and expenditures of the current 
fiscal year and actual income and expenditures of the preceding fiscal year. It shall indicate 
in separate sections: 

(1) The proposed goals and expenditures for current operations during the ensuing 
fiscal year, detailed for each fund by department or by other organization unit, and program, 



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purpose or activity, method of financing such expenditures and methods to measure 
outcomes and performance related to the goals; 

(2) Proposed longer-term goals and capital expenditures during the ensuing fiscal 
year, detailed for each fund by department or by other organization unit when practical, the 
proposed method of financing each capital expenditure and methods to measure outcomes 
and performance related to the goals; and 

(3) The proposed goals, anticipated income and expense, profit and loss for the 
ensuing year for each utility or other enterprise fund or internal service fund operated by the 
town and methods to measure outcomes and performance related to the goals. For any fund, 
the total of proposed expenditures shall not exceed the total of estimated income plus carried 
forward fund balance exclusive of reserves. 

(b) Budget Message - The town manager's message shall explain the budget both in 
fiscal terms and in terms of the work programs, linking those programs to organizational 
goals and community priorities. It shall outline the proposed financial policies of the town 
for the ensuing fiscal year and the impact of those policies on future years. It shall describe 
the important features of the budget, indicate any major changes from the current year in 
financial policies, expenditures, and revenues together with the reasons for such changes, 
summarize the town's debt position, including factors affecting the ability to raise resources 
through debt issues and include such other material as the town manager deems desirable. 

Section 6-3. Action of the Budget 

(a) Public Hearing - The board of selectmen shall publish in a newspaper of general 
circulation in the town, a summary of the proposed operating budget as submitted by the 
town manager by a notice stating: (1) the times and places where copies of the entire 
proposed budget are available for inspection by the public; and (2) the date, time and place 
not less than 14 days after the publication, when a public hearing on the proposed budget 
shall be held by the board of selectmen. For the purpose of this section, the summary of the 
proposed operating budget that is required to be published shall contain proposed 
appropriations, funding sources and any narrative summary deemed necessary by the board 
of selectmen. The proposed budget shall be published on the town's website not less than 
14 days before the date of the public hearing. 

(b) Adoption of the Budget - Town meeting shall adopt the budget, with or without 
amendments, at the annual town meeting. In amending the budget, town meeting may delete 
or decrease any programs or amounts except expenditures required by-law or for debt 
service. Town meeting shall not increase any line item without a corresponding decrease in 
an identified line item and the total proposed budget may not be increased from what was 
proposed unless otherwise authorized by the laws. If town meeting fails to take action with 
respect to any item in the budget within 45 days after the annual town meeting, the amount 
shall, without any action by town meeting become a part of the appropriations for the year 
and be available for the purposes specified. The adopted budget will be published on the 
town's website not less than 14 days after adoption. 



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(c) Budget to Actual Assessments - The town manager shall conduct a mid-year 
budget to actual comparison, showing significant variances, for review and presentation to 
the public. The mid-year assessment will be published on the town's website not less than 
14 days after review with the public. 

Section 6-4. Supplementary Budgets and Appropriations 

Whenever the town manager submits to the board of selectmen a request for an 
appropriation of a sum of money, whether as a supplement to the annual operating budget 
or for an item not included therein, the board of selectmen shall not act upon the request until 
it has given notice by publication in a local newspaper of the request and held a public 
hearing concerning the request. The publication and the public hearing shall be in 
conformity with subsection (a) of section 6-3 concerning the proposed annual operating 
budget. 

(a) Supplemental Appropriations - If during or before the fiscal year begins, the town 
manager certifies that there are available for appropriation, revenues in excess of those 
estimated in the budget, town meeting by ordinance may make supplemental appropriations 
for the year up to the amount of the excess. 

(b) Emergency Appropriations - To address a public emergency affecting life, health, 
property or the public peace, the board of selectmen may make emergency appropriations. 
The appropriations may be made by emergency ordinance in accordance with the provisions 
of Article VII. To the extent that there are no available unappropriated revenues or a 
sufficient fund balance to meet the appropriations, the board of selectmen may by emergency 
ordinance authorize the issuance of emergency notes, which may be renewed from time to 
time, but the emergency notes and renewals of any fiscal year shall be paid or refinanced as 
long-term debt not later than the last day of the fiscal year next succeeding that in which the 
emergency appropriation was made. 

(c) Reduction of Appropriations - If at any time during the fiscal year it appears 
probable to the town manager that the revenues or fund balances available will be 
insufficient to finance the expenditures for which appropriations have been authorized, the 
town manager shall report to the board of selectmen without delay, indicating the estimated 
amount of the deficit, any remedial action taken by the town manager and recommendations 
as to any other steps to be taken. The board shall then take such further action as it deems 
necessary to prevent or reduce any deficit and for that purpose it may by ordinance reduce 
or eliminate 1 or more appropriations. 

(d) Transfer of Appropriations - At any time during or before the fiscal year, the town 
manager, with concurrence from the finance committee and the board of selectmen, may 
transfer up to a maximum of $25,000 of the unencumbered appropriation balance from 1 
department, fund, service, strategy or organizational unit to the appropriation for other 
departments or organizational units or a new appropriation and shall report the transfers to 
the board of selectmen in writing within a 1 4-day period. The town manager may also, with 
concurrence from the finance committee and board of selectmen, transfer funds among line 
items within a department, fund, service, strategy or organizational unit and shall report the 



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transfers to the board of selectmen in writing within a 14-day period. 

(e) Limitation; Effective Date - No appropriation for debt service may be reduced or 
transferred, except to the extent that the debt is refinanced and less debt service is required, 
and no appropriation may be reduced below an amount required by-law to be appropriated 
or by more than the amount of the unencumbered balance thereof. The supplemental and 
emergency appropriations and reduction or transfer of appropriations authorized by this 
section may be made effective immediately upon adoption. 

Section 6-5. Administration and Fiduciary Oversight of the Budget 

The board of selectmen shall provide by ordinance the procedures for administration 
and fiduciary oversight of the budget. 

Section 6-6. Capital Improvements Program 

(a) Preparation - The town manager shall, in conjunction with any committee 
established for the purpose, annually submit a 5 -year capital improvement program to the 
board of selectmen at least 30 days before the date for submission of the operating budget, 
unless some other time is provided by ordinance. 

(b) Contents - The capital program shall include: 

(1) A clear general summary of its contents; 

(2) Identification of the long-term goals of the community; 

(3) A list of all capital improvements and other capital expenditures which are 
proposed to be undertaken during the fiscal years next ensuing, with appropriate supporting 
information as to the necessity for each; 

(4) Cost estimates and recommended time schedules for each improvement or other 
capital expenditure; 

(5) Method of financing upon which each capital expenditure is to be reliant; 

(6) The estimated annual cost of operating and maintaining the facilities to be 
constructed or acquired; 

(7) A commentary on how the plan addresses the sustainability of the community and 
the region of which it is a part; and 

(8) Methods to measure outcomes and performance of the capital plan related to the 
long-term goals of the community. 

The above shall be revised and extended each year with regard to capital 
improvements still pending or in process of construction or acquisition. 

(c) Public Hearing - The board of selectmen shall publish in a newspaper of general 
circulation in the town a summary of the proposed capital improvement plan as submitted 
by the town manager by a notice stating: (1) the times and places where copies of the entire 
proposed capital improvement plan are available for inspection by the public; and (2) the 
date, time and place not less than 14 days after the publication, when a public hearing on the 
proposed capital improvement plan is be held by the board of selectmen. The proposed 
capital improvement plan shall be published on the town's website not less than 14 days 
before the date of the public hearing. 



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(d) Adoption of the Capital Improvement Program - Town meeting shall adopt the 
capital improvement plan, with or without amendments, at the annual town meeting; 
provided, however that each amendment must be voted separately and that any increase in 
the capital improvement plan as submitted must clearly identify and approve the method of 
financing proposed to accomplish the increase. The proposed capital improvement plan shall 
be published on the town's website upon adoption. 

Section 6-7. Long-Term Financial Forecast 

(a) The town manager shall annually prepare a 5-year financial forecast of town 
revenue, expenditures and the general financial condition of the town. The forecast shall 
include, but not be limited to: an identification of factors which will impact on the financial 
condition of the town; revenue and expenditure trends; potential sources of new or expanded 
revenues; and any long or short-term actions which may be taken that may enhance the 
financial condition of the town. The forecast shall be submitted to the board of selectmen 
and finance committee and shall be available to the public for inspection. The long-term 
financial forecast shall be published on the town's website and when updates occur, they 
shall be posted in a timely manner. 

Section 6-8. Annual Independent Audit 

The board of selectmen shall provide for an independent annual audit of all town 
accounts and may provide for more frequent audits as it deems necessary. An independent 
certified public accountant or firm of accountants shall make the audits. The audits should 
be performed in accordance with generally-accepted auditing standards and generally- 
accepted governmental auditing standards. 

The board of selectmen shall designate not fewer than 3 of its members to serve as 
an audit committee. This audit committee shall: 

(1) Lead the process of selecting an independent auditor; 

(2) Direct the work of the independent auditor as to the scope of the annual audit and 
any matters of concern with respect to internal controls; and 

(3) Receive the report of the internal auditor and present that report to the board with 
any recommendations from the audit committee. 

The board of selectmen shall, using competitive bidding, designate an accountant or 
firm annually, or for a period not exceeding 5 years, but the designation for a particular fiscal 
year shall be made not later than 30 days after the beginning of the fiscal year. The standard 
for independence is that the auditor must be capable of exercising objective and impartial 
judgment on all issues encompassed within the audit engagement. No accountant or firm 
may provide other services to the town during the time it is retained to provide independent 
audits to the town. The board of selectmen may waive this requirement by a majority vote 
at a public hearing. If the commonwealth makes such an audit, the board may accept it as 
satisfying the requirements of this section. 

Section 6-9. Financial Committee 

(a) There shall be a finance committee consisting of 9 members, appointed each for 
a 3-year staggered term, the members of which shall be appointed as follows: 3 members by 



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the town manager; 3 members by the board of selectmen; and 3 members by the town 
moderator. The finance committee shall report its recommendations on finance related 
articles contained in a town meeting warrant, in writing, at least 10 days before a scheduled 
town meeting. Before preparing its recommendations, the finance committee shall hold 1 
or more meetings to permit discussion of the subject matter of all finance articles contained 
in the warrant, except those articles subject to public hearings by other multiple-member 
town bodies and not containing appropriations. The finance committee shall have such 
additional powers and duties as may be provided by the General Laws, by this charter or by 
by-law. 

(b) The finance committee, town accountant and town treasurer-collector shall 
support the overall budget process. The town accountant and treasurer-collector shall have 
ex-officio membership, without voting rights on the committee. The finance committee shall 
carry out its duties in accordance with the provisions of the General Laws, this charter and 
by-law and it shall have regular and free access and inspection rights to all books and 
accounts of all town departments or offices. The committee shall carefully examine all 
budget and appropriations proposals and shall issue its review thereon before consideration, 
debate and vote by the board of selectmen. 

Section 6-10. Financial Management Standards 

The board of selectmen may by ordinance establish reasonable standards relating to 
the management of financial systems and practices. Any standards adopted shall conform 
to modern concepts of financial management. 

Section 6-11. Public Records 

Copies of the budget, capital program, independent audits and appropriation and 
revenue ordinances shall be public records and shall be published on the town's website. 

ARTICLE VII - ELECTIONS AND RELATED MATTERS 

Section 7-1 . Town Elections 

The regular town election of town officers shall be held annually on the Saturday 
preceding the last Monday in April. 

Section 7-2. Non-Partisan Elections 

All elections for town offices shall be non-partisan and election ballots shall be 
printed without any party mark, emblem or other designation whatsoever. 

Section 7-3. Signature Requirements; Information to Voters; Ballot Position 

(a) Signature Requirements - The number of signatures of voters required to place the 
name of a candidate on the official ballot to be used at an election shall be as follows: For 
an office which is to be filled by the voters of the whole town, not less than 1 50; and for an 
office which is to be filled by the voters of a precinct, not less than 100 from such precinct. 

(b) Information to Voters - If the candidate in a regular town election is an incumbent 
elected by the voters to the office to which the candidate seeks election, against the 
candidate's name shall appear the phrase "candidate for re-election." 

(c) Ballot Position - The order in which names of candidates appear on the ballot for 
each office in a regular town election shall be determined by a drawing by lot conducted by 



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the elected town clerk. At least 34 days before the date of the election, the town clerk shall 
post in a conspicuous place in the town hall the names and residences of the candidates for 
election who have duly qualified as candidates for election. The order of the names as to 
appear on the ballot shall be drawn by the town clerk. In drawing by lot for position on the 
ballot the candidates shall have an opportunity to be present in person or by one 
representative each. 

Section 7-4. Districts 

The territory of the town shall be divided into 7 districts so established as to consist 
of as nearly an equal number of inhabitants as it is possible to achieve based on compact and 
contiguous territory, bounded insofar as possible by the center line of known streets or ways 
or by other well defined limits. Each district shall be composed of 1 or more voting precincts 
established in accordance with the General Laws. The board of selectmen shall from time 
to time, but at least once in each 10 years, review the districts to insure their uniformity in 
number of inhabitants. 

Section 7-5. Application of State Laws 

Except as expressly provided in the charter and authorized by statute, all town 
elections shall be governed by federal, state and local laws relating to the right to vote, the 
registration of voters, the nomination of candidates, the conduct of elections, the submission 
of charter amendments and other propositions, the counting of votes and the declaration of 
results. 

ARTICLE VIII - CITIZEN PARTICIPATION MECHANISMS 

Section 8-1. Citizen Initiative Measures 

(a) Commencement - Initiative procedures shall be started by the filing of a proposed 
initiative petition with the elected town clerk. The petition shall be addressed to the board 
of selectmen, shall contain a request for the passage of a particular measure which shall be 
set forth in full in the petition and shall be signed by at least 50 voters. The petition shall be 
accompanied by an affidavit signed by 1 voters and shall contain their residential addresses 
stating they shall constitute the petitioners' committee and be responsible for circulating the 
petition and filing it in proper form. The person whose signature appears first on the 
affidavit accompanying the petition shall be designated as clerk. 

(b) Referral to Town Attorney - The elected town clerk shall, forthwith following 
receipt of each proposed petition, deliver a copy of the petition to the town attorney. The 
town attorney shall, within 15 days following receipt of a copy of the petition, in writing, 
advise the elected town clerk whether the measure, as proposed, may lawfully be proposed 
by the initiative process and whether, in its present form, it may be lawfully adopted by the 
board of selectmen. If the opinion of the town attorney is that the measure is not in proper 
form, the reply shall state the reasons for the opinion, in full. A copy of the opinion of the 
town attorney shall also be mailed by the elected town clerk to the clerk of the petitioners' 
committee. 

(c) Submission to elected Town Clerk - If the opinion of the town attorney is that the 



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petition is in a proper form, the elected town clerk shall provide blank forms for the use of 
subsequent signers and shall print at the top of each blank a fair, concise summary of the 
proposed measure, as determined by the town attorney, together with the names and 
addresses of the first 1 voters who signed the originating petition. Within 1 days following 
the date the blank forms are issued by the elected town clerk, the petitions shall be returned 
and filed with the elected town clerk signed by at least 10 per cent of the total number of 
voters as of the date of the most recent town election. Signatures to an initiative petition 
need not all be on 1 paper, but all such papers pertaining to any 1 measure shall be fastened 
together and shall be filed as a single instrument, with the endorsement thereon of the name 
and residence address of the person designated as filing the same. With each signature on 
the petition there shall also appear the street and number of the residence of each signer. 
Within 10 days following the filing of the petition the board of registrars of voters shall 
ascertain by what number of voters the petition has been signed and what percentage that 
number is of the total number of voters as of the date of the most recent town election and 
shall return the petition along with a certificate showing the results of the examination of the 
registrars of voters to the elected town clerk. A copy of the certificate of the board of 
registrars of voters shall be mailed to the person designated as clerk of the petitioners' 
committee. 

(d) Action on Petitions - Within 30 days following the date a petition has been 
returned to the elected town clerk, and after publication in accordance with the provisions 
of this section, the board of selectmen may pass the measure without alteration, subject to 
the referendum vote provided by this charter or, the board of selectmen shall call a special 
election to be held on a date fixed by it not less than 35 nor more than 60 days after the date 
of the certificate hereinbefore mentioned, and shall submit the proposed measure without 
alteration to a vote of the voters of the town at that election; provided, however, that if a 
town election is otherwise to occur within 120 days after the date of the certificate, the board 
of selectmen may, at its discretion, omit the calling of a special election and submit the 
proposed measure to the voters at the approaching election. The ballots used when voting 
upon a proposed measure under this section shall state the nature of the measure in terms 
sufficient to show the substance thereof as set forth in subsection (f). 

(e) Publication - The full text of an initiative measure which is submitted to the voters 
shall be published in a local newspaper and on the town's website not less than 7 nor more 
than 14 days preceding the date of the election at which the question is to be voted upon. 
Additional copies of the full text shall be available for distribution to the public in the office 
of the elected town clerk and on the town's website. 

(f) Form of Question - The ballots used when voting on a measure proposed by the 
voters under this section shall contain a question in substantially the following form: 

Shall the following measure which was proposed by an initiative petition take effect? 
(Here insert a fair, concise summary prepared and approved by the town attorney.) 
YES NO 



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(g) Time of Taking Effect - If a majority of the votes cast on the question is in the 
affirmative, the measure shall be deemed to be effective forthwith, unless a later date is 
specified in the measure. 

Section 8-2. Citizen Referendum Procedures; Referendum Petition; Effect on Final 
Passage 

If within 10 days after the final passage of a measure, a petition signed by voters 
equal in number to at least 5 per cent of the total number of voters and addressed to the board 
of selectmen, protesting against the measure or any part thereof taking effect, is filed with 
the elected town clerk, the same shall thereupon and thereby be suspended from taking effect 
and the board of selectmen shall immediately reconsider the measure or part thereof and if 
the measure or part thereof is not entirely rescinded, the board of selectmen shall submit the 
same to a vote of the voters either at the next regular town election or at a special election 
which may, in the board of selectmen's discretion, be called for the purpose and the measure 
or part thereof shall forthwith become null and void unless a majority of the voters voting 
on the same at the election vote in favor thereof. 

Section 8-3. Required Voter Participation 

For any measure to be effective under initiative procedure and for any measure to be 
declared null and void under any referendum procedure, at least 20 per cent of the voters 
shall vote at an election upon which an initiative or referendum question is submitted to the 
voters. 

Section 8-4. Measures Not Subject to Initiative and Referendum 

Measures which include the following subject matter shall not be subject to initiative 
and referendum procedures: 

(1) revenue loan orders; 

(2) appropriations for the payment of debt or debt service; 

(3) internal operational procedures of the board of selectmen; 

(4) emergency measures; 

(5) the town budget as a whole or the school committee budget as a whole; 

(6) appropriation of funds to implement a collective bargaining agreement; 

(7) procedures relating to election, appointment, removal, discharge or other 
personnel action; and 

(8) proceedings providing for the submission or referral of a matter to the voters at 
an election. 

Section 8-5. Submission of Proposed Measure to Voters 

The board of selectmen may, of its own motion, submit a proposed measure or a 
proposition for the repeal or amendment of a measure, to a vote of the voters for adoption 
or rejection at a general or special town election. The board shall also allow for the 
submissions upon request of the regional school committee if a measure originates with that 
committee and pertains to the affairs under its administration. Any action of the board of 
selectmen shall have the same force and effect as are provided herein for submission of the 
measures on petition by the voters. 

Section 8-6. Measures with Conflicting Provisions 

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If 2 or more proposed measures passed at the same election contain conflicting 
provisions, only the 1 receiving the greater number of affirmative votes shall take effect. 
Section 8-7. Free Petition 

(a) Individual Petitions, Action Discretionary - The board of selectmen shall receive 
all petitions which are addressed to them and signed by a voter, as certified by the town 
board of registrars of voters, or its successor, and may, at their discretion, take action with 
regard to petitions as they deem necessary and appropriate. 

(b) Group Petitions; Action Required - The board of selectmen shall hold a public 
hearing and act by taking a vote on the merits of every petition which is addressed to it and 
which is signed by at least 1 50 voters, as certified by the town board of registrars of voters, 
or its successor. The hearing shall be held by the board of selectmen or by a committee or 
subcommittee thereof and the action by the board of selectmen shall be taken not later than 
2 months after the petition is filed with the elected town clerk. Hearings on 2 or more 
petitions filed under this section may be held at the same time and place. The elected town 
clerk shall mail notice of the hearing to the 1 petitioners whose names first appear on each 
petition at least 7 days before the hearing. Notice by publication at least 7 days before all 
hearings shall also be made and shall be at public expense. No hearing shall be heard upon 
any 1 subject more than once in any given 1 2 month period. All papers with signatures shall 
be filed in the office of elected town clerk as 1 instrument on 1 date and time. 

ARTICLE IX - GENERAL PROVISIONS 

Section 9-1. Conflicts of Interest 

(a) Conflicts of Interest - The use of public office for private gain is prohibited. The 
board of selectmen shall implement this prohibition by ordinance, the terms of which shall 
include, but not be limited to: acting in an official capacity on matters in which the official 
has a private financial interest clearly separate from that of the general public; the acceptance 
of gifts and other things of value; acting in a private capacity on matters dealt with as a 
public official; the use of confidential information; and appearances by town officials before 
other town agencies on behalf of private interests. This ordinance shall include a statement 
of purpose and shall provide for reasonable public disclosure of finances by officials with 
major decision-making authority over monetary expenditures and contractual and regulatory 
matters and, insofar as permissible under any general or special law, shall provide for fines 
and imprisonment for violations. 

Section 9-2. Prohibitions. 

(a) Activities Prohibited - The following activities are prohibited: 

(1) No person shall be appointed to or removed from, or in any way favored or 
discriminated against with respect to a town position or appointive town administrative office 
because of race, gender, age, sexual orientation, disability, religion, country of origin or 
political affiliation. 

(2) No person shall willfully make a false statement, certificate, mark, rating or report 
in regard to a test, certification or appointment under the provisions of this charter or the 
rules and regulations made there under, or in any manner commit or attempt to commit fraud 



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preventing the impartial execution of the provisions, rules and regulations. 

(3) No person who seeks appointment or promotion with respect to a town position 
or appointive town administrative office shall directly or indirectly give, render or pay 
money, service or other valuable thing to a person for or in connection with his test, 
appointment, proposed appointment, promotion or proposed promotion. 

(4) During working hours, no town employee shall knowingly or willfully participate 
in any aspect of a political campaign on behalf of or opposition to a candidate for town 
office. This section shall not be construed to limit a person's right to exercise rights as a 
citizen to express opinions or to cast a vote, nor shall it be construed to prohibit a person 
from active participation in political campaigns at any other level of government. 

(b) Penalties - A person found to be in of a violation of this section shall be ineligible 
for a period of 5 years following the conviction to hold a town office or position and, if an 
officer or employee of the town, shall immediately forfeit the person's office or position. 
The board of selectmen may establish by ordinance further penalties as it may deem 
appropriate. 

Section 9-3. Campaign Finance 

(a) Disclosure - The board of selectmen shall enact ordinances to protect the ability 
of town residents to be informed of the financing used in support of, or against, campaigns 
for locally elected office. The terms of the ordinances shall include, but not be limited to: 
requirements upon candidates and candidate committees to report in a timely manner to the 
appropriate town office; contributions received, including the name, address, employer and 
occupation of each contributor who has contributed $200 or more; expenditures made; and 
obligations entered into by the candidate or candidate committee. In so far as is permissible 
under any general or special laws, the regulations shall also provide for fines and 
imprisonment for violations. The ordinance shall provide for convenient public disclosure 
pursuant to section 26 of chapter 55 of the General Laws. 

(b) Contribution and Spending Limitations - In order to combat the potential for, and 
appearance of, corruption, and to preserve the ability of all qualified citizens to run for public 
office, the town shall, in so far as is permitted by state and federal law, have the authority to 
enact ordinances designed to limit contributions and expenditures by, or on behalf of, 
candidates for locally elected office. Ordinances under this section may include, but are not 
limited to: limitations on candidate and candidate committees that affect the amount, time, 
place and source of financial and in-kind contributions; and voluntary limitations on 
candidate and candidate committee expenditures tied to financial or non-financial incentives. 

Section 9-4. Charter Revision or Amendment 

(a) In General - The charter may be replaced, revised or amended in accordance with 
any procedure made available by Article LXXXIX of the Amendments to the Constitution 
and any general or special laws enacted to implement the constitutional amendment. 

(b) Periodic Review - No later than the first day of July, at 6-year intervals, the board 
of selectmen shall provide for a review and propose revisions to the town charter. The re- 
view shall be conducted by a special committee to consist of 7 residents of the town appoint- 



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ed by the chairman of the board of selectmen with the approval of the board of selectmen. 
The committee shall file a report within the year recommending any changes in the charter 
which it may deem to be necessary or desirable, unless an extension is granted by vote of the 
board of selectmen. 

Section 9-5. Severability 

The provisions of this charter are severable. If any of the provisions of this charter 
are held to be unconstitutional, or invalid, the remaining provisions of this charter shall not 
be affected thereby. If the application of this charter, or any of its provisions, to any person 
or circumstances is held to be invalid, the application of the charter and its provisions to 
other persons or circumstances shall not be affected thereby. 

Section 9-6. Rules of Interpretation 

The following rules shall apply when interpreting the charter: 

(a) Specific Provisions to Prevail - To the extent that a specific provision of the 
charter shall conflict with any provision expressed in general terms, the specific provision 
shall prevail. 

(b) Number and Gender - Words imparting the singular number may extend and be 
applied to several persons or things, words imparting the plural number may include the 
singular and words imparting the masculine gender shall include the feminine gender. 

(c) References to General Laws - All references to the General Laws or the laws of 
the Commonwealth contained in the charter refer to the General Laws of the commonwealth 
of Massachusetts and are intended to include any amendments or revisions to the chapters 
and sections or to the corresponding chapters and sections of any rearrangement of the 
General Laws enacted subsequent to the adoption of the charter. 

(d) Computation of Time - Unless otherwise specified by the General Laws, in 
computing time under the charter, if 7 days or less, only business days, not including 
Saturdays, Sundays, or legal holidays shall be counted and if more than 7 days, every day 
shall be counted. 

Section 9-7. Removal of Member of Multiple Member Bodies 
Any official appointed by the town manager to a multiple-member body, may be 
removed from office by the town manager if the appointed official fails to attend regularly 
scheduled meetings for a period of 3 consecutive months without express leave from the 
chairman of the multiple member body, unless the town manager shall determine otherwise. 
The appointed official shall be automatically removed from office if the appointed official 
is convicted of a felony or if the appointed official is absent from the duties for the period 
of 6 months notwithstanding the permission from the chairman of the board of selectmen to 
be absent. 

A removal shall be accomplished in accordance with the following procedure: 

(1) A written notice of the intent to remove and a statement of the reasons therefore 
shall be delivered by registered mail to the last known address of the appointed official 
sought to be removed; 

(2) Within 14 days of delivery of the notice the appointed official may request a 
public hearing before the appointing authority; 

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(3) If the appointed official fails to request a public hearing, then the appointed 
official shall be discharged forthwith; 

(4) The appointed official may be represented by private counsel at the hearing and 
shall be entitled to present evidence, to call witnesses and to examine any witness appearing 
at the hearing; 

(5) Within 10 days after the public hearing is adjourned, the appointing authority 
may, by a majority vote, remove the appointed official for good cause; 

(6) A notice of a decision to remove the member and the reasons therefore shall be 
delivered by registered mail to the last known address of the appointed official; 

(7) Within 14 days of delivery of the notice, the appointed official may request a 
public hearing before the board of selectmen; 

(8) If the appointed official fails to request a public hearing, then the appointed 
official shall be discharged forthwith; 

(9) The appointed official may be represented by private counsel at the hearing and 
shall be entitled to present evidence, to call witnesses and to examine any witness appearing 
at the hearing; and 

(10) Within 10 days after the public hearing is adjourned, the board of selectmen 
may, by a two-thirds vote, reinstate the appointed official, but the appointed official shall 
otherwise be removed. 

Nothing is this section shall be construed as granting a right to such a hearing when 
an appointed official who has been appointed to a fixed term is not reappointed when the 
appointed official's original term expires. 

Section 9-8. Posting of Public Documents 

The board of selectmen and town manager shall ensure that all pertinent, public town 
documents be posted to the town's website. Examples of these documents shall include, but 
not limited to, the following: administrative code, audit results, budget, financial 
management policies, ordinances and personnel policies and procedures. 

ARTICLE X - TRANSITIONAL PROVISIONS 

Section 10-1. Continuation of Existing Laws 

All by-laws, resolutions, rules, regulations and votes of the town meeting which are 
in force at the time this charter is adopted, not inconsistent with the provisions of this charter, 
shall continue in full force until amended or repealed. If the provisions of this charter 
conflict with provisions of town by-laws, rules, regulations, orders or special acts or 
acceptances of laws, the charter provisions shall govern. All provisions of town by-laws, 
rules, regulations, orders and special acts not superseded by this charter shall remain in force. 

Section 10-2. Existing Officials and Employees 

A person holding a town office or employment under the town, shall retain the office 
or employment and shall continue to perform the duties of the office until provisions shall 
have been made in accordance with this charter for the performance of the duties by another 
person or agency. 



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Section 10-3. Continuation of Government 

All town offices, boards, commissions or agencies shall continue to perform their 
duties until re-appointed, re-elected or until successors to their respective positions are fully 
appointed or elected or until their duties have been transferred and assumed by another town 
office, board, commission or agency. 

Section 10-4. Transfer of Records and Property 

All records, property and equipment whatsoever of any office, board, commission, 
committee or agency or part thereof, the powers and duties of which are assigned in whole 
or in part to another town office, board, commission or agency, shall be transferreci forthwith 
to the office, board, commission or agency. 

Section 1 0-5 . Continuation of Personnel 

A person, holding a town office or a position in the administrative service of the 
town, or a person holding full-time employment under the town, shall retain the office, 
position or employment or be retained in a capacity as similar to their former capacity as it 
is practical to do so. 

The person holding a town office or position shall continue to perform the duties of 
the office, position or employment until provisions have been made for the performance of 
those duties by another person or agency; provided, however, that no person in the permanent 
full-time service of the town shall forfeit the person's pay grade or time in service of the 
town. 

Section 10-6. Effect On Obligations, Taxes, Etc. 

All official bonds, recognizances, obligations, contracts and other instruments entered 
into or executed by or to the town before the adoption of this charter and all taxes, 
assessments, fines, penalties, forfeitures, incurred or imposed, due or owing to the town, 
shall be enforced and collected and all writs, prosecutions, actions and cause of action, 
except as herein otherwise provided, shall continue without abatement and remain unaffected 
by the charter and no legal act done by or in favor of the town shall be rendered invalid by 
reason of the adoption of this charter. 

Section 10-7. Time of Taking Effect 

This charter shall become fully effective upon ratification by the voters as provided 
for by the General Laws. 

Section 10-8. Transition from Municipal Administrator to Town Manager 

Upon the effective date of this charter, the person serving in the position of municipal 
administrator shall be deemed the appointed town manager as described in Article 4, to serve 
for the remaining term of the person's contract with the town. 

Section 10-9. Board of Selectmen / Town Manager Transition Duties 

(a) As one of its first priorities following adoption of this charter, the board of 
selectmen and town manager shall begin development of the administrative code structure, 
which shall describe the details of the departmental organization and associated operating 
rules and regulations. 



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A key input source to the creation of the administrative code shall be the final report 
of the town government study committee, published in May of 2009. This report shall guide 
the functional re-alignment of all town offices, agencies, boards and committees, as well as 
any changes to elected or appointed positions, boards or committees. 

(b) The board of selectmen and town manager shall also begin a review of all town 
by-laws, to analyze and amend as necessary, as a result of charter implementation. 

SECTION 5. This act shall take effect upon its passage. 

Approved, March 18, 2010. 



Chapter 53. AN ACT RELATIVE TO ELECTIONS IN THE TOWN OF 
WAYLAND. 

Be it enacted, etc., as follows: 

SECTION 1. In the town of Way land, town officials elected at the annual town 
election shall assume office on the date of the adjournment of the annual town meeting 
immediately following said election. 

SECTION 2. This act shall take effect upon its passage. 

Approved, March 25, 2010. 



Chapter 54. AN ACT RELATIVE TO REPRESENTATION BY THE ATTORNEY 
GENERAL IN ACTIONS INVOLVING PILOTS. 

Be it enacted, etc., as follows: 

Section 3 of chapter 12 of the General Laws, as appearing in the 2008 Official 
Edition, is hereby amended by striking out, in line 14, the words "district one" and inserting 
in place thereof the following words:- districts 1 to 4, inclusive,. 

Approved, March 25, 2010. 



Chapter 55. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWN OF 
UXBRIDGE AS THE TITUS EBBELING MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The bridge spanning Route 146A, identified as U-02-057, in the town of Uxbridge 



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Chap. 55 

shall be designated and known as the Titus Ebbeling Memorial Bridge, in memory of 
Uxbridge dog officer, Titus Ebbeling, who lost his life in the line of duty on December 1 , 
1980. The Massachusetts department of transportation shall erect and maintain suitable 
markers bearing that designation in compliance with the standards of the department. 

Approved, March 25, 2010. 



Chapter 56. AN ACT REORGANIZING CERTAIN AGENCIES OF THE 
EXECUTIVE DEPARTMENT. 

Be it enacted, etc., as follows: 

SECTION 1. Section 16G of chapter 6A of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in clause (b), the words "the trade 
office and the office of minority and women business assistance", and inserting in place 
thereof the following words:- and the trade office. 

SECTION 2. Chapter 7 of the General Laws is hereby amended by adding the 
following sections :- 

Section 57. It is the policy of the commonwealth to promote and facilitate the fullest 
possible participation by all citizens in the affairs of the commonwealth. Minority, women 
and veterans business enterprises frequently face special handicaps and problems in 
achieving viable economic status. Various public and private programs have been initiated 
to assist minority, women and veterans business enterprises, where applicable, to achieve 
economic viability, though many businesses have not been adequately informed of these 
programs because of inadequate coordination and communication efforts, with the result that 
many services available are never adequately delivered to those who need them. The state 
government, as the biggest business in the commonwealth of Massachusetts, has a special 
responsibility to see that all available services and programs are put to the best use. These 
steps are necessary to guarantee the fullest participation by all citizens of the commonwealth 
in the economy of the state and to guarantee the fullest benefits to citizens of programs and 
services available for assistance. 

Section 58. As used in sections 59 to 61 of this chapter, the following words shall 
have the following meanings, unless a contrary intent is clearly indicated:- 

"Certified business enterprise" and "certified business", a business certified pursuant 
to section 61. 

"Director", the director of the supplier diversity office. 

"Minority business enterprise" or "MBE", for the purpose of receipt of services from 
SDO, means a business enterprise that is owned and controlled by one or more socially or 
economically disadvantaged persons. Such disadvantage may arise from cultural, racial, 
chronic economic circumstances or background or other similar cause. Such persons 
include, but are not limited to, African Americans, Cape Verdeans, Western Hemisphere 
Hispanics, Asians, American Indians, Eskimos, and Aleuts. For purposes of section 61 and 

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Chap. 56 

of section 40N of chapter 7, the term "minority owned business" shall have the same 
meaning as "minority business enterprise". 

"Office", the supplier diversity office as established by section 61. 

"SDO", the supplier diversity office as designated by section 61 . The office shall be 
the successor to the office of minority and women business assistance. 

"Secretary", the secretary of the executive office for administration and finance. 

"State purchasing agent", the head of the operational services division of the 
executive office for administration and finance. 

"Veteran business enterprise" or "VBE", a business enterprise that is both owned and 
controlled by 1 or more veterans, as defined in section 7 of chapter 4, who has invested in 
an ongoing business free of conversion rights. 

"Women business enterprise" or "WBE", for the purpose of receipt of services from 
SDO means a business enterprise that is both owned and controlled, by one or more women 
who have invested in an ongoing business free of conversion rights. For purposes of section 
61 and of section 40N of chapter 7, the term "women owned business" shall have the same 
meaning as "women business enterprise." 

Section 58. There shall be a supplier diversity office which shall be an office within 
the operational services division of the executive office for administration and finance. 

Section 59. SDO shall have a director and such other specialists as may be 
authorized. The director shall have all necessary authority, subject to the direction, control 
and supervision of the state purchasing agent, to utilize existing staff within the operational 
services division to effect the purposes of sections 57 to 61, inclusive, and shall have the 
authority to seek such funds, public or private, as may be available and needed to carry out 
the intent of those sections. 

Section 61. (a) SDO shall adopt regulations and policies for the establishment and 
management of the office's certification process, including regulations and policies 
governing the streamlining, approval, denial or revocation of any such certification. 

(b) SDO shall seek to develop and maintain a directory of certified minority, women 
and veteran businesses within the commonwealth, and shall, from time to time, notify such 
businesses of the programs and services available to them, whether from public or private 
sources, or from local, state or federal agencies. 

(c) SDO may, subject to approval by the state purchasing agent, establish its own 
programs and policies and seek from any official or agency of the commonwealth or its 
political subdivisions, information and assistance necessary to carry out its functions and 
duties; and all officials, agencies or political subdivisions of the commonwealth shall supply 
such information or assistance. 

(d) SDO shall receive assistance from state agencies including, where consistent with 
existing law, commitments that such agencies do a limited amount of contracting and 
subcontracting with minority or women or veteran businesses. SDO shall assist minority, 
and women and veteran businesses in making use of any special programs which may be 
operated by the state or by various departments and agencies of the federal government. 



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(e) SDO, through the state purchasing agent, shall coordinate its activities with those 
of other offices, and shall assist minority and women and veteran businesses in their dealings 
with federal agencies and with state departments and agencies. SDO shall also provide 
assistance to all cabinet secretaries and departments, in evaluating economic activities of 
their offices to determine how their offices may be of assistance in providing fair 
opportunities for minority and women businesses. 

(f) SDO may work with banks, insurance companies, and other private businesses in 
the commonwealth to encourage the formation of seed money for facilitating the starting-up 
and expansion of minority and women businesses. SDO may provide assistance to minority 
and women businesses in their efforts to obtain loan money and operating capital from 
private and public lenders. 

(g) SDO may seek to increase the amount of financial assistance available to minority 
and women businesses from private financial institutions; and may, from time to time, 
sponsor conferences, workshops or other informational programs. 

(h) SDO shall seek to encourage voluntary assistance programs by which nonminority 
and non-women business employees are loaned to minority and women businesses or by 
which minority and women business persons are taken into viable business ventures to 
acquire training and experience in managing business affairs. 

(i) SDO may encourage state contract awarding authorities to seek to increase the 
incidence of joint ventures between nonminority state contractors and minority and women 
and veteran contractors, by specifically pointing out that such arrangements would constitute 
one method of partially meeting affirmative action requirements imposed upon both 
nonminority state contractors and the state. The director of affirmative action shall be kept 
informed of actions taken under this provision. SDO shall follow advertisements for 
construction work by public bodies in the commonwealth, shall notify minority and women 
and veteran general contractors and subcontractors of the bid opening dates for the 
approximate amount of the contract and subcontract work being bid, may assist them in 
securing bonds and in bidding for that construction work and shall initiate a program to help 
qualified minority persons and women to get started as small business firms in the 
construction field by helping to arrange joint ventures with qualified general contractors and 
subcontractors and by arranging for administrative and accounting assistance to help them 
carry out their subcontract and general contract obligations during the period of contract 
performance. 

(j) SDO shall, through the state purchasing agent, submit an annual report to the 
general court on the minority and women businesses which it assists, the type of services 
which it renders, the difficulties it encounters. The report may include recommendations for 
legislative or executive action. 

(k) SDO shall, after notice and an opportunity to be heard, impose administrative 
penalties on an applicant for certification or recertification that knowingly provides false or 
misleading information on its application or in support of its application for certification or 
recertification as a minority- or women-or veteran-owned business, or on a person who fails 



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to comply with any provision of any regulation or approval issued or adopted by the agency 
or of any law which the agency has the authority or responsibility to enforce. 

(1) The director shall consult with the commissioner of capital asset management and 
maintenance on the establishment of an affirmative marketing program pursuant to section 
40N of chapter 7. The affirmative marketing program shall be established for the purpose 
of ensuring the fair participation of minority-owned and women-owned businesses on capital 
facility projects and state assisted building projects. The affirmative marketing program shall 
establish participation goals for minority-owned and women-owned business on capital 
facility projects and state assisted building projects. Participation goals for minority-owned 
business and women-owned business shall be based upon the broadest and most inclusive 
pool of available minority-owned businesses and women-owned businesses interested in and 
capable of performing construction work and design services on such capital facility projects 
and state assisted building projects. The director and the commissioner of capital asset 
management and maintenance shall meet on a quarterly basis to determine the status of 
implementation of the affirmative marketing program and what further steps both agencies 
deem necessary to achieve the purposes of section 40N of chapter 7 and this subsection. For 
purposes of this subsection, the terms "capital facility project" and "state assisted building 
project" shall have the same meanings as found in section 40N of chapter 7. 

(m) In connection with the affirmative marketing program established pursuant to 
section 40N of chapter 7, SDO shall regularly review and, where necessary, modify its 
certification process to ensure that it operates effectively, and shall report annually to the 
secretary of the executive office for administration and finance regarding these matters. 

(n) SDO shall be responsible for the overall management, monitoring, and 
enforcement of the affirmative marketing program as it relates to minority owned businesses 
and women owned businesses participation on state assisted building projects. The director 
may appoint a program director to assist in program development, coordination of program 
operations and compliance with program goals and objectives. The program director shall 
also have responsibility for monitoring compliance regarding minority owned businesses and 
women owned businesses participation on state assisted building projects, addressing 
program violations and coordinating enforcement activities. 

(o) The director shall develop a written procedure by which participation goals, for 
an individual state assisted building project, may be adjusted for minority-owned businesses, 
women-owned businesses or both; but, the adjustment shall be based upon the actual 
availability of minority-owned businesses and women-owned businesses, the geographic 
location of the project, the scope of work of the capital facility project or other relevant 
factors. 

(p) The director shall develop a written waiver procedure by which, at any time 
before the award of a contract, it may be determined that compliance with the participation 
goals is not feasible and by which the participation goals on a state assisted building project 
may be reduced or waived. Waiver shall be granted only upon a showing that good faith 
efforts have been made to comply with the participation goals. 



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Chap. 56 

(q) The director and the commissioner of capital asset management and maintenance 
shall by March 15 of each year submit to the joint committee on state administration and 
regulatory oversight, the senate committee on ways and means, the house committee on ways 
and means, the clerk of the house, and the clerk of the senate a report on the performance of 
the affirmative marketing program for the preceding year. The report shall, at a minimum, 
show the name and address of each such minority owned business and women owned 
business, its designation as a minority-owned or women-owned business, the contract or 
subcontract price, a description of the work performed on the contract by class of work, and 
project type, and shall show separately the total number of contracts awarded to 
minority-owned and women-owned businesses as a percentage of the total number of 
contracts awarded and as a percentage of the total contract price. 

(r) The director shall adopt regulations necessary to implement this subsection. 

SECTION 3. Section 1 of chapter 23 A of the General Laws, as so appearing, is 
hereby amended by striking out, in clause (b), the words "and the office of minority and 
women business assistance and all entities within that office." 

SECTION 4. Sections 39 to 44, inclusive, of chapter 23 A of the General Laws are 
hereby repealed. 

SECTION 5. Notwithstanding any general or special law to the contrary, the phrase 
"office of minority and women business assistance", wherever it appears in a general or 
special law, shall mean the supplier diversity office. 

SECTION 6. (a) Notwithstanding any general or special law to the contrary, this 
section shall facilitate the orderly transfer of employees, proceedings, rules and regulations, 
property and legal obligations of the following functions of state government from the state 
office of minority and women business assistance as the transferor agency, to the operational 
services division as the transferee agency; 

(b) To the extent that employees of the transferor agency, including those who were 
appointed immediately before the effective date of this act and who hold permanent 
appointment in positions classified under chapter 3 1 of the General Laws or have tenure in 
their positions as provided by section 9 A of chapter 30 of the General Laws or do not hold 
such tenure, or hold confidential positions, are transferred to the respective transferee agency, 
such transfers shall be effected without interruption of service within the meaning of said 
section 9A of said chapter 3 1 , without impairment of seniority, retirement or other rights of 
the employee, and without reduction in compensation or salary grade, notwithstanding any 
change in title or duties resulting from such reorganization, and without loss of accrued rights 
to holidays, sick leave, vacation and benefits, and without change in union representation or 
certified collective bargaining unit as certified by the state division of labor relations or in 
local union representation or affiliation. Any collective bargaining agreement in effect 
immediately before the transfer date shall continue in effect and the terms and conditions of 
employment therein shall continue as if the employees had not been so transferred. The 
reorganization shall not impair the civil service status of any such reassigned employee who 
immediately before the effective date of this act either holds a permanent appointment in a 



166 



Chap. 56 

position classified under chapter 3 1 of the General Laws or has tenure in a position by reason 
of section 9 A of chapter 30 of the General Laws. Notwithstanding any other general or 
special law to the contrary, all such employees shall continue to retain their right to 
collectively bargain pursuant to chapter 150E of the General Laws and shall be considered 
employees for the purposes of said chapter 1 50E. Nothing in this section shall be construed 
to confer upon any employee any right not held immediately before the date of said transfer, 
or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, 
layoff, or abolition of position not prohibited before such date. 

(c) All petitions, requests, investigations and other proceedings appropriately and 
duly brought before the transferor agency or duly begun by the transferor agency and pending 
before it before the effective date of this act, shall continue unabated and remain in force, but 
shall be assumed and completed by the transferee agency. 

(d) All orders, rules and regulations duly made and all approvals duly granted by the 
transferor agency, which are in force immediately before the effective date of this act, shall 
continue in force and shall thereafter be enforced, until superseded, revised, rescinded or 
canceled, in accordance with law, by the transferee agency. 

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and 
other property, both personal and real, including all such property held in trust, which 
immediately before the effective date of this act are in the custody of the transferor agency 
shall be transferred to the transferee agency. 

(f) All duly existing contracts, leases and obligations of the transferor agency shall 
continue in effect but shall be assumed by the transferee agency. No existing right or remedy 
of any character shall be lost, impaired or affected by this act. 

ELIMINATION OF FAD 

SECTION 7. Section 4 of chapter 7 of the General Laws, as appearing in the 2008 
Official Edition, is hereby amended by adding the following paragraph:- 

The secretary shall appoint a budget director. She shall be a person of ability and 
experience and shall devote her entire time to the duties of her office. The budget director 
may establish, with the approval of the secretary, administrative units that she deems 
appropriate. The budget director shall prepare and maintain financial plans and, under the 
general direction of and on behalf of the governor, shall prepare operating budget 
recommendations for all departments, offices, commissions and institutions which receive 
periodic appropriations from the commonwealth. These plans and recommendations shall 
be prepared according to the requirements of chapter 29. Subject to the approval of the 
secretary, the budget director shall design and install, and may revise from time to time, a 
financial planning and budgeting system, including the requisite forms, procedures, 
information, computer software and such other attributes as she considers necessary. 

SECTION 8. Section 4A of said chapter 7, as so appearing, is hereby amended by 
striking out clause (c). 

SECTION 9. Section 4D of said chapter 7 , as so appearing, is hereby amended by 



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Chap. 56 

striking out, in line 11, the word "three" and inserting in place thereof the following 
numeral:- 4. 

TRANSFER OF "CORE" FUNCTIONS OF MASSGIS FROM EOEEA TO ITD 

SECTION 10. Clause (d) of section 4A of chapter 7 of the General Laws, as 
appearing in the 2008 Official Edition, is hereby amended by inserting after the first 
paragraph the following paragraph:- 

The division shall include an office of geographic information through which the 
chief information officer shall develop, maintain, update and distribute geographic 
information, technology, data and services for use by state agencies, municipalities and the 
public. The office shall coordinate all geographic information activities in state and local 
government, and shall collect, manage and distribute geographic information maintained by 
state agencies and local government agencies. It shall also provide technical services related 
to geographic information to state agencies and municipalities. The chief information officer 
shall set standards for the acquisition, management, and reporting of geographical 
information, and the acquisition, creation or use of applications employing such information, 
by any executive department agency, and the reporting of such information by municipalities. 

SECTION 11. Section 4B of chapter 21 A of the General Laws is hereby repealed. 

SECTION 12. (a) Notwithstanding any general or special law to the contrary, this 
section shall facilitate the orderly transfer of employees, proceedings, rules and regulations, 
property and legal obligations of the following functions of state government from the office 
of geographic and environmental information, as the transferor agency, to the information 
technology division, as the transferee agency; but the employees, proceedings, rules and 
regulations, property and legal obligations and functions of the transferor agency that are 
engaged in developing and maintaining data and applications specific to the executive office 
for energy and environmental affairs and its agencies shall not be subject to this transfer. 

(b) To the extent that employees of the transferor agency, including those who were 
appointed immediately before the effective date of this act and who hold permanent 
appointment in positions classified under chapter 3 1 of the General Laws or have tenure in 
their positions as provided by section 9 A of chapter 30 of the General Laws or do not hold 
such tenure, or hold confidential positions, are transferred to the respective transferee agency, 
such transfers shall be effected without interruption of service within the meaning of said 
section 9A of said chapter 3 1 , without impairment of seniority, retirement or other rights of 
the employee, and without reduction in compensation or salary grade, notwithstanding any 
change in title or duties resulting from such reorganization, and without loss of accrued rights 
to holidays, sick leave, vacation and benefits, and without change in union representation or 
certified collective bargaining unit as certified by the state division of labor relations or in 
local union representation or affiliation. Any collective bargaining agreement in effect 
immediately before the transfer date shall continue in effect and the terms and conditions of 
employment therein shall continue as if the employees had not been so transferred. The 
reorganization shall not impair the civil service status of any such reassigned employee who 
immediately before the effective date of this act either holds a permanent appointment in a 



168 



Chap. 56 

position classified under chapter 3 1 of the General Laws or has tenure in a position by reason 
of section 9 A of chapter 30 of the General Laws. Notwithstanding any other general or 
special law to the contrary, all such employees shall continue to retain their right to 
collectively bargain pursuant to chapter 150E of the General Laws and shall be considered 
employees for the purposes of said chapter 1 50E. Nothing in this section shall be construed 
to confer upon any employee any right not held immediately before the date of said transfer, 
or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, 
layoff, or abolition of position not prohibited before such date. 

(c) All petitions, requests, investigations and other proceedings appropriately and 
duly brought before the transferor agency or duly begun by the transferor agency and pending 
before it before the effective date of this act, shall continue unabated and remain in force, but 
shall be assumed and completed by the transferee agency. 

(d) All orders, rules and regulations duly made and all approvals duly granted by the 
transferor agency, which are in force immediately before the effective date of this act, shall 
continue in force and shall thereafter be enforced, until superseded, revised, rescinded or 
canceled, in accordance with law, by the transferee agency. 

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and 
other property, both personal and real, including all such property held in trust, which 
immediately before the effective date of this act are in the custody of the transferor agency 
shall be transferred to the transferee agency. 

(f) All duly existing contracts, leases and obligations of the transferor agency shall 
continue in effect but shall be assumed by the transferee agency. No existing right or remedy 
of any character shall be lost, impaired or affected by this act. 

SECTION 13. Sections 10, 1 1 and 12 shall take effect on July 1, 2010. 

SECTION 14. Sections 1 to 9, inclusive, of this act shall take effect as soon as it has 
the force of law under subsection (c) of section 2 of Article LXXXVII of the Amendments 
to the Constitution. 

The foregoing was filed by the Governor with the General Court on March 2, 2010. 
Not having been disapproved in either the House of Representatives or Senate and the 
General Court not having been prorogued, after 60 days it has the force of law as provided 
in Article LXXXVII of the Amendments to the Constitution. 



Chapter 57. AN ACT AUTHORIZING THE TOWN OF WEST SPRINGFIELD TO 
CONTINUE THE EMPLOYMENT OF POLICE CHIEF THOMAS E. 
BURKE. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, Thomas 



169 



Chap. 57 

E. Burke, chief of the police department of the town of West Springfield, may continue in 
that position until March 12, 2012. The appointing authority may, at its own expense, 
require that Thomas E. Burke be examined by an impartial physician to determine that he is 
mentally and physically capable of performing the duties of that position. Deductions shall 
continue to be made from the regular compensation of Thomas E. Burke under chapter 32 
of the General Laws for any service performed until March 12, 2012. 
SECTION 2. This act shall take effect upon its passage. 

Approved, March 31,2010. 



Chapter 58. AN ACT PROVIDING FOR THE FINANCIAL STABILITY OF THE 
CITY OF LAWRENCE. 

Be it enacted, etc., as follows: 

SECTION 1 . As used in this act the following words shall, unless the context clearly 
requires otherwise, have the following meanings :- 

"Board", a finance control board established under sections 6 and 7. 

"Charter", the charter of the city of Lawrence as provided in chapter 425 of the acts 
of 1983. 

"City", the city of Lawrence. 

"City council", the city council for the city of Lawrence established under its charter. 

"Commissioner", the commissioner of revenue. 

"Department", the department of administration and finance established under 
section 8. 

"Director", the director of accounts in the department of revenue. 

"Fund", the City of Lawrence Financial Stability Fund established in section 3. 

"Overseer", the financial overseer appointed under section 4. 

"Officer", the chief administrative and financial officer appointed under section 8. 

"School committee", the school committee of the city of Lawrence established under 
its charter. 

"Secretary", the secretary of administration and finance. 

"Supplemental reserve fund", the supplemental reserve fund to ensure fiscal stability 
established under section 4 of chapter 41 of the acts of 1990, and amended by section 5 of 
chapter 377 of the acts of 1992. 

SECTION 2. (a) Notwithstanding any general or special law, city charter provision 
or local ordinance to the contrary, the city, with the approval of the secretary and the 
commissioner, may borrow sums approved by the city council and the commissioner to 
maintain and operate the city while it adjusts the level of the city's expenses and revenues 
in fiscal years 2010 and 201 1 ; provided, however, that the aggregate of all such sums shall 
not exceed $35,000,000. In fiscal year 201 1 the city shall not borrow more than one-half of 



170 



Chap. 58 

the amount of the city's deficit in fiscal year 2010. The director shall certify the amount of 
the city's deficit for fiscal year 2010. 

(b) The commissioner may limit the amounts borrowed by the city under this act to 
an amount or amounts less than the amount or amounts approved by the city council. Bonds 
or notes issued under this act for operating purposes shall be issued for a term of not more 
than 20 years and shall be backed by the full faith and credit of the city. The bonds and notes 
shall be eligible to be issued as qualified bonds or notes under chapter 44A of the General 
Laws. Indebtedness incurred under this act shall not be included in determining the statutory 
limit of indebtedness of the city under section 10 of chapter 44 of the General Laws but, 
except as provided in this act, shall otherwise be subject to said chapter 44. Amounts raised 
to pay indebtedness incurred under authority of this section shall be subject to section 21 C 
of chapter 59 of the General Laws. 

(c) The maturities of each issue of bonds or notes authorized under this act, including 
any refunding bonds, may, if approved by the city officers authorized to issue and approve 
bonds or notes, and the commissioner, be arranged so that for each issue the amounts payable 
in the several years for principal and interest combined are as nearly equal as is practicable 
in the opinion of the city officers authorized to issue and approve the bonds or notes and 
commissioner, or in the alternative, in accordance with a schedule providing for a more rapid 
amortization of principal. 

(d) In any year during which a loan issued under this section remains outstanding, the 
city shall not issue any other bond, note or other form of indebtedness without written 
notification to, and the approval of, the director. 

(e) Notwithstanding section 57C of chapter 59 of the General Laws and chapter 183 
of the acts of 2009, in fiscal year 201 an actual tax bill issued upon the establishment of the 
tax rate for the fiscal year, after credit is given for a preliminary tax payment previously 
made, shall be due and payable in 2 installments. The first installment shall be due and 
payable on February 1, 2010, or 30 days after the actual real estate tax bills are mailed, 
whichever is later, if the bills are mailed no later than March 15, 2010; provided that, if the 
bills are mailed after March 15, 2010, the first installment shall be due and payable at the 
time the second installment is due and payable; and the second installment shall be due and 
payable on May 1, 2010, after which dates, if unpaid, they shall become delinquent. 

SECTION 3. The city shall set up on the books of the city the City of Lawrence 
Financial Stability Fund into which all proceeds of a loan issued under section 2 shall be 
deposited. The city council, with the approval of the commissioner, may authorize 
disbursements from the fund for purposes that the mayor considers appropriate to maintain 
and continue city operations. Funds borrowed for city operating purposes may be applied, 
with the approval of the director, as general revenue for purposes of section 23 of chapter 59 
of the General Laws. The director shall establish rules and procedures that the director 
considers appropriate relating to disbursements from the fund and the reporting and 
accounting for those disbursements. 



171 



Chap. 58 

SECTION 4. (a) Within 30 days of the effective date of this act, the secretary shall 
appoint a fiscal overseer for the city to assess the ability of the city government to manage 
the city's fiscal challenges. The overseer shall without limitation: 

( 1 ) recommend to the mayor, city council and school committee sound fiscal policies 
for implementation; 

(2) supervise all financial services and activities including the school department; 

(3) advise the director of budget and finance, assessors, comptroller, treasurer- 
collector, purchasing agent and employees performing similar duties but with different titles; 

(4) provide assistance in all matters related to municipal financial affairs, including 
the school department; 

(5) assist in development and preparation of all department budgets and spending 
plans; 

(6) review all proposed contracts and obligations with a term in excess of 1 year; 

(7) monitor the expenditures of all funds; 

(8) approve the annual or supplemental budgets of the city and the school committee; 

(9) report monthly to the secretary and house and senate committees on ways and 
means on the progress made towards reducing the city's capital and structural deficits; and 

(10) report quarterly to the secretary and house and senate committees on ways and 
means on expenditures made from the loan fund, including the amounts and purposes of 
expenditures for personnel costs, contracted personnel costs or consultant fees. 

(b) All department budgets and requests for budget transfers shall be submitted to 
the fiscal overseer for review and recommendation before submission to the mayor, city 
council or school committee. 

(c) The city shall annually appropriate amounts sufficient for the proper 
administration of the fiscal overseer and staff, as determined in writing by the secretary. If 
the city fails to appropriate such amounts, the secretary shall direct the state treasurer to 
deduct the necessary funds from the city's distribution of unrestricted general aid and shall 
expend those funds directly for the benefit of the overseer and staff. 

(d) The city shall be deemed to have accepted section 37M of chapter 71 of the 
General Laws for the purpose of consolidating the business and financial operations and 
functions of the school department with those of the city under the authority of the director 
of the department of budget and finance for the city. This acceptance may be revoked; 
provided, however, that the city may not revoke acceptance of said section 37M of said 
chapter 7 1 in any year during which a loan issued under section 2 remains outstanding. Upon 
consolidation of the business and financial operations and functions of the school department 
with those of the city, the fiscal overseer shall advise the new consolidated department of 
budget and finance. 

(e) Within 120 days of being appointed by the secretary, the overseer shall develop 
a 3-year operating and capital financial plan to achieve fiscal stability in the city. The plan 
shall include a preliminary analysis of the city's financial situation and the overseer's initial 
recommendations to immediately begin to address the city 's operating and structural deficits. 



172 



Chap. 58 

(f) (1) Within 60 days of being appointed by the secretary, the overseer shall 
determine the financial impact to the city should the city: (i) accept section 1 8 of chapter 32B 
of the General Laws; (ii) terminate the provision of group health insurance coverage by 
self-insurance under section 3 A of said chapter 32B; and (iii) accept section 19 of said 
chapter 32B for purposes of obtaining group health insurance coverage from the group 
insurance commission established by section 3 of chapter 32A of the General Laws or 
participate in a joint purchasing group or agreement under section 12 of said chapter 32B for 
purposes of obtaining such coverage. 

(2) Upon determination by the overseer that such acceptance or action would result 
in cost savings, the city shall, effective July 1 , 201 0, be deemed to have accepted: (i) section 
18 of chapter 32B of the General Laws; and (ii) section 19 of said chapter 32B; provided, 
however, that notwithstanding subsection (a) of said section 19 of said chapter 32B, 
acceptance shall not be conditioned upon written agreement between the appropriate public 
authority and the public employee committee; or (iii) chapter 32B for purposes of 
participating in a joint purchasing group or agreement under section 12 of said chapter 32B, 
and shall take all other actions needed by law to implement these provisions. 

(3) Upon acceptance of section 19 of chapter 32B of the General Laws under clause 
(ii) of paragraph (2), the overseer shall notify the group insurance commission in writing of 
such acceptance and the intent to transfer subscribers, as defined in subsection (a) of said 
section 19 of said chapter 32B, to the group insurance commission. The group insurance 
commission shall, on or before November 1,2010, enroll subscribers in the group insurance 
commission under said paragraph (2); provided, however, that employees who are covered 
under a collective bargaining agreement as of July 1 , 20 1 in which a health insurance carrier 
is expressly named, shall continue to receive the group insurance benefits under their 
respective collective bargaining agreement until or before the expiration date of such 
contract; provided, further, that employees that are covered under a collective bargaining 
agreement that expires on June 30, 2010 shall continue to receive the group insurance 
benefits under their respective collective bargaining agreement until they are transferred to 
the group insurance commission on November 1, 2010; and provided, further, that on or 
before November 1, 2010, subscribers shall be subject to the group insurance premiums for 
state employees established under section 8 of chapter 3 2 A. 

SECTION 5. (a) Before setting a tax rate under section 23 of chapter 59 of the 
General Laws for fiscal year 201 1 or for any subsequent fiscal year in which a loan issued 
under section 2 remains outstanding, the city shall submit to the director a pro forma tax rate 
for the succeeding fiscal year, which shall contain all information required to set the tax rate 
under said section 23 of said chapter 59 except for the assessed valuation of all real and 
personal property subject to taxation for the fiscal year. The pro forma tax rate 
recapitulation, together with a copy of the adopted budget and such supporting revenue and 
expenditure information as the director may prescribe, shall be submitted no later than 10 
days after the adoption of the city budget, or July 1, whichever is earlier. The director shall 



173 



Chap. 58 

ascertain whether the city budget for that fiscal year contains reasonable revenues from 
taxation and other sources to meet the appropriations and other amounts required by law to 
be raised under said section 23 of said chapter 59, and the director shall report the director's 
conclusion to the commissioner. For fiscal year 2010 or for any subsequent fiscal year in 
which a loan issued under section 2 remains outstanding, upon submission of the annual tax 
rate recapitulation by the city, the director shall also ascertain whether the city budget for that 
fiscal year contains reasonable revenues from taxation and other sources to meet the 
appropriations and other amounts required by law to be raised under said section 23 of said 
chapter 59 and the director shall report the director's conclusion to the commissioner. If the 
commissioner determines that the city budget as presented on the pro forma or annual tax 
rate recapitulation would not permit certification of the tax rate for the applicable fiscal year, 
the commissioner shall: (1) certify this determination in writing and provide notice of the 
determination with a copy of the certificate to the secretary and the house and senate 
committees on ways and means; and (2) not set a tax rate for the fiscal year until the director 
has submitted an annual tax rate recapitulation based on the actions taken to achieve a 
balanced budget. 

(b) In any year in which a loan issued under section 2 remains outstanding, the 
commissioner shall not certify the annual tax rate of the city until an audit report and balance 
sheet for the preceding fiscal year has been received and accepted by the director. The audit 
report shall be prepared by a certified public accountant in accordance with generally 
accepted auditing standards and shall include accompanying financial statements. 

(c) In any year in which a loan issued under section 2 remains outstanding, the city 
shall submit to the director quarterly reports presenting a budget to actual comparison of 
revenues and expenditures. The written reports shall be submitted within 30 days after the 
conclusion of each fiscal quarter and shall be in the form and include the information and 
detail that the director may prescribe. 

(d) The director may waive any reporting or filing requirements contained in this 
section. 

SECTION 6. (a) The fiscal overseer shall report in writing, including the underlying 
reasons, to the secretary if city cannot set a tax rate for fiscal year 20 1 1 by January 31,2011. 

(b) The fiscal overseer shall report in writing to the secretary if the overseer 
concludes that the city: (i) is unable to achieve a balanced budget; (ii) faces a fiscal crisis that 
poses an imminent danger to the safety of the citizens of the city and their property; or (iii) 
will not achieve fiscal stability without the assistance of a finance control board. 

(c) If the fiscal overseer believes, at any time, that a finance control board should be 
appointed, the fiscal overseer may report that belief to the secretary. 

(d) If the fiscal overseer reports to the secretary under subsections (a), (b) or (c), the 
secretary shall immediately abolish the overseer and appoint a finance control board. 

(e) A finance control board appointed under this section shall have all of the powers 
and duties set forth in section 7. 



174 



Chap. 58 

(f) Aiany time after Jury L 2011 
if a finance control board has not been appointed and if the seciet*y ,n the secret a r y 3 * sole 

discretion, determines that the city has taken steps nftrvay to achieve luug tm m fiscal 
r.i~i;nii:r- hi r.: nitr rei-ies in t :m nm.gii it ititii in 11; ..:;. it 
overseer. 

(g) Ifthe director notifies the secretary m writing that the city is imabfe to achieve 
a balanced budget or set a tax rate at any time after the remove offe overseer and while the 
debt issued under this act is still outstanding, then the secretary shall establish a finance 
control board under section 7. 

SECTION" <ai If a finance control board is established under section 6, it shall 
consist of 5 members: 3 of whom shall be designees of the secretary, 1 of whom shall be the 
mayor of the cit> and 1 of whomsfaallbetherjreskfemoftheciryoounciL The board shall 
act by a majority vote of all its members. The board shall initiate and assure the 
n: '.zzr. eimi :: iri:::n:t itue: i 3t:_rr zz.z i_m: :i. ;i:.ii :: ±e ::r Tie 
board shall continue in existence until the secretary abolishes iL The board shall be a state 
agency for the purposes of chapter 268A of the General Laws. 

(b) Action by the board under mis act shall c on s titute action by the dry for al 
purposes under the General Laws and under any special law. 

Until the board ceases to exist, no appropriation, lwiimmg, authorization, 
transfer, including transfer from or » j 1 ** "^ibt m of finds mto the supplemental reserve 
fund, the capital reserve fund established under section 9 or other municipal spesdmg 
authority shall take effect until a p uwv u d by the board. T ■*■ n: t al 

iii::"i::ii rinv-iii iii:ni~ ::_= mitrs n: lie? i_i_:.:i rrei: —p 
authuf i/arions in whole or part 

(d) In addition to the authority and powers o uufc ir c d elsewhere m mis act, — 1 
n oiwid t s landmg any dry charter provision or toeal ouftumi f tp the contrary, the boarisfcnM 
have the power to: 

■1 nei: inine m exti ~z it n -:_i "n 5 -::.tneii_ : liiti ::u: 

::r. m it 5:1: :. : nnict _z:_-is.z it tfirliiiitii i::tit :: :t::rit : : ny 
:ii:: "iiii 11: 5ie:i. iii:~:y ::: il itiiiztii : 11 iimitt^ iiti: ti :; 
other units of the city and the school committee; provided, howe i:niifii:.ii 

stm 5- :: :ir:t: "1 :: ±t j-e-eril 1: : ±15 lint 5n_ rii 11:.; :: 'jit 11: :. 
itrmti: ni ill 511:1 rreziii iiiiscs. 

1 iziplenen: izi inn n":n nixe: r_iie_ies 211 z:::zzzzt: ::: il 
departments; 

3 :i.n: ::ii:z:eii:;::::.i:-:.i:.::;:; i:..ii:::i;::i ::_-; 111 
:: :iiiz;e ;: iin 11; :t:~ 1 1;; lint -vi it : 

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Chap. 58 

city's government, including the school department; 

(6) review and approve or disapprove all proposed contracts for goods or services; 

(7) notwithstanding any general or special law to the contrary, establish, increase or 
decrease any fee, rate or charge, for any service, license, permit or other municipal activity, 
otherwise within the authority of the city; 

(8) appoint, remove, supervise and control all city employees and have control over 
all personnel matters; provided, that the board shall hold all existing powers to hire and fire 
and set the terms and conditions of employment held by other employees or officers of the 
city, whether or not elected; provided, further, that the board shall have the authority to 
exercise all powers otherwise available to a municipality regarding contractual obligations 
during a fiscal emergency; provided, further, that no city employee or officer shall hire, fire, 
transfer or alter the compensation or benefits of a city employee except with the written 
approval of the board; and provided further that the board may delegate or otherwise assign 
these powers with the approval of the secretary; 

(9) alter the compensation of elected officials of the city to reflect the fiscal 
emergency and changes in the responsibilities of the officials as provided by this act; 

(10) employ, retain and supervise such managerial, professional and clerical staff as 
are necessary to carry out its responsibilities; provided, however, that such employment, 
retention and supervisory decisions are subject to the approval of the secretary; provided, 
further, that the board, with the approval of the secretary, shall have authority to set the 
compensation, terms and conditions of employment of its own staff; provided, further, that 
the city shall annually appropriate amounts sufficient for the compensation of personnel hired 
under this clause as determined and fixed by the board; provided, further, that if the city fails 
to appropriate such amounts, the secretary shall direct the state treasurer to deduct the 
necessary funds from the city's distribution of unrestricted general aid and shall expend those 
funds directly for the benefit of the board; and provided, further, that staff hired under this 
subsection shall be deemed to be state employees, except such employees as the board 
formally designates independent contractors, and shall have benefits consistent with those 
of other state employees under the General Laws; provided, further, that chapters 3 1 and 
150E of the General Laws shall not apply to such employees; 

(11) reorganize, consolidate or abolish departments, commissions, boards, offices 
or functions of the city, in whole or in part, and to establish such new departments, 
commissions, boards, offices or functions as it deems necessary, and to transfer the duties, 
powers, functions and appropriations of 1 department, commission, board, office or other 
unit to another department, commission, board or office; 

(12) appoint, in consultation with the secretary, persons to fill vacancies on any 
board, committee, department or office acting in an advisory capacity to the board; 

(13) sell, lease or otherwise transfer real property and other assets of the city with the 
approval of the secretary; 

(14) purchase, lease or otherwise acquire property or other assets on behalf of the city 
with the approval of the secretary; 



176 



Chap. 58 

(15) adopt rules and regulations governing the operation and administration of the 
city; 

( 1 6) seek voter approval of general override, debt exclusion or capital expenditure 
exclusion ballot questions as provided in section 21 C of chapter 59 of the General Laws: 

(17) to approve the allocation of the tax levy through the selection of a residential 
factor under section 56 of chapter 40 of the General Laws; provided, however, that no choice 
of a residential factor under said section 56 shall be valid until it has been approved by the 
board; 

( 1 8) alter or rescind any action or decision of any municipal officer, employee, board 
or commission within 14 days after receipt of notice of such action or decision: 

(19) suspend, in consultation with the secretary any rules and regulations of the city 
and to adopt rules and regulations to cam" out this act: and 

(20) exercise all powers under the General Laws and this or any other special act. any 
charter provision or ordinance that any elected official of the city may exercise, acting 
separately or jointly : provided, however, that with respect to any such exercise of powers by 
the board, the elected officials shall not rescind or take any action contrary to such action by 
the board so long as the board continues to exist. 

SECTION 8 . ( a ) Notwithstanding any general or special law or city ordinance to the 
contrary, this section shall apply upon abolition of the overseer or a finance control board 
established under this act. 

(b) There shall be in the city a department of administration and finance which shall 
be responsible for the overall budgetary and financial administration of the city. The 
department shall be under the direction and control of the officer. The officer shall report 
to and be under the charge and direction of the mayor. Nothing in this section shall abrogate 
the powers and duties of the school committee under any general or special law. except as 
specifically pro\ided in this section. 

Whenever the term "department of budget and finance" appears in a general or 
special law or an ordinance, regulation, contract or other document with reference to the city, 
it shall mean the department of administration and finance of the city. Whenever the term 
"chief financial officer" or "director of budget and finance" appears in a general or special 
law or an ordinance, regulation, contract or other document with reference to the city, it shall 
mean the officer of the city. 

tc) (1) The mayor shall appoint the officer from a list of 3 names submitted by the 
secretary, for a term of not more than 3 years, as provided in this subsection. The officer 
shall be appointed solely on the basis of administrative and executive qualifications and shall 
be a person especially fitted by education, training and experience to perform the duties : : 
the office. The officer need not be a resident of the city. 

(2) When the office of officer is vacant or it is known that it will become vacant, the 
mayor shall initiate the selection process by gi\ing notice of the intention to establish a 
screening committee to review applicants for the position and shall send a copy of the notice 



177 



Chap. 58 

to each agency or officer responsible for appointing persons to serve on the screening 
committee. The mayor shall appoint the screening committee not earlier than 21 days after 
sending that notice. No screening committee shall be required if the mayor reappoints an 
incumbent officer. 

(3) The screening committee shall consist of 7 members: 1 of whom shall be 
appointed by the school committee; 1 of whom shall be appointed by the city council; 1 of 
whom shall be appointed by the secretary; and 4 of whom shall be appointed by the mayor, 
2 of whom shall be experts in municipal management. 

(4) The screening committee shall recommend to the mayor the names of not fewer 
than 2 nor more than 5 candidates whom the majority of the committee members believe to 
be best suited to perform the duties of the officer. If the screening committee determines that 
there are not at least 2 candidates qualified to perform the duties of the officer, the screening 
committee shall report to the mayor that it is unable to complete its assigned task, and the 
mayor shall direct the screening committee to reopen the search. 

(5) The mayor shall appoint 1 of the candidates recommended by the screening 
committee as the officer or, if the mayor finds that no candidate is qualified for the office, 
the mayor shall direct the screening committee to reopen the search. 

(d) While the process of appointing an officer under subsection (b) is proceeding, the 
mayor may appoint an acting officer. 

(e) If a loan issued under section 2 remains outstanding, the appointment, including 
an acting appointment, or removal of the officer shall not take effect until it has been 
approved in writing by the secretary. 

(f) The powers and duties of the officer shall include the following: 

(1) coordinating, administering and supervising all financial services and activities; 

(2) assisting in all matters related to municipal financial affairs; 

(3) implementing and maintaining uniform systems, controls and procedures for all 
financial activities in all departments, including the school department, boards, commissions, 
agencies, offices or other units of city government the operations of which have a financial 
impact upon the general fund and enterprise funds of the city, and including, but not limited 
to, maintaining all financial and accounting data and records; 

(4) implementing and maintaining uniform financial data processing capabilities for 
all departments, boards, commissions, agencies and offices; 

(5) supervising all financial data processing activities; 

(6) implementing and maintaining uniform budget guidelines and procedures within 
all departments, boards, commissions, agencies, offices and other units of city government; 

(7) assisting in the development and preparation of all department, board, 
commission, agency and office budgets and spending plans; 

(8) reviewing all proposed contracts to which the city is party and obligations with 
a term in excess of 1 year; 

(9) monitoring the expenditure of all city funds, including periodic reporting by and 
to appropriate agencies of the status of accounts; 



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Chap. 58 

(10) reviewing the spending plan for each department, board, commission, agency 
and office; and 

(11) providing for the allotment of funds on a periodic basis as provided for in this 
act. 

In all cases where the duty is not expressly charged to any other department, board, 
commission, agency or office, it shall be the duty of the officer to promote, secure and 
preserve the financial interests of the city. 

(g) All department, board, commission, agency and office budgets and requests for 
budget transfers shall be submitted to the officer for review and recommendation before 
submission to the mayor, city council or school committee, as appropriate. For each 
proposed appropriation order, lease or contract arrangement for a term, including more than 
1 fiscal year, collective bargaining agreement and with respect to any proposed city council 
vote necessary to effectuate a financial transfer, ordinance revision or special legislation 
which may require the expenditure of funds or otherwise financially obligate the city for a 
period in excess of 1 year, or with respect to a vote to authorize a borrowing under a law 
other than section 4, 6 or 6 A of chapter 44 of the General Laws, the officer shall, if it be the 
case, submit in writing to the mayor, city council or school committee, as appropriate, a 
certification that it is the officer's professional opinion, after an evaluation of all pertinent 
financial information reasonably available, that the city's financial resources and revenues 
are, and will continue to be, adequate to support such proposed expenditures or obligations 
without a detrimental impact on the continuous provision of the existing level of municipal 
services. If the officer fails to provide this certification within 7 days after a request for such 
certification from the mayor, city council or school committee, the appropriation order, 
financial transfer, ordinance revision, special legislation or borrowing authorization may 
nonetheless be approved, but the absence of the certification of the officer shall be expressly 
noted in that order or vote. 

(h) All departments, officers, boards, commissions, agencies and other units of the 
city, including the school department, shall submit budget requests to the mayor upon the 
schedule and in the form established by the officer. 

(i) Annually, not later than March 30, the officer shall submit a 4-year financial plan 
and a 5 -year capital plan to the city council that includes all capital needs of the city. 

(j) The board of assessors, treasurer-collector, budget director, comptroller, director 
of information technology, purchasing agent, director of human resources, labor relations 
director and employees performing similar duties but with different titles shall report to and 
be under the direction of the officer. The officer, with the approval of the mayor shall 
appoint all such officers and employees. The mayor may also place other positions and 
departments under the direction of the officer. 

(k) The officer shall not assume the duties or responsibilities of the 
treasurer-collector and shall not hold an elective office and shall devote the officer's full time 
and attention to the officer's duties. 



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Chap. 58 

(1) The city shall annually appropriate amounts sufficient for the proper 
administration of the department, as determined in writing by the secretary. If the city fails 
to appropriate such amounts, the secretary shall direct the state treasurer to deduct the 
necessary funds from the city's distribution of the city's unrestricted general aid and shall 
expend those funds directly for the benefit of the department. 

(m) The officer shall comply with all requests of the school department to provide 
any information relating to the operation of the school department held within the authority 
or control of the officer as the result of the consolidation of school and city business and 
financial functions under section 4. If the officer, or any employee under the control of the 
officer, refuses to provide such information or engages in unreasonable delay, the school 
department shall notify the secretary. The secretary shall, within a reasonable time, make a 
determination whether any such information shall be provided to the school department 
which shall be binding upon the officer and the school department. The secretary's 
determination shall not be an adjudicatory proceeding reviewable under chapter 30A of the 
General Laws. Nothing in this subsection shall abrogate any of the other powers or duties 
of the school committee under chapter 71 of the General Laws. 

(n) In any year in which a loan issued under section 2 remains outstanding, the 
officer shall submit to the director all reports required under section 5. 

SECTION 9. The city shall establish a capital reserve fund into which the city shall 
appropriate in each fiscal year beginning in fiscal year 2012 at least 1.5 per cent of the 
amount of property taxes committed for the preceding fiscal year. The fund may be 
appropriated only for purposes for which the city could borrow for 10 years or longer under 
chapter 44 of the General Laws. 

SECTION 10. (a) No official of the city, except in the case of an emergency 
involving the health and safety of the people or the people's property declared by the city 
council under section 3 1 of chapter 44 of the General Laws, shall knowingly expend or cause 
to be expended in any fiscal year any sum in excess of that official's departmental or other 
governmental unit's appropriation duly made in accordance with the law, nor commit the 
city, nor cause it to be committed, to any obligation for the future payment of money in 
excess of that appropriation, with the exception of court judgments. 

(b) An official who intentionally violates this section shall be personally liable to the 
city for any amounts expended in excess of an appropriation to the extent that the city does 
not recover such amounts from the person or persons to whom such amounts were paid. The 
superior court or a single justice of the supreme judicial court shall have jurisdiction to 
adjudicate claims brought by the city, or on the city's behalf by a finance control board 
established under this act, and to order relief that the court finds appropriate to prevent 
further violations of this section. A violation of this section shall be sufficient cause for 
removal. 

(c) For the purposes of this section, the word "official" shall mean a city department 
head, permanent, temporary or acting, including the superintendent of schools, and all mem- 



180 



Chap. 58 

bers of municipal boards, committees, including the school committee, and commissions 
which recommend, authorize or approve the expenditure of funds, and the word "emergency" 
shall mean a major disaster, including, but not limited to, flood, drought, fire, hurricane, 
earthquake, storm or other catastrophe, whether natural or otherwise, which poses an 
unexpected and immediate threat to the health and safety of persons or property. 

SECTION 10A. (a) If the board established by section 6 concludes that its powers 
are insufficient to restore fiscal stability to the city, it shall so notify the secretary, and shall 
forward to the secretary a statement of the reasons why it has been unable to restore fiscal 
stability to the city. Upon receipt of such statement, the secretary shall recommend to the 
governor that the governor file legislation immediately to terminate the existence of the 
board, notwithstanding section 6, and the secretary shall provide the governor with the 
recommended legislation under subsection (b). 

(b) The legislation provided by the secretary shall include but not be limited to:- 

(1) the appointment of a receiver who shall have all powers of the finance control 
board under section 7, which shall continue in the receiver and shall remain through the 
period of any receivership, the recommended term for the receivership and authorization for 
the secretary to, at any time and without cause, remove the receiver and appoint a successor 
or terminate the receivership; 

(2) the power to exercise any function or power of any municipal officer or 
employee, whether elected or otherwise, specifically including the following powers relative 
to building and zoning: 

(i) to order the laying out, locating anew or discontinuing of streets and ways within 
the city; 

(ii) to regulate the construction of buildings; 

(iii) to implement such changes to the city's zoning ordinance as are necessary; 
provided, however, that the zoning ordinance continues to promote public safety, health and 
welfare; provided, further, that no zoning change shall affect or interfere with the integrity 
of existing residential districts; provided, further, that no such proposed zoning changes shall 
restrict structures or uses lawfully existing or lawfully begun before the effective date of the 
zoning change; and 

(3) the power to file a petition in the name of the city under Chapter 9 of Title 1 1 of 
the United States Code, and to act on the city's behalf in any such proceeding; and 

(4) the abolition of the office of mayor and provide that the receiver shall exercise 
all the powers of the mayor under the General Laws, special laws, the city charter and 
ordinances; provided, however, that other elected officials of the city shall continue to be 
elected in accordance with the city charter, and shall serve solely in an advisory capacity to 
the receiver. 

The secretary shall determine the salary of the receiver, which salary shall be payable 
by the city. 

(c) The procedure for implementing changes in zoning ordinances as provided in 



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Chap. 58 

section 5 of chapter 40A of the General Laws shall not govern such changes in the city 
during the time the receiver is in operation. 

(d) The receiver shall not implement a zoning change until a public hearing has been 
held at which interested persons shall have an opportunity to be heard. The public hearing 
shall be held within 60 days after the date on which the board originally proposed the zoning 
change. Notice of the time and place of the public hearing, of the subject matter sufficient 
for identification, and of the place where texts and maps of the zoning change may be 
inspected shall be published in a newspaper of general circulation in the city once in each of 
2 successive weeks; with the first such publication taking place no fewer than 14 days before 
the day of the hearing. Notice of the public hearing shall also be posted in a conspicuous 
place in city hall for no fewer than 14 days before the day of the hearing. 

(e) Notice of a proposed zoning change under this section shall be sent to any 
nonresident property owner who files an annual request for such notice with the city clerk 
no later than January 1 for the upcoming year. The receiver shall establish a reasonable fee 
to cover the cost of providing these notices. 

SECTION 10B. Notwithstanding chapter 150E of the General Laws or any other 
general or special law to the contrary, a collective bargaining agreement entered into by the 
city or the school department after the effective date of this act shall be subject to the 
approval of the overseer or finance control board if the overseer or finance control board is 
in effect at the time. No collective bargaining agreement shall be approved under this section 
unless the overseer or finance control board provides written certification to the secretary that 
after an evaluation of all pertinent financial information reasonably available, the city's 
financial resources and revenues are, and will continue to be, adequate to support such 
collective bargaining agreement without a detrimental impact on the continuous provision 
of the existing level of municipal services. A decision, by the overseer or finance control 
board, to disapprove of a collective bargaining agreement under this section shall be made 
in a report to the parties; provided, however, that the report shall specify the disapproved 
portions of the agreement and the supporting reasons for the disapproval. 

SECTION 11. Notwithstanding any general or special law to the contrary, unless 
otherwise specified, the provisions of this act shall supersede any conflicting provisions of 
the city's charter or local ordinance. 

SECTION 12. This act shall take effect upon its passage. 

Approved, March 3 1 , 20 1 0. 



Chapter 59. AN ACT RELATIVE TO ELECTIONS FOR THE DENNIS WATER 
DISTRICT. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 9 of chapter 277 of the acts of 1945 or any 



182 



Chap. 59 

other general or special law to the contrary, if the boundaries of the town of Dennis and the 
Dennis Water District are identical on the date of the annual town election to be held 
May 1 1, 2010, and on the date of each annual town election thereafter, the town of Dennis 
shall elect by ballot in conjunction with the annual town election, district officers whose 
elections would otherwise have appeared on the ballot for a district election. Any questions 
as may be requested by the board of water commissioners shall also appear on the ballot at 
that election. The responsibility for the conduct of the election shall be vested in the officers 
of the town. 

SECTION 2. Notwithstanding said section 9 of said chapter 277 of the acts of 1 945 
or any other general or special law to the contrary, if the boundaries of the town of Dennis 
and the Dennis Water District are not identical on the date of the annual town election to be 
held May 1 1, 2010, or on the date of any annual town election thereafter, then the annual 
town election and the Dennis Water District election shall be held on the same date but by 
separate ballot. 

SECTION 3. This act shall take effect upon its passage. 

Approved, April 1, 2010. 



Chapter 60. AN ACT AUTHORIZING THE TOWN OF GREENFIELD TO 
GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL 
ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. 

Be it enacted, etc., as follows: 

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, 
the licensing authority of the town of Greenfield may grant an additional license for the sale 
of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 
to Asian Buffet of Greenfield Inc. located at 254 Mohawk trail. The license shall be subject 
to all of said chapter 138 except said section 17. The licensing authority shall not approve 
the transfer of the license to any other location but it may approve the transfer of the license 
to a new applicant at the same location if the applicant submits a letter from the department 
of revenue to the licensing authority indicating that the license is in good standing with the 
department and that all applicable taxes have been paid. 

(b) If the license granted under this act is cancelled, revoked or no longer in use, it 
shall be returned physically, with all of the legal rights, privileges and restrictions pertaining 
thereto, to the licensing authority which may then grant the license to a new applicant at the 
same location and under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 1, 2010. 



183 



Chapter 61. AN ACT AUTHORIZING THE TOWN OF GREENFIELD TO 
GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL 
ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. 

Be it enacted, etc., as follows: 

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, 
the licensing authority of the town of Greenfield may grant an additional license for the sale 
of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 
to Hole Pie, Inc., located at 21-23 Bank row. The license shall be subject to all of said 
chapter 138 except said section 17. The licensing authority shall not approve the-transfer of 
the license to any other location but it may approve the transfer of the license to a new 
applicant at the same location if the applicant submits a letter from the department of revenue 
to the licensing authority indicating that the license is in good standing with the department 
and that all applicable taxes have been paid. 

(b) If the license granted under this act is cancelled, revoked or no longer in use, it 
shall be returned physically, with all of the legal rights, privileges and restrictions pertaining 
thereto, to the licensing authority which may then grant the license to a new applicant at the 
same location and under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 1, 2010. 



Chapter 62. AN ACT AUTHORIZING THE LEASE OF CERTAIN 
AGRICULTURAL LAND IN THE TOWN OF WESTFORD. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Westford, acting by and through its conservation commission, may lease a portion of the 
Day Agricultural and Conservation land, shown on Westford assessors' map 26 as parcel 37, 
for agricultural purposes for not more than 10 years. The lease shall be subject to 
subsections (a), (b) and (g) of section 16 of chapter 30B of the General Laws and shall be on 
such terms and conditions as the conservation commission may determine. No lease 
agreement shall be valid unless it provides that the property shall be used solely for 
agricultural purposes. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 1, 2010. 



Chapter 63. AN ACT ESTABLISHING A SICK LEAVE BANK FOR CANDACE 
CABEY, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
184 



Chap. 63 

is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Candace Cabey, an employee of the trial court. 
Any employee of the trial court may voluntarily contribute 1 or more sick, personal or 
vacation days to the sick leave bank for use by Candace Cabey. Whenever Candace Cabey 
terminates employment with the trial court or requests to dissolve the sick leave bank, any 
remaining time in the sick leave bank shall be transferred to the trial court paid leave bank. 
Sick leave bank days shall not be used for absences unrelated to the illness or disability that 
necessitated the establishment of the sick leave bank as determined by the trial court. 

Approved, April 1, 2010. 



Chapter 64. AN ACT AUTHORIZING THE TOWN OF MEDWAY TO CONTINUE 
THE EMPLOYMENT OF FIRE CHIEF PAUL L. TRUFANT. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding chapter 32 of the General Laws or any other general 
or special law, rule or regulation to the contrary, Paul L. Trufant, chief of the fire department 
of the town of Medway, may continue in that position until June 30, 2012, notwithstanding 
the fact that he has attained the maximum age for that position, provided that he is physically 
and mentally capable of performing the duties of his office. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 1, 2010. 



Chapter 65. AN ACT AUTHORIZING THE LEASE OF LAND TO YACHT 
CLUBS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the lease of property used by non-profit yacht clubs and other 
non-profit organizations operating boating programs, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 



185 



Chap. 65 

SECTION 1. Notwithstanding sections 40E to 401 inclusive, of chapter 7 of the 
General Laws or any other general or special law to the contrary, the commissioner of capital 
asset management and maintenance may, in consultation with the commissioner of 
conservation and recreation, lease or enter into other agreements for a term not to exceed 30 
years with an organization currently operating a yacht club or other boating facility on public 
park land under the care and control of the department of conservation and recreation for the 
land and appurtenances associated therewith used by the yacht club or boating organization 
as shown in existing records of the department. This authorization shall only apply to the 
following yacht clubs and other boating organizations and facilities: the Union Boat Club in 
the city of Boston; the Cambridge Boat Club in the city of Cambridge; the Riverside Boat 
Club in the city of Cambridge; the Buckingham, Browne & Nichols Boat House in the city 
of Cambridge; the Massachusetts Institute of Technology Boat House in the city of 
Cambridge; the Belmont Hill/Winsor Boat House in the city of Cambridge; the Tufts 
University Boat Club in the city of Medford; the Harvard Sailing Pavilion in the city of 
Cambridge; the Boston University Sailing Pavilion in the city of Boston; the Massachusetts 
Institute of Technology Sailing Pavilion in the city of Cambridge; the Puritan Canoe Club 
in the city of Boston; the Neponset Valley Yacht Club in the town of Milton; the Wollaston 
Yacht Club in the city of Quincy; the Squantum Yacht Club in the city of Quincy; the South 
Shore Yacht Club in the city of Weymouth; the Charlesgate Yacht Club in the city of 
Cambridge; the Charles River Yacht Club in the city of Cambridge; the Newton Yacht Club 
in the city of Newton; the Columbia Yacht Club in the city of Boston; the South Boston 
Yacht Club in the South Boston section of the city of Boston; the Riverside Yacht Club in 
the city of Medford; the Medford Boat Club in the city of Medford; the Mystic Wellington 
Yacht Club in the city of Medford; the Watertown Yacht Club in the city of Watertown; the 
East Boston Yacht Club in the East Boston section of the city of Boston; the Dorchester 
Yacht Club in the Dorchester section of the city of Boston; the Boston Harbor Yacht Club 
in the city of Boston; the Blessing of the Bay Boat House in the city of Somerville; the 
Winter Hill Yacht Club in the city of Somerville; and the Boston University De Wolfe Boat 
House in the city of Cambridge. Before entering into a lease or other agreement under this 
section the commissioner of capital asset management and maintenance shall, in consultation 
with the commissioner of the department of conservation and recreation, determine the exact 
boundaries of each parcel after completion of a survey. 

There shall be, at the discretion of the division of capital asset management and 
maintenance in accordance with the original contract terms and conditions or contract terms 
and conditions more favorable to the commonwealth, an option for extension of the lease or 
other agreement for 5 years. 

SECTION 2. Notwithstanding sections 40E to 401, inclusive, of chapter 7 of the 
General Laws or any other general or special law, rule or regulation to the contrary, the leases 
or other agreements executed under section 1 shall be on terms and conditions and 
consideration acceptable to the commissioner of capital asset management and maintenance 
after consultation with the commissioner of conservation and recreation; provided, however, 



186 



Chap. 65 

that said lease or other agreement shall provide, without limitation, that: (i) the lessees shall 
manage, operate, improve, repair and maintain the land and appurtenances associated 
therewith during the term of the lease; (ii) the lessee shall carry comprehensive general 
liability insurance naming the commonwealth as a co-insured, protecting the commonwealth 
against all claims for personal injury or property damage arising from land and appurtenances 
associated therewith during the term of the lease; (iii) the lessee shall provide appropriate 
public access to public park land; (iv) the lessee shall be responsible for outreach and 
stewardship; and (v) the lessee shall not design or construct any facilities on the parcel 
without the written approval of the commissioner of capital asset management and 
maintenance and the commissioner of conservation and recreation; provided, however, that 
the commissioner of capital asset management and maintenance and the commissioner of 
conservation and recreation shall not approve any design or construction project under this 
section unless the commissioners have determined that the lessee has sufficient financial 
resources to complete the project. In determining the consideration for any lease or other 
agreement pursuant to this section, the commissioner of capital asset management and 
maintenance, in consultation with the commissioner of conservation and recreation, shall 
develop a methodology for setting a fair rental payment and with due regard to the criteria 
used by the department of conservation and recreation for setting existing permit fees for 
yacht and boating facilities identified in section 1 . If a specific lessee does not agree with 
the rental payment methodology, then the consideration for the lease of that specific parcel 
shall be the full and fair market value of the parcel as determined by the commissioner of 
capital asset management and maintenance, in consultation with the commissioner of 
conservation and recreation, under 1 or more independent professional appraisals contracted 
by the division. 

SECTION 3. The lease or other agreement shall be prepared in accordance with 
generally accepted real estate principles and policies of the division of capital asset 
management and maintenance. The inspector general shall review and approve the lease or 
other agreement, and his review shall include an examination and approval of the 
methodology used to determine the consideration for each lease. The commissioner shall, 
30 days before the execution of a lease or other agreement authorized under this act, submit 
the lease to the inspector general for review. The inspector general shall prepare a report of 
the review of the lease or other agreement and consideration of the methodology and file the 
report with the commissioner of capital asset management and maintenance, the 
commissioner of conservation and recreation, the house and senate committees on ways and 
means and the chairmen of the joint committee on state administration and regulatory 
oversight at least 1 5 days before the execution of the lease or other agreement. All 
consideration received under a lease or other agreement executed pursuant to this act shall 
be deposited in the General Fund. 

SECTION 4. Each lessee shall be responsible for all costs and expenses, including, 
but not limited to, costs associated with any engineering, surveys, appraisals and lease prep- 
aration related to the lease or other agreement authorized under this act; provided, however, 



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that the costs may be determined by the commissioner of capital asset management and 
maintenance. 

SECTION 5. Notwithstanding any general or special law or rule or regulation 
relating to the advertising, bidding or award of contracts, to the contrary, the procurement 
of services or to the construction and design of improvements shall not be applicable to a 
lessee under this act. 

SECTION 6. Notwithstanding any other general or special law to the contrary, if a 
property described in section 1 ceases to be used at any time for the public purposes 
described in this act, or used for any purpose other than the public purposes stated in this act, 
the commissioner of capital asset management and maintenance shall give written notice to 
the lessee of the unauthorized use. The lessee shall, upon receipt of the notice, have 30 days 
to respond and a reasonable time to establish an authorized use of the parcel. If an 
authorized use of the parcel is not thereafter established, the lease shall terminate. 

Approved, April 1, 2010. 



Chapter 66. AN ACT AUTHORIZING THE TOWN OF NORTH ANDOVER TO 
GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL 
ALCOHOLIC BEVERAGES NOT TO BE DRUNK ON THE 
PREMISES. 

Be it enacted, etc., as follows: 

Notwithstanding section 17 of chapter 138 of the General Laws, the licensing 
authority of the town of North Andover may grant to Virginia, Inc., d/b/a J & M Convenience 
Store & Deli located at 701 Salem street a license for the sale of all alcoholic beverages not 
to be drunk on the premises under section 1 5 of said chapter 138. The license shall be subject 
to all of said chapter 138 except said section 17. 

The licensing authority of the town of North Andover shall not approve the transfer 
of the license to any other location but it may grant the license to a new applicant at the same 
location if the applicant files a letter from the department of revenue indicating that the 
license is in good standing with the department and that all applicable taxes have been paid. 

If the license granted under this section is cancelled, revoked or no longer in use, it 
shall be returned physically, with all of the legal rights, privileges and restrictions pertaining 
thereto, to the licensing authority and the licensing authority may then grant the license to 
a new applicant at the same location under the same conditions as specified in this act. 

Approved, April 1, 2010. 



188 



Chapter 67. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE CITY OF 
FALL RIVER AS THE LOUIS PHILLIP GAGNE JR. BRIDGE. 

Be it enacted, etc., as follows: 

The bridge located on Jefferson street spanning route 24 in the city of Fall River shall 
be designated and known as the Louis Phillip Gagne Jr. Bridge. The Massachusetts 
Department of Transportation shall erect and maintain suitable markers bearing the 
designation in compliance with the standards of the department. 

Approved, April 1, 2010. 



Chapter 68. AN ACT AUTHORIZING THE TOWN OF WINCHENDON TO 
CONTINUE THE EMPLOYMENT OF ALLEN J. LAFRENNIE AS 
FIRE CHIEF. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, Allen J. 
Lafrennie, chief of the fire department of the town of Winchendon may continue in the 
position until June 30, 2012; provided, however, that Allen J. Lafrennie is mentally and 
physically capable of performing the duties of the position. If requested, Allen J. Lafrennie 
shall, at his own expense, be examined by an impartial physician designated by the town to 
determine his capacity. No further deductions shall be made from the regular compensation 
of Allen J. Lafrennie under chapter 32 of the General Laws for service subsequent to 
February 28, 2010 and upon retirement Allen J. Lafrennie shall receive a superannuation 
retirement allowance equal to that which he would have been entitled had he retired on 
February 28, 2010. 

SECTION 2. This act shall take effect as of February 28, 2010. 

Approved, April 1, 2010. 



Chapter 69. AN ACT ESTABLISHING THE POSITION OF TOWN CLERK IN 
THE TOWN OF CHARLEMONT. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law, rule or regulation to the 
contrary, there shall be established in the town of Charlemont the office of town clerk, and 
the town clerk shall be appointed by a majority vote of the board of selectmen for a term to 
be determined by said board. The board of selectmen shall set the compensation of the town 



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Chap. 69 

clerk, not to exceed the amount appropriated by the town meeting, and shall establish the 
duties of the town clerk. The board of selectmen may remove the town clerk by the majority 
vote of the entire board. If any provision of this act conflicts with a provision of a special 
act, by-law or rule or regulation of the town, the provisions of this act shall govern. 

SECTION 2. Notwithstanding section 1, the incumbent in the office of town clerk 
upon the effective date of this act shall continue to hold that office and perform the duties 
thereof until the expiration of the term for which he was elected and the appointment and 
qualification of a successor, or until the incumbent otherwise vacates the office. 

Approved, April 1, 2010. 



Chapter 70. AN ACT ESTABLISHING THE SANDWICH ECONOMIC 
INITIATIVE CORPORATION. 

Be it enacted, etc., as follows: 

SECTION 1. As used in this act the following words shall have the following 
meanings unless the context clearly requires otherwise: 

"Board of directors", the managing body of the corporation appointed pursuant to 
section 9. 

"Board of selectmen", the duly elected board of selectmen of the town of Sandwich. 

"Corporation", the Sandwich Economic Initiative Corporation established in 
section 3. 

"Development project", (1) a project to be undertaken in furtherance of the purposes 
of this act for acquisition or leasing by the corporation of land and improvements thereon and 
the development of such property; (2) a project to be undertaken in furtherance of the 
purposes of this act for the rehabilitation or conservation of property or for the demolition, 
removal, rehabilitation or addition of improvements whenever necessary to carry out the 
purposes of this act; (3) a project entailing the construction, improvement or rehabilitation 
of infrastructure, public facilities or both in furtherance of this act; or (4) a project involving 
a combination of the foregoing types of projects; provided, however, that a development 
project may include improvements necessary for carrying out the objectives of the project 
together with such site improvements as are necessary for the preparation of any site for uses 
in accordance with locally-approved development plans and for making any land or 
improvements acquired in the area of the project available for redevelopment or rehabili- 
tation by private enterprise, including the sale, initial leasing or retention by the corporation 
for industrial, commercial, business, manufacturing or residential uses contemplated by a 
development plan; provided further, that a development project may include the construction 
by the corporation of any of the buildings, structures or other facilities for industrial, 
commercial, business, manufacturing or residential uses contemplated by a development plan 
and the repair, removal or rehabilitation by the corporation of any of the buildings, structures 



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Chap. 70 

or other facilities located in a development area which are to be repaired, moved or 
rehabilitated. A development project may also include a preservation project where limited 
development of land to be preserved primarily for conservation, farming, forestry, recreation 
or open space uses may be carried out by the corporation in order to finance the cost of 
acquiring the land and improvements thereon. 

"Financial institution", a banking corporation or institution, trust company, savings 
bank, cooperative bank, savings and loan association, insurance company or related corporate 
partnership, foundation, or other institution engaged primarily, in lending or investing funds. 

"Town", the town of Sandwich. 

"Town manager", the duly-appointed town manager of the town. 

"Town meeting", the legislative body of the town consisting of the qualified voters 
of the town acting in a lawfully convened session. 

SECTION 2. (a) There shall be a body politic and corporate to be known as the 
Sandwich Economic Initiative Corporation. The corporation shall be a public instrumentality 
separate from the town and shall not be an authority, board or committee of the town. The 
corporation may carry out the provisions of this act and the exercise of the powers conferred 
by this act shall be considered the performance of essential public and governmental 
functions. 

(b) The corporation shall promote the redevelopment and reuse of unused, 
underused, undeveloped and underdeveloped areas and promote the common good and 
general welfare of the town to improve the living standards of its citizens by fostering the 
improvement of their employment opportunities and to solicit, encourage and induce 
business organizations and educational institutions to locate in the town with an emphasis 
on expanding the tax base of the town. The corporation shall assist in and promote the 
development and expansion of business activities and business organizations in the town. 
Development projects undertaken by the corporation shall be consistent with any master plan 
adopted by the Sandwich planning board pursuant to section 81D of chapter 41 of the 
General Laws or a local comprehensive plan adopted by the town pursuant to section 9 of 
chapter 716 of the acts of 1 989 and in effect when the project is commenced. In furtherance 
of its corporate purposes, the corporation shall, subject to the restrictions and limitations 
hereinafter provided, have the following powers: 

(1) to sue and be sued in its own name, to plead and to be impleaded; 

(2) to adopt by-laws and rules for the regulation of its affairs and the conduct of its 
business and to amend those by-laws and rules; 

(3) to make and enter into all contracts and agreements necessary or incidental to the 
performance of its duties; provided, however, that the procurement of supplies and services 
by the corporation shall be subject to chapter 3 OB of the General Laws; 

(4) subject to clause (29), to receive and accept from any federal agency, the 
commonwealth or any political subdivision thereof any grants, loans or advances for or in 
aid of development projects and to receive and accept contributions from any other source 



191 



Chap. 70 

of money, property, labor or other things of value, to be held, used and applied for the 
purposes for which these grants, loans, advances and contributions may be made; 

(5) to invest any funds not required for immediate use or disbursement in certificates 
of deposit or in obligations of the government of the United States or in obligations 
guaranteed by the government of the United States and, subject to a specific vote of the board 
of directors, to invest funds in any manner in which municipal funds may be invested 
pursuant to chapter 44 of the General Laws; 

(6) to own and manage real property; 

(7) to make relocation payments to persons and businesses displaced as a result of 
carrying out a development project under this act, in accordance with chapter 79 A of the 
General Laws; 

(8) to provide advisory services and technical assistance necessary or desirable to 
carry out this act; 

(9) to prepare or cause to be prepared plans, designs, drawings, specifications and 
estimates of costs for the construction, reconstruction, development, redevelopment, 
rehabilitation, remodeling, alteration or repair of development projects and, from time to 
time, to modify these plans, designs, drawings, specifications and estimates; 

(10) to designate property for development and preservation projects; provided, 
however, that if the property is owned by the town, the designation shall have the approval 
of the town meeting; 

(11) to procure insurance against any loss in connection with its property, other 
assets and operations; 

(12) to arrange or contract with the town for the planning, preplanning, opening or 
closing of streets, roads, alleys or other places or for the furnishing of facilities or for the 
acquisition by the town of property or property rights or for the furnishing of property or 
services in connection with a development project; 

(13) to manage or lease a development project, whether owned or leased by the 
corporation, and to enter into agreements with the commonwealth or the town or an agency 
or instrumentality thereof, or with a person, firm, partnership or corporation whether public 
or private, for the purposes of causing any development project to be managed; 

(14) to establish subsidiary or affiliate legal entities convenient or necessary to 
advance this act; 

(15) to establish and collect fees for the use of any property owned or leased by the 
corporation, or for the provision of infrastructure, facilities, services and amenities; 

(16) to act with respect to a development project as a corporation organized under 
chapter 121 A of the General Laws; 

(17) to borrow money to aid in the construction of equipment required by the 
commonwealth or the United States to abate air or water pollution; 

(1 8) to borrow money to aid in the construction of public facilities, infrastructure and 
utilities necessary for economic development; 



192 



Chap. 70 

(19) to apply to the federal government or to the commonwealth for housing or 
economic development assistance grants to carry out approved economic development 
projects, to receive and administer these grants, to contract with the commonwealth for 
financial assistance, to apply for and receive advances for the estimated costs of surveys and 
plans and administrative expenses in preparation for economic development projects and to 
apply for, receive and administer community development action grants, all to the same 
extent and subject to the same terms and conditions as an urban renewal agency pursuant to 
sections 53 to 5 7 A, inclusive, of chapter 121B of the General Laws; 

(20) to do all acts and things necessary or convenient to carry out the powers 
expressly granted in this act; 

(21) to employ consulting engineers, an executive director, superintendents, 
managers and other employees, agents and consultants as it deems necessary and to fix their 
compensation; 

(22) to accept, acquire other than by eminent domain, receive and hold by bequest, 
devise, grant, gift, purchase, exchange, lease, transfer, judicial order or decree or otherwise, 
for any of its objects and purposes, any property, both real and personal, from any source, 
including grants, loans or advances for or in aid of the corporation from any federal agency 
or the commonwealth or any political subdivision thereof; 

(23) to sell, convey, mortgage, lease, transfer, exchange or otherwise dispose of any 
property, real or personal, as the objectives and purposes of the corporation may require and 
subject to any limitations prescribed by law including, without limitation, the requirements 
of section 16 of chapter 3 OB of the General Laws; 

(24) to borrow money and, from time to time, to make, accept, endorse, execute and 
issue bonds, debentures, promissory notes, bills of exchange and other obligations of the 
corporation for monies borrowed or in payment for property acquired or for any of the other 
purposes of the corporation and to secure the payment of these obligations by mortgage, 
pledge, deed, indenture, agreement or other instrument of trust, or by lien upon, assignment 
of or agreement in regard to all or any part of the corporation's property, rights or privileges, 
whether now owned or later acquired; 

(25) to make loans to any person, firm, corporation, joint stock company, association 
or trust located or doing business in the town or proposing a development project within the 
town for the purposes of promoting and developing business activities; 

(26) to acquire improved and unimproved real estate for the purposes of developing, 
demolishing, constructing or reconstructing commercial, industrial, residential, institutional 
or other establishments thereon, or for developing, redeveloping or constructing public 
facilities, or for the purpose of disposing of such real estate to others for the development, 
redevelopment, demolition, construction, operation or management of commercial, 
industrial, residential, institutional or other establishments or for public facilities, as the 
objects and purposes of the corporation may require; provided, however, that nothing in this 
act shall be construed to grant to the corporation the power of eminent domain; and provided 



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Chap. 70 

further, that acquisition of land from the town of Sandwich shall not be subject to section 16 
of chapter 30B of the General Laws and shall only be authorized by a two-thirds vote of town 
meeting; 

(27) to acquire, demolish, construct, reconstruct, alter, maintain, sell, convey, 
transfer, mortgage, pledge or otherwise dispose of commercial, industrial, residential or 
business establishments or other property as the objects and purposes of the corporation may 
require; provided, however, that the corporation may enter into contracts, in conformance 
with chapter 149 of the General Laws, for the construction, reconstruction, installation, 
demolition, maintenance or repair of any public building or public work without such 
contract being subject to the designer selection process as set forth in sections 38AV2 to 380, 
inclusive, of chapter 7 of the General Laws; and provided further, that construction projects 
undertaken by the corporation shall be subject to all federal, state and local laws, by-laws, 
rules and regulations governing such development including, without limitation, the 
Sandwich protective zoning by-law; 

(28) to acquire, subscribe for, own, hold, sell, assign, transfer, mortgage, pledge or 
dispose of the bonds, debentures, notes or other securities and evidences of interest in or 
indebtedness of any person, firm, corporation, joint stock company, association or trust, and, 
while the owner or holder thereof, to exercise all the rights, powers and privileges of 
ownership; 

(29) to cooperate with and avail itself of the facilities and programs of various 
governmental agencies including, but not limited to, those of the small business development 
corporation, the Massachusetts office of business and development, the United States 
Department of Commerce, the New England Regional Commission and any similar 
governmental agencies; provided, however, that the corporation shall notify the town 
manager of all grant applications not less than 10 business days prior to the submission of 
such applications by the corporation; and provided further, that the corporation shall not 
submit a grant application if the town manager informs the corporation that the town will be 
submitting a competing application for the same grant; 

(30) to receive stocks, bonds, donations and gifts and to otherwise raise money for 
the corporation purposes; and 

(31) to promote the town as a retail, commercial, industrial, professional and 
financial center. 

(c) The corporation shall not participate or intervene in any political campaign on 
behalf of any candidate for public office or publish or distribute any statements with respect 
thereto. Notwithstanding any other provision of this act, neither the members, directors, 
officers, nor the corporation shall participate in any prohibited transactions, as defined in 
section 503 of the Internal Revenue Code, nor shall the corporation accumulate income or 
engage in any activities if the accumulation of income or the activities so engaged in are, or 
would be, within the prohibitions of section 504 of said Internal Revenue Code, nor shall the 
corporation be operated at any time for the primary or sole purpose of carrying on a trade or 



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Chap. 70 

business for profit. Subject to the limitations set forth in chapter 55 of the General Laws, the 
corporation may advocate for the passage or defeat of a state or local ballot question. 

SECTION 3. The principal office of the corporation shall be located in the town of 
Sandwich. 

SECTION 4. The corporation shall not be subject to chapter 63 of the General Laws, 
nor shall the corporation be liable for any taxes based upon or measured by income. The 
securities and evidences of indebtedness issued by the corporation shall be free from taxation 
by the commonwealth. 

SECTION 5. In order to carry out the purposes of this act and exercise the powers 
of the corporation, the town may raise and appropriate, or may borrow in aid of the 
corporation, such sums as may be necessary to make a loan or grant to the corporation. The 
town shall not incur any financial obligation to the corporation or resulting from any action 
of the corporation absent a two-thirds vote of town meeting. 

SECTION 6. The corporation shall be deemed a governmental body for purposes 
of section 23 A of chapter 39 of the General Laws and shall be subject to section 10 of 
chapter 66 of the General Laws. 

SECTION 7. Notwithstanding any general or special law to the contrary or any 
provision in their respective charters, agreements of associations, articles of organization or 
trust indentures, domestic corporations organized for the purpose of carrying on business 
within the commonwealth including, without implied limitation, electric companies or gas 
companies as defined in section 1 of chapter 164 of the General Laws, railroad corporations 
as defined in section 1 of chapter 1 60 of the General Laws, financial institutions, trustees and 
the town may acquire, purchase, hold, sell, assign, transfer or otherwise dispose of any 
bonds, securities or other evidences of indebtedness of the corporation and may make 
contributions to the corporation, all without the approval of any regulatory authority of the 
commonwealth. 

A contribution made under this section to the corporation shall be in addition to 
contributions authorized by section 1 2C of chapter 1 55 of the General Laws and by any other 
general or special law. 

SECTION 8. The corporation shall be managed by a board of directors which shall 
consist of 9 voting members, each serving for terms of 3 years. The board of selectmen shall 
make the initial appointments to the board of directors. Initial appointments shall be for 
staggered terms of 1 , 2, and 3 years so that an even number of seats as possible shall be 
subject to reappointment in subsequent years. In making the initial appointments, the board 
of selectmen shall designate, as to each appointment, the seat being filled as set forth herein. 
Thereafter, membership on the board of directors shall be determined as follows: the 
Sandwich board of selectmen shall choose 3 directors, including 1 director from the persons 
among the current membership of the board of selectmen, 1 director from the general 
citizenry of the town of Sandwich and 1 director from those individuals, entities or organi- 
zations engaged in nonprofit enterprises in the town of Sandwich; the Sandwich chamber of 



195 



Chap. 70 

commerce shall choose 1 director; and the board of directors shall choose 5 directors from 
the general citizenry of the town of Sandwich who have education and experience in the 
fields of economic development, finance, real estate, retail and related business activities. 
The power to appoint such directors shall include the power to fill vacancies for those 
directors. 

Each member shall be sworn to the faithful performance of his official duties as a 
member of the board of directors. A majority of the 9 members shall constitute a quorum 
for the transaction of business; provided, however, that any action of the board qf directors 
shall require the affirmative vote of a majority of the entire board. 

A member of the board of directors may be removed for cause after a hearing by a 
majority vote of all of the members of the board of selectmen and the remaining members 
of the board of directors. The members of the board of directors shall be deemed to be 
special municipal employees for the purposes of chapter 268 A of the General Laws. 

There shall be elected by the board of directors from among its members a president, 
treasurer, secretary /clerk and any other officers as may be considered necessary by the board. 

The members of the board of directors shall not receive compensation for the 
performance of their duties under this act, but each member may be reimbursed by the 
corporation for expenses actually incurred in the performance of his duties. 

SECTION 9. The board of directors shall adopt a corporate seal for the corporation 
and designate the custodian thereof. The board of directors shall cause accurate accounts to 
be kept of all receipts and expenditures of the funds of the corporation and shall make a 
report annually to the board of selectmen, containing an abstract of such accounts and 
detailed information of all receipts and expenditures, including prices paid for property 
acquisitions, contracts for construction of facilities and for the leasing thereof and such other 
detailed information as may be helpful. Upon request of the board of selectmen, the 
corporation shall make available to the town its books and records and shall cooperate with 
the finance committee of the town in any investigation of the books and records of the 
corporation by the finance committee or its designee. The corporation shall cause an audit 
of its books and accounts to be made biannually by certified public accountants and the cost 
thereof shall be treated as a current expense. Except as otherwise provided in this act, the 
corporation shall have the full power to exercise care of its property and the management of 
its business and affairs. The treasurer shall give bond for the faithful performance of his 
duties, with a surety company authorized to do business in the commonwealth as surety, in 
such sum as the board of directors may determine, the premium of which shall be paid by the 
corporation. 

SECTION 10. The corporation, from time to time, may provide by resolution for 
the issuance of revenue bonds of the corporation for the purposes of paying all or any part 
of the cost of a development project or projects. The principal of and interest on the bonds 
shall be payable solely from the funds herein provided for the payment. The bonds of each 
issue shall be dated, shall bear interest at the rates and shall mature at the time or times not 



196 



Chap. 70 

exceeding 20 years from their date or dates, as determined by the corporation, and may be 
redeemable before maturity, at the option of the corporation, at the price or prices and under 
the terms and conditions fixed by the corporation before the issuance of the bonds. The 
corporation shall determine the form of the bonds, including any interest coupons to be 
attached thereto, and the manner of execution of the bonds, and shall fix the denominations 
of the bonds and the places of payment of principal and interest, which may be at any bank 
or trust company within the commonwealth. If an officer whose signature or a facsimile 
thereof shall appear on any bonds or coupons shall cease to be an officer before the delivery 
of the bonds, the signature or facsimile shall be valid and sufficient for all purposes as if that 
officer had remained in office until the delivery. The bonds may be issued in coupon or 
registered form or both, as the corporation may determine, and provision may be made for 
the registration of any coupon bonds as to principal alone and also as to both principal and 
interest. The corporation may sell the bonds in a manner and for a price, either at public or 
private sale, as it may determine to be in the best interests of the corporation. 

The proceeds of the bonds shall be used solely for the payment of the cost of a 
development project and shall be disbursed in a manner and with such restrictions as the 
corporation may provide. Before the preparation of definitive bonds, the corporation may, 
under like restrictions, issue interim receipts or temporary bonds, with or without coupons, 
exchangeable for definitive bonds when the bonds have been executed and are available for 
delivery. The corporation may also provide for the replacement of any such bonds which 
become mutilated, destroyed or lost. Revenue bonds may be issued under this act subject 
only to those proceedings, conditions or things which are specifically required by this act. 

The corporation may provide by resolution for the issuance of revenue refunding 
bonds of the corporation for the purpose of refunding any revenue bonds then outstanding 
and issued under this act, including the payment of any redemption premium thereon on any 
interest accrued or to accrue to the date of redemption of the bonds and, if deemed advisable 
by the corporation, for the additional purposes of construction or reconstruction and 
extensions or improvements of the development project. The issue of the bonds, the 
maturities and other details thereof, the rights of the holders thereof and the duties of the 
corporation relative thereto shall be governed by this act insofar as it is applicable. 

While any bonds issued by the corporation remain outstanding, the powers, duties or 
existence of the corporation shall not be diminished or impaired in any way that will 
adversely affect the interests and rights of the holders of the bonds. 

Revenue and revenue refunding bonds issued under this act unless otherwise 
authorized by law, shall not constitute a debt of the commonwealth or the town, or a pledge 
of the full faith and credit of the commonwealth or the town, but the bonds shall be payable 
solely from the funds herein provided therefor from revenues generated by the corporation. 
If the corporation, the town or commonwealth is not obliged to pay the revenue or revenue 
refunding bonds, all the revenue and revenue refunding bonds shall contain on the face 
thereof a statement to the effect that neither the corporation nor the commonwealth nor the 
town shall be obliged to pay the same or the interest thereon except from revenues, and that 



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Chap. 70 

neither the faith and credit nor taxing power of the commonwealth or of the town is pledged 
to the payment on the bonds. 

All revenue and revenue refunding bonds issued under this act shall have all the 
qualities and incidents of negotiable instruments as defined in section 3-104 of chapter 106 
of the General Laws. 

SECTION 11. In the discretion of the corporation, the revenue bonds or revenue 
refunding bonds may be secured by a trust agreement by and between the corporation and a 
corporate trustee, which may be a trust company or bank having the powers, of a trust 
company within the commonwealth. The trust agreement may pledge or assign the revenues 
to be received, but shall not convey or mortgage any development project or part thereof. 

Either the resolution providing for the issuance of bonds or the trust agreement may 
contain provisions for protecting and enforcing the rights and remedies of the bondholders 
including, without limitation, provisions defining defaults and providing for remedies in the 
event thereof, which may include the acceleration of maturities, and covenants setting forth 
the duties of and limitations on the corporation in relation to the acquisition, construction, 
improvement, enlargement, alteration, equipping, mrnishing, maintenance, operation, repair, 
insurance and disposition of property, the custody, safeguarding, investment and application 
of moneys, the use of any surplus bond or note proceeds and the establishment of reserves. 
The resolution or trust agreement may also contain covenants by the corporation in relation 
to: 

(1) the establishment, revision and collection of rents and charges for services of 
facilities furnished or supplied by the corporation that provide revenues sufficient with other 
revenues of the development project, if any, to pay: (i) the cost of maintaining, repairing and 
operating the development project and of making renewals and replacements in connection 
therewith; (ii) the principal of and the interest on the revenue bonds as they become due and 
payable; (iii) payments in lieu of taxes, betterment and special assessments; and (iv) reserves 
for such purposes; 

(2) the purposes for which the proceeds of the sale of the bonds will be applied and 
the use and disposition thereof; 

(3) the use and disposition of the gross revenues of the corporation from the 
development project, any additions thereto and extensions and improvements thereof, 
including the creation and maintenance of funds for working capital and for renewals and 
replacements to the development project; 

(4) the amount, if any, of additional revenue bonds payable from the revenues of the 
development project and the limitations, terms and conditions on which the additional 
revenue bonds may be issued; and 

(5) the operation, maintenance, management, accounting and auditing of the 
development project and the income and revenues of the corporation. 

A bank or trust company incorporated under the laws of the commonwealth may act 
as depository of the proceeds of the bonds or revenues and may furnish indemnifying bonds 



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Chap. 70 

or pledge securities as required by the corporation. The trust agreement may set forth the 
rights and remedies of the bondholders and the trustees and may restrict the individual right 
of action by bondholders as is customary in trust agreements or trust indentures securing 
bonds and debentures of corporations. The trust agreement may contain other provisions as 
the corporation considers reasonable and proper for the security of the bondholders. All 
expenses incurred in carrying out the trust agreement may be treated as a part of the cost of 
the operation of the development project. The pledge by any trust agreement or resolution 
shall be valid and binding from the time when the pledge is made, the revenues or other 
moneys so pledged and then held or later received by the corporation shall immediately be 
subject to the lien of the pledge without any physical delivery thereof or further act and the 
lien of the pledge shall be valid and binding against all parties having claims of any kind in 
tort, contract or otherwise against the corporation, irrespective of whether the parties have 
notice thereof. Neither the resolution nor a trust agreement by which pledge it is created 
shall be required to be filed or recorded except in the records of the corporation and no filing 
shall be required to be made under chapter 106 of the General Laws. 

SECTION 12. Revenue bonds and revenue refunding bonds issued under this act 
shall be securities in which all public officers and public bodies of the commonwealth and 
its political subdivisions, all insurance companies, trust companies in their commercial 
departments and within the limits set by section 6 of chapter 167E of the General Laws, 
banking associations, investment companies, executors, trustees and other fiduciaries and all 
other persons who are now or may hereafter be authorized to invest in bonds or other 
obligations of a similar nature may properly and legally invest funds, including capital in 
their control and belonging to them and the bonds shall be obligations which may properly 
and legally be made eligible for the investment of savings deposits and income thereof in the 
manner provided by section 2 of chapter 167F of the General Laws. The bonds shall be 
securities which may properly and legally be deposited with and received by a state or 
municipal officer or an agency or political subdivision of the commonwealth for any purpose 
for which the deposit of bonds or other obligations of the commonwealth is now or may 
hereafter be authorized by law. 

SECTION 13. To provide funds for the general purposes of the corporation, 
including working capital, the corporation may, from time to time, issue debentures which, 
unless otherwise authorized by law, shall not constitute a debt of the commonwealth or of 
the town or a pledge of the full faith and credit of the commonwealth or of the town and shall 
be subordinated to all other obligations of the corporation and shall be payable at the time 
and in installments, if any, as the corporation shall determine, but solely out of the net assets 
of the corporation and the holders thereof shall be entitled to interest thereon, but only out 
of the net earnings of the corporation and in no event at a rate higher than the rate specified 
therein. 

The debentures may be secured by a trust agreement by and between the corporation 
and a corporate trustee, which shall be a trust company or bank located within the common- 
wealth having the powers of a trust company. The trust agreement shall contain provisions 



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for protecting and enforcing the rights and remedies of the debenture holder. A bank or trust 
company incorporated under the laws of the commonwealth which may act as a depository 
under the trust agreement may furnish indemnifying bonds or pledge securities as required 
by the corporation. The trust agreement shall set forth the rights and remedies of the 
debenture holders and of the trustee and may restrict individual right of action by debenture 
holders. The trust agreement may contain such other provisions as the corporation may 
consider reasonable and proper for the security of the debenture holders. All expenses 
incurred in carrying out the trust agreement may be treated as items of current expense. 

Debentures may be issued under this act without obtaining the consent of any 
department, division, office, commission, board, bureau or agency of the commonwealth or 
the town and without any other proceedings or the happenings of any other conditions or 
things other than those proceedings, conditions or things which are specifically required by 
this act. 

SECTION 14. A holder of bonds or debentures issued under this act or of any 
coupons appertaining thereto and the trustee, except to the extent the rights herein given may 
be restricted by the trust agreement, may, either at law or in equity , by suit, action, mandamus 
or other proceeding, protect and enforce all rights under the laws of the commonwealth or 
granted hereunder or under the trust agreement and may enforce and compel the performance 
of all duties required by this act or by the trust agreement to be performed by the corporation 
or by any officer thereof. 

SECTION 15. The corporation shall not deposit any of its funds in a banking 
institution not authorized to provide banking services in the commonwealth. The designation 
of a banking institution as a depository shall be subject to a vote of a majority of the directors 
present at an authorized meeting of the board of directors, exclusive of any director who is 
an officer or director of the depository so designated. The corporation shall not receive 
money on deposit. 

SECTION 16. The corporation shall be liable in contract and tort in the same 
manner as a municipal corporation. The directors, employees, officers and agents of the 
corporation shall be liable in contract and tort in the same manner as municipal employees 
under the General Laws. The corporation shall indemnify the directors, officers, employees 
and agents of the corporation under sections 9 and 13 of chapter 258 of the General Laws as 
public employees. The property or funds of the corporation shall not be subject to 
attachment or to levy and sale on execution, but if the corporation refuses to pay a judgment 
entered against it in any court of competent jurisdiction, the superior court may direct the 
treasurer of the corporation to pay the judgment. The real estate owned by the corporation 
shall not be subject to liens under chapter 254 of the General Laws, but sections 28 and 29 
of chapter 149 of the General Laws shall be applicable to any construction work by the 
corporation. 

SECTION 17. The corporation shall file annual reports with the state secretary and 
the board of selectmen. The annual reports shall also be published in a newspaper of general 



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circulation in the town within 60 days after the close of the corporation's fiscal year. The 
state secretary shall make copies of such reports available to the commissioner of insurance 
and to the commissioner of banks and the corporation shall furnish such other information 
as may, from time to time, be required by the state secretary. 

SECTION 18. The corporation shall be a community-based development 
organization for purposes of carry ing out community or economic development proj ects with 
federal financial assistance. 

SECTION 19. The corporation shall be a nonprofit organization that may act as a 
land trust for purposes of carrying out preservation projects and for receiving assignment of 
the town's first refusal options under chapter 61,61Aor61B of the General Laws. 

SECTION 20. The corporation may, upon the affirmative vote of two-thirds of its 
members and upon an authorization vote of town meeting, petition for its dissolution by 
order of the supreme judicial or superior court in the manner provided in section 1 1 A of 
chapter 180 of the General Laws. 

SECTION 21. If the corporation shall fail to commence operations within 6 years 
after the effective date of this act, then this act shall cease to be effective. 

SECTION 22. This act shall take effect upon its passage. 

Approved, April 2, 2010. 



Chapter 71. AN ACT RELATIVE TO THE USE OF A PARCEL OF LAND IN THE 
CITY OF WOBURN FOR RECREATIONAL PURPOSES. 

Be it enacted, etc., as follows: 

SECTION 1 . Notwithstanding section 1 5 A of chapter 40 of the General Laws or any 
other general or special law to the contrary, the land commonly known as the Clapp school 
and surrounding fields acquired by the city on or about 1909 and located at the intersection 
of Hudson street and Arlington road in the city of Woburn, shown on assessors map 59 as 
block 26, lot 20, containing 2.92 acres more or less, and shown on a plan entitled "Use and 
Limitation Plan" dated September 2, 2009, prepared by Leblanc Survey Associates, Inc. 
which is on file with the city clerk, currently used for recreational and educational purposes, 
shall be under the care, custody and control of the Woburn recreation commission to be used 
solely for active or passive recreational uses including, but not limited to, community 
gardens, trails, noncommercial youth and adult sports and park, playground or athletic field 
purposes; provided, however, that recreational use of such land shall not include horse or dog 
racing or the use of the land for a stadium, gymnasium or similar structure. Notwithstanding 
the preceding sentence, the portion of the land shown on the above-referenced plan that is 
designated for educational purposes shall continue to be under the care, custody and control 



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of the city of Woburn school committee but shall be used for educational purposes only until 
such time as the newly constructed Goodyear school is completed and all students receiving 
educational services at the Clapp school have been reassigned to alternative sites within the 
Woburn school district, at which time the school committee shall vote to determine whether 
such property is necessary for educational purposes and, if not, then it shall authorize a 
transfer of the care, custody and control of the property to the Woburn recreation commission 
to be used solely for active or passive recreational uses pursuant to this act. 
SECTION 2. This act shall take effect upon its passage. 

Approved, April 9, 2010. 



Chapter 72. AN ACT ESTABLISHING A SICK LEAVE BANK FOR JOHN 
RIORDAN, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for John Riordan, an employee of the department of 
the trial court. Any employee of the trial court may voluntarily contribute 1 or more sick, 
personal or vacation days to the sick leave bank for use by John Riordan. Whenever John 
Riordan terminates employment with the trial court or requests to dissolve the sick leave 
bank, any remaining time in the sick leave bank shall be transferred to the trial court paid 
leave bank. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the trial 
court. 

Approved, April 12, 2010. 



Chapter 73. AN ACT ESTABLISHING A SICK LEAVE BANK FOR SEAN 
O'BRIEN, AN EMPLOYEE OF THE DEPARTMENT OF 
TRANSITIONAL ASSISTANCE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
transitional assistance, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 



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Chap. 73 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of transitional assistance shall establish a sick leave bank for Sean O'Brien, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Sean O'Brien. 
Whenever Sean O'Brien terminates employment with the department or requests to dissolve 
the sick leave bank, any remaining time in the sick leave bank shall be transferred to the 
extended illness leave bank. Sick leave bank days shall not be used for absences unrelated 
to the illness or disability that necessitated the establishment of the sick leave bank as 
determined by the department. 

Approved, April 12, 2010. 



Chapter 74. AN ACT RELATIVE TO ASSAULT AND BATTERY BY MEANS OF 
A BODILY SUBSTANCE UPON CORRECTIONAL FACILITY 
EMPLOYEES AND EXPANDING THE PROHIBITION ON THE 
DISSEMINATION OF OBSCENITY. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 127 of the General Laws is hereby amended by striking out 
section 38B, as appearing in the 2008 Official Edition, and inserting in place thereof the 
following section: - 

Section 38B. (a) For the purposes of this section, "bodily substance" shall mean any 
human secretion, discharge or emission including, but not limited to, blood, saliva, mucous, 
semen, urine or feces. 

(b) Any person in the custody of a correctional facility, including any jail, house of 
correction or state prison, who commits an assault or an assault and battery upon an officer 
or other employee, any volunteer or employee of a contractor in any such facility or any duly 
authorized officer or other employee of any such facility engaged in the transportation of a 
prisoner for any lawful purpose shall be punished by imprisonment for not more than 2 and 
one-half years in a jail or house of correction or for not more than 10 years in a state prison. 
Such sentence shall begin from and after all sentences currently outstanding and unserved 
at the time of said assault or assault and battery. 

(c) Any person in the custody of a correctional facility, including any jail, house of 
correction or state prison, who commits an assault or an assault and battery by means of a 
bodily substance upon an officer or other employee, any volunteer or employee of a 
contractor in any such facility or any duly authorized officer or other employee of any such 
facility engaged in the transportation of a prisoner for any lawful purpose shall be punished 
by imprisonment for not more than 2 and one-half years in a jail or house of correction or for 



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Chap. 74 

not more than 10 years in a state prison. Such sentence shall begin from and after all 
sentences currently outstanding and unserved at the time of said assault or assault and 
battery. 

SECTION 1A. Section 26 of chapter 218 of the General Laws, as so appearing, is 
hereby amended by inserting after the word "ninety-four C", in line 1 6, the following words :- 
, section 38B of chapter 127. 

SECTION 2. Section 3 1 of chapter 272 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 40 to 43, inclusive, the 
definition of "Matter" and inserting in place thereof the following definition:- 

"Matter", any handwritten or printed material, visual representation, live performance 
or sound recording including, but not limited to, books, magazines, motion picture films, 
pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances, or 
any electronic communication including, but not limited to, electronic mail, instant messages, 
text messages, and any other communication created by means of use of the Internet or 
wireless network, whether by computer, telephone, or any other device or by any transfer of 
signs, signals, writing, images, sounds, data, or intelligence of any nature transmitted in 
whole or in part by a wire, radio, electromagnetic, photo-electronic or photo-optical system. 

SECTION 3. The definition of "visual material" in said section 31 of said chapter 
272, as so appearing, is hereby amended, by inserting after the word "computer", the 
following words:- , telephone or any other device capable of electronic data storage or 
transmission. 

Approved, April 12, 2010. 



Chapter 75. AN ACT VALIDATING THE ACTIONS TAKEN AT CERTAIN 
TOWN MEETINGS AND TOWN ELECTIONS IN THE TOWN OF 
WILBRAHAM. 

Be it enacted, etc., as follows: 

SECTION 1 . Notwithstanding sections 9 A and 1 of chapter 39 of the General Laws 
or any other general or special law or by-law to the contrary, all votes, acts and proceedings 
taken by the town of Wilbraham at the following: the annual town meeting held on May 1 1 , 
2009; the annual town election of town officers held on May 16, 2009; the continuation of 
the annual town meeting held on June 15, 2009; special town meetings held on May 1 1 , 2009 
and October 5, 2009; a special town election held on October 20, 2009; and all actions taken 
pursuant thereto, are hereby ratified, validated and confirmed to the extent as if the warrants 
for said annual town meeting, special town meetings and town elections, had been published 
in full compliance with law and town by-law. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 15, 2010. 



204 



Chapter 76. AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL 
POLICE OFFICERS IN THE CITY KNOWN AS THE TOWN OF 
GREENFIELD. 

Be it enacted, etc., as follows: 

SECTION 1. The mayor of the city known as the town of Greenfield may appoint 
special police officers for the city as the mayor deems necessary for the safety and protection 
of the citizens. 

SECTION 2. Special police officers shall have the same powers to make arrests and 
to perform other police functions as reserve and intermittent police officers and shall be 
subject to the same training requirements as reserve and intermittent officers established by 
the municipal police training committee and the city known as the town of Greenfield. 

SECTION 3. Special police officers shall be appointed for a term to be determined 
by the mayor, subject to removal by the mayor with the recommendation of the chief of 
police. Special police officers shall be sworn before the city clerk who shall keep a record 
of all such appointments. 

SECTION 4. A special police officer appointed under this act shall be subject to the 
rules and regulations, policies, procedures and requirements, including training requirements 
of the police department and the chief of police and restrictions on the type of assignments. 
Special police officers shall also be subject to the requirements regarding medical 
examinations to determine continued capability to perform the duties of a special police 
officer. 

SECTION 5. Special police officers appointed under this act shall be assigned only 
when permanent or part-time intermittent and reserve police officers are unavailable or 
otherwise assigned. 

SECTION 6. Special police officers appointed under this act shall not be subject to 
chapter 31 of the General Laws. 

SECTION 7. This act shall take effect upon its passage. 

Approved, April 16, 2010. 



Chapter 77. AN ACT EXEMPTING THE POSITION OF CHIEF OF POLICE OF 
THE TOWN OF NATICK FROM THE CIVIL SERVICE LAW. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 8 of the acts of 1931 is hereby repealed. 

SECTION 2. The position of chief of police in the town of Natick shall be exempt 
from chapter 3 1 of the General Laws. 

SECTION 3. Nothing in sections 1 and 2 shall impair the civil service status of any 
person holding the position of interim chief of police in the town of Natick on the effective 



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Chap. 77 

date of this act. 

SECTION 4. This act shall take effect upon its passage. 

Approved, April 22, 2010. 



Chapter 78. AN ACT AUTHORIZING THE TOWN OF MILLIS TO CONDUCT 
ITS ANNUAL TOWN ELECTION ON MAY 11, 2010 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section IV- 1 of article IV of the charter of the town 
of Millis, or any other general or special law, by-law or charter provision to the contrary, the 
town of Millis may hold its annual town election on May 1 1 , 2010. All previously published 
deadline dates for submitting nomination papers, certifying nomination papers and candidate 
withdrawals for the annual town election shall remain unchanged. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 22, 2010. 



Chapter 79. AN ACT ESTABLISHING A MUNICIPAL BUILDING FUND AND A 
MUNICIPAL BUILDING COMMITTEE IN THE TOWN OF WEST 
BOYLSTON. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of West Boylston shall carry over, from year to year, amounts appropriated for the 
maintenance and repair of non-school buildings owned by the town, which remain 
unexpended for such purposes at the end of each fiscal year. The amounts shall be held by 
the town treasurer in a separate account to be known as the Municipal Buildings Fund and 
may be expended in accordance with this act without further appropriation for the 
maintenance, repair or capital improvement of any municipal building. The non-school 
annual budget to be voted upon by the West Boylston town meeting shall contain a separate 
item for the maintenance and repair of each non-school building owned by the town. 

SECTION 2. The town of West Boylston may appropriate to the fund by a 
two-thirds vote at an annual or special town meeting, an amount not exceeding one-half of 1 
per cent of the amount raised in the preceding fiscal year by taxation of real estate and 
tangible personal property. The aggregate amount of the fund at any time shall not exceed 
one-tenth of 1 per cent of the equalized valuation of the town of West Boylston as defined 



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Chap. 79 

in section 1 of chapter 44 of the General Laws. Any interest shall be added to and become 
a part of the fund. 

SECTION 3. A 5 -member board to be known as the municipal buildings committee 
is hereby established. The board shall be made up of the chairman of the board of selectmen, 
the chairman of the finance committee, the chairman of the board of library trustees, or their 
designees, all of whom shall serve ex officio, and 2 registered voters of the town of West 
Boylston to be appointed by the town administrator for a 3 -year term, who are not members 
of the board of selectmen, the finance committee, or the board of library trustees of the town 
of West Boylston. 

SECTION 4. Expenditures from the Municipal Buildings Fund shall only be made 
by a two-thirds vote of all of the members of the municipal buildings committee. 

SECTION 5. This act shall take effect upon its passage. 

Approved, April 22, 2010. 



Chapter 80. AN ACT RELATIVE TO AN EXTENSION OF A LEASE BY THE 
CITY KNOWN AS THE TOWN OF WATERTOWN FOR THE 
WATERTOWN BOYS AND GIRLS CLUB. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 of chapter 431 of the acts of 1967, as amended by chapter 
10 of the acts of 1979, is hereby further amended by striking out, in line 4, the word "fifty" 
and inserting in place thereof the following figure:- 75. 

SECTION 2. This act shall take effect upon its passage. 

Approved, April 22, 2010. 



Chapter 81. AN ACT AUTHORIZING THE APPOINTMENT OF RETIRED 
POLICE OFFICERS AS SPECIAL POLICE OFFICERS IN THE 
TOWN OF NORWOOD. 

Be it enacted, etc., as follows: 

SECTION 1. The general manager of the town of Norwood may appoint, as he 
deems necessary, retired Norwood police officers as special police officers for the purpose 
of performing police details or any other police duties arising therefrom or during the course 
of police detail work, whether or not related to the detail work; provided however that such 
retired police officers shall have been regular Norwood police officers who retired based 
upon superannuation. These special police officers shall be subject to the same maximum 
age restriction as applied to regular police officers under chapter 32 of the General Laws. 



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Chap. 81 

Prior to appointment, retired police officers shall pass a medical examination conducted by 
a physician or other certified professional chosen by the town, to determine whether such 
officers are capable of performing the essential duties of a special police officer and the cost 
thereof shall be borne by the retired officers. 

SECTION 2. Special police officers appointed under this act shall not be subject to 
chapter 31 of the General Laws or to section 99A of chapter 41 of the General Laws. 

SECTION 3. Special police officers appointed under this act shall, when performing 
the duties under section 1 , have the same power to make arrests and to perform other police 
functions as do regular police officers of the town of Norwood. 

SECTION 4. Special police officers appointed under this act shall be appointed for 
an indefinite term, subject to removal by the police chief, with the approval of the general 
manager, at any time, upon 14 days written notice. Upon request, the police chief shall 
provide the reasons for such removal in writing. 

SECTION 5. Special police officers appointed under this act shall be subject to the 
rules and regulations, policies and procedures and requirements of the chief of police of the 
town of Norwood, including restrictions on the type of detail assignments, requirements 
regarding medical examinations to determine continuing capability to perform the duties of 
a special police officer, requirements for training, requirements for firearms qualifications 
and licensing and requirements regarding uniforms and equipment. Costs associated with 
meeting these requirements are to be paid by the special police officers. Special police 
officers appointed under this act shall not be subject to section 96B of chapter 41 of the 
General Laws. 

SECTION 6. Special police officers appointed under this act shall be sworn before 
the town clerk, who shall keep a record of all such appointments. 

SECTION 7. Special police officers appointed under this act shall be subject to 
sections 100 and 1 1 IF of chapter 41 of the General Laws. The amount payable under said 
section 1 1 IF of said chapter 41 shall be calculated by averaging the amount earned over the 
prior 52 weeks as a special police officer working police details, or averaged over such lesser 
period of time for any officer designated as a special police officer less than 52 weeks prior 
to the incapacity. The payment under said section 1 1 IF of said chapter 41 shall not exceed, 
in any calendar year, the limitation on earnings contained in paragraph (b) of section 91 of 
chapter 32 of the General Laws. Payment under said section 1 1 IF of said chapter 41 shall 
terminate when special police officers reach the age of 65. In the event the age limitation 
applicable to regular police officers serving a town is increased from 65 years of age, the 
termination of benefits under said section 1 1 IF of said chapter 41, as provided herein to 
special police officers, shall terminate at such a higher age limit but shall not extend beyond 
the age of 70 for any special police officer. Special police officers appointed under this act 
shall not be subject to section 85H of said chapter 32 nor shall they be eligible for any 
benefits pursuant thereto. 



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Chap. 81 

SECTION 8. An appointment as a special police officer under this act shall entitle 
any individual appointed as such to assignment to any detail, as authorized by the police 
chief. 

SECTION 9. Special police officers appointed under this act, shall be subject to the 
limitations on hours worked as provided in paragraph (b) of section 91 of chapter 32 of the 
General Laws. 

SECTION 10. This act shall take effect upon its passage. 

Approved, April 22, 2010. 



Chapter 82. AN ACT PROHIBITING DEVOC ALIZATION OF DOGS AND CATS. 

Be it enacted, etc., as follows: 

SECTION 1. Section 1 37D of chapter 140 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word "seventy-seven", in line 
6, the following figure:- , 80!/2. 

SECTION 2. Section 1 38A of said chapter 1 40, as so appearing, is hereby amended 
by inserting after the sixth paragraph the following paragraph: - 

No commercial establishment, pet shop, firm, corporation or person shall sell a dog 
or cat that has been surgically devocalized, as defined in section 8014 of chapter 272, unless 
written notice that such a procedure has been conducted on the animal is provided to any 
prospective purchaser before the purchaser enters into an agreement to purchase said animal. 
In addition to the penalties set forth in this section, a failure to provide such notice shall 
render any purchase agreement void and a violation of this paragraph shall constitute an 
unfair or deceptive act or practice in the conduct of a trade or commerce under chapter 93 A. 

SECTION 3. Chapter 272 of the General Laws is hereby amended by inserting after 
section 79B the following section: - 

Section 8OV2. (a) For the purposes of this section, the following words shall have the 
following meanings :- 

"Board", the board of registration in veterinary medicine. 

"Devocalization", a procedure on the larynx or vocal cords of an animal which causes 
the reduction or elimination of vocal sounds produced by that animal. 

(b) Whoever performs, or causes to be performed, the surgical devocalization of a 
dog or cat shall be punished by imprisonment in the state prison for not more than 5 years 
or imprisonment in a house of correction for not more than 2Vi years, or by a fine of not more 
than $2,500 or by both such fine and imprisonment. In addition to this penalty, the court may 
order that any person who violates this section shall successfully complete a course of 
instruction relative to the humane treatment of animals or be barred from owning or keeping 
a dog or cat or sharing a residence with another who owns or keeps a dog or cat for a period 



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Chap. 82 

of time as determined by said court. 

(c) Subsection (b) shall not apply if: 

(1 ) the person performing such devocalization is licensed under section 55 of chapter 
112; and 

(2) surgical devocalization of a dog or cat is medically necessary to treat or relieve 
an illness, disease or injury or to correct a congenital abnormality that is causing or may 
cause the animal physical pain or harm; or 

(3) the person who causes a devocalization procedure to be performed is relying 
upon the opinion of a person licensed under section 55 of chapter 112 that surgical 
devocalization of the dog or cat is medically necessary to treat or relieve an illness, disease 
or injury or to correct a congenital abnormality that is causing or may cause the animal 
physical pain or harm. 

(d) A veterinarian who performs a surgical devocalization procedure on a dog or cat 
shall keep a record of the procedure for a period of 4 years after the last contact with the 
animal. This record shall include: the name and address of the animal's owner; the name and 
address of the person from whom payment is received for the procedure; a description of the 
animal, including its name, species, breed, date of birth, sex, color, markings and current 
weight; the license number and municipality that issued the license for the animal; the date 
and time of the procedure; the reason the procedure was performed; and any diagnostic 
opinion, analysis or test results to support the diagnosis. These records shall be subject to 
audit by the board. 

Any person who performs a devocalization procedure on a dog or cat shall report the 
number of all such procedures to the board annually on or before March 30. The board shall 
maintain all notices received under this subsection for 4 years from the date of receipt. 

Records maintained under this subsection shall not be considered a public record, as 
defined in clause twenty-sixth of section 7 of chapter 4 or section 1 of chapter 66, and these 
records shall not be publicly disseminated. 

(e) The board shall, annually on or before March 1 , report to the joint committee on 
the environment, natural resources and agriculture the number of animals that were the 
subject of devocalization notices received under subsection (d). 

(f) Whoever being licensed under section 55 of chapter 112 violates any provision 
of this section shall be subject to the suspension or revocation of such license under section 
59 of said chapter 1 12 and 256 CMR 7.00. 

Approved, April 22, 2010. 



Chapter 83. AN ACT AUTHORIZING THE PLACEMENT OF A CERTAIN 
QUESTION ON THE BALLOT TO BE USED AT THE 2010 
BIENNIAL STATE ELECTION IN THE TOWN OF ARLINGTON 
RELATIVE TO THE SALE OF ALL ALCOHOLIC BEVERAGES 
NOT TO BE DRUNK ON THE PREMISES. 



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Chap. 83 

Be it enacted, etc., as follows: 

SECTION 1 . Notwithstanding any limitations imposed by section 1 1 of chapter 138 
of the General Laws as to the time and manner of voting on the question, the state secretary 
shall cause to be placed on the official ballot to be used in the town of Arlington at the 
biennial state election to be held in the year 2010 the following question: 

Shall the board of selectmen be authorized to grant up to 3 licenses for the sale of all 
alcoholic beverages not to be drunk on the premises in replacement of up to 3 existing 
licenses for the sale of wines and malt beverages not to be drunk on the premises? 

Yes No . 

SECTION 2. If a majority of votes cast in answer to the question is in the 
affirmative, then the town of Arlington shall be taken to have authorized the granting of up 
to 3 licenses for the sale of all alcoholic beverages not to be drunk on the premises; provided, 
however, that the licenses shall be granted only to current holders of licenses for the sale of 
wines and malt beverages not to be drunk on the premises issued pursuant to chapter 28 of 
the acts of 2006. Upon issuance of a license authorized in this act, the licensee shall return 
to the town previously issued wines and malt beverages license it currently holds and the 
licensing authority shall not grant that license to any other person, firm or corporation. 

Approved, April 22, 2010. 



Chapter 84. AN ACT DESIGNATING A CERTAIN OVERPASS IN THE CITY OF 
HAVERHILL AS THE CAPTAIN RICHARD J. CASHIN MEMORIAL 
OVERPASS. 

Be it enacted, etc., as follows: 

The overpass on Industrial avenue spanning interstate highway route 495 in the city 
of Haverhill shall be designated and known as the Captain Richard J. Cashin Memorial 
Overpass. The Massachusetts Department of Transportation shall erect and maintain suitable 
markers on the bridge bearing this designation in compliance with the standards of the 
department. 

Approved, April 22, 2010. 



Chapter 85. AN ACT ESTABLISHING A SICK LEAVE BANK FOR STEPHANIE 
SAVINI, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 



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Chap. 85 

public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Stephanie Savini, an employee of the security 
department of the trial court. Any employee of the trial court may voluntarily contribute 1 
or more sick, personal or vacation days to the sick leave bank for use by Stephanie Savini. 
Sick leave bank days shall not be used for absences unrelated to the illness or disability that 
necessitated the establishment of the sick leave bank as determined by the trial court. 
Whenever Stephanie Savini terminates employment with the trial court or requests to 
dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred 
to the trial court paid leave bank. 

Approved, April 28, 2010. 



Chapter 86. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
2010 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND 
PROJECTS. 

Whereas, The deferred operation of this act would tend to defeat its purposes, which 
are forthwith to make supplemental appropriations for fiscal year 2010 and to make certain 
changes in law, each of which is immediately necessary to carry out those appropriations or 
to accomplish other important public purposes, therefore it is hereby declared to be an 
emergency law, necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. To provide for supplementing certain items in the general 
appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in 
section 2 are hereby appropriated from the General Fund unless specifically designated 
otherwise in this act or in those appropriation acts, for the several purposes and subject to the 
conditions specified in this act or in said appropriation acts and subject to laws regulating the 
disbursement of public funds for the fiscal year ending June 30, 2010. The sums in said 
section 2 shall be in addition to any amounts previously appropriated and made available for 
the purposes of those items. 

SECTION 2. 



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Chap. 86 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES 

Division of Medical Assistance 

4000-0600 $107,107,510 

4000-0700 $92,829,490 

Department of Public Health 

4513-1020 $2,000,000 

EXECUTIVE OFFICE OF HOUSING AND ECONOMIC DEVELOPMENT 

Office of the Secretary 

7004-0101 $18,226,110 

SECTION 2A. To provide for certain unanticipated obligations of the 
commonwealth, to provide for an alteration of purpose for current appropriations, and to 
meet certain requirements of law, the sums set forth in this section are hereby appropriated 
from the General Fund unless specifically designated otherwise, for the several purposes and 
subject to the conditions specified in this section and subject to laws regulating the 
disbursement of public funds for the fiscal year ending June 30, 2010. The sums shall be in 
addition to any amounts previously appropriated and made available for the purposes of these 
items. 

SECRETARY OF THE COMMONWEALTH 

Office of the Secretary of the Commonwealth 

0521-0010 For reimbursements to municipalities for costs associated with 
the statewide election to fill the United States Senate seat on 
January 19, 2010; provided, that the Secretary of State shall 
only reimburse the municipalities for costs that have 
previously been certified by the Division of Local Mandates 
within the Office of the State Auditor, and provided further 
that any unexpended funds from this item shall be made 
available in fiscal year 2011 $6,340,941 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 

Reserves 

1599-1027 For a reserve for reimbursement to certain employees of the 
commonwealth for certain increases in health care 
cost-sharing expenditures $6,821,690 

1599-4281 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 



213 



Chap. 86 

and the National Association of Government Employees, and 
to meet the fiscal year 2010 costs of salary adjustments and 
other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
that agreement; provided, however, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adj ustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
the secretary may transfer from the sum appropriated in this 
item to other items of appropriation and allocation thereof for 
fiscal year 2010 amounts that are necessary to meet these 
costs where amounts otherwise available are insufficient for 
the purpose, in accordance with a transfer plan which shall be 
filed in advance with the house and senate committees on 
ways and means $25,810 

1599-4282 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 
and the Service Employees International Union, Local 509, 
and to meet the fiscal year 2010 costs of salary adjustments 
and other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in con- 
fidential positions which otherwise would be covered by that 
agreement; provided, however, that the personnel administra- 
tor, with the approval of the secretary of administration and 
finance, shall determine these adjustments and benefits for the 
confidential employees in accordance with the collective 
bargaining agreement then in effect which otherwise would 
cover these positions; and provided further, the secretary may 
transfer from the sum appropriated in this item to other items 
of appropriation and allocation thereof for fiscal year 2010 
amounts that are necessary to meet these costs where amounts 
otherwise available are insufficient for the purpose, in accord- 
ance with a transfer plan which shall be filed in advance with 
the house and senate committees on ways and means $1,912,542 

1599-4283 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 



214 



Chap. 86 

and the American Association of Federal, State, County and 
Municipal Employees, Council 93, and to meet the fiscal year 
2010 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by that agreement; provided, 
however, that the personnel administrator, with the approval 
of the secretary of administration and finance, shall determine 
these adjustments and benefits for the confidential employees 
in accordance with the collective bargaining agreement then 
in effect which otherwise would cover these positions; and 
provided further, the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocation thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $21,137 

1599-4284 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 
and the Massachusetts Organization of State Engineers and 
Scientists, Unit 9, and to meet the fiscal year 2010 costs of 
salary adjustments and other economic benefits necessary to 
provide equal adjustments and benefits to employees 
employed in confidential positions which otherwise would be 
covered by this agreement; provided, however, that the 
personnel administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $12,788 

1599-4285 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 



215 



Chap. 86 

collective bargaining agreement between the State Lottery 
Commission and the Service Employees International Union, 
Local 888, and to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits necessary to provide 
equal adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, however, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adj ustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 

committees on ways and means $944 

1599-4286 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 
and the Berkshire Registries of Deeds - Service Employees 
International Union, Local 888; Essex North/South Registry 
of Deeds - American Association of Federal, State, County 
and Municipal Employees, Council 653; Hampden Registry 
of Deeds - Office of Professional Employees International 
Union, Local 6; Middlesex South Registry of Deeds - Office 
of Professional Employees International Union, Local 6; 
Suffolk Registry of Deeds - Service Employees International 
Union, Local 888; Worcester North Registry of Deeds - 
Service Employees International Union, Local 888 and to 
meet the fiscal year 2010 costs of salary adjustments and 
other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, however, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 



216 



Chap. 86 

otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $275 

SECTION 3. Section 35T of chapter 10 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by inserting after the word "revenues", in line 17, 
the following words:- or the inflation index. 

SECTION 4. Item 0699-00 1 5 of section 2 of chapter 27 of the acts of 2009 is hereby 
amended by striking out the figure "$1,804,013,573" and inserting in place thereof the 
following figure:- $1,799,564,198. 

SECTION 5. Said section 2 of said chapter 27 is hereby further amended by striking 
out item 0699-0016. 

SECTION 6. Item 0699-2004 of said section 2 of said chapter 27 is hereby amended 
by striking out the figure "$9 1 ,7 1 9,000" and inserting in place thereof the following figure:- 
$82,980,442. 

SECTION 7. Item 1 1 08-5400 of said section 2 of said chapter 27 is hereby amended 
by striking out the figure "$77,844,056" and inserting in place thereof the following figure:- 
$76,129,566. 

SECTION 8. Item 1 599- 1 030 of said section 2 of said chapter 27 is hereby amended 
by striking out the figure "$2,263,600" and inserting in place thereof the following figure :- 
$963,600. 

SECTION 9. Item 4000-0300 of said section 2 of said chapter 27 is hereby amended 
by striking out the figure "$95,375,349" and inserting in place thereof the following figure:- 
$94,825,349. 

SECTION 10. Item 4590-0915 of said section 2 of said chapter 27 is hereby 
amended by striking out the figure "$137,664,607" and inserting in place thereof the 
following figure:- $137,314,607. 

SECTION 11. Item 4800-0041 of said section 2 of said chapter 27 is hereby 
amended by striking out the figure "$223,569,417" and inserting in place thereof the 
following figure:- $220,569,417. 

SECTION 12. Item 7061-9010 of said section 2 of said chapter 27 is hereby 
amended by striking out the figure "$79,75 1 ,579" and inserting in place thereof the following 
figure:- $75,251,579. 

SECTION 13. Item 8000-0036 of section 2C.I of chapter 120 of the acts of 2009 is 
hereby amended by striking out the figure "$3,569,361" and inserting in place thereof the 
following figure:- $569,361. 



217 



Chap. 86 

SECTION 14. Chapter 167 of the acts of 2009 is hereby amended by striking out 
sections 16 to 23, inclusive, and inserting in place thereof the following 8 sections:- 

Section 16. Notwithstanding section 2 of chapter 128C of the General Laws or any 
other general or special law or rule or regulation to the contrary, the greyhound meeting 
licensee located in Bristol county and the greyhound meeting licensee located in Suffolk 
county shall pay all premiums received pursuant to said section 2 of said chapter 128C to the 
Racing Stabilization Fund established in section 20. 

Section 1 7. Notwithstanding chapter 1 28C of the General Laws or any other general 
or special law or rule or regulation to the contrary, simulcast revenues generated by the 
greyhound meeting licensee located in Bristol county and the greyhound meeting licensee 
located in Suffolk county and otherwise dedicated to purse accounts at the licensees or to be 
distributed to breeders' associations at guest dog tracks shall be dedicated to the Racing 
Stabilization Fund established in section 20. 

Section 18. Notwithstanding chapters 128 A and 128C of the General Laws or any 
other general or special law or rule or regulation to the contrary, amounts from unclaimed 
winnings and breaks generated by the greyhound meeting licensee located in Bristol county 
and the greyhound meeting licensee located in Suffolk county shall be dedicated to the 
Racing Stabilization Fund established in section 20. 

Section 19. Notwithstanding any general or special law or rule or regulation to the 
contrary, the greyhound meeting licensee located in Bristol county and the greyhound 
meeting licensee located in Suffolk county shall, unless otherwise provided in this act, be 
subject to chapter 128A of the General Laws, chapter 128C of the General Laws and chapter 
139 of the acts of 2001. 

Section 20. Notwithstanding any general or special law or rule or regulation to the 
contrary, there shall be a Racing Stabilization Fund that shall be administered by the 
undersecretary for consumer affairs and business regulation within the executive office of 
housing and economic development. The fund shall consist of all revenues dedicated 
pursuant to this act. In fiscal year 2010, the undersecretary shall transfer from the fund an 
amount not less than $300,000 to the department of public health for a compulsive gamblers' 
treatment program. Not more than $300,000 may be expended to assist efforts to secure 
alternative employment and retraining opportunities for displaced workers impacted by the 
passage of chapter 388 of the acts of 2008. The state racing commission, or a successor 
agency, shall report to the undersecretary, the executive office for administration and finance 
and the house and senate committees on ways and means not later than the last day of each 
month, of the projected program revenue, program expenses and operating costs associated 
with overseeing simulcasting through July 31, 2010. In the event of a deficit, the 
undersecretary may transfer from the fund an amount not to exceed $100,000 for the 
operating costs of the commission. Any balance in the fund at the end of the fiscal year shall 
not revert to the General Fund provided, however, that the undersecretary shall distribute to 
owners and lessees of greyhound dogs who have raced in calendar year 2009 for the humane 
care, maintenance and adoption of those greyhound dogs, a sum equal to 1 per cent 



218 



Chap. 86 

of the total amount wagered at each racing meeting licensee within the commonwealth acting 
as a guest track and simulcasting a live greyhound race from a host track from outside the 
commonwealth provided, however, that before any such amount is distributed, the 
undersecretary shall develop a method and criteria by which to distribute such funds in an 
equitable manner among dog owners. The undersecretary shall distribute to kennel owners 
who housed greyhound dogs who have raced in calendar year 2009 for the humane care, 
maintenance and adoption of those greyhound dogs, a sum equal to 1 .5 per cent of the total 
amount wagered at each racing meeting licensee within the commonwealth acting as a guest 
track and simulcasting a live greyhound race from a host track from outside commonwealth; 
provided, however, that before any amount is distributed, the undersecretary shall develop 
a method and criteria by which to distribute such funds in an equitable manner among kennel 
owners and provided further, the undersecretary shall begin payments to kennel owners in 
January 2010. Such payments shall be paid on a biweekly basis beginning on January 4, 
2010. 

Section 21 . Notwithstanding section 12A of chapter 494 of the acts of 1978 or any 
other general or special law or rule or regulation to the contrary, on January 1, 2010, the 
comptroller shall transfer all monies deposited in the Greyhound Capital Improvements Trust 
Fund and the Greyhound Promotional Trust Fund, each established under said section 12A 
of said chapter 494, to the Racing Stabilization Fund established in section 20. After 
January 1, 2010, the comptroller shall transfer any revenues deposited into the Greyhound 
Capital Improvements Trust Fund and the Greyhound Promotional Trust Fund into the 
Racing Stabilization Fund within 10 days after receipt of those revenues. 

Section 22. Notwithstanding any general or special law to the contrary, the 
greyhound meeting licensee located in Bristol county and the greyhound meeting licensee 
located in Suffolk county shall report monthly to the state racing commission, or a successor 
agency, on their net and gross revenue, including an itemization of premiums received, fees 
received and any amounts dedicated to purse accounts, the Greyhound Capital Improvements 
Trust Fund and the Greyhound Promotional Trust Fund. The report shall include the number 
of part-time and full-time staff employed by the licensees at the close of the previous month. 
The report shall also include the total amount of premiums paid to the harness horse meeting 
licensees located in Norfolk county and the running horse meeting licensee located in Suffolk 
county. Failure to file the report on the tenth day of each month shall be cause for suspension 
of the greyhound meeting license. The state racing commission, or a successor agency, shall 
forward all such reports to the house and senate committees on ways and means, the joint 
committee on economic development and emerging technologies and the joint committee on 
labor and workforce development. The greyhound meeting licensee located in Bristol county 
and the greyhound meeting licensee located in Suffolk county shall also prepare a report of 
all funds received and disbursed for calendar years 2008 and 2009. The report shall also be 
filed with the state racing commission, or a successor agency, not later than June 30, 2010, 
and the state racing commission shall forward the reports to the house and senate committees 



219 



Chap. 86 

on ways and means, the joint committee on economic development and emerging 
technologies and the joint committee on labor and workforce development. 

Section 23. Notwithstanding any general or special law, rule or regulation to the 
contrary, monies in the Racing Stabilization Fund established in section 20 may be used to 
assist efforts to secure alternative employment and retraining opportunities for displaced 
workers impacted by the enactment of chapter 388 of the acts of 2008 including, but not 
limited to, coordinating the delivery of available state and federal resources and services; 
provided, however, that such funds from the fund shall only be expended after all federal 
funds from the Workforce Investment Act and the American Reinvestment and Recovery Act 
have been exhausted; provided further, that state funds shall be distributed in accordance 
with section 20 provided further, that the secretary of labor and workforce development shall 
develop a plan to implement this section and submit a copy of the plan to the house and 
senate committees on ways and means, the joint committee on economic development and 
emerging technologies and the joint committee on labor and workforce development not later 
than July 31, 2010. 

SECTION 15. Notwithstanding any general or special law to the contrary, the 
comptroller shall not make the transfer of funds to the Central Artery and Statewide Road 
and Bridge Infrastructure Fund for fiscal year 2009 as otherwise required by section 63 of 
chapter 1 of the General Laws, section 33 of chapter 90 of the General Laws and section 1 5 
of chapter 87 of the acts of 2000 as amended by section 9 of chapter 125 of the acts of 2000 
and as further amended by section 23 of chapter 140 of the acts of 2007. 

SECTION 16. Notwithstanding any general or special law to the contrary, the 
secretary of health and human services, with the written approval of the secretary of 
administration and finance, may authorize transfers from items 4000-0430, 4000-0700, 
4000-0870, 4000-0875, 4000-0880, 4000-0890, 4000-0895, 4000-0990, 4000-1400, 
4000-1405 and 4000-1420 of section 2 of chapter 27 of the acts of 2009 to items 4000-0500 
and 4000-0600 of said section 2 for the purpose of reducing any deficiency in item 
4000-0500 or 4000-0600; provided, however, that any such transfer shall take place not later 
than August 3 1 , 201 0; and provided further, that the secretary of health and human services, 
in conjunction with the secretary of administration and finance, shall notify the house and 
senate committees on ways and means in writing within 30 days of any such transfer. 

SECTION 17. Notwithstanding any general or special law to the contrary, the 
amount to be transferred from the Commonwealth Transportation Fund to the Massachusetts 
Transportation Trust Fund pursuant to section 1 56 of chapter 25 of the acts of 2009 shall not 
exceed $132,946,908 for fiscal year 2010 unless the secretary of administration and finance 
requests in writing that the comptroller increase that amount based on the availability of 
funds in the Commonwealth Transportation Fund. The comptroller shall transfer not later 
than June 30, 201 0, the remaining balance in the Commonwealth Transportation Fund to the 
General Fund to cover transportation-related expenses made from the General Fund 
appropriations during fiscal year 2010. 



220 



Chap. 86 

SECTION 18. Section 3 shall apply to the comptroller's certification as required in 
subsection (b) of section 35T of chapter 10 of the General Laws, beginning March 1, 2010. 

Approved, April 28, 2010. 



Chapter 87. AN ACT DESIGNATING A CERTAIN ROAD IN THE TOWN OF 
SALISBURY AS THE ARMY SERGEANT JORDAN MICHAEL 
SHAY MEMORIAL DRIVE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to designate forthwith a certain road in the town of Salisbury, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

The road from Beach road to the mouth of the Merrimac river, a part of which is 
known as State Beach road and a part of which is known as Reservation road, in the town 
of Salisbury, shall be designated and known as the Army Sergeant Jordan Michael Shay 
Memorial Drive, in memory of United States Army Sergeant Jordan Michael Shay, who was 
killed in the line of duty in Iraq. The department of conservation and recreation and the 
Massachusetts department of transportation shall erect and maintain suitable markers bearing 
that designation in compliance with their respective standards on that portion of the road 
under their respective control. 

Approved, April 28, 2010. 



Chapter 88. AN ACT ESTABLISHING A SICK LEAVE BANK FOR JUDITH R. 
ABRAHAM, AN EMPLOYEE OF THE DEPARTMENT OF 
DEVELOPMENTAL SERVICES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
developmental services, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of developmental services shall establish a sick leave bank for Judith R. 
Abraham, an employee of the department. Any employee of the department may voluntarily 



221 



Chap. 88 

contribute 1 or more sick, personal or vacation days to the sick leave bank for use by Judith 
R. Abraham. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the 
department. Whenever Judith R. Abraham terminates employment with the department or 
requests to dissolve the sick leave bank, any remaining time in the sick leave bank shall be 
transferred to the extended illness leave bank. 

Approved, April 28, 2010. 



Chapter 89. AN ACT ESTABLISHING A SICK LEAVE BANK FOR JOHN 
PHELAN, AN EMPLOYEE OF THE MASSACHUSETTS 
DEPARTMENT OF TRANSPORTATION. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the Massachusetts 
department of transportation, therefore it is hereby declared to be an emergency law, 
necessary for the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
Massachusetts department of transportation shall establish a sick leave bank for John Phelan, 
an employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by John Phelan. 
Whenever John Phelan terminates employment with the department or requests to dissolve 
the sick leave bank, any remaining time in the sick leave bank shall be transferred to the 
extended illness leave bank. Sick leave bank days shall not be used for absences unrelated 
to the illness or disability that necessitated the establishment of the sick leave bank as 
determined by the department. 

Approved, April 28, 2010. 



Chapter 90. AN ACT DESIGNATING A CERTAIN INTERSECTION IN THE 
TOWN OF STOUGHTON AS THE POLICE CHIEF WILLIAM F. 
GROSS AND ANN M. GROSS INTERSECTION. 

Be it enacted, etc., as follows: 

The intersection of Dykeman way and Central street in the town of Stoughton shall 
be designated and known as the Police Chief William F. Gross and Ann M. Gross inter- 
section in honor of Stoughton police chief and Massachusetts state police captain William 



222 



Chap. 90 

F. Gross and his spouse Ann. The Massachusetts Department of Transportation shall erect 
and maintain a suitable marker bearing that designation in compliance with the standards of 
the department. 

Approved, April 28, 2010. 



Chapter 91. AN ACT PROVIDING A TAX EXEMPTION FOR CERTAIN 
QUALIFYING REAL ESTATE IN THE TOWN OF HAMILTON. 

Be it enacted, etc., as follows: 

SECTION 1. With respect to each qualifying parcel of real property classified as 
class one, residential in the town of Hamilton, and as established more specifically by the 
board of selectmen in said town annually under section 2, there shall be a cap on property 
taxes equal to 1 per cent of the total annual household income, except that in no event shall 
property taxes be reduced by more than 50 per cent of the tax due, including all tax 
abatements and exemptions, but excluding state circuit breakers. The exemption shall be 
applied only to the principal residence of a taxpayer as used by the taxpayer for income tax 
purposes. 

SECTION 2. Real property shall qualify for the exemption set forth in section 1 if 
all the following criteria are met: 

(a) the qualifying real estate is owned and occupied by a person or family where the 
total annual household income shall not exceed the following ranges: single applicant 
$33,000 to $49,499; married applicant filing jointly $49,500 to $74,250; 

(b) the qualifying real estate is owned and occupied by at least 1 person having 
reached age 65 or 70 at the close of the previous tax year, as established annually by the 
board of selectmen for such tax year; 

(c) the qualifying real estate is owned and occupied by the applicant at least 6 months 
plus 1 day each year; 

(d) the applicant has resided in the town of Hamilton for at least 1 consecutive years 
before filing an application for the exemption; and 

(e) the maximum assessed value of the applicant's primary residence is no greater 
than the median assessed value of a single family residence in the town of Hamilton plus 1 
per cent, as measured for the tax year immediately previous to the tax year for which the 
application for exemption is filed. 

SECTION 3. The exemption provided for in this act shall be in addition to any other 
exemption allowable under the General Laws, except that there shall be a dollar cap of 
$ 1 75,000 for all tax abatements, excluding circuit breakers. After the first year of enactment, 
the total cap of all real estate abatements, excluding circuit breakers, may be set annually by 
the board of selectmen within a range of $175,000 to $350,000. 



223 



Chap. 91 

SECTION 4. A person who seeks to qualify for this exemption shall file with the 
board of assessors an application for abatement on a form to be adopted by the board of 
selectmen and available at the assessor's office with the supporting documentation as 
described in the application. The application shall be filed by January 3 1 each year for which 
the applicant seeks the exemption for the fiscal year commencing the following July 1 . 

SECTION 5. For the purposes of this act, "parcel" shall be a unit of real property 
as defined by the assessors in accordance with the deed for the property and shall include a 
condominium unit. 

SECTION 6. For purposes of the exemption, "total annual household income" shall 
be the sum of the applicant's "total taxable 5.3 per cent income" on Massachusetts Form 1 
and those same incomes for other income-producing members of the household. The income 
shall be increased by amounts that may have been excluded or subtracted from calculation, 
such as income from social security benefits, cash public assistance, tax-exempt interest and 
dividends, capital gains, income from a partnership or trust, returns on capital reported on 
schedule C and excluded income from any other source. 

SECTION 7. Acceptance of this act by the town of Hamilton shall be by an 
affirmative vote of a majority of the voters at any regular or special election at which the 
question of acceptance was placed on the ballot and, if necessary, by approval of the 
appropriate override. This act shall become effective on the thirtieth day following the 
affirmative vote. 

SECTION 8. The acceptance of this act may be revoked by an affirmative vote of 
a majority of the voters at any regular or special town election at which the question of 
revocation has been placed on the ballot by a two-thirds vote of then sitting members of the 
board of selectmen. Revocation of this act shall become effective on the thirtieth day 
following that affirmative vote. 

SECTION 9. After 1 year of implementation, the board of selectmen of the town 
of Hamilton, after a public hearing, may vote to suspend implementation of this act for any 
year. Acceptance of this act by the town of Hamilton shall automatically expire after 3 years 
of implementation unless reaffirmed by the affirmative vote of a majority of the voters at a 
town meeting and no further action of the general court shall be necessary. 

Approved, April 29, 2010. 



Chapter 92. AN ACT RELATIVE TO BULLYING IN SCHOOLS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to provide forthwith for the prevention of bullying in schools, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preservation of the public 
convenience. 



224 



Chap. 92 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 6 of the General Laws is hereby amended by inserting after 
section 15MMMMM the following section:- 

1 5NNNNN. The governor shall annually issue a proclamation setting apart the fourth 
Wednesday in January as No Name Calling Day to increase public awareness of the 
devastating effects of verbal bullying, to encourage students to use positive dialogue and 
pledge not to use hurtful names on this designated day, to promote tolerance and respect for 
differences and to reaffirm the commitment of the citizens of the commonwealth to basic 
human rights and dignity. 

SECTION 2. The third paragraph of section ID of chapter 69 of the General Laws, 
as appearing in the 2008 Official Edition, is hereby amended by striking out the fourth 
sentence and inserting in place thereof the following sentence:- The standards may provide 
for instruction in the issues of nutrition, physical education, AIDS education, violence 
prevention, including teen dating violence, bullying prevention, conflict resolution and drug, 
alcohol and tobacco abuse prevention. 

SECTION 3. The first paragraph of section 37H of chapter 71 of the General Laws, 
as so appearing, is hereby amended by inserting after the third sentence the following 
sentence:- The policies shall also prohibit bullying as defined in section 370 and shall 
include the student-related sections of the bullying prevention and intervention plan required 
by said section 370. 

SECTION 4. The third paragraph of said section 37H of said chapter 71, as so 
appearing, is hereby amended by inserting after the first sentence the following sentence :- 
The student handbook shall include an age-appropriate summary of the student-related 
sections of the bullying prevention and intervention plan required by section 370. 

SECTION 5. Said chapter 71 is hereby further amended by inserting after section 
37N the following section:- 

Section 370. (a) As used in this section the following words shall, unless the context 
clearly requires otherwise, have the following meaning:- 

" Approved private day or residential school", a school that accepts, through 
agreement with a school committee, a child requiring special education pursuant to section 
10 of chapter 71B. 

"Bullying", the repeated use by one or more students of a written, verbal or electronic 
expression or a physical act or gesture or any combination thereof, directed at a victim that: 
(i) causes physical or emotional harm to the victim or damage to the victim's property; (ii) 
places the victim in reasonable fear of harm to himself or of damage to his property; (iii) 
creates a hostile environment at school for the victim; (iv) infringes on the rights of the 
victim at school; or (v) materially and substantially disrupts the education process or the 
orderly operation of a school. For the purposes of this section, bullying shall include 
cyber-bullying. 



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"Charter school", commonwealth charter schools and Horace Mann charter schools 
established pursuant to section 89 of chapter 71. 

"Cyber-bullying", bullying through the use of technology or any electronic 
communication, which shall include, but shall not be limited to, any transfer of signs, signals, 
writing, images, sounds, data or intelligence of any nature transmitted in whole or in part by 
a wire, radio, electromagnetic, photo electronic or photo optical system, including, but not 
limited to, electronic mail, internet communications, instant messages or facsimile 
communications. Cyber-bullying shall also include (i) the creation of a web page or blog in 
which the creator assumes the identity of another person or (ii) the knowing impersonation 
of another person as the author of posted content or messages, if the creation or 
impersonation creates any of the conditions enumerated in clauses (i) to (v), inclusive, of the 
definition of bullying. Cyber-bullying shall also include the distribution by electronic means 
of a communication to more than one person or the posting of material on an electronic 
medium that may be accessed by one or more persons, if the distribution or posting creates 
any of the conditions enumerated in clauses (i) to (v), inclusive, of the definition of bullying. 

"Collaborative school", a school operated by an educational collaborative established 
pursuant to section 4E of chapter 40. 

"Department", the department of elementary and secondary education. 

"Hostile environment", a situation in which bullying causes the school environment 
to be permeated with intimidation, ridicule or insult that is sufficiently severe or pervasive 
to alter the conditions of the student's education. 

"Plan", a bullying prevention and intervention plan established pursuant to 
subsection (d). 

"Perpetrator", a student who engages in bullying or retaliation. 

"School district", the school department of a city or town, a regional school district 
or a county agricultural school. 

"School grounds", property on which a school building or facility is located or 
property that is owned, leased or used by a school district, charter school, non-public school, 
approved private day or residential school, or collaborative school for a school-sponsored 
activity, function, program, instruction or training. 

"Victim", a student against whom bullying or retaliation has been perpetrated. 

(b) Bullying shall be prohibited: (i) on school grounds, property immediately adjacent 
to school grounds, at a school-sponsored or school-related activity, function or program 
whether on or off school grounds, at a school bus stop, on a school bus or other vehicle 
owned, leased or used by a school district or school, or through the use of technology or an 
electronic device owned, leased or used by a school district or school and (ii) at a location, 
activity, function or program that is not school-related, or through the use of technology or 
an electronic device that is not owned, leased or used by a school district or school, if the 
bullying creates a hostile environment at school for the victim, infringes on the rights of the 
victim at school or materially and substantially disrupts the education process or the orderly 



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operation of a school. Nothing contained herein shall require schools to staff any non-school 
related activities, functions, or programs. 

Retaliation against a person who reports bullying, provides information during an 
investigation of bullying, or witnesses or has reliable information about bullying shall be 
prohibited. 

(c) Each school district, charter school, approved private day or residential school and 
collaborative school shall provide age-appropriate instruction on bullying prevention in each 
grade that is incorporated into the curriculum of the school district or school. The curriculum 
shall be evidence-based. 

(d) Each school district, charter school, non-public school, approved private day or 
residential school and collaborative school shall develop, adhere to and update a plan to 
address bullying prevention and intervention in consultation with teachers, school staff, 
professional support personnel, school volunteers, administrators, community 
representatives, local law enforcement agencies, students, parents and guardians. The 
consultation shall include, but not be limited to, notice and a public comment period; 
provided, however, that a non-public school shall only be required to give notice to and 
provide a comment period for families that have a child attending the school. The plan shall 
be updated at least biennially. 

Each plan shall include, but not be limited to: (i) descriptions of and statements 
prohibiting bullying, cyber-bullying and retaliation; (ii) clear procedures for students, staff, 
parents, guardians and others to report bullying or retaliation; (iii) a provision that reports of 
bullying or retaliation may be made anonymously; provided, however, that no disciplinary 
action shall be taken against a student solely on the basis of an anonymous report; (iv) clear 
procedures for promptly responding to and investigating reports of bullying or retaliation; 
(v) the range of disciplinary actions that may be taken against a perpetrator for bullying or 
retaliation; provided, however, that the disciplinary actions shall balance the need for 
accountability with the need to teach appropriate behavior; (vi) clear procedures for restoring 
a sense of safety for a victim and assessing that victim's needs for protection; (vii) strategies 
for protecting from bullying or retaliation a person who reports bullying, provides 
information during an investigation of bully ing or witnesses or has reliable information about 
an act of bullying; (viii) procedures consistent with state and federal law for promptly 
notifying the parents or guardians of a victim and a perpetrator; provided, further, that the 
parents or guardians of a victim shall also be notified of the action taken to prevent any 
further acts of bullying or retaliation; and provided, further, that the procedures shall provide 
for immediate notification pursuant to regulations promulgated under this subsection by the 
principal or person who holds a comparable role to the local law enforcement agency when 
criminal charges may be pursued against the perpetrator; (ix) a provision that a student who 
knowingly makes a false accusation of bullying or retaliation shall be subject to disciplinary 
action; and (x) a strategy for providing counseling or referral to appropriate services for 
perpetrators and victims and for appropriate family members of said students. The plan shall 
afford all students the same protection regardless of their status under the law. 



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A school district, charter school, non-public school, approved private day or 
residential school or collaborative school may establish separate discrimination or 
harassment policies that include categories of students. Nothing in this section shall prevent 
a school district, charter school, non-public school, approved private day or residential school 
or collaborative school from remediating any discrimination or harassment based on a 
person's membership in a legally protected category under local, state or federal law. 

The plan for a school district, charter school, approved private day or residential 
school and collaborative school shall include a provision for ongoing professional 
development to build the skills of all staff members, including, but not limited to, educators, 
administrators, school nurses, cafeteria workers, custodians, bus drivers, athletic coaches, 
advisors to extracurricular activities and paraprofessionals, to prevent, identify and respond 
to bullying. The content of such professional development shall include, but not be limited 
to: (i) developmentally appropriate strategies to prevent bullying incidents; (ii) 
developmentally appropriate strategies for immediate, effective interventions to stop bullying 
incidents; (iii) information regarding the complex interaction and power differential that can 
take place between and among a perpetrator, victim and witnesses to the bullying; (iv) 
research findings on bullying, including information about specific categories of students 
who have been shown to be particularly at risk for bullying in the school environment; (v) 
information on the incidence and nature of cyber-bullying; and (vi) internet safety issues as 
they relate to cyber-bullying. The department shall identify and offer information on 
alternative methods for fulfilling the professional development requirements of this section, 
at least 1 of which shall be available at no cost to school districts, charter schools, approved 
private day or residential schools and collaborative schools. 

The plan shall include provisions for informing parents and guardians about the 
bullying prevention curriculum of the school district or school and shall include, but not be 
limited to: (i) how parents and guardians can reinforce the curriculum at home and support 
the school district or school plan; (ii) the dynamics of bullying; and (iii) online safety and 
cyber-bullying. 

The department shall promulgate rules and regulations on the requirements related 
to a principal's duties under clause (viii) of the second paragraph of this subsection; 
provided, that school districts, charter schools, approved private day or residential schools 
and collaborative schools shall be subject to the regulations. A non-public school shall 
develop procedures for immediate notification by the principal or person who holds a 
comparable role to the local law enforcement agency when criminal charges may be pursued 
against the perpetrator. 

(e)(1) Each school district, charter school, non-public school, approved private day 
or residential school and collaborative school shall provide to students and parents or 
guardians, in age-appropriate terms and in the languages which are most prevalent among 
the students, parents or guardians, annual written notice of the relevant student-related 
sections of the plan. 



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Chap. 92 

(2) Each school district, charter school, non-public school, approved private day or 
residential school and collaborative school shall provide to all school staff annual written 
notice of the plan. The faculty and staff at each school shall be trained annually on the plan 
applicable to the school. Relevant sections of the plan relating to the duties of faculty and 
staff shall be included in a school district or school employee handbook. 

(3) The plan shall be posted on the website of each school district, charter school, 
non-public school, approved private day or residential school and collaborative school. 

(f) Each school principal or the person who holds a comparable position shall be 
responsible for the implementation and oversight of the plan at his school. 

(g) A member of a school staff, including, but not limited to, an educator, 
administrator, school nurse, cafeteria worker, custodian, bus driver, athletic coach, advisor 
to an extracurricular activity or paraprofessional, shall immediately report any instance of 
bullying or retaliation the staff member has witnessed or become aware of to the principal 
or to the school official identified in the plan as responsible for receiving such reports or 
both. Upon receipt of such a report, the school principal or a designee shall promptly 
conduct an investigation. If the school principal or a designee determines that bullying or 
retaliation has occurred, the school principal or designee shall (i) notify the local law 
enforcement agency if the school principal or designee believes that criminal charges may 
be pursued against a perpetrator; (ii) take appropriate disciplinary action; (iii) notify the 
parents or guardians of a perpetrator; and (iv) notify the parents or guardians of the victim, 
and to the extent consistent with state and federal law, notify them of the action taken to 
prevent any further acts of bullying or retaliation. 

(h) If an incident of bullying or retaliation involves students from more than one 
school district, charter school, non-public school, approved private day or residential school 
or collaborative school, the school district or school first informed of the bullying or 
retaliation shall, consistent with state and federal law, promptly notify the appropriate 
administrator of the other school district or school so that both may take appropriate action. 
If an incident of bullying or retaliation occurs on school grounds and involves a former 
student under the age of 21 who is no longer enrolled in a local school district, charter 
school, non-public school, approved private day or residential school or collaborative school, 
the school district or school informed of the bullying or retaliation shall contact law 
enforcement consistent with the provisions of clause (viii) of the second paragraph of 
subsection (d). 

(i) Nothing in this section shall supersede or replace existing rights or remedies under 
any other general or special law, nor shall this section create a private right of action. 

(j) The department, after consultation with the department of public health, the 
department of mental health, the attorney general, the Massachusetts District Attorneys 
Association and experts on bullying shall: (i) publish a model plan for school districts and 
schools to consider when creating their plans; and (ii) compile a list of bullying prevention 
and intervention resources, evidence-based curricula, best practices and academic-based 
research that shall be made available to schools. The model plan shall be consistent with the 



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Chap. 92 

behavioral health and public schools framework developed by the department in accordance 
with section 19 of chapter 321 of the acts of 2008. The resources may include, but shall not 
be limited to, print, audio, video or digital media; subscription based online services; and 
on-site or technology-enabled professional development and training sessions. The 
department shall biennially update the model plan and the list of the resources, curricula, best 
practices and research and shall post them on its website. 

SECTION 6. Said chapter 7 1 is hereby further amended by adding after section 92, 
added by section 8 of chapter 12 of the acts of 2010, the following section: - 

Section 93. Every public school providing computer access to students shall have a 
policy regarding internet safety measures to protect students from inappropriate subject 
matter and materials that can be accessed via the internet and shall notify the parents or 
guardians of all students attending the school of the policy. The policy and any standards and 
rules enforcing the policy shall be prescribed by the school committee in conjunction with 
the superintendent or the board of trustees of a commonwealth charter school. 

SECTION 7. The sixth paragraph of section 3 of chapter 71B of the General Laws, 
as appearing in the 2008 Official Edition, is hereby amended by inserting after the third 
sentence the following sentence:- 

Whenever the evaluation of the Individualized Education Program team indicates that 
the child has a disability that affects social skills development or that the child is vulnerable 
to bullying, harassment or teasing because of the child's disability, the Individualized 
Education Program shall address the skills and proficiencies needed to avoid and respond to 
bullying, harassment or teasing. 

SECTION 8. Said section 3 of said chapter 7 1 B, as so appearing, is hereby amended 
by inserting after the word "proficiencies", in line 1 54, the following words:- ; the skills and 
proficiencies needed to avoid and respond to bullying, harassment or teasing. 

SECTION 9. Section 43 of chapter 265 of the General Laws, as so appearing, is 
hereby amended by striking out subsection (a) and inserting in place thereof the following 
subsection:- 

(a) Whoever (1) willfully and maliciously engages in a knowing pattern of conduct 
or series of acts over a period of time directed at a specific person which seriously alarms or 
annoys that person and would cause a reasonable person to suffer substantial emotional 
distress, and (2) makes a threat with the intent to place the person in imminent fear of death 
or bodily injury, shall be guilty of the crime of stalking and shall be punished by 
imprisonment in the state prison for not more than 5 years or by a fine of not more than 
$1 ,000, or imprisonment in the house of correction for not more than 2 J4 years or by both 
such fine and imprisonment. The conduct, acts or threats described in this subsection shall 
include, but not be limited to, conduct, acts or threats conducted by mail or by use of a 
telephonic or telecommunication device or electronic communication device including, but 
not limited to, any device that transfers signs, signals, writing, images, sounds, data, or 
intelligence of any nature transmitted in whole or in part by a wire, radio, electromagnetic, 



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Chap. 92 

photo-electronic or photo-optical system, including, but not limited to. electronic mail, 
internet communications, instant messages or facsimile communications. 

SECTION 10. Section 43 A of said chapter 265, as so appearing, is hereby amended 
by striking out paragraph (a) and inserting in place thereof the following paragraph: - 

(a) Whoever willfully and maliciously engages in a knowing pattern of conduct or 
series of acts over a period of time directed at a specific person, which seriously alarms that 
person and would cause a reasonable person to suffer substantial emotional distress, shall be 
guilty of the crime of criminal harassment and shall be punished by imprisonment in a house 
of correction for not more than 2 Vz years or by a fine of not more than $1,000, or by both 
such fine and imprisonment. The conduct or acts described in this paragraph shall include, 
but not be limited to, conduct or acts conducted by mail or by use of a telephonic or 
telecommunication device or electronic communication device including, but not limited to. 
any device that transfers signs, signals, writing, images, sounds, data or intelligence of any 
nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or 
photo-optical system, including, but not limited to, electronic mail, internet communications, 
instant messages or facsimile communications. 

SECTION 11. Subsection (3) of section 13B of chapter 268 of the General Laws, 
as so appearing, is hereby amended by striking out the second sentence and inserting in place 
thereof the following sentence:- Such act shall include, but not be limited to. an act 
conducted by mail or by use of a telephonic or telecommunication device or electronic 
communication device including but not limited to any device that transfers signs, signals, 
writing, images, sounds, data, or intelligence of any nature transmitted in whole or in part by 
a wire, radio, electromagnetic, photo-electronic or photo-optical system, including, but not 
limited to, electronic mail, internet communications, instant messages or facsimile 
communications. 

SECTION 12. Chapter 269 of the General Laws is hereby amended by striking out 
section 14A, as so appearing, and inserting in place thereof the following section- 
Section 14 A. Whoever telephones another person or contacts another person by 
electronic communication, or causes a person to be telephoned or contacted by electronic 
communication, repeatedly, for the sole purpose of harassing, annoying or molesting the 
person or the person's family, whether or not conversation ensues, or whoever telephones 
or contacts a person repeatedly by electronic communication and uses indecent or obscene 
language to the person, shall be punished by a fine of not more than S 5 00 or by imprisonment 
for not more than 3 months, or by both such a fine and imprisonment. 

For purposes of this section, "electronic communication" shall include, but not be 
limited to, any transfer of signs, signals, writing, images, sounds, data or intelligence of any 
nature transmitted in whole or in part by a wire, radio, electromagnetic, photo-electronic or 
photo-optical system. 

SECTION 13. The department of elementary and secondary education shall period- 
ically review school districts, charter schools, approved private day or residential schools and 



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Chap. 92 

collaborative schools to determine whether the districts and schools are in compliance with 
this act. 

SECTION 14. The department of elementary and secondary education shall issue 
a report detailing cost-effective ways to implement the professional development 
requirements in subsection (d) of section 370 of chapter 71 of the General Laws; provided, 
further, that the report shall: (i) include an option available at no cost to school districts, 
charter schools, approved private day or residential schools and collaborative schools; (ii) 
explore the feasibility of an option for a "train-the-trainer" model, so-called, with 
demonstrated success and an option for online professional development; and (iii) include 
any other options which may be cost effective; provided, further, that the report shall include 
a cost estimate for the professional development; and provided, further, that the report shall 
be provided to the clerks of the senate and house of representatives not later than August 3 1 , 
2010; and provided, further, that the clerks of the senate and house of representatives shall 
forward the report to the chairs of the house and senate committees on ways and means and 
the house and senate chairs of the joint committee on education. 

SECTION 15. School districts, charter schools, approved private day or residential 
schools and collaborative schools shall establish a bullying prevention and intervention plan 
in compliance with this act and shall file the plan with the department of elementary and 
secondary education on or before December 31, 2010; provided, however, that school 
districts, charter schools, approved private day or residential schools and collaborative 
schools shall establish and have in place the professional development provisions of the 
fourth paragraph of subsection (d) of section 370 of chapter 71 of the General Laws at the 
start of the 2010-2011 academic year. Non-public schools shall establish a bullying 
prevention and intervention plan in compliance with this act on or before December 31, 
2010. 

SECTION 16. The department of elementary and secondary education shall publish 
guidelines for the implementation of social and emotional learning curricula in kindergarten 
to grade 12, inclusive, on or before June 30, 2011. The guidelines shall be updated 
biennially. For purposes of this section, social and emotional learning shall mean the 
processes by which children acquire the knowledge, attitudes and skills necessary to 
recognize and manage their emotions, demonstrate caring and concern for others, establish 
positive relationships, make responsible decisions and constructively handle challenging 
social situations. 

SECTION 17. The department of elementary and secondary education shall 
promulgate the rules and regulations required under the last paragraph of subsection (d) of 
Section 370 of chapter 71 of the General Laws on or before September 30, 2010. 

SECTION 18. There shall be a special commission to consist of 7 members: 1 of 
whom shall be the attorney general or a designee who shall chair the commission; 1 of whom 
shall be a representative of the Massachusetts District Attorneys Association; 1 of whom 
shall be a representative of the Massachusetts Chiefs of Police Association; 1 of whom shall 



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Chap. 92 

be a representative of the Massachusetts Sheriffs' Association; 1 of whom shall be a 
representative of the Massachusetts Association of School Committees; 1 of whom shall be 
a representative of the Massachusetts Association of School Superintendents; and 1 of whom 
shall be a representative of the Association of Independent Schools in New England who 
represents a Massachusetts school, for the purpose of making an investigation and study 
relative to bullying and cyber-bullying. The commission shall review the General Laws to 
determine if they need to be amended in order to address bullying and cyber-bullying; 
provided, further, that the commission shall also investigate parental responsibility and 
liability for bullying and cyber-bullying. The commission shall report to the general court 
the results of its investigation and study and its recommendations, if any, together with drafts 
of legislation necessary to carry out such recommendations, by filing the same with the clerks 
of the senate and the house of representatives who shall forward the same to the chairs of the 
joint committee on education, the chairs of the joint committee on the judiciary, and the 
chairs of the house and senate committees on ways and means on or before June 30, 201 1 . 

Approved, May 3, 2010. 



Chapter 93. AN ACT DESIGNATING A PORTION OF ROUTE 2 AS THE DENNIS 
RINDONE ROADWAY. 

Be it enacted, etc., as follows: 

The portion of route 2 in the town of Erving from mile marker 63.0 to mile marker 
65.1 shall be designated and known as the Dennis E. Rindone Roadway, in honor of the 
chairman of the route 2 safety improvement task force, and for his efforts in organizing and 
shepherding safety improvements on route 2. The Massachusetts Department of 
Transportation shall erect and maintain suitable markers bearing this designation in 
compliance with the standards of the department and historic preservations guidelines and 
laws. 

Approved, May 3, 2010. 



Chapter 94. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWN OF 
CLINTON AS THE ARTHUR J. MAYOU MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The bridge spanning routes 70 and 62 in the town of Clinton at Chestnut street over 
the Nashua river shall be designated and known as the Arthur J. Mayou Memorial Bridge, 
in honor of Arthur J. Mayou, who served honorably as a member of the rifle squad of the 
1 06th division of the Army of the United States during World War II, fought in the Battle of 



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Chap. 94 

the Bulge, and was captured and held by the German army as a prisoner of war for 5 months 
before being liberated in May of 1945. The Massachusetts Department of Transportation 
shall erect and maintain suitable markers bearing the designation in compliance with the 
standards of the department. 

Approved, May 3, 2010. 



Chapter 95. AN ACT DESIGNATING ROUTE 20 IN THE TOWN OF 
NORTHBOROUGH AS THE JOHN DAVIS HIGHWAY. 

Be it enacted, etc., as follows: 

The section of route 20 located within the boundaries of the town of Northborough, 
including East Main street and West Main street shall be designated and known as the John 
Davis Highway, in honor of John Davis, a native of the town of Northborough, who served 
as governor of the commonwealth in 1834 and 1835. The Massachusetts Department of 
Transportation shall erect and maintain suitable markers bearing that designation in 
compliance with the standards of the department. 

Approved, May 3, 2010. 



Chapter 96. AN ACT DESIGNATING A CERTAIN BRIDGE IN THE TOWN OF 
MANSFIELD AS THE S/SGT. EDWARD J. PAZSIT USAAF 
MEMORIAL BRIDGE. 

Be it enacted, etc., as follows: 

The bridge numbered MO3028 spanning interstate highway route 495 on West street 
in the town of Mansfield shall be designated and known as the S/Sgt. Edward J. Pazsit 
USAAF Memorial Bridge in memory of Staff Sergeant Edward Joseph Pazsit. The 
Massachusetts Department of Transportation shall erect and maintain suitable markers 
bearing the designation in compliance with the standards of the department and any existing 
historic preservation guidelines and laws. 

Approved, May 3, 2010. 



Chapter 97. AN ACT VALIDATING CERTAIN NOMINATION PAPERS FILED 
IN THE TOWN OF MILLVILLE FOR THE 2010 ANNUAL 
ELECTION. 

Be it enacted, etc., as follows: 



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Chap. 97 

SECTION 1. Notwithstanding section 7 of chapter 53 and section 4 of chapter 50 
of the General Laws, or any other general or special law to the contrary, nomination papers 
for town officers submitted to the board of registrars in the town of Millville on or before the 
eighteenth day of February, 2010 shall be valid for purposes of the April 5, 2010 Annual 
Election. 

SECTION 2. This act shall take effect upon its passage. 

Approved, May 3, 2010. 



Chapter 98. AN ACT RELATIVE TO THE BREWSTER BOARD OF WATER 
COMMISSIONERS 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 3 and 4 of chapter 172 of the acts of 1938 
and section 8 of chapter 552 of the acts of 1965 or any other law. rule or regulation to the 
contrary, the board of selectmen of the town of Brewster shall, after the effective date of this 
act, appoint the members of the town's board of water commissioners as the membership 
terms of the commissioners expire and the board of water commissioners shall thereafter be 
an appointed board. 

SECTION 2. This act shall take effect upon its passage. 

Approved. May 5, 2010. 



Chapter 99. AN ACT DESIGNATING THE LIBRARY AT THE CORRIGAN 
MENTAL HEALTH CENTER IN THE CITY OF FALL RIVER AS 
THE RALPH A. ROBERTS LIBRARY. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to designate forthwith the library at the Corrigan mental health center as the Ralph A. 
Roberts Library, therefore it is hereby declared to be an emergency law. necessary for the 
immediate preservation of the public convenience. 

Be it enacted etc., as follows: 

The library at the Corrigan mental health center in the city- of Fall River shall be 
designated and known as the Ralph A. Roberts Library in honor of Ralph A. Roberts. 

Approved. May 5. 2010. 



235 



Chapter 100. AN ACT RELATIVE TO THE CONVEYANCE OF CERTAIN 
CONSERVATION LAND IN THE TOWN OF SHARON. 

Be it enacted, etc., as follows: 

SECTION 1. The town of Sharon, acting by and through its conservation 
commission and the board of selectmen, may convey a portion of the property located at 83 
Belcher street in the town of Sharon, acquired for conservation purposes, to the Massapoag 
Sportsmen's Club of Sharon, Massachusetts for use as conservation land, including passive 
recreation. The property that may be transferred contains approximately 17.19 acres, and 
was conveyed to the town as part of a larger parcel in 1 998 by deed recorded in the Norfolk 
county registry of deeds at book 12212, page 104. It is shown as Lot 2-B on a plan of land 
entitled "Subdivision Plan of Land, Sharon, Mass." dated December 29, 2008 prepared by 
Sharon Survey Service, 10E. Chestnut Street, Sharon, MA on file in the office of the town 
engineer, and is subject to a public access easement. The deed of conveyance to the club 
shall contain a conservation restriction on the 17.19 acres. 

SECTION 2. In consideration for and as a condition of the conveyance of 
conservation land authorized in section 1, the Massapoag Sportsmen's Club shall convey 4 
parcels of land located at 86 Belcher street, totaling 35 acres, to the conservation commission 
of the town of Sharon to be held for conservation purposes. The parcels are shown as Lots 
1 -A, 3 -A, 5 and 6 on said plan described in section 1 and further described in a deed recorded 
at the Norfolk county registry of deeds in book 3520 at page 521 and are of equal or greater 
size and value than the property being transferred in said section 1. 

SECTION 3. As further consideration for and prior to the transfer described in 
section 2, the Massapoag Sportsmen's Club shall place a conservation restriction on the 4 
parcels, Lots 1-A, 3 -A, 5 and 6 and the restriction shall be held by the Massachusetts 
Audubon Society in accordance with section 31 of chapter 184 of the General Laws. 

SECTION 4. As additional further consideration, the Massapoag Sportsmen's Club 
and the conservation commission of the town of Sharon shall agree to relocate the easement 
of the public access trail in Lot 2-B to another location within club property for the benefit 
of the public and connect it to the existing trail within land owned by the town of Sharon. 

SECTION 5. This act shall take effect upon its passage. 

Approved, May 5,2010. 



Chapter 101. AN ACT ESTABLISHING A REGIONAL WASTEWATER DISTRICT 
FOR THE TOWNS OF MANSFIELD, FOXBOROUGH AND 
NORTON. 

Be it enacted, etc., as follows: 



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Chap. 101 

SECTION 1. There shall be a regional wastewater district for the towns of 
Mansfield, Foxborough and Norton, to be known as the MFN Regional Wastewater District, 
which shall be a body politic and corporate and political subdivision of the commonwealth. 
Notwithstanding the procedural requirements of section 25 of chapter 40N, or sections 28 
to 33, inclusive of chapter 21 of the General Laws all actions taken by the towns of 
Mansfield, Foxborough and Norton and the district commission which are not inconsistent 
with this act are hereby validated, ratified and confirmed in all respects. The purpose of the 
district shall be to manage and control the wastewater treatment plant, interceptors, effluent 
recharge and reuse system and appurtenances, to act as a regional wastewater district and to 
provide for the collection, treatment, discharge, recharge and reuse of effluent for the 
member towns. 

SECTION 2. For the purposes of this act, "district" shall mean the MFN Regional 
Wastewater District established in section 1 and "agreement" shall mean the agreement 
among the towns of Mansfield, Foxborough and Norton passed at the town meetings of those 
towns in 2008 as may be supplemented and amended by those towns in accordance with 
section 7. 

SECTION 3. (a) The powers, duties and liabilities of the district shall be vested in 
and exercised by a district commission organized in accordance with this section and the 
agreement. The commission shall choose a chairman and secretary by ballot from its 
membership. It shall appoint a treasurer, who shall not be a member of the commission. The 
treasurer shall receive and take charge of all money belonging to the district and shall pay 
any bill of the district which shall have been approved by the commission. The treasurer 
may, by vote of the commission, be compensated for services. The treasurer of the district 
shall be subject to sections 35, 52 and 1 09A of chapter 4 1 of the General Laws, provided that 
in applying said sections to said treasurer, the word "district" shall be substituted for "town" 
and "district commission" shall be substituted for "selectmen". 

(b) Foxborough and Norton shall appoint 2 commission members. Mansfield shall 
appoint 3 members. The Mansfield and Foxborough members shall be appointed by the 
board having the authority of water & sewer commissioners. One of the Norton members 
shall be appointed by the board of selectmen and the other by the board having the authority 
of water & sewer commissioners. 

SECTION 4. Notwithstanding the last sentence of section 25 of chapter 40N of the 
General Laws, the district shall have the following powers and duties: 

(1) to adopt a name and a corporate seal, and the engraved or printed facsimile of 
such seal appearing on a bond or note of the district shall have the same legal effect as such 
seal would have if it were impressed on the bond or note; 

(2) to sue and be sued, but only to the same extent and upon the same conditions that 
a city or town may be sued, and to plead and be impleaded; 

(3) to purchase, take by eminent domain under chapter 79 of the General Laws or 
otherwise acquire land within the member towns, or an interest in land within those towns, 



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for the purposes of the district to construct, reconstruct, replace, rehabilitate, repair, equip, 
operate and maintain wastewater treatment, pumping and collection and effluent recharge 
and reuse facilities for the benefit of said towns, or any other facilities necessary to carry out 
the purposes of the district; and to make any necessary contracts in relation to those 
purposes; provided, however, that at least 2 commission members from the town in which 
the land is located must vote in the affirmative; and provided, further, that land may be taken 
by eminent domain only if the district first requests, in writing, that the town take such land 
and the town does not take such land within 120 days after the district has requested; 

(4) to purchase or otherwise acquire land outside the member towns for the purposes 
stated in subsection (3), but only if the district first obtains approval, in writing, of the board 
of selectmen for each town in which the land is located or from the mayor and city council, 
aldermen or equivalent for each city in which the land is located; 

(5) to incur debt for the purpose of acquiring land, or an interest in land, and 
constructing, reconstructing, replacing, rehabilitating, repairing and equipping wastewater 
treatment, pumping, collection and effluent recharge and reuse facilities and any other 
facilities necessary to carry out the purposes of the district, including debt for the purposes 
of designing and otherwise planning any such improvements, for a term not exceeding 30 
years; but written notice of the amount of the debt and of the general purposes for which it 
was authorized shall be given to the board of selectmen of each town comprising the district 
and to each town's board exercising the powers of sewer commissioners not later than 10 
business days after the date on which said debt was authorized by the district commission, 
and no debt shall be incurred until the expiration of 45 days from the date said debt was 
authorized by the district commission; 

(6) to issue bonds and notes in the name and upon the full faith and credit of the 
district and each issue of bonds or notes shall be a separate loan; said bonds or notes shall 
be signed by the chairman and the treasurer of the district commission; provided, however 
that the chairman authorize the treasurer to cause to be engraved or printed on said bonds or 
notes a facsimile of the chairman's signature; provided, further that the chairman's 
authorization must be in writing, bearing the chairman's written signature, filed in the office 
of the treasurer, and open to public inspection; 

(7) to receive and disburse funds for a district purpose, and to invest funds in an 
investment legally permitted for a city or town; 

(8) to incur temporary debt in anticipation of revenue to be received from the member 
towns or from any other source; 

(9) to assess member towns for any expenses of the district; 

( 1 0) to maintain a reserve fund, and to carry over the remaining balance of such fund 
into the ensuing fiscal year, subject to the limitations in section 5; 

(1 1) to apply to receive and expend or hold a grant or gift for the purposes of the 
district; 

(12) to engage legal counsel, financial advisors, engineers, accountants, consultants, 
agents and other advisors; 



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Chap. 101 

(13) to submit an annual report to each of the member towns, containing a detailed 
financial statement and a statement showing the method by which the annual charges 
assessed against each town were computed; 

(14) to employ an executive director and such other employees as necessary to 
operate the district; 

(15) to enter into contracts with any persons, including, but not limited to, 
non-member cities and towns, other bodies politic and the United States of America, that are 
necessary or convenient to carrying out the powers of the district, including, but not limited 
to, contracts for the purchase or for the operation and management of the sewer, wastewater 
treatment plant, collection, treatment, reuse and recharge facilities of the district; 

(16) to enact by-laws and rules concerning the management and regulation of its 
affairs and the use of its facilities and the provision of its services; 

(17) to convey, sell, lease or otherwise dispose of any district real or personal 
property, or interests in such property, no longer needed for district purposes; and 

(1 8) to do any and all other things necessary and convenient to carry out the powers 
and purposes of the district, and all other things incidental and related to the powers of the 
district. 

An engraved or printed facsimile signature under subsection 5 shall have the same 
validity and effect as the chairman's written signature so long as it complies with all 
requirements of that subsection. 

SECTION 5. The district commission shall annually determine the amounts 
necessary to be raised to maintain and operate the district during the ensuing fiscal year, plus 
a reserve fund not to exceed 1 5 per cent of the annual budget for the ensuing year, and shall 
apportion the amounts so determined among the several member towns in accordance with 
the terms of the agreement. The amounts for the upcoming fiscal year so apportioned for 
each town shall, prior to February 1 in each year, be certified by the district treasurer to the 
treasurers of the member towns and to each town' s sewer commissioners or board exercising 
the powers of sewer commissioners. Except to the extent that the district treasurer's 
certification provides a credit from sewer system revenues and other sources, the sewer 
commissioners or board exercising the powers of sewer commissioners of each member town 
shall without further vote include each amount so certified in the amounts to be assessed 
annually in such town upon sewer users and others assessable under sections 14 to 24, 
inclusive, of chapter 83 of the General Laws and section 23 of chapter 59 of the General 
Laws, and with or without a town appropriation the town treasurer shall pay to the district 
the amounts so apportioned at the times specified in the agreement. The amounts apportioned 
or to be apportioned under the agreement shall not be included in calculating total taxes 
assessed in paragraph (a) of section 21 C of said chapter 59, or the maximum levy limit in 
paragraph (f), of said section 21C of said chapter 59. The amounts certified by the district 
treasurer shall be deemed to be for services customarily provided locally or subscribed to at 
local option and shall not be subject to the limitation of section 20B of said chapter 59. 



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Chap. 101 

SECTION 6. Notwithstanding chapter 44 of the General Laws, only sections 16 to 
28, inclusive, of said chapter 44, shall apply to the district; provided, however, that section 
1 6 of said chapter 44 relating to the countersigning of bonds and notes and section 24 of said 
chapter 44 relating to the countersigning and approval of notes and the certificates of the 
clerk relating to notes shall not apply to the district; and provided, further, that 
notwithstanding section 19 of said chapter 44 to the contrary, the maturities of each issue of 
bonds and notes of the district shall be arranged so that for each issue the amounts payable 
in the several years for principal and interest combined shall be as nearly equal as practicable, 
in the opinion of the treasurer, or in the alternative, in accordance with a schedule providing 
for a more rapid amortization of principal. Any debt incurred by the district shall not be 
subject to the limit of indebtedness prescribed in section 10 of said chapter 44. Nothing in 
this act shall prevent the individual towns from establishing and maintaining a sewer 
enterprise fund under section 53FV2 of said chapter 44 as the mechanism for assessing, 
collecting and paying the amounts certified by the district treasurer under sections 5 and 8. 

SECTION 7. The member towns shall adopt an agreement consistent with this act 
prior to organization of the district commission under section 2 and may from time to time 
amend the agreement so long as the amended agreement is consistent with this act. 

SECTION 8. Notwithstanding section 5 or the terms of the agreement or any general 
or special law to the contrary, each member town's share of the costs of the district's 
wastewater treatment facility improvements and expansion shall be based on each town's 
share of overall expansion and each member town's share of the costs of plant upgrade shall 
be based on each town's overall allocation of flow capacity as further detailed in the 
agreement. 

Each of the member towns shall pay its share of such costs upon receipt by the 
treasurer of the town of the certification of the costs allocated to that town under the 
agreement by the district treasurer, in accordance with the due date and payment instructions 
set by the district treasurer. Except to the extent that the district treasurer's certification 
provides a credit from sewer system revenues and other sources, the sewer commissioners 
or board exercising the powers of sewer commissioners of each member town shall without 
further vote include each amount so certified in the amounts to be assessed annually in such 
town upon sewer users and others assessable under sections 14 to 24, inclusive, of chapter 
83 of the General Laws and section 23 of chapter 59 of the General Laws, and, with or 
without a town appropriation, the town treasurer shall pay to the district the amounts so 
apportioned at the times specified in the agreement. The amounts apportioned or to be 
apportioned under the agreement shall not be included in calculating total taxes assessed in 
paragraph (a) of section 21 C of said chapter 59, or the maximum levy limit in paragraph (f), 
of said section 21C of said chapter 59. The amounts certified by the district treasurer shall 
be deemed to be for services customarily provided locally or subscribed to at local option and 
shall not be subject to the limitation of section 20B of said chapter 59. 

SECTION 9. In the event that a member town, which has received a certification of 
the district's charges, shall fail to pay the same to the district when due after demand by the 



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Chap. 101 

district, the district may, not less than 60 days after such demand and without any 
requirement of election of remedy provided that there is no duplication of recovery : (i) certify 
to the state treasurer the amount owing to the district by the member town, whereupon the 
state treasurer shall promptly pay over to the district any amount otherwise certified to the 
state treasurer for payment to the member town as unrestricted general government aid and 
any other amount for local reimbursement, grant or assistance programs entitled to be 
received by the member town until such time as any deficiency in the member town's 
payment of charges to the district shall be set off by such payments from the state treasurer; 
and (ii) recover from the member town in an action in superior court the amount of such 
unpaid charges together with such lost interest and other actual damages the district shall 
have sustained from the failure or refusal of the member town to pay over said amount. Any 
amount paid to the district by the state treasurer as a set off under this section which is later 
determined, upon audit, to be in excess of the actual amount of charges, interest and damages 
due to the district, shall, upon demand of the member town, be repaid by the district to the 
member town. 

SECTION 10. The district shall adopt such by-laws as may be necessary and proper 
for the effective functioning of the district and its operations, capital improvements and 
finances, including, but not limited to, by-law provisions as put forth in the agreement. The 
by-laws may also provide for appointment of alternate members and such other matters 
relative to the business and affairs of the district as may be appropriate to exercise all powers 
necessary, convenient or incidental to the purposes for which the district was formed. 

SECTION 11. The district may, from time to time, prescribe rules and regulations 
regarding the use of common sewers to prevent the entrance or discharge in the sewers of any 
substance which may tend to interfere with the flow of sewage or the proper operation of the 
sewerage system and the treatment and disposal works, for the connection of estates and 
buildings with sewers, for the construction, alteration and use of all connections entering into 
such sewers, and for the inspection of all materials used in the sewers; and may prescribe 
civil penalties, not exceeding $5,000 per violation for each day of violation of any such rule 
or regulation. The rules and regulations shall be published once in a newspaper of general 
circulation within each of the member towns, and shall include a notice that the rules and 
regulations shall be available for inspection by the public, and shall not take effect until such 
publication has been made. The rules and regulations shall conform with federal and state 
laws. 

Approved, May 5, 2010. 



Chapter 102. AN ACT AUTHORIZING THE CITY OF METHUEN TO LEASE A 
BUILDING TO THE HEAD START PROGRAM OF THE GREATER 
LAWRENCE COMMUNITY ACTION COUNCIL. 

Be it enacted, etc., as follows: 



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Chap. 102 

SECTION 1. Notwithstanding section 16 of chapter 30B of the General Laws, 
section 3 of chapter 40 of the General Laws or any other general or special law or rule or 
regulation to the contrary, the city known as the town of Methuen, acting by and through its 
mayor and subject to the approval of the city council, may lease for a term of not more than 
99 years a portion of certain parkland consisting of 39,126 square feet, more or less, located 
at 24 Gill avenue, and identified on the Methuen assessor's map as parcel 614-1 50-2, and the 
DAV building situated thereon to the Head Start Program of the Greater Lawrence 
Community Action Council. The Head Start Program shall demolish the DAV building and 
construct a new building with a parking lot, playground and walking path on 39,126 square 
feet of parkland at that location and shall enter into a lease for the same with the city known 
as the town of Methuen on such terms as the mayor, with the approval of the city council, 
may determine. 

SECTION 2. The land described in section 1 is subject to a restriction under the 
Land and Water Conservation Fund Act and the conversion of such property to a use not 
authorized under that act shall be subject to the approval by the National Park Service. Prior 
to the execution of the lease, the city known as the town of Methuen shall designate a parcel 
of equal or greater value for park and recreation purposes as required by the Land and Water 
Fund Conservation Act and the National Park Service. 

SECTION 3. This act shall take effect upon its passage. 

Approved, May 12, 2010. 



Chapter 103. AN ACT AUTHORIZING THE TOWN OF MILLBURY TO PAY A 
CERTAIN UNPAID BILL. 

Be it enacted, etc., as follows: 

SECTION 1 . The treasurer of the town of Millbury may pay from sums appropriated 
in fiscal year 2010 for the Millbury School Department to Earl G. Morrill Electrical 
Contractor, Inc., $50,400 for the installation of light poles and fixtures at Windle field, 
notwithstanding the failure of the town to comply with the laws relative to procurement and 
competitive bidding in the awarding of the contract. 

SECTION 2. This act shall take effect upon its passage. 

Approved, May 12, 2010. 



Chapter 104. AN ACT AUTHORIZING THE TOWN OF WILBRAHAM TO 
PROVIDE CERTAIN BENEFITS TO CHRISTOPHER J. DOYLE. 

Be it enacted, etc., as follows: 



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Chap. 104 

SECTION 1. Christopher J. Doyle shall be eligible for medical insurance coverage 
provided to retired town employees of the town of Wilbraham under chapter 32B of the 
General Laws and shall process claims first through that insurance. The town of Wilbraham 
shall reimburse Christopher J. Doyle for co-payments and deductibles paid by him and not 
covered by the insurance. 

SECTION 2. The board of selectmen of the town of Wilbraham may adopt rules and 
regulations necessary to carry out this act. 

SECTION 3. Sections 1 and 2 shall take effect as of April 25, 2009. 

SECTION 4. This act shall take effect upon its passage. 

Approved, May 20, 2010. 



Chapter 105. AN ACT AUTHORIZING THE TOWN OF OXFORD TO GRANT AN 
ADDITIONAL LICENSE FOR THE SALE OF WINES AND MALT 
BEVERAGES NOT TO BE DRUNK ON THE PREMISES. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the 
licensing authority of the town of Oxford may grant 1 additional license for the sale of wines 
and malt beverages not to be drunk on the premises under section 15 of said chapter 138 to 
Ashley M. Plasse, 126 Main street in the town of Oxford. The license shall be subject to all 
of said chapter 138 except said section 17. 

The licensing authority shall not approve the transfer of the license to any other 
location, but the license may be reissued by the licensing authority to a new applicant at the 
same location if the applicant files with the authority a letter from the department of revenue 
indicating that the license is in good standing with the department and that all applicable 
taxes have been paid. 

If the license granted under this section is cancelled, revoked or no longer in use, it 
shall be returned physically, with all of the legal rights, privileges and restrictions pertaining 
thereto, to the licensing authority which may then grant the license to a new applicant at the 
same location under the same conditions as specified in this act. 

SECTION 2. This act shall take effect upon its passage. 

Approved, May 20, 2010. 



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Chapter 106. AN ACT ESTABLISHING A SICK LEAVE BANK FOR SARAH F. 
BOWLER, AN EMPLOYEE OF THE DEPARTMENT OF CHILDREN 
AND FAMILIES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of 
children and families, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of children and families shall establish a sick leave bank for Sarah F. Bowler, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Sarah F. Bowler. 
Sick leave bank days shall not be used for absences unrelated to the illness or disability that 
necessitated the establishment of the sick leave bank as determined by the department. 
Whenever Sarah F. Bowler terminates employment with the department or requests to 
dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred 
to the extended illness leave bank. 

Approved, May 20, 2010. 



Chapter 107. AN ACT ESTABLISHING THE SHERWOOD FOREST LAKE 
DISTRICT IN THE TOWN OF BECKET. 

Be it enacted, etc., as follows: 

SECTION 1. There is hereby established within the town of Becket the Sherwood 
Forest Lake District which shall be bounded and described as follows: 

The land situated on the southerly side of state highway route 20 in said town of 
Becket as described and shown on the following plans, each of which is recorded in the 
Berkshire middle district registry of deeds: 

(1) Plan 1 , Unit 1 , showing blocks 2 through 1 1 in the Sherwood Forest development, 
owned by Sherwood Forest Enterprises, Inc., dated August 1963, recorded in plan Book 
41 7F, Page 7, as corrected by plan dated August 1963, recorded in plan book 417F, page 
8-A. 

(2) Special plan showing block LV-2 in the Sherwood Forest development, owned 
by Sherwood Forest Enterprises, Inc., dated August 1963, recorded in plan book 417F, 
page 8. 

(3) Plan 2 of Unit 1 , showing blocks 1 6 through 1 9, 24 through 26, RL-3 , NB- 1 , P- 1 , 
RL-1, LV-1 and LV-2 in the Sherwood Forest Development owned by Sherwood Forest 
Enterprises, Inc., dated August 1963, recorded in plan book 417F, page 7-A. 



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Chap. 107 

(4) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
January 17, 1966, recorded in plan book 417F, page 9. 

(5) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
January 18, 1966, recorded in plan book 417F, page 9-A. 

(6) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
January 19, 1966, recorded in plan book 417F, page 10. 

(7) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
January 20, 1966, recorded in plan book 417F, page 10-A. 

(8) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated May 
14, 1968, recorded in plan book 417F, page 104. 

(9) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
August 13, 1969, recorded in plan book 417F, page 140. 

(10) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
August 14, 1969, recorded in plan book 417F, page 141. 

(1 1) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
August 15, 1969, recorded in plan book 417F, page 142. 

(12) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
September 9, 1969, recorded in plan book 417F, page 143. 

(13) A portion of Sherwood Forest, a subdivision in Becket, Massachusetts, dated 
September 11, 1969, recorded in plan book 417F, page 144. 

(14) Lot 31, Block P-l, Sherwood Forest, a subdivision in Becket, Massachusetts, 
dated May 23, 1967, and recorded in plan book 417D, page 151. 

SECTION 2. Membership in the district shall consist of the proprietors, from time 
to time, of 1 or more separately assessed parcels of lands lying within the district boundaries 
as set forth in section 1 . For the purposes of this act, "proprietor" shall include natural 
persons and other entities empowered to own real estate in the commonwealth including, but 
not limited to, corporations, partnerships, realty trusts and federal, state and local 
governmental units. "Proprietor" shall also include a mortgagee of record in possession of 
any 1 or more separately assessed parcels and persons or entities who jointly own 1 or more 
separately assessed parcels. Persons or entities that jointly own 1 or more separately assessed 
parcels within the district shall collectively constitute a proprietor for the purposes of this act. 

SECTION 3. The district, upon establishment in the manner hereafter set forth, shall 
have the following powers: 

(a) to repair, reconstruct, replace and maintain lakes, dams, spillways, drains and 
beaches on the 5 lakes within Sherwood Forest, including Robin Hood Lake, Little Robin 
Hood Lake, Lancelot Lake, Nottingham Lake and Excalibur Lake, and to monitor, test and 
treat the water in the lakes and to take such action as may be necessary for the control of all 
nuisance flora and fauna; 

(b) to adopt an annual budget and to raise and appropriate money by assessment in 
an amount necessary to carry out the purposes for which this district is formed; 



245 



Chap. 107 

(c) to sue and be sued in its own name, and to plead and be impleaded; provided, 
however, that neither the district nor any officer or employee thereof shall be liable in tort 
except as provided in chapter 258 of the General Laws; and provided further, that the district 
may indemnify its officers and employees to the extent provided in said chapter 258; 

(d) to adopt by-laws for the regulation of its affairs in the conduct of its business, 
which by-laws shall be consistent with the powers conferred by this act and with applicable 
provisions of the General Laws; 

(e) to accept, by gift, transfer or purchase, the ownership of real property and interests 
in real property within the district including, but not limited to, the ownership of lakes, 
beaches and common area property and to sell, transfer, mortgage and take such other action 
with regard to real property as is consistent with the powers conferred in this act; 

(f) to procure liability insurance on all property and property interests owned by the 
district including, but not limited to, beaches and dams and to procure such other insurance 
against any loss in connection with carrying out the purposes of this act in such amount and 
from such insurers as it deems desirable; 

(g) to make and enter into any contracts and agreements necessary or incidental to the 
accomplishment of its purposes, subject to appropriation by the district, and including, but 
not limited to, contracts for legal and engineering services; 

(h) to employ such experts as may be deemed necessary in its judgment and to fix 
their compensation; 

(i) to receive and accept from a federal agency, the commonwealth, the municipality 
or from a charitable foundation, a private corporation or an individual, grants, gifts, loans and 
advances for or in aid of the purposes of this district including, but not limited to, 
revenue-sharing funds and community development block grant funds; 

(j) from time to time, to borrow money in order to carry out the purposes of this act 
to the extent permitted for districts under chapter 44 of the General Laws; 

(k) to invest any funds not required for the immediate use of the district in such 
manner and to the extent permitted under the General Laws for the investment of such funds 
by the treasurer of a town; 

(1) to enter upon the streets and ways within the district in order to carry out the 
purposes of this act; 

(m) to manage, purchase, lease, control and supervise equipment, materials, services 
and facilities necessary or appropriate to accomplish the purposes of this act including, but 
not limited to, weed harvesting equipment, dredging apparatus and lake draw-down facilities 
for either temporary or permanent water level control and recreational swimming and boating 
facilities; 

(n) to initiate and coordinate research and surveys for the purpose of gathering data 
and to plan and implement projects on the lake, related shore lands, watershed and the 
drainage basins relating to the reclamation, enhancement, preservation and maintenance of 
the lakes and the water quality in the lakes; 



246 



Chap. 107 

(o) to reimburse proprietors for the costs of establishing the district and for the costs 
of preliminary investigations and other activities of the district incurred within 1 year of the 
formation of the district including, but not limited to, costs for legal services, water testing, 
surveying, engineering costs, expenses for notification of proprietors and similar expenses; 
and 

(p) to do all acts necessary or convenient to carry out the powers expressed or by 
necessary implication, conferred upon the district by this act and not inconsistent with the 
General Laws. 

SECTION 4. Within 180 days after the effective date of this act, the selectmen of 
the town of Becket shall call the initial meeting of the proprietors of the district. The board 
of assessors shall furnish the selectmen with its then current listing of all proprietors within 
the district. Upon receiving such list, the selectmen shall prepare and mail, postage prepaid, 
a notice to each proprietor, signed by the selectmen, setting forth a time and place of a 
meeting to occur within said 180-day period, but not less than 14 days from the date of 
mailing of the notice. The notice shall be in the form of a warrant specifying the matters 
upon which action shall be taken at the meeting and shall further clearly state that the 
purpose of the meeting is to consider the organization of the district. The selectmen shall, 
not later than 14 days prior to the date of such meeting, cause a copy of the notice to be 
posted in 1 or more public access locations within the town. At the initial meeting of the 
district, a selectman shall preside and shall call the meeting to order. The selectman shall 
determine whether or not a sufficient number of proprietors or their proxies are present to 
constitute a quorum. For the purposes of the initial meeting a quorum shall be a majority of 
the proprietors. A proprietor may be represented by a proxy. In the absence of a quorum, 
the meeting shall have no authority to act, but the selectmen may, in the manner above 
provided call additional meetings for the same purpose within such 180-day period. 

SECTION 5. Provided that the number of proprietors present or represented by 
proxy constitute a quorum, the initial meeting of the district shall then proceed to the 
following order of business: 

(a) election of a moderator who shall be chosen by ballot; 

(b) certification by the moderator to the district meeting that a quorum is present, 
such initial quorum to consist of a majority of the proprietors of the district and who have 
been certified to by the assessor of the town of Becket as being the current landowners for 
property located in the district; provided, however, that no person who has submitted an 
application for exclusion from the district pursuant to section 21 shall be eligible to vote; 

(c) the taking of a vote to determine whether or not the district established by this act 
shall be organized, which shall require an affirmative vote of two-thirds of the persons in 
attendance and authorized to vote; provided, however, that no person who has submitted an 
application for exclusion from the district pursuant to section 21 shall be eligible to vote; 
provided further, if the vote shall be in the negative, the meeting shall thereupon terminate 
and adjourn but if the vote shall be in the affirmative, the meeting shall then proceed to 
consider the order of business set forth in clauses (d) to (g), inclusive; 



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Chap. 107 

(d) the adoption of district by-laws and form of district seal; 

(e) the election of a clerk, treasurer and the members of the lake district prudential 
committee. The clerk and the treasurer shall be proprietors of the district entitled to vote at 
district meetings. If the district shall so elect, 1 person may serve as both clerk and treasurer. 
If the district or the proprietors at subsequent meetings, consider it advisable, they may also 
elect an assistant treasurer, who may also serve as clerk. The committee shall consist of 7 
persons who are proprietors of the district. In addition to the 7 regular members of the 
committee, there shall be 1 alternate committee member, who shall vote in place of a 
member who is absent or in the event of a conflict. The committee members and alternate 
shall be chosen by election by the proprietors entitled to vote at district meetings. The clerk, 
treasurer and committee members shall serve from the date of the initial meeting until the 
election and qualification of their successors at or following the first annual meeting of the 
district, and thereafter as provided from time to time in the district by-laws; provided, 
however, that such interval between the election of those officers and committee members 
shall not be greater than 2 years; and provided further, that the clerk, assistant treasurer and 
the treasurer shall not be members of the committee. 

(f) the adoption of an initial budget for the remainder of the fiscal year and the 
appropriation of monies to be raised by taxation in support thereof; and 

(g) the consideration of such other business as shall be consistent with the power and 
authority conferred by this act. 

The clerk shall prepare a certificate of the vote taken to organize the district and shall 
affix the form of seal thereto as adopted by the initial district meeting and shall obtain the 
endorsement of the selectman initially presiding at the meeting thereon. Such certificate 
shall be forwarded to the attorney general within 30 days after adjournment of the meeting. 

SECTION 6. Immediately upon its election at the initial meeting of the district and 
thereafter immediately following each annual meeting of the district, the committee shall 
meet and: 

(a) elect a chairperson who shall preside at all meetings of the committee; provided, 
however, that the chairperson shall appoint a vice chairperson who shall preside at meetings 
of the committee in the absence of the chairperson or in the event of the chairperson's 
inability to act or because of a conflict of interest; 

(b) adopt rules for the general conduct of its business; and 

(c) conduct such other business as authorized by this act or by the by-laws of the 
district adopted pursuant to this act; provided, however, that upon completion of the first 
meeting of the district, written notice of the establishment thereof shall be sent by the clerk 
to the commissioner of revenue. 

SECTION 7. (a) Annual meetings of the district shall be held on the second 
Saturday in July or at such other time as the district shall establish from time to time in its 
by-laws. Annual and special meetings of the district shall be called by a warrant of the lake 
district prudential committee, notice of which shall be given at least 14 days before such 
meeting. The warrant shall be mailed first class, postage prepaid, to each proprietor of record 



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Chap. 107 

in the district and a copy of the same shall be directed to a constable of the town or to some 
other person who shall forthwith give notice of such meeting in the manner prescribed by the 
by-laws, or, if no provision therefor shall exist in the by-laws, by a vote of the district or by 
posting in at least 2 public places within the district or by advertising in a newspaper 
published in the town, if any, otherwise in a newspaper published in the county. The warrant 
for all district meetings shall state the time and place of holding the meeting and the subjects 
to be acted upon. The committee shall insert in the warrant for the annual meeting all 
subjects the insertion of which shall be requested of them in writing by 10 or more 
proprietors of the district and the warrant for a special meeting all subjects the insertion of 
which shall be requested of them in writing by 20 proprietors or by 10 per cent of the total 
number of proprietors within said district, whichever is less. The committee shall call a 
special district meeting at its own request or upon the request in writing of 10 proprietors or 
20 per cent of the total number of proprietors within the district, whichever is less, and such 
meeting shall be held not later than 30 days after the receipt of such request and the 
committee shall insert in the warrant all subjects the insertion of which shall be requested by 
the petition. No action shall be valid unless the subject matter thereof is contained in the 
warrant. Two or more district meetings for distinct purposes may be called by the same 
warrant. At every district meeting, a moderator shall be chosen by ballot who shall have the 
powers of a moderator at a town meeting. 

(b) At the initial district meeting and at all subsequent annual and special meetings, 
voting by proprietors shall be governed by the requirements of this section. Persons or 
entities owning 1 or more separately assessed parcels of land within the district shall be 
entitled to cast 1 vote for each separately assessed parcel on any matter or issue to be voted 
upon, notwithstanding the total number of parcels owned by such proprietor. Joint owners 
and entity proprietors shall designate, in writing to the clerk prior to the commencement of 
the meeting, 1 person who shall be authorized to vote on behalf of the proprietor at such 
meeting and such person shall be presumed qualified and authorized to represent the 
proprietor if such person shall be listed as record owner of the parcel or parcels or if such 
person shall, as evidenced by a public record maintained under the laws of the 
commonwealth, be listed as a partner, trustee, agent, officer or employee of a proprietor. A 
person owning 1 or more parcels together with his spouse shall not be required to furnish a 
written designation from his spouse and either shall be presumed to be qualified to vote but 
only 1 vote for each property owned shall be made. The authority of a person to cast a proxy 
vote on behalf of a proprietor shall be determined by the district by-laws. All proxies shall 
be tendered in writing prior to the commencement of a district meeting and shall clearly set 
forth the name and address of the proprietor entering the proxy, the name and address of the 
person authorized to exercise the proxy the signature of the proprietor designating the same 
and the date of execution. The district may, if it so elects, adopt in its by-laws requirements 
regarding the form of proxy, the duration of a proxy, and other requirements for the form of 
voting. 



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Chap. 107 

SECTION 8. District meetings and meetings of the committee shall be governed by 
chapter 39 of the General Laws except as otherwise provided in this act and the by-laws 
adopted hereunder. 

SECTION 9. At least 30 days prior to the annual district meeting the board of 
assessors of the town of Becket shall prepare and forward to the committee a true and 
complete alphabetical listing, with addresses, of the proprietors reflected in their records, 
excluding the proprietors who have been granted exclusion from the district as of January 
1 of that year and from the records maintained by the assessors pursuant to chapter 59 of the 
General Laws and other related provisions of the General Laws. A copy of such list shall be 
maintained in a manner accessible to the proprietors and the general public at all reasonable 
times by the committee and the district clerk and shall be available for inspection at the 
annual meeting and any special meeting of the district. The board of assessors shall likewise 
maintain a list of proprietors within their town by separate list or special designation on their 
list of all assessed parcels. 

SECTION 10. The district may, at meetings called therefor, raise money by 
assessment for the purposes set forth in this act but for none other. 

SECTION 11. The fiscal year of the district shall be the same fiscal year as 
established by the General Laws for cities and towns. 

SECTION 12. Unless otherwise specified in this act or in the by-laws of the district 
or otherwise required by General Law, all actions permitted to be taken at annual or special 
meetings of the district shall require a majority vote of those persons present at said meeting 
and entitled to vote, who shall constitute a quorum. 

SECTION 13. At the first annual meeting of the district and at each annual meeting 
thereafter, the district shall elect in the manner provided for in its by-laws the members of 
the committee constituted as aforesaid and also a clerk and treasurer of the district. Upon 
their election, the committee, clerk and treasurer shall serve for the terms set forth in the 
by-laws and until their successors shall have been elected at the next annual meeting of the 
district called for that purpose. Vacancies in the committee due to resignation or other cause 
shall be filled at a special district meeting called for that purpose by the remaining members 
of the committee, which meeting shall occur within 30 days from the date of such vacancy. 
In the event that no member of the committee shall remain in office due to resignation or 
otherwise, the selectmen of the town of Becket may issue a warrant for a special meeting of 
the district to occur within said 30-day period and shall, in the interim, exercise the powers 
and duties of the committee until the successors shall be elected at the special meeting. 

SECTION 14. The committee shall be responsible for the expenditure and shall 
expend, for the purposes prescribed by the district, the money so raised and borrowed by the 
district and shall annually prepare a budget with advice from the treasurer and, in his 
absence, the assistant treasurer and shall submit such budget to the annual district meeting 
for its approval. Upon approval of the budget by the district which shall be deemed to 
constitute an appropriation for the expenses enumerated therein, the clerk of the district shall 



250 



Chap. 107 

certify to the assessors of the town all the votes of the district relative thereto and all sums 
of money voted to be raised which shall be assessed and collected in the same manner as 
town taxes,, and shall be paid over to the district treasurer. The assessors, treasurer and 
collector of the town of Becket shall have the same powers and duties relative to the 
assessment, collection and abatement or granting of exemptions relative to money voted by 
the district as they have and exercise relative to the assessment, collection and abatement and 
granting of exemptions relative to town taxes and the sum so voted shall be assessed upon 
the assessed value of the land and buildings situated within the district or personal property 
situated thereon. The district shall include in its initial and in all subsequent annual 
appropriations, compensation for the town assessors and tax collector, pursuant to the 
provisions of section 108B of chapter 41 of the General Laws with respect to their duties and 
expenses hereunder. 

SECTION 15. The district treasurer shall, in addition to any other powers and duties 
specified in this act. receive and take charge of all money belonging to the district and pay 
over and account for the same according to the order of the district or of its committee. The 
assistant treasurer and the treasurer shall be the only persons authorized to pay any district 
bill; provided, however, that this provision shall not prohibit the treasurer or assistant 
treasurer from paying such bill by the use of bank treasurer's or cashier's check. The district 
shall further have the authority given to an auditor by section 5 1 of chapter 41 of the General 
Laws, and shall annually render a true account of his receipts and disbursements and a report 
of his official acts to the district. The treasurer and assistant treasurer, if there is 1 elected, 
shall give bond annually for the performance of his duties in a form approved by the 
commissioner of revenue and in such sum. which shall be not less than the amount 
established by said commissioner, as shall be fixed by the committee, with the costs of such 
bond to be paid by the district, and if either fails to give such bond within 1 days after his 
election or appointment, or if within 1 days after the expiration of the bond or a renewal of 
the bond either 1 fails to file a renewal thereof, the committee shall declare that office vacant 
and the vacancy shall be filled by the committee in the manner provided for the appointment 
of temporary town officers under section 40 of chapter 41 of the General Laws. Vacancies 
occurring in the office of treasurer or assistant treasurer for any other reason shall be rilled 
by the committee in a like manner. 

SECTION 16. Unless otherwise provided by district by-law. the clerk shall, in 
addition to the other duties specified herein, take all minutes at district meetings and 
maintain a record of such minutes in the manner provided for the maintenance of records of 
minutes of town meetings. Vacancies occurring in the office of clerk shall be filled by the 
committee by appointment in the same manner as provided for treasurer in section 15. 

SECTION 17. Unless otherwise provided by district by-law, the committee shall, 
in addition to the other duties specified herein, decide by majority vote on all contracts, 
expenditures, investments or any other actions necessary for earning out the purposes of the 
district. No monies shall be drawn from the district treasury except upon signature of the 
district treasurer or assistant treasurer and upon prior authorization by the committee to the 



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Chap. 107 

extent required by district by-law. The committee shall meet as necessary, but not less than 
quarterly in order to approve contracts, expenditures and investments or to take other actions 
necessary for carrying out the purposes of the district. The district treasurer shall submit to 
the committee in a timely manner all contracts, bills, or other items requiring committee 
approval. A quorum of the committee shall be required at all meetings for the conduct of any 
business and shall consist of a majority of the total number of committee members then 
constituted by the district as the committee. 

SECTION 18. The district may, by majority vote, agree upon appropriate 
compensation for its officers and employees, including the committee members, in the event 
that the district shall include in its budget appropriations for its employees or committee 
members to perform duties with respect to the lakes within the district. 

SECTION 19. The town of Becket shall not be obligated for any debts of the district 
nor shall it, by virtue of this act, be required to pay for any expenses of the district; provided, 
however, that nothing in this act shall preclude the acceptance of any enabling legislation 
permitting the expenditure of monies by the town on activities under the jurisdiction of the 
district. 

SECTION 20. If a person sustains bodily injury or property damage by reason of 
defect or want of repair for an activity performed by the district, claims for such injury or 
damage shall be governed by chapter 258 of the General Laws. 

SECTION 21. The committee, at a meeting called therefor, may annex adjacent 
territory and its inhabitants if, in the judgment of the committee, the property has legal access 
to the lakes in the district and a majority of the committee members vote to expand the limits 
of the district. If a person requests to be included in the district, such person shall pay a fee 
in an amount to be determined by the committee based on the annual assessment for the years 
during which the person was excluded from the district. The committee also may, on the 
petition of any person, exclude him or his estate from the district; provided, however, that 
such exclusion shall not be granted by the district if the estate of the petitioner is directly 
abutting any lake under the jurisdiction of the district; and provided further, that the 
petitioner shall agree to release any easement rights to access the lakes and the beaches in the 
district. The petition for exclusion or exemption from taxation shall be filed with the district 
committee not later than the date set for the filing of petitions for the insertion of articles in 
the warrant of the district meeting or at which the petition is to be acted upon, and shall state 
the petitioner's reason for seeking exclusion or exemption from taxation. An application for 
exclusion from the district may be filed with the board of selectmen for the town of Becket 
prior to the initial meeting for the creation of the district as set forth in section 5 and any such 
application shall be provided to the committee for vote after creation of the district. The 
committee shall cause an appropriate article to be inserted in the warrant for the meeting, 
shall examine the reasons stated and shall report its findings, with recommendations to the 
meeting. No property shall be subject to a tax assessed on account of the activities of the 
district if, in the judgment of the committee, after a hearing, due notice of which shall be 
given, such property is so situated that it does not benefit from the activities of the district. 



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A petitioner aggrieved by the action of the committee or by the action of the proprietors of 
the district on his petition may appeal to the superior court sitting in equity within the county 
in which the district is located for a remedy. Upon such appeal, the court shall, if the reason 
set forth by the petitioner is found to lie within the intent of this section, grant the exclusion. 
The grant of exclusion shall exempt the property and estate of the petitioner from the lake 
district and from any tax levied by reason of an appropriation made by the district after the 
filing of the petition with the committee. 

SECTION 22. The district shall establish an overlay account and a reserve fund as 
contemplated for towns under the provisions of section 25 of chapter 59 of the General Laws 
and section 5C of chapter 40 of the General Laws, except that the initial fiscal year of the 
operation of the district, the assessors for the town of Becket, may add to the amount to be 
assessed, a sum voted by the district equal to not more than 20 per cent thereof for the 
purposes and subject to the remaining limitations set forth in said section 25 of said chapter 
59. The district may establish and maintain a stabilization fund under section 5B of chapter 
40 of the General Laws. The district shall further be subject to an audit of its accounts in the 
manner provided in section 40 of chapter 44 of the General Laws. 

SECTION 23. By a petition in writing addressed to the committee and signed by a 
majority of the proprietors of the district who are entitled to vote at the most recent district 
meeting prior to the filing of the petition, such petitioners may request that the district be 
disbanded on the basis that there is no further need for its existence. A three-quarters 
affirmative vote of all proprietors shall be necessary to disband the district. Notwithstanding 
the foregoing provision, the district shall not be disbanded if, at the time of such vote, there 
are outstanding obligations with respect to which insufficient appropriated funds or surplus 
funds exist in the district treasury for the purpose of satisfying those obligations. If sufficient 
funds shall be determined to exist at the meeting to accomplish the payment of all 
outstanding obligations, such action shall be taken forthwith by the committee or by the 
selectmen of the town of Becket upon the failure of the committee to act with respect thereto. 
In the event there shall exist in the district treasury surplus funds remaining after the payment 
of all outstanding obligations as aforesaid, such funds shall be distributed by the committee 
to the property owners within the district based upon the percentage that the most recent 
assessed valuation of the land for each district property owner shall bear to the total or 
aggregate assessed valuation of the land lying within the district. No such distribution of 
surplus shall be made by the committee until it shall have first published once a week for 3 
successive weeks in a newspaper of at least weekly publication within the county of 
Berkshire, a notice of intent to disband the district which shall afford reasonable notice to all 
creditors and possible claimants against the district of the intended action. Further, within 
10 days after an affirmative vote to disband, the district clerk shall file with the clerk of the 
town of Becket, with the state secretary and with the commissioner of revenue an attested 
copy of the petition and a certified copy of the district vote. Upon completion of the 
aforesaid action and upon the expiration of 6 months after the date of the meeting and vote, 
the Sherwood Forest Lake District shall cease to exist. 



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Chap. 107 

SECTION 24. If the first meeting of the district shall not be held within 1 year after 
the effective date of this act, this act shall cease to be operative. 
SECTION 25. This act shall take effect upon its passage. 

Approved, May 20, 2010. 



Chapter 108. AN ACT RELATIVE TO THE HISTORIC DISTRICTS 
COMMISSION OF THE TOWN OF CONCORD 

Be it enacted, etc., as follows: 

SECTION 1. The first paragraph of section 4 of chapter 345 of the acts of 1960 is 
hereby amended by inserting after the word "Society ", in line 6, the following words:- , 
doing business as the Concord Museum. 

SECTION 2. Said first paragraph of said section 4 of said chapter 345 is hereby 
further amended by striking out the words "Public Library", in line 1 0, and inserting in place 
thereof the following words:- Free Public Library Corporation. 

SECTION 3. Said first paragraph of said section 4 of said chapter 345 is hereby 
further amended by striking out the word "conservation", in lines 18 and 19, and inserting 
in place thereof the following words:- natural resources. 

SECTION 4. The second paragraph of said section 4 of said chapter 345 is hereby 
amended by adding the following sentence:- If the trustees of the Concord Free Public 
Library Corporation, the planning board, the natural resources commission or the Concord 
Antiquarian Society doing business as the Concord Museum fail to nominate candidates in 
accordance with this section within 90 days of a written request by the board of selectmen 
for nominees, said board may proceed with an appointment to fill the vacancy. 

SECTION 5. The fourth paragraph of section 8 of said chapter 345 is hereby 
amended by striking out the words "forty-five", in line 2, and inserting in place thereof the 
following figure:- 60. 

SECTION 6. The first paragraph of section 1 of said chapter 345 is hereby amended 
by inserting after the first sentence the following sentence: -Notice of the action with a copy 
of the complaint shall be given to the town clerk so as to be received within such 20 days. 

Approved, May 20, 2010. 



Chapter 109. AN ACT EXEMPTING CERTAIN EMPLOYEES IN THE TOWN OF 
BROOKLINE FROM THE CIVIL SERVICE LAWS. 

Be it enacted, etc., as follows: 



ISA 



Chap. 109 

SECTION 1 . Notwithstanding any general or special law to the contrary, no position 
in the town of Brookline, including the school department, shall be subject to chapter 3 1 of 
the General Laws except police officers and firefighters, regardless of rank. 

SECTION 2. The provisions of section 1 shall not impair the civil service status of 
any person holding a position in the town of Brookline, including its school department, on 
the effective date of this act. 

Approved, May 20, 2010. 



Chapter 110. AN ACT RELATIVE TO PAYMENT FOR SERVICES RENDERED 
FOR EXTRAORDINARY STORM DAMAGE IN THE TOWN OF 
TEMPLETON 

Be it enacted, etc., as follows: 

Notwithstanding chapter 3 0B of the General Laws, or any other general or special law 
or contract to the contrary, the town of Templeton, subject to appropriation, may pay to 
Mayer Tree Service, Inc. the sum of $228,630.75 for storm damage debris removal services. 

Approved, May 20, 2010. 



Chapter 111. AN ACT AMENDING THE CHARTER OF THE TOWN OF 
STOUGHTON. 

Be it enacted, etc., as follows: 

The charter of the town of Stoughton, which is on file in the office of archivist of the 
commonwealth as provided in section 12 of chapter 43B of the General Laws, is hereby 
amended, in article 7, by striking out section 7-6 and inserting in place thereof the following 
2 sections :- 

Section 7-6.1 Vacancies among Town Meeting Representatives 
In the event of any vacancy in the full number of elected town meeting 
representatives from any precinct, the remaining elected representatives of the precinct shall 
choose from among the registered voters thereof a successor to serve until the next annual 
election. The town clerk shall call a special meeting of the remaining representatives from 
such precinct for the purpose of filling such vacancy. The town clerk shall mail notice of the 
special meeting to each representative from the precinct specifying the objective, time and 
place of such meeting. The meeting shall be held not less than 4 days after mailing of such 
notice and not less than 14 days before convening of the regular or a special town meeting 
during which the vacancy is to be filled. 



255 



Chap. Ill 

At such meeting, a majority of the remaining representatives shall constitute a 
quorum. The election to fill such vacancy shall be by ballot and the candidate or candidates 
receiving the greatest number of votes cast shall be deemed elected and shall be notified by 
the precinct clerk. 

The precinct clerk shall forthwith file with the town clerk a certificate of such 
election, together with a written acceptance by the representative or representatives elected 
who shall thereupon be deemed elected and qualified as town meeting representatives, 
subject to the right of all the town meeting representatives to judge of the election and 
qualification of the representatives. 

Section 7-6.2 Election by Ballot for Town Meeting Representative 

The town clerk shall determine the number of full terms and the number of partial 
terms to be elected to the office of town meeting representative. The ballot shall indicate the 
total number of town meeting representatives to be elected, the number of full terms to be 
filled, and the number and term of years of partial terms to be filled, and the candidates shall 
be listed together on the ballot as required by section 8-5. The ballot shall also include such 
directions as shall aid the voter relative to the manner of election provided for in this section. 
At the close of the election, in descending order, the candidates receiving the highest number 
of votes shall be elected to the 3 -year terms to be filled at the election, the candidates 
receiving the next highest number of votes shall be elected to the 2-year terms to be filled at 
the election and after those vacancies are filled, the candidates receiving the next highest 
number of votes shall be elected to the 1-year terms to be filled at the election. 

Approved, May 20, 2010. 



Chapter 112. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
2010 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND 
PROJECTS. 

Whereas, The deferred operation of this act would tend to defeat its purposes, which 
is to make forthwith supplemental appropriations for fiscal year 2010 and to make certain 
changes in law, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. To provide for supplementing certain items in the general 
appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in 
section 2 are hereby appropriated from the General Fund unless specifically designated 
otherwise in this act or in those appropriation acts, for the several purposes and subject to the 



256 



Chap. 112 

conditions specified in this act or in those appropriation acts, and subject to the laws 
regulating the disbursement of public funds for the fiscal year ending June 30. 2010. These 
sums shall be in addition to any amounts previously appropriated and made available for the 
purposes of those items. 
SECTION 2. 

JUDICIARY 
Committee for Public Counsel Services 

0321-1510 $25,000,000 

SECRETARY OF THE COMMONWEALTH 

Office of the Secretary of the Commonwealth 

0521-0000 $257,041 

TREASURER AND RECEIVER-GENERAL 

Office of the Treasurer and Receiver -General 

0610-0050 $250,000 

0612-0105 $200,000 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES 

Department of Veterans' Services 

1410-0400 $2,113,000 

OFFICE OF THE STATE COMPTROLLER 

Office of the State Comptroller 

1599-3384 $2,500,000 

EXECUTIVE OFFICE OF LABOR AND WORKFORCE DEVELOPMENT 

Department of Workforce Development 

7003-0701 $9,500,000 

EXECUTIVE OFFICE OF EDUCATION 

Department of Higher Education 

7070-0065 $996,753 

EXECUTIVE OFFICE OF PUBLIC SAFETY AND SECURITY 

Military Division 

8700-0001 $1,050,000 



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Chap. 112 

SECTION 2A. To provide for certain unanticipated obligations of the 
commonwealth, to provide for alterations of purposes for current appropriations, and to meet 
certain requirements of law, the sums set forth in this section are hereby appropriated from 
the General Fund unless specifically designated otherwise, for the several purposes and 
subject to the conditions specified in this section and subject to laws regulating the 
disbursement of public funds for the fiscal year ending June 30, 20 1 0. The sums shall be in 
addition to any amounts previously appropriated and made available for the purposes of these 
items. 

LEGISLATURE 

Senate 

95 1 0-0000 For expenses incurred by the senate related to the joint committee 

on redistricting, prior appropriation continued $350,000 

House of Representatives 

9610-0000 For expenses incurred by the house of representatives related to 
the joint committee on redistricting, prior appropriation 
continued $350,000 

SECTION 3. Section 178Q of chapter 6 of the General Laws, as appearing in the 
2008 Official Edition, is hereby amended by striking out, in lines 23 and 24, the words "by 
the sex offender registry board and shall be transmitted to the treasurer for deposit into the 
General Fund" and inserting in place thereof the following words:- and retained by the sex 
offender registry board. 

SECTION 4. Chapter 7 of the General Laws is hereby amended by inserting after 
section 380 the following section :- 

Section 38P. (a) For the purposes of this section the following words shall have the 
following meanings unless the context clearly requires otherwise :- 

"Agency", the Massachusetts Department of Transportation, the Massachusetts Port 
Authority and the Massachusetts Bay Transportation Authority. 

"Architectural and engineering services", (i) professional services of an architectural 
or engineering nature, as defined by state law, which are required to be performed or 
approved by a person licensed, registered or certified to provide those services as described 
herein; (ii) professional services of an architectural or engineering nature performed by 
contract that are associated with research planning, development, design, investigations, 
inspections, tests, evaluations, consultations, program management, value engineering, 
construction, alteration or repair of real property; and (iii) such other professional services 
of an architectural or engineering nature, or incidental services, which members of the 
architectural and engineering professions and individuals in their employ may logically or 
justifiably perform, including studies, investigations, surveying and mapping, soil tests, con- 



258 



Chap. 112 

struction phase services, drawing reviews, evaluations, consultations, comprehensive 
planning, program management, conceptual designs, plans and specifications, soils 
engineering, cost estimates or programs, preparation of drawings, plans or specifications, 
supervision or administration of construction contracts, construction management or 
scheduling, preparation of operation and maintenance manuals and other related services. 

"Firm", an individual, firm, partnership, corporation, association or other legal entity 
authorized by law to practice the professions of architecture, engineering, land surveying, 
landscape architecture, environmental science, planning or program management. 

"Public works project", a capital improvement project or a design, study, plan, survey 
or new or existing program activity of an agency, including the development of new or 
existing programs that require architectural, engineering or related professional services; 
provided, however, that "public works project" shall not include a public building 
construction project undertaken under chapters 7, 149 and 149 A. 

"Related professional services", (i) professional services, including land surveying, 
landscape architecture, environmental science and planning, which are required to be 
performed or approved by a person licensed, registered or certified to provide such services 
as described herein; (ii) professional services performed by contract that are associated with 
research, planning, development, design, investigations, inspections, surveying and mapping, 
tests, evaluations, consultations, comprehensive planning program management, value 
engineering, construction, alteration or repair of real property; and (iii) such other 
professional services, or incidental services, which members of the related professions as 
described herein and individuals in their employ may logically or justifiably perform, 
including master plans, studies, surveys, soil tests, cost estimates or programs, preparation 
of drawings, plans or specifications, supervision or administration of construction contracts, 
construction management or scheduling, conceptual designs, plans and specifications, 
construction phase services, soils engineering, drawing reviews, cost estimating, preparation 
of operation and maintenance manuals and other related services; provided, however, that 
nothing herein shall be construed to constitute a regulation or oversight of any designated 
firms or identified professionals' services. 

(b) For those agencies that prequalify architectural, engineering and related services, 
the agency shall require firms engaged in the lawful practice of their profession to submit a 
statement of qualifications and performance data every 2 years to the agency pursuant to the 
terms and schedule as determined by the agency. Agencies that prequalify shall have the 
option of selecting firms from their prequalified list of firms based on the agency policies and 
without further publically advertising the selection. 

(c) Whenever a public works project requiring architectural, engineering or related 
professional services is to be advertised by an agency, the agency shall provide not less than 
14 days advance notice published in a professional services bulletin or advertised on the 
official agency website setting forth the public works project and services to be procured. 
The professional services bulletin shall be made available to each firm that requests the infor- 
mation. The professional services bulletin shall include a description of each public works 



259 



Chap. 112 

project and shall state the time and place for an interested firm to submit a statement of 
qualifications and, if required by the public notice, a letter of interest and technical proposal. 
If the agency determines that a sole source selection of a qualified firm is in the best interest 
of the agency, then the public notice provisions of this subsection shall not apply. 

(d) An agency shall evaluate the firms submitting statements of qualifications, taking 
into account qualifications, letters of interest and technical proposals, and the agency may 
consider, but shall not be limited to considering, ability of professional personnel, past record 
and experience, performance data on file, willingness to meet time requirements, location, 
workload of the firm and any other qualifications based on factors that the agency may 
determine in writing are applicable. The agency may conduct discussions with, and require 
presentations by, firms deemed to be the most qualified regarding their qualifications, 
approach to the public works project and ability to furnish the required services. An agency 
shall not, prior to selecting a firm for negotiation, seek formal or informal submission of 
verbal or written estimates of costs or proposals in terms of dollars, hours required, 
percentage of construction cost or any other measure of compensation. 

(e) (1) An agency shall select architects, engineers and related professional firms on 
the basis of qualifications for the type of professional services required, and on technical 
proposals, if submitted. An agency may solicit or use pricing policies and proposals or other 
pricing information to determine consultant compensation only after the agency has selected 
a firm and initiated negotiations with the selected firm. 

(2) The procedures that an agency creates for the screening and selection of firms 
shall be within the sole discretion of the agency and may be adjusted to accommodate the 
agency's scope, schedule and budget objectives for a particular public works project 

(3) The decision of an agency that has complied with this chapter shall be final and 
binding. 

(f) (1) The agency and the selected firm shall discuss and refine the scope of services 
for the public works project and shall negotiate conditions including, but not limited to, 
compensation level and performance schedule based on scope of services. The compensation 
level paid shall be reasonable and fair to the agency as determined solely by the agency. In 
making such determination, the agency shall take into account the estimated value of the 
services to be rendered and the scope, complexity and professional nature thereof. 

(2) If the agency and the selected firm are unable for any reason to negotiate a 
contract at a compensation level that is reasonable and fair to the agency, the agency shall, 
in writing, formally terminate negotiations with the selected firm. The agency shall then 
negotiate with the second ranked most qualified firm. The negotiation process shall continue 
in this manner through successive ranked firms until an agreement is reached or the agency 
terminates the consultant contracting process. 

(g) This section shall not apply to the procurement of architectural, engineering and 
related professional services by agencies: (i) when an agency determines in writing that it is 
in the best interest of the agency to proceed with the immediate selection of a firm; (ii) in 
emergencies when immediate services are necessary to protect the public health and safety; 



260 



Chap. 112 

or (iii) when these services are to be provided as part of a design-build project pursuant to 
sections 14 to 21, inclusive, of chapter 149A. 

(h) Each agency shall evaluate the performance of each firm upon completion of a 
contract. The evaluation shall be made available to the firm which may submit a written 
response 

SECTION 5. Section 3 1 of chapter 9 of the General Laws, as appearing in the 2008 
Official Edition, is hereby amended by striking out the fourth and fifth sentences and 
inserting in place thereof the following 2 sentences:- From March 15, 2003, until June 30, 
2016, all surcharges on fees collected pursuant to this section shall be forwarded to the 
Registers Technological Fund, established in section 2JJJ of chapter 29. From July 1 , 201 6, 
all of the surcharges shall be forwarded to the General Fund as provided in section 2 of said 
chapter 29. 

SECTION 6. Section 21 of chapter 3 0B of the General Laws is hereby repealed 

SECTION 7. Section 1 of chapter 32 of the General Laws, as most recently 
amended by section 47 of chapter 25 of the acts of 2009, is hereby amended by striking out 
the definition of "Commonwealth's pension liability", as appearing in the 2008 Official 
Edition, and inserting in place thereof the following definition:- 

"Commonwealth's pension liability", the financial obligation of the commonwealth 
to pay all retirement benefits pursuant to this chapter for the state employees' retirement 
system, the teachers' retirement system, for teachers employed by the city of Boston and for 
the commonwealth's share of the administrative cost of the State-Boston retirement system, 
and to reimburse local retirement systems for cost of living adjustments pursuant to section 
1 02 and including any other pension obligations of a system or of the commonwealth relative 
to future pension liabilities which the commonwealth may assume by general or special law 
on behalf of any system other than the state employees' retirement system, the teachers' 
retirement system and for teachers employed by the city of Boston, and the commonwealth's 
financial obligations which are associated with cost-of-living adjustments or other benefits 
for members of systems other than the state employees' retirement system and the teachers' 
retirement system who are not teachers employed by the city of Boston. 

SECTION 8. Said section 1 of said chapter 32 is hereby further amended by striking 
out, in line 134, as so appearing, the words "and teachers' retirement systems" and inserting 
in place thereof the following words:- retirement system, the teachers' retirement system and 
the State-Boston retirement system on behalf of teachers who are members of that system. 

SECTION 9. Said section 1 of said chapter 32 is hereby further amended by striking 
out, in lines 533 to 538, inclusive, as so appearing, the words "; provided, that "teacher" shall 
not be deemed to include, nor shall sections one to twenty-eight inclusive apply, to any 
person who is a teacher in the public schools of the city of Boston, except to such a teacher 
who on September first, nineteen hundred and twenty-three, was employed by the city of 
Boston and was then a member of the teachers' retirement system". 



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Chap. 112 

SECTION 10. Section 2 of said chapter 32 is hereby amended by inserting after the 
word "system", in line 23, as so appearing, the following words:- , except that a teacher 
employed by the school committee of the city of Boston shall be included in the State-Boston 
retirement system. 

SECTION 11. Section 20 of said chapter 32 is hereby amended by inserting after 
the word "town", in line 17, as so appearing, the following words:- , except the city of 
Boston,. 

SECTION 12. Said section 20 of said chapter 32 is hereby further amended by 
striking out, in lines 24 to 27, inclusive, as so appearing, the words "or under the 
State-Boston retirement system, and the chairman or secretary of the school committee of 
such city or town, or the chairman or executive officer of the Boston retirement board," and 
inserting in place thereof the following words:- and the chairman or secretary of the school 
committee of such city or town. 

SECTION 13. The first paragraph of section 22 of said chapter 32, as so appearing, 
is hereby further amended by inserting after the first sentence the following sentence:- The 
State-Boston retirement system shall establish those funds to credit assets received, acquired 
or held attributable to non-teacher members of that system and shall also establish the funds 
to credit assets received, acquired or held attributable to teachers who are members of that 
system. 

SECTION 14. Said section 22 of said chapter 32 is hereby further amended by 
striking out, in lines 789 and 790, as so appearing, the words "and the teachers "' and 
inserting in place thereof the following words:-, the teachers' retirement system and the 
State-Boston. 

SECTION 15. Said section 22 of said chapter 32 is hereby further amended by 
striking out, in lines 790 and 791, as so appearing, the words "and the teachers' retirement 
board" and inserting in place thereof the following words:- , the teachers' retirement board 
and the State-Boston retirement system for the purpose of funding their teacher retirement 
benefits. 

SECTION 16. Subparagraph (i) of paragraph (c) of subdivision (7) of said section 
22 of said chapter 32, as so appearing, is hereby amended by inserting after the second 
sentence the following 3 sentences:- In addition to the foregoing, the State-Boston retirement 
system shall furnish to the actuary any information that the actuary requires to determine the 
amount payable on account of the employment of teachers in the city of Boston. The actuary 
shall determine the amount payable on account of the employment of such teachers and a 
separate amount payable as a result of the employment of all other members of the 
State-Boston retirement system. The actuary shall specify in a written notice to the 
State-Boston retirement board the specific amounts payable as a result of the employment 
of teachers in the city of Boston and of all members of the State-Boston retirement system 
other than teachers. 



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Chap. 112 

SECTION 17. Paragraph (a) of subdivision (8) of said section 22 of said chapter 32, 
as so appearing, is hereby amended by striking out the last sentence and inserting in place 
thereof the following sentence:- The assets of the state employees' retirement system, the 
teachers' retirement system and assets of the State-Boston retirement system attributable to 
teachers who are members of that system shall be held in the PRIT Fund. 

SECTION 18. Section 23 of said chapter 32 is hereby amended by striking out 
subdivision (1), as so appearing, and inserting in place thereof the following subdivision:- 

(1) (a) The funds of the state employees' retirement system and the teachers' 
retirement system and the assets of the State-Boston retirement system attributable to 
teachers who are members of that system shall be held in the PRIT Fund. The board of each 
such system shall annually, on or before May 1, file in the office of the commissioner, on a 
form prescribed by the commissioner, a sworn statement of the financial condition of the 
system as of December 3 1 of the previous year and of all the financial transactions of the 
system during the previous year. The commissioner may, for cause shown, extend the time 
for filing any such statement. 

(b) Notwithstanding any general or special law to the contrary, assets of the 
State-Boston retirement system attributable to teachers who are members of the system shall 
be invested in the PRIT Fund, and for purposes of those assets and the payment of benefits 
to those teachers and their beneficiaries, the State-Boston retirement system shall be 
considered a participating system in the PRIT Fund, but the system shall not receive a share 
of any appropriations made under section 22B or under paragraph (b) of subdivision (8) of 
section 22, and the board of the system shall not be able to revoke this participation. 

SECTION 19. Section 41 of chapter 36 of the General Laws, as so appearing, is 
hereby amended by striking out the fourth and fifth sentences and inserting in place thereof 
the following 2 sentences:- From March 1 5, 2003, until June 30, 2016, all surcharges on fees 
collected pursuant to this section shall be forwarded to the County Registers Technological 
Fund established in section 2KKK of chapter 29. From July 1, 2016, all of the surcharges 
shall be forwarded to the General Fund as provided in section 2 of chapter 29. 

SECTION 20. The first sentence of the second paragraph of section 1 1 of chapter 
64D of the General Laws, as appearing in section 2 of chapter 61 of the acts of 2009, is 
hereby amended by striking out the words ", established by the secretary of administration 
and finance in 2009, is insufficient in any given fiscal year to satisfy the unfunded county 
pension liabilities and other benefit liabilities of retired employees of the sheriffs office as 
determined by the secretary of administration and finance in consultation with appropriate 
county officials and county treasurers, beginning in fiscal year 201 1, the county shall retain 
13.625 per cent of the taxes collected in such county and transferred to the Deeds Excise 
Fund" and inserting in place thereof the following words:- to fund from its own revenues in 
fiscal year 2009 the operation of the sheriffs office is insufficient in any fiscal year to satisfy 
the unfunded county pension liabilities and other benefit liabilities of retired employees of 
the sheriffs office, as determined by agreement of the secretary of administration and 
finance, the actuary of the Public Employee Retirement Administration Commission, the re- 



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Chap. 112 

tirement associations and their actuaries and the county treasurers, beginning in fiscal year 
201 1 , the county shall retain and shall transfer to the Deeds Excise Fund in which it shall be 
held separate and apart from all other funds and from which it shall be appropriated solely 
for this purpose, an additional amount of the deeds excise collected in that county necessary 
as determined by agreement of the secretary of administration and finance, the actuary of the 
Public Employee Retirement Administration Commission, the retirement associations and 
their actuaries and the county treasurers to meet its annual retirement assessment and. 

SECTION 21. Subsection (a) of section 12 of said chapter 64D, as so appearing, is 
hereby amended by striking out the words "the amounts deposited in the Deeds Excise Fund 
for each county from revenues collected pursuant to this chapter" and inserting in place 
thereof the following words:- that portion of the amounts deposited in the Deeds Excise Fund 
for each county from revenues collected pursuant to this chapter which represents 1 0.625 per 
cent of the taxes collected. 

SECTION 22. Section 8 A of chapter 81 of the General Laws is hereby repealed. 

SECTION 23. Chapter 85 of the General Laws is hereby amended by striking out 
section 7 A, as amended by section 76 of chapter 25 of the acts of 2009, and inserting in place 
thereof the following section:- 

Section 7 A. (a) For the purposes of this section, "person" shall include surveyors of 
highways, road commissioners, superintendents of streets in towns, commissioners of public 
works in cities and towns, the chief engineer of the highway division of the Massachusetts 
Department of Transportation, the chief administrative officers of state agencies and private 
persons, including corporations. 

(b) No person shall store sodium chloride, calcium chloride or chemically treated 
abrasives or other chemicals used for the removal of snow or ice on roadways in such a 
manner or place as to subject a water supply or groundwater supply to the risk of con- 
tamination. 

(c) Any sodium chloride, calcium chloride or chemically treated abrasives or other 
chemicals used for the removal of snow or ice on roadways and stored within 200 hundred 
yards of an established river or estuary shall be stored in a solid frame storage shed to insure 
against ground leaching and airborne pollution of surrounding property. This subsection 
shall not apply to: (1) a water-dependent marine cargo facility that, on or before May 10, 
1 991 , stored or distributed any such snow removal chemicals, is currently located at the site 
from which such chemicals were stored or distributed on or before May 10, 1991, such 
chemicals are stored or distributed with 200 yards of an established river or estuary and such 
river or estuary has a depth-averaged annual salinity greater than 10 parts per 1,000; or (2) 
a water-dependent marine cargo facility that stores or distributes any such snow removal 
chemicals, is located on an established river or estuary that has a depth-averaged annual 
salinity greater than 10 parts per 1 ,000 and has an agreement with the municipality in which 
it is located providing for the best management practices. 

(d) The department of environmental protection, in consultation with the highway 
division, may issue regulations as to the place and manner of storage of such chemicals and 



264 



Chap. 112 

may regulate, by specific order in a particular case, the place where such chemicals may be 
used for such purpose. All water-dependent marine cargo facilities storing chemicals used 
for the removal of snow and ice on roads shall have the best management practices described 
in writing for inspection at the facility by the department. 

(e) A violation of this section or a regulation or order issued hereunder shall be 
punished by a fine not to exceed $50 dollars per day. 

(f) A person who uses more than 1 ton of the chemicals described in this section in 
a calendar year shall report annually to the department of environmental protection on 
November 1 and at such other times as prescribed the amount of such chemicals used in the 
previous 12 months specified by road section or other location and the amount of chemicals 
on hand. Copies of such reports shall be made available upon the request of a concerned 
state or municipal agency or commission. The department may require studies by competent 
professional personnel of the probable impact of proposed new or improved highways and 
the maintenance thereof by use of such chemicals upon reservoirs, ponds, streams, lakes, 
wetlands and the groundwater aquifers associated with both public and private water sources. 
Estimates of such chemicals to be applied on proposed roadways and other paved areas shall 
be based upon the most recent records of chemicals actually applied as reported under this 
section. 

SECTION 24. Chapter 90 of the General Laws is hereby amended by inserting after 
section 321 the following section:- 

Section 32J. (a) As used in this section, "car-sharing organization" shall mean a 
membership-based entity with a distributed fleet of private passenger motor vehicles that are 
made available to its members primarily for hourly or other short-term use through a 
self-service fully automated reservation system that periodically charges a membership fee 
separate from a use-based fee relating to a specific vehicle; provided, however, that 
"car-sharing organization" shall not include an arrangement where a separate written 
agreement is entered into each time a vehicle is transferred to a customer. 

(b) Vehicles in a fleet of a car-sharing organization may display private passenger 
motor vehicle registration number plates issued by the registrar; provided, however, that a 
registered vehicle of any such organization which identifies the name of the organization by 
business markings thereon shall not be required to display a commercial registration plate 
if the markings are limited to the name, address, telephone number, logo or website address 
of the organization. 

SECTION 25. Section 189A of chapter 111 of the General Laws, as appearing in 
the 2008 Official Edition, is hereby amended by inserting after the definition of "Advisory 
committee" the following definition:- 

"Child-occupied facility", a building or portion thereof constructed before 1 978 and 
visited regularly by the same child, under 6 years of age, on at least 2 different days within 
a week if each day's visit lasts at least 3 hours, the combined weekly visits last at least 6 
hours and the combined annual visits last at least 60 hours, and shall include but not be 
limited to, day care centers, preschools and kindergarten classrooms; provided, however, that 



265 



Chap. 112 

child-occupied facilities may be located in residential premises or in public or commercial 
buildings. 

SECTION 26. Section 1 97B of said chapter 1 1 1 , as so appearing, is hereby amended 
by inserting after the word "premises", in lines 34 and 108, each time it appears, the 
following words:- or child-occupied facility. 

SECTION 27. Subsection (c) of said section 1 97B of said chapter 111, as so 
appearing, is hereby amended by striking out the last sentence and inserting in place thereof 
the following sentence:- The department shall also, in consultation with the director, adopt 
regulations specifying licensing requirements and safety procedures to be used by all persons 
employed in performing renovations or rehabilitation in a residential premises or 
child-occupied facilities in a manner that disturbs paint, plaster or other materials containing 
dangerous levels of lead. 

SECTION 28. Section 47D of chapter 164 of the General Laws, as so appearing, is 
hereby amended by striking out, in line 4, the words, "section 23B of chapter 39" and 
inserting in place thereof the following words:- sections 20 and 21 of chapter 30A. 

SECTION 29. Chapter 25 8E of the General Laws is hereby amended by striking out 
section 2, as appearing in chapter 23 of the acts of 2010, and inserting in place thereof the 
following section:- 

Section 2. Proceedings under this chapter shall be filed, heard and determined in the 
superior court department or the respective divisions of the district court department or the 
Boston municipal court department having venue over the plaintiff s residence. The juvenile 
court department shall have exclusive jurisdiction of proceedings under this chapter in which 
the defendant is under the age of 1 7. Such proceedings shall be filed, heard and determined 
in the division of the juvenile court department having venue over the plaintiffs residence. 

SECTION 30. The second sentence of subsection (g) of section 3 of said chapter 
25 8E, as so appearing, is hereby amended by adding the following words:- ; including, but 
not limited to, court actions, administrative proceedings and disciplinary proceedings. 

SECTION 31. Said chapter 25 8E is hereby further amended by striking out section 
8, as so appearing, and inserting in place thereof the following section:- 

Section 8. Whenever a law officer has reason to believe that a person has been 
abused or harassed or is in danger of being abused or harassed, such officer shall use all 
reasonable means to prevent further abuse or harassment. Law officers shall make every 
reasonable effort to do the following as part of the emergency response: 

(1) assess the immediate physical danger to the victim and provide assistance 
reasonably intended to mitigate the safety risk; 

(2) if there is observable injury to the victim or if the victim is complaining of injury, 
encourage the victim to seek medical attention and arrange for medical assistance or request 
an ambulance for transport to a hospital; 

(3) if a sexual assault has occurred, notify the victim that there are time-sensitive 
medical or forensic options that may be available, encourage the victim to seek medical at- 



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Chap. 112 

tention and arrange for medical assistance or request an ambulance for transport to a hospital; 

(4) provide the victim with referrals to local resources that may assist the victim in 
locating and getting to a safe place; 

(5) provide adequate notice to the victim of the victim's rights including, but not 
limited to, obtaining a harassment prevention order; provided, however, that the notice shall 
consist of providing the victim with a copy of the following statement before the officer 
leaves the scene or premises and after reading the statement to the victim; provided further, 
that if the victim's native language is not English, the statement shall be then provided in the 
victim's native language whenever possible: 

"You have the right to appear at the Superior, Juvenile (only if the attacker is under 
1 7), District or Boston Municipal Court, if you reside within the appropriate jurisdiction, and 
file a complaint requesting any of the following applicable orders: (i) an order restraining 
your attacker from harassing or abusing you; (ii) an order directing your attacker to refrain 
from contacting you; (iii) an order directing your attacker to stay away from your home and 
your workplace; (iv) an order directing your attacker to pay you for losses suffered as a result 
of the harassment or abuse, including loss of earnings, out-of-pocket losses for injuries 
sustained or property damaged, costs of replacement of locks, medical expenses, cost for 
obtaining an unlisted phone number, and reasonable attorneys' fees. 

For an emergency on weekends, holidays or weeknights, the police will assist you in 
activating the emergency response system so that you may file a complaint and request a 
harassment prevention order. 

You have the right to go to the appropriate court and apply for a criminal complaint 
for sexual assault, threats, criminal stalking, criminal harassment, assault and battery, assault 
with a deadly weapon, assault with intent to kill or other related offenses. 

If you are in need of medical treatment, you have the right to request that an officer 
present drive you to the nearest hospital or otherwise assist you in obtaining medical 
treatment. 

If you believe that police protection is needed for your physical safety, you have the 
right to request that the officer present remain at the scene until you can leave or until your 
safety is otherwise ensured. You may also request that the officer assist you in locating and 
taking you to a safe place including, but not limited to, a designated meeting place for a 
shelter or a family member's or a friend's residence or a similar place of safety. 

You may request and obtain a copy of the police incident report at no cost from the 
police department."; 

(6) assist the victim by activating the emergency judicial system when the court is 
closed for business; 

(7) inform the victim that the abuser will be eligible for bail and may be promptly 
released; and 

(8) arrest any person that a law officer witnessed or has probable cause to believe 
violated a temporary or permanent vacate, restraining, stay-away or no-contact order or 
judgment issued under this chapter or similar protection order issued by another jurisdiction; 
provided, however, that if there are no vacate, restraining, stay-away or no-contact orders or 

267 



Chap. 112 

judgments in effect, arresting the person shall be the preferred response if the law officer 
witnessed or has probable cause to believe that a person: (i) has committed a felony; (ii) has 
committed a misdemeanor involving harassment or abuse as defined in section 1 ; or (iii) has 
committed an assault and battery in violation of section 1 3 A of chapter 265; provided further, 
that the safety of the victim shall be paramount in any decision to arrest; and provided 
further, that if a law officer arrests both parties, the law officer shall submit a detailed, 
written report in addition to an incident report, setting forth the grounds for arresting both 
parties. 

No law officer shall be held liable in a civil action for personal injury or property 
damage brought by a party to an incident of abuse or for an arrest based on probable cause 
when such officer acted reasonably and in good faith and in compliance with this chapter. 

Whenever a law officer investigates an incident of harassment, the officer shall 
immediately file a written incident report in accordance with the standards of the law officer's 
law enforcement agency and, wherever possible, in the form of the National Incident-Based 
Reporting System, as defined by the Federal Bureau of Investigation. The latter information 
may be submitted voluntarily by the local police on a monthly basis to the crime reporting 
unit of the state police crime reporting unit established in section 32 of chapter 22C. 

The victim shall be provided with a copy of the full incident report at no cost upon 
request to the appropriate law enforcement department. 

When a judge or other person authorized to take bail bails any person arrested under 
this chapter, reasonable efforts shall be made to inform the victim of such release prior to or 
at the time of the release. When any person charged with or arrested for a crime involving 
harassment under this chapter is released from custody, the court or the emergency response 
judge shall issue, upon the request of the victim, a written no-contact order or stay-away 
order prohibiting the person charged or arrested from having any contact with the victim and 
shall use all reasonable means to notify the victim immediately of release from custody. The 
victim shall be provided, at no cost, with a certified copy of the no-contact or stay-away 
order. 

SECTION 32. The first paragraph of section 1 of chapter 646 of the acts of 1968, 
as amended by section 1 of chapter 692 of the acts of 1973, is hereby further amended by 
striking out, in lines 5 and 6, the words "April first, nineteen hundred and seventy-three" and 
inserting in place thereof the following words:- May 17, 1975. 

SECTION 33. Section 25 of chapter 175 of the acts of 1998 is hereby amended by 
striking out the figure "2010", inserted by section 78 of chapter 123 of the acts of 2006, and 
inserting in place thereof the following figure:- 2012. 

SECTION 34. Section 2 of chapter 441 of the acts of 2002 is hereby amended by 
striking out, in lines 7 and 8, the words "for a term not to exceed 30" and inserting in place 
thereof the following words:- , or its successors and assigns, for a term, including any 
extensions, not to exceed 60. 

SECTION 35. Said chapter 44 1 is hereby further amended by adding the following 
section:- 



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Chap. 112 

Section 7. Notwithstanding any general or special law to the contrary, the 
commissioner of capital asset management and maintenance, in consultation with the 
adjutant general of the military division, shall permit, or may join with Massachusetts 
Veterans, Inc. in permitting, the Commumty Economic Development Assistance Cor- 
poration, the Massachusetts Housing Partnership Fund board and the commonwealth acting 
by and through the department of housing and community development pursuant to chapter 
121 D of the General Laws, by its administrator the Massachusetts Housing Finance Agency, 
to impose an affordable housing restriction on the property described in section 2 in 
conformance with the program requirements of those agencies. 

SECTION 36. Item 7007-0932 of section 2A of chapter 123 of the acts of 2006 is 
hereby amended by striking out, in lines 7 to 12, inclusive, the words "$4,000,000 may be 
used for construction and equipment in the former cafeteria of the Wheatley building, and 
not more than $ 1 ,000,000 may be used for start-up and operating expenses; provided further, 
that the funds shall not be available for faculty salaries; provided further, that the funds shall 
be available through June 30, 2010" and inserting in place thereof the following words:- 
$3,700,000 may be used for construction and equipment in the former cafeteria of the 
Wheatley building and not more than $1,300,000 may be used for start-up and operating 
expenses; provided further, that the funds shall not be available for faculty salaries; provided 
further, that the funds shall be available through June 30, 201 1. 

SECTION 37. Item 3000-4050 of section 2 of chapter 27 of the acts of 2009 is 
hereby amended by striking out the words "30 days before the transfer; and provided further, 
that not more than 3" and inserting in place thereof the following words:- 1 5 days before the 
transfer; and provided further, that not more than 10. 

SECTION 38. Item 3000-4060 of said section 2 of said chapter 27 is hereby 
amended by striking out the words "30 days before the transfer; provided further, that not 
more than 3" and inserting in place thereof the following words:- 1 5 days before the transfer; 
and provided further, that not more than 10. 

SECTION 39. Item 8100-0006 of said section 2 of said chapter 27 is hereby 
amended by striking out the figure "$ 1 9,000,000", each time it appears, and inserting in place 
thereof the following figure:- $27,500,000. 

SECTION 40. Item 8900-0010 of said section 2 of said chapter 27 is hereby 
amended by adding the following words:- ; provided, that the commissioner of correction or 
the commissioner's designee shall determine the cost of manufacturing motor vehicle 
registration plates and certify to the comptroller the amounts to be transferred from the 
Commonwealth Transportation Fund to the General Fund. 

SECTION 41. Item 8100-0002 of section 2B of said chapter 27 is hereby amended 
by striking out the figure "$6,481,785" and inserting in place thereof the following figure:- 
$20,000,000. 

SECTION 42. Section 19 of chapter 61 of the acts of 2009, as amended by section 



269 



Chap. 112 

9 of chapter 102 of the acts of 2009, is hereby further amended by adding the following 
subsection :- 

(d) Notwithstanding any general or special law to the contrary, surviving spouses of 
retired employees of the office of a transferred sheriff who are eligible for group insurance 
coverage from the county at the time of transfer shall have that eligibility and coverage 
transferred to the group insurance commission. 

SECTION 43. Section 9 of chapter 132 of the acts of 2009 is hereby amended by 
striking out the second paragraph and inserting in place thereof the following paragraph:- 

The secretary of veterans' services shall adopt rules and regulations necessary for the 
implementation of this section to the degree necessary to achieve maximum federal financial 
participation within 180 days after the effective date of this act. The request for proposals 
shall be issued within 90 days after the adoption of such rules and regulations. The 
department of veterans' services may determine that no proposals are responsive or may 
determine that no responsive proposals provide adequate value to the commonwealth. If the 
department of veterans' services determines that no proposals are responsive or no 
responsive proposals provide adequate value to the commonwealth, the department shall 
notify the general court of the reasons for such findings in writing within 60 days of such 
decision. All actions relative to requests for proposals under this section shall comply with 
sections 52 to 55, inclusive, of chapter 7 of the General Laws. 

SECTION 44. Chapter 3 of the resolves of 2008 is hereby revived and continued 
and shall file its report on June 1, 2010. 

SECTION 45. Notwithstanding any general or special law to the contrary, the 
commissioner of agricultural resources shall award funds in the Greyhound Adoption Trust 
Fund, established by section 65 of chapter 10 of the General Laws, not obligated as of 
December 3 1 , 2009, to eligible adoption and rescue organizations within the commonwealth 
for the care and adoption of retired greyhound track dogs that have schooled or raced at a 
greyhound racetrack in the commonwealth. 

SECTION 46. Notwithstanding any general or special law to the contrary, the 
department of transitional assistance may amend its supplemental nutrition assistance 
program outreach plan, in this section referred to as SNAP, to include SNAP application 
assistance and retention activities conducted by community-based organizations or other state 
agencies; provided, further, that the department may maximize federal reimbursement from 
the United States Department of Agriculture for funds identified by community-based 
organizations for SNAP application assistance and retention activities, including assistance 
and retention activities funded through private, state or community development block 
grants; and, provided, further, that the department may provide the federal reimbursements 
identified for SNAP outreach efforts to state agencies and departments and community-based 
organizations engaged in outreach efforts and for the administrative costs incurred by an 
agency, department or organization in claiming the federal reimbursements or processing 
additional SNAP applications. 



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Chap. 112 

SECTION 4 T . Notwithstanding clause (6) of section 5 of chapter 161D of the 
General Laws or any other general or special law to the contrary, the Massachusetts 
Department of Transportation shall extend the term of the intercity bus capital avnistaury 
program vehicle lease and maintenance agreement of November 1997 for a term not to 
exceed 3 years. 

SECTION 48. Notwithstanding any general or special law to the contrary, in 
determining the amount of assets of the State-Boston retirement system to be transferred to 
the Pension Reserves Investment Trust Fund pursuant to paragraph (a) of s u bdi v is i on (1 
section 23 of chapter 32 of the General Laws, the initial percentage of assets attributable to 
teachers who are members of that system shall be that which is set forth in the aUiha ial 
valuation of the State-Boston retirement system as of January 1, 2008, and approved by Ac 
actuary. Thi s percentage shall be applied to the total assets of the system on a market value 
basis and the amount attributable to teachers shall be calculated as of the end of the month 
preceding the date of the initial transfer of assets. If all assets attributable to teachers who 
are members of this system, as determined above, are not transferred in the initial transfer, 
the remaining amount of assets shall be determined by subtracting from the total percentage 
of assets to be transferred set forth in the *"«""■ "■' valuation the percentage of assets 
previously transferred and applying that percentage to the market value of the assets of the 
an as of the end of the month preceding the date of the subsequent tiausfea. Any 
remaining amounts to be transferred shall be determined in the same manner until the 
percentage is zero. The State-Boston retirement system shall report to the actuary, and the 
actuary shall approve the calculation made under this section at the time of each tiausfci. 
Transfer of 90 per cent of the assets attributable to teachers under this section shall be 
completed within 24 months after the effective date of this act. Transfer of all assets 
attributable to teachers under this section shall be completed within 48 mociii after the 
effecti ve date of this act unless the sec :e it ;:^i_- r„ ir.i : :r.ir.:e i-'jl'.t.hs i i.r: 

date for the completion of the asset transfer. 

SECTION 49. During fiscal year 2010. apptuui i at ion s or transfers may be made 
from the Commonwealth Transportation Fund established in section 2777 of chapter 29 of 
the General Laws in anticipation of revenue. 

SECTION 50 Sections 1 1 and 12 shall take effect on Jury 1, 2010. and the final 
reimbursement by the commonwealth under paragraph (c) of subdivision (2) of section 20 
of chapter 32 of the General Laws shall be in accordance with said i^-^-T * ' (c) of said 
subdivision (2) of said section 20 of said chapter 32 in all respects except that the payment 
shall be made directly to the State-Boston retirement system and applied in accordance with 
die most recent funding schedule approved by the state actuary under section 22 of said 
chapter 32. The funds for the final reimbursement under said |«uiguqi li (c) of said 
subdivision (2) of said section 20 of said chapter 32 shall be paid from monies transferred 
from the General Fund by the comptroller to the teachers' retirement system to meet the 
system's fiscal year 2010 pension obligation in accordance with subdivision (1) of section 



:*: 



Chap. 112 

22C of said chapter 32. That payment shall be a reimbursement for fiscal year 2009 city of 
Boston teacher pension benefits paid by the State-Boston retirement system. 
SECTION 51. Section 28 shall take effect on July 1, 2010. 

Approved, May 22, 2010. 



Chapter 1 13. AN ACT ESTABLISHING A SICK LEAVE BANK FOR STEPHEN R. 
FRATALIA, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Stephen R. Fratalia, an employee of the office of 
the commissioner of probation. Any employee of the trial court may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Stephen R. 
Fratalia. Sick leave bank days shall not be used for absences unrelated to the illness or 
disability that necessitated the establishment of the sick leave bank as determined by the trial 
court. Whenever Stephen R. Fratalia terminates employment with the trial court or requests 
to dissolve the sick leave bank, any remaining time in the sick leave bank shall be transferred 
to the trial court paid leave bank. 

Approved, May 27, 2010. 



Chapter 114. AN ACT AMENDING THE TOWN OF YARMOUTH HOME RULE 
CHARTER. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 1 of the town of Yarmouth home rule charter, as appearing 
in chapter 133 of the acts of 1997, is hereby amended by striking out section 1-3-1 and 
inserting in place thereof the following section :- 

1-3-1 The legislative powers of the town shall be vested in the town meeting. The 
executive powers of the town shall be vested in the board of selectmen. The administrative 
powers of the town shall be vested in the town administrator. 



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SECTION 2. Section 1-4 of said chapter 1 of said charter, as so appearing, is hereby 
amended by striking out the words "-Intent of the Voters". 

SECTION 3. Section 2-6-1 of chapter 2 of said charter, as so appearing, is hereby 
amended by striking out the second sentence. 

SECTION 4. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by inserting, after section 2-7-2, the following section:- 

2-7-3 By written petition to the board of selectmen, any 200 voters may require the 
calling of a special town meeting. 

SECTION 5. Section 2-8-1 of said chapter 2 of said charter, as so appearing, is 
hereby amended by adding the following 2 sentences:- The town moderator shall be the 
presiding officer of town meetings as provided in section 2-2, shall regulate its proceedings 
and shall perform such other duties as may be provided by the General Laws, this charter, 
by-law or vote of town meeting. The town moderator shall appoint members to special 
committees as designated by town meeting vote. 

SECTION 6. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by striking out section 2-8-3 and inserting in place thereof the following section:- 

Section 2-8-3 Any individual eligible to speak at town meeting shall not speak more 
than once, unless and until all other voters wishing to speak, making themselves known and 
being recognized by the moderator, have been provided an opportunity to speak. No 
individual shall speak on any article for more than 5 minutes at any 1 time except upon 
receiving permission of the moderator in advance of such individual's presentation. This 
restriction shall not apply to the presenter of the article making a motion to move the article, 
the individual making a motion to amend the article or to those individuals required to be in 
attendance under section 2-8-1 . 

SECTION 7. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by striking out section 2-8-4 and inserting in place thereof the following section:- 

2-8-4 Only registered voters of the town of Yarmouth shall have the right to address 
town meeting or vote on any article presented at any town meeting. 

SECTION 8. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by striking out section 2-8-5 and inserting in place thereof the following section:- 

2-8-5 A Yarmouth property owner who is not a registered voter, an authorized 
representative of such a property owner or of a registered voter who is not present at town 
meeting, or any other individual may be permitted to address town meeting only in the 
discretion of the town moderator. 

SECTION 9. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by striking out section 2-8-6 and inserting in place thereof the following section:- 

2-8-6 The board of selectmen shall, by recorded vote in the warrant, indicate its 
recommendations on all articles. 

SECTION 10. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by striking out section 2-8-7 and inserting in place thereof the following section:- 



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2-8-7 A motion for reconsideration of any article acted upon at an annual or special 
town meeting may not be made prior to 1 5 minutes following the final vote on the article to 
be reconsidered, nor more than 1 hour after such vote, unless deliberations on another article 
are pending at the expiration of such hour, those deliberations need not be interrupted and 
such a motion may be made immediately following the conclusion of the consideration of 
that article and prior to the consideration of any further article. This minimum time 
limitation shall not apply to any article acted upon within the last 15 minutes of town 
meeting, nor shall the time limitations include any time when town meeting is not in session. 

SECTION 11. Said chapter 2 of said charter, as so appearing, is hereby further 
amended by inserting, after section 2-8-7, the following 2 sections :- 

Section 2-8-8 No motion, the effect of which would be to dissolve town meeting, 
shall be in order until every article on the warrant has been duly considered and acted upon. 
This requirement shall not preclude the postponement of an article or consideration of any 
motion to adjourn the meeting to a stated time and place. 

Section 2-8-9 All special committees created by town meeting shall make a report in 
accordance with the schedule set by the town meeting action which created the committee. 
Written copies of such reports shall be submitted to the town clerk, town administrator and 
the board of selectmen and shall be published in full or in summary form in the next annual 
town report. 

SECTION 12. Said charter, as so appearing, is hereby further amended by inserting 
after the title "Chapter 3" the following subtitle:- Executive Branch. 

SECTION 13. Section 3-1 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the words "and Other Elected Officers". 

SECTION 14. Section 3-1-2 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the words "or appointed". 

SECTION 15. Section 3-2-1 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the words "day to day policies" and inserting in place thereof 
the following words:- the policies of the board. 

SECTION 16. Section 3-4 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the word "Appointments" and inserting in place thereof the 
following word:- Prohibitions. 

SECTION 17. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out section 3-4-1 and inserting in place thereof the following section:- 

3-4-1 No member of the board of selectmen shall serve on any appointed town board 
established by this charter or by by-law, for which the board of selectmen is the appointing 
authority, except by an affirmative vote of four-fifths of the members of the board of 
selectmen. 

SECTION 18. Said chapter 3 of said charter, as amended by section 1 of chapter 
105 of the acts of 1999, is hereby further amended by striking out sections 3-4-2 to 3-4-5, 
inclusive. 



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SECTION 19. Section 3-5 of said chapter 3 of said charter, as appearing in chapter 
133 of the acts of 1997, is hereby amended by striking out the word "Administration" and 
inserting in place thereof the following words:- Powers in Intergovernmental Relations. 

SECTION 20. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out section 3-5-1 and inserting in place thereof the following section:- 

3-5-1 Members of the board of selectmen shall represent the town on regional or 
intermunicipal committees or may designate a town employee or other person to represent 
the town. 

SECTION 21. Section 3-6 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the word "Prohibitions'" and inserting in place thereof the 
following words:- Other Officers and Town Boards. 

SECTION 22. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out section 3-6-1 and inserting in place thereof the following section: - 

3-6-1 There shall be a town moderator, elected by popular vote for a term of 3 years 
at an annual town election. If the office becomes vacant during any term, the board of 
selectmen shall include the vacancy either in the next annual town election or in a special 
election and may, by a four-fifths vote, appoint an interim moderator until such election. 

SECTION 23. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by inserting, after section 3-6-1, the following 2 sections:- 

3-6-2 The moderator shall be the individual designated to carry out all of the duties 
and functions necessary to regulate proceedings of annual town meetings and special town 
meetings in an orderly and efficient manner. 

3-6-3 There shall be a town clerk whose duties shall include: maintaining the vital 
statistics for the town and serving as custodian of the town seal and all town official records; 
administering the oath of office to all town officers, elected and appointed; issuing permits 
and licenses as required by law; supervising and managing the conduct of elections; serving 
as clerk of town meeting; and having all other powers and duties which are given to town 
clerks by the General Laws, this charter, by-law or town meeting vote, consistent with this 
charter. 

SECTION 24. Section 3-7 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the words "Powers in Intergovernmental Relations" and 
inserting in place thereof the following words:- Codification of By-Laws and Regulations. 

SECTION 25. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out section 3-7-1 and inserting in place thereof the following section :- 

3-7-1 The board of selectmen shall cause a compilation of by-laws and regulations 
to be made within 12 months of the adoption of this charter and cause the compilation to be 
updated at least every 5 years. 

SECTION 26. Section 3-8 of said chapter 3 of said charter, as so appearing, is 
hereby amended by striking out the words "Other Officers and Town Boards" and inserting 
in place thereof the following words:- Charter Revisions. 



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Chap. 114 

SECTION 27. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out section 3-8-1 and inserting in place thereof the following section:- 

3-8-1 At least once every 10 years, a special committee shall be appointed by the 
town moderator, for the purpose of reviewing the provisions of the charter and to make a 
report, with recommendations to the town meeting, concerning any proposed amendments 
or revision which said committee may deem to be necessary or desirable. 

SECTION 28. Said chapter 3 of said charter, as so appearing, is hereby further 
amended by striking out sections 3-8-2, 3-8-3, 3-8-4, 3-9, 3-9-1,3-10 and 3-10-1, inclusive. 

SECTION 29. Said charter, as amended by section 2 of chapter 105 of the acts of 
1999, is hereby further amended by striking out chapters 4 to 8, inclusive, and inserting in 
place thereof the following 7 chapters :- 

CHAPTER 4. 
ADMINISTRATIVE BRANCH. 

Section 4-1 - Town Administrator. 

4-1-1 There shall be a town administrator, who shall be responsible for the 
administration of the town affairs and who shall be the chief administrator of the town. 

Section 4-2 - Qualifications. 

4-2-1 The town administrator shall be appointed under paragraph (a) of section 5-1 
of chapter 5 on the basis of education, experience, executive and administrative 
qualifications. The professional qualifications shall be established by the board of selectmen 
and may be revised by the board of selectmen if necessary. 

Section 4-3 - Powers and Duties. 

4-3-1 The town administrator shall be the chief administrative officer of the town and 
shall be responsible for administering and coordinating all employees, activities and 
departments placed by the General Laws or by by-law under the control of the board of 
selectmen and the town administrator. The administrator shall implement the goals and carry 
out the policies of the board of selectmen. 

4-3-2 The administrator shall devote full-time to the duties of the office and shall not 
hold any other public office, elective or appointive, nor be engaged in any other business, 
occupation or profession while serving in such office unless such action is approved, in 
advance and in writing, by the board of selectmen. 

4-3-3 The powers and duties of the town administrator shall include, but not be 
limited to, the following: 

(a) keeping the board of selectmen fully informed as to the needs of the town and 
recommending to the selectmen, for adoption by it, such measures requiring action by it or 
by the town as the town administrator deems necessary or expedient; 

(b) informing the selectmen relative to all department operations, fiscal affairs, 
general problems and administrative action, and submitting periodic reports thereof; 

(c) keeping the selectmen fully informed relative to the availability of all sources of 



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outside funding, both public and private, including inter-governmental grants, in lieu of 
payments, gifts, grants, contributions and otherwise, giving special consideration as to how 
any such funding source might relate to the short- and long-range needs of the town; 

(d) preparing and presenting to the board of selectmen a draft annual budget for the 
town and a proposed capital outlay program; 

(e) administering, during the fiscal year, the annual operating budget and capital 
outlay appropriations as voted by the town to ensure that all such funds are expended or 
committed in accordance with the General Laws, by-laws and town meeting votes relating 
thereto; provided, however, that the town administrator, with the approval of the selectmen 
and the finance committee, shall have the authority to transfer funds within the budget if the 
total budget is not increased thereby; 

(f) acting as the chief procurement officer for the town; 

(g) developing, maintaining and updating a full and complete inventory of all real and 
personal property of the town annually; 

(h) having the right to attend and speak at any regular meeting of any town 
multi-member body; 

(i) negotiating collective bargaining contracts on behalf of the board of selectmen, 
unless the town administrator, with the approval of the board of selectmen, has designated 
another negotiator or negotiating team; provided, however, that all such contracts shall be 
subject to the approval of the board of selectmen; 

(j) coordinating the activities of all town agencies serving under the office of the town 
administrator and the office of the board of selectmen with those under the control of other 
officers and multi-member bodies elected directly by the voters and the town administrator 
shall have the authority to require the persons so elected, or their representatives, to meet 
with the town administrator, at reasonable times, for the purpose of effecting coordination 
and cooperation among all agencies of the town; 

(k) attending all sessions of town meetings and answering all questions directed to 
the town administrator which relate to that office; and 

(1) performing such duties as assigned by by-law or vote of the board of selectmen. 

Section 4-4 - Personnel Administration. 

4-4-1 The town administrator shall administer and enforce collective bargaining 
agreements, personnel policies and practices, rules and regulations and personnel regulations 
adopted by the board of selectmen. 

4-4-2 The town administrator shall prepare, maintain and keep current a plan 
establishing the personnel staffing requirements for each town agency, except those under 
the jurisdiction of the Dennis- Yarmouth regional school committee. 

4-4-3 The personnel board shall review and vote recommendations to the town 
administrator relative to proposed changes to job descriptions and pay classifications for 
year-round, benefited positions. 

4-4-4 The creation of any new full-time compensated position shall require approval 
by the selectmen and such action shall not be effective until the position has been funded by 



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town meeting vote. 

4-4-5 The town administrator shall supervise, evaluate and direct all department 
heads and, through the department heads, the town administrator shall supervise, evaluate 
and direct all paid employees of the town. 

Section 4-5 - Administrative Reorganization. 

4-5-1 The town administrator may recommend to the board of selectmen and 
implement, with the selectmen's approval, reorganization of any department or position 
placed by this charter under the town administrator's direction or supervision, except as 
otherwise provided by the General Laws, by-law or this charter. 

Section 4-6 - Evaluation. 

4-6-1 At least 3 selectmen shall annually evaluate the performance of the town 
administrator. The selectmen shall adopt a written set of procedures and criteria which shall 
form the basis for the evaluation. 

4-6-2 The board of selectmen shall provide a copy of the evaluation to the town 
administrator and a copy shall be kept on file in the office of the board of selectmen for 
examination by the public. 

Section 4-7 - Term of Office. 

4-7-1 The town administrator shall serve a term of years under a contract as provided 
by section 108N of chapter 41 of the General Laws. The town administrator shall not have 
served in an elective office in the town government for at least 12 months prior to the 
appointment. 

Section 4-8 - Acting Town Administrator. 

4-8-1 The town administrator may, by letter filed with the board of selectmen and the 
town clerk and subject to the approval of the board of selectmen, designate a qualified town 
officer or employee to exercise the powers and perform the duties of the town administrator 
during a temporary absence. 

CHAPTERS. 
APPOINTMENTS AND PERSONNEL POLICIES. 

Section 5-1 - Selectmen Appointments. 

(a) The board of selectmen shall appoint a town administrator by affirmative vote of 
a least four-fifths of the members of the board of selectmen. 

(b) The board of selectmen shall appoint a town counsel by affirmative vote of at 
least four-fifths of the members of the board of selectmen. 

(c) If a vacancy arises in the office of the town administrator, the board of selectmen 
shall advertise the vacancy as soon as practical in local and regional publications. The board 
of selectmen shall fill the vacancy as quickly as possible, but in no event shall such office 
remain vacant for longer than 9 months. 

(d) During a vacancy caused by prolonged illness, suspension, removal, resignation 
or death of the town administrator, the board of selectmen shall designate, within 1 days of 



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the vacancy, a town employee or other qualified person to exercise the powers and perform 
the duties of the town administrator. This designation shall be effective for periods not to 
exceed 90 days. In the case of suspension, removal, resignation or death, not more than 2 
such 90-day designations shall be made. 

(e) The board of selectmen shall appoint the board of registrars of voters and election 
officials by an affirmative vote of at least four-fifths, in conformance with the General Laws. 

(f) The finance committee members shall be appointed by the chairman of the board 
of selectmen, the chairman of the finance committee and the town moderator, as provided 
for in town by-law 47-4. All other functions and responsibilities of the finance committee 
shall be as outlined in said by-law 47-4. 

(g) The board of selectmen shall appoint all department heads. The town 
administrator shall submit to the board of selectmen the names of not less than 3 candidates 
for department head interview and subsequent appointment. The group of department heads 
shall include those who are designated as such by the town administrator and approved by 
the board of selectmen. 

(h) The board of selectmen shall appoint such other town officers and members of 
multi-member bodies for which no other provision is made. Such appointments shall be 
consistent with the General Laws. 

Section 5-2 - Removal of the Town Administrator. 

5-2-1 The board of selectmen, by the affirmative vote of at least four-fifths of the 
members, may initiate the removal of the town administrator by adopting a resolution to that 
effect. Such resolution shall state the reason therefore; provided, however, that no such 
resolution shall be adopted within 60 days following any town election. Any such resolution 
shall be adopted only at a regularly scheduled public meeting and in open session. 

5-2-2 The adoption of such resolution shall serve to suspend the town administrator 
for not more than 45 days, during which the salary thereof shall continue to be paid. A copy 
of such resolution shall be delivered in-hand, forthwith, to the town administrator or sent by 
registered mail, return receipt requested to the administrator's last known address. 

5-2-3 Within 5 days following receipt of such resolution, the town administrator may 
file a written request for a public hearing with the board of selectmen. Upon receipt of such 
request, the board of selectmen shall schedule a public hearing to be held within 2 weeks. 
At least 7 days prior to the public hearing, the board shall advertise the hearing in a local 
newspaper and shall cause identical notices stating the purpose, location, time and date to be 
posted in the town hall and in every post office in town. 

5-2-4 The town moderator shall preside at any such hearing. 

5-2-5 At such hearing, the reasons for the removal shall first be read aloud. The town 
administrator shall then have the right to respond, personally or through counsel. The board 
of selectmen and the town administrator shall have the power to compel testimony and to 
subpoena any town records. 

5-2-6 Final removal of any town administrator shall be effected by the affirmative 
vote of at least four-fifths of the members of the board of selectmen at a public meeting, the 



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Chap. 114 

time and place of which shall have been published and held within 7 days of any such 
hearing held pursuant to sections 5-2-3 to 5-2-5, inclusive. If no hearing has been requested, 
final removal may be effected by affirmative vote of at least two-thirds of the members of 
the board of selectmen at a meeting of the board of selectmen held not earlier than 14 days 
after the resolution initiating removal is adopted. The salary of the town administrator shall 
be paid for a period of 60 days after the vote effecting removal from office or in accordance 
with the termination clause in the town administrator's contract. 

5-2-7 The town administrator shall provide the board of selectmen with not less than 
90 days notice of the town administrator's intent to resign. The board of selectmen may 
reduce the number of days notice required or waive this requirement. 

Section 5-3 - Town Administrator Appointments. 

5-3-1 The town administrator may appoint an assistant town administrator. If such 
appointment is made, it shall be made consistent with the General Laws and town by-laws. 

5-3-2 The town administrator shall appoint all division heads. Appointments to the 
position of division head, as defined by the town administrator, shall become effective not 
later than the fifteenth day following the day on which notice of the proposed appointment 
is filed with the board of selectmen, unless four-fifths of the members of the board of 
selectmen vote to reject such an appointment within such period. 

5-3-3 The town administrator shall have the authority to appoint special single 
purpose committees after notifying the board of selectmen. 

5-3-4 The town administrator shall appoint all other compensated town personnel. 

5-3-5 Except as provided in section 5-3-1 , all appointments made or approved by the 
town administrator shall be effective immediately. 

Section 5-4 - Town Moderator Appointments. 

5-4- 1 The town moderator shall appoint members to special committees as designated 
by town meeting vote. The town moderator shall participate in the appointment of members 
to the finance committee pursuant to clause (f) of section 5-1 . 

Section 5-5 - Personnel Policies. 

5-5-1 With the approval of the town administrator, department heads may employ, 
terminate and discipline employees under their departmental jurisdiction. 

CHAPTER 6. 
TOWN BOARDS, COMMITTEES AND COMMISSIONS. 

Section 6-1 - Powers. 

6-1-1 Multi-member bodies shall possess and exercise all powers given to them under 
the constitution and the General Laws, and shall have and exercise such additional powers 
and duties as shall be granted and delegated by this charter, by-law or vote of the town 
meeting. Such committees or boards shall report to the board of selectmen for policy matters 
and report to the town administrator for administrative matters. 

Section 6-2 - Organizations and Procedures. 

6-2-1 All appointed boards, committees and commissions shall: 



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(a) organize annually; 

(b) elect a chairperson and other necessary officers; 

(c) publish a quorum requirement for their meetings in accordance with the General 



Laws; 



(d) adopt rules of procedure and voting; 

(e) maintain minutes and all other records of proceedings, copies of which shall be 
a public record and filed monthly with the town clerk; and 

(f) annually submit a report for inclusion in the annual town report. 

6-2-2 To maximize communication and cooperation between the board of selectmen 
and the elected and appointed boards and committees, all multi-member bodies shall meet 
with the board of selectmen at least annually. 

6-2-3 All multi-member bodies, elected and appointed, shall conduct their meetings 
in accordance with the open meeting provisions of the General Laws. 

6-2-4 Except as provided in this charter and chapter 268A of the General Laws, a 
compensated town employee may serve on a multi-member body if such body has no 
administrative responsibility over such employee. 

6-2-5 Any person duly appointed to any office or multi-member body shall take up 
the duties of the office immediately; provided, however, that such person first shall have 
been sworn to the faithful performance of those duties by the town clerk. 

6-2-6 The absence, without appropriate explanation, of a member from 4 consecutive 
meetings of any appointed multi-member body shall be grounds for removal from office by 
the appointing authority. The legitimacy of an explanation provided by the absent member 
shall be assessed by majority vote of the multi -member board and reported to the appointing 
authority. If 4 consecutive unexcused absences occur, the chairperson shall advise the 
appointing authority forthwith, and such authority shall take appropriate action which may 
include removal of the member from the office and filling the vacancy in a timely fashion 
in accordance with the General Laws and this charter. 

Section 6-3 - Compensation. 

6-3-1 Members of appointed multi-member boards may receive such compensation 
as may be authorized by the town meeting. During the term for which a member is appointed 
and for 1 year following expiration of such term, no member of any appointed board under 
this charter shall be eligible to accept any additional paid position under any such 
multi-member board. 

Section 6-4 - Change in Composition of Appointed Multi-Member Bodies. 

6-4-1 The town meeting may, by amendment to the applicable by-laws, increase or 
decrease the number of persons to serve as members of multi-member boards established 
under this chapter; provided, however, that all such boards shall consist of an uneven number 
of members and not fewer than 3. 



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CHAPTER 7. 
FINANCIAL PROVISIONS AND PROCEDURES. 



Section 7-1 - Submission of Budget and Budget Message. 

7-1-1 Each year, not later than October 1 5, the town administrator shall establish and 
issue a budget schedule which shall set forth the calendar dates relating to the development 
of the annual operating budget for the ensuing fiscal year. 

7-1-2 The schedule shall be in accordance with this charter unless deviation 
therefrom is recommended by the town administrator and approved by the board of 
selectmen and the finance committee. 

7-1-3 Each year, not later than October 1 5, the town administrator shall request and 
receive from the town treasurer, the town collector, the town accountant, the board of 
selectmen and the board of assessors the estimated revenue for the ensuing fiscal year. Upon 
receipt of any additional specific fiscal data provided by the commonwealth or any other 
source, these officials shall revise, update and submit the data forthwith to the town 
administrator. 

7- 1 -4 Each year, not later than November 1 5, the board of selectmen, after consulting 
with the town administrator, shall issue a policy statement to the town administrator, the 
finance committee and the Dennis- Yarmouth regional school committee. 

7-1-5 All department heads and all multi-member bodies shall submit the budget 
requests thereof to the town administrator not later than December 1, each year. 

7-1-6 Each year, not later than December 3 1 , the town administrator shall submit to 
the board of selectmen and the finance committee a comprehensive draft budget for all town 
functions for the ensuing fiscal year and an accompanying draft budget message. 

7- 1 -7 The draft budget message shall explain the draft budget both in fiscal terms and 
in terms of what specific projects are contemplated in the year ahead. This message shall 
include: 

(a) an outline of the proposed financial policies of the town for the ensuing fiscal 
year; 

(b) a description of the important features of the budget; 

(c) an indication of any major changes from the current fiscal year in financial 
policies, expenditures and revenues, together with the reasons for such changes; 

(d) a summary of the town debt positions; and 

(e) such other material as the town administrator may deem appropriate. 

7-1-8 The draft budget shall provide a complete financial plan for all town funds and 
activities and shall be in such form as the town administrator, in consultation with the 
finance committee, may establish. The draft budget shall indicate proposed expenditures for 
current operations and for capital projects during the ensuing fiscal year, detailed by each 
town agency and by specific purposes and projects. 

Section 7-2 - Action on Proposed Budget. 

7-2-1 Each year, not later than February 28, the finance committee shall, recommend 



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a proposed budget, with or without amendments, and shall submit it to the board of 
selectmen. In preparing its review, the committee may require the town administrator, any 
town department, office, board, commission or committee, including the school committee, 
to appear with, or to provide, appropriate additional financial reports and budgetary 
information. 

7-2-2 A public hearing with public participation shall be held prior to town meeting 
at which time the town administrator shall present the financial projection for the coming 
fiscal year and the finance committee, capital budget committee and the Dennis- Yarmouth 
regional school committee shall present their budgets to the board of selectmen. 

Section 7-3 - Budget Adoption. 

7-3-1 The town meeting shall adopt the annual operating budget, with or without 
amendments, prior to the beginning of the fiscal year. 

Section 7-4 - Capital Improvements Plan. 

7-4- 1 The town administrator shall prepare a 5 -year capital improvements plan which 
shall be designed to deal with unmet long-range needs and to implement the goals and 
objectives of the official town plan. 

7-4-2 The capital improvements plan shall include all town activities and departments 
and the Dennis- Yarmouth regional school district. 

7-4-3 The capital improvements plan shall include: 

(a) a clear summary of its contents; 

(b) a list of all capital improvements proposed to be undertaken during the next 5 
years, together with supporting data; 

(c) cost estimates, methods of financing and recommended time schedules; and 

(d) the estimated annual cost of operating and maintaining the facilities or equipment 
to be constructed or acquired. 

The information required by this section may be revised by the town administrator 
and shall apply each year to pending capital improvements and capital improvements in the 
process of construction or acquisition. 

7-4-4 Each year, not later than October 1 , the town administrator shall submit the 
capital improvements plan to the capital budget committee and the finance committee. The 
capital budget committee shall act thereon and submit its recommendations to the finance 
committee and the board of selectmen not later than December 1 . The board of selectmen 
may, in its discretion, insert warrant articles seeking appropriations for proposed capital 
expenditures and adopt the capital improvement plan, with or without amendment. 

Section 7-5 - Notice of Public Hearing on Capital Improvements Plan. 

7-5-1 The board of selectmen shall publish the capital improvements plan on the 
official town website and shall publish, in a local newspaper, a notice stating: 

(a) the times and places where copies of the capital improvements plan shall be 
available for inspection; and 

(b) the date, time and place when the board of selectmen and the finance committee 
shall conduct a joint public hearing on such plan. 



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Chap. 114 

Section 7-6 Capital Improvements Planning. 

7-6-1 A committee of 7 voters shall be appointed by the finance committee to be 
known as the capital budget committee, in accordance with article 16 of the annual town 
meeting held on April 7, 1981. 

7-6-2 The requirements of section 7-6-1 may be waived by a two-thirds vote of the 
annual meeting. 

Section 7-7 Annual Audit. 

7-7-1 Prior to the end of each fiscal year, the board of selectmen and the town 
administrator shall retain a certified public accountant or qualified accounting firm to 
conduct an independent annual audit. 

CHAPTER 8. 
ELECTIONS. 

Section 8-1 - Town Elections. 

8-1-1 The regular election for all town offices shall be by official ballot held on the 
date established by by-law. 

Section 8-2 - Town Elections to be Nonpartisan. 

8-2-1 All town elections shall be nonpartisan and election ballots shall be printed 
without any party mark or designation. 

Section 8-3 - Eligibility for Town Office. 

8-3-1 Any resident eligible to vote in town elections shall be eligible for election to 
any elective office or multi-member body of the town. 

8-3-2 No person shall hold, concurrently, more than 1 paid executive or town office. 

Section 8-4 - Time of Taking Office. 

8-4-1 Any person duly elected to an office or multi-member body shall forthwith be 
sworn to the faithful performance of the duties thereof by the town clerk or a designee 
thereof and shall assume the duties of the office thereof. 

Section 8-5 - Recall Election. 

8-5-1 Any recall election shall be conducted pursuant to chapter 344 of the acts of 
1989. 

CHAPTER 9. 
CONTINUITY. 

Section 9-1 - Continuation of Existing Laws. 

9-1-1 Except as specifically provided by this charter and by general or special law, 
by-law or, vote, rule or regulation of, or pertaining to, the town of Yarmouth not inconsistent 
with this charter, shall continue in full force and effect until amended or rescinded by the due 
course of law or expiration thereof. 

Section 9-2 - Continuation of Boards, Committees and Agencies. 

9-2-1 Except as specifically provided in this charter, all committees, boards, 
commissions, councils, departments, offices and other agencies of the town shall continue 



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Chap. 114 

in existence and the incumbents thereof shall continue to perform their duties until not 
reappointed, reelected or elected or their duties have been transferred. 

Section 9-3 - Transfer of Records and Property. 

9-3-1 If a power or duty is reassigned as the result of the adoption of this charter, the 
records, property and equipment necessary to fulfill such power or duty shall likewise be 
reassigned to the newly responsible office or agency. 

9-3-2 A transfer pursuant to section 9-3-1 shall be carried out under the direction of 
the town administrator. 

Section 9-4 - Amending This Charter. 

9-4-1 This charter may be revised, amended or replaced in accordance with the 
procedures made available by Article 89 and Article 113 of the Amendments to the 
Constitution of the commonwealth and any legislation enacted to implement said 
amendments. 

CHAPTER 10. 
DEFINITIONS. 

10-1-1 In this charter, unless the context clearly otherwise requires, the following 
words shall have the following meanings:- 

"Appoint", to select to fill an office or to employ in the service of the town. 

"Certification", the town clerk's validation that a person has been declared elected 
to a town office or multi-member body and sworn to the faithful performance of the duties 
thereof. 

"Charter", this charter and any amendments to it made through any of the methods 
provided under Article 89 and Article 1 1 3 of the Amendments to the Constitution of the 
commonwealth. 

"Dissolve town meeting", the final and permanent ending of the town meeting at 
which the motion to dissolve town meeting is made, so that no further action may thereafter 
be taken on any matter included in that meeting's warrant. 

"General Laws", the Massachusetts General Laws. 

"Local newspaper", a newspaper of general circulation in the town. 

"Majority vote", a majority of those present and voting; provided, however, that a 
quorum of the body shall be present. 

"Multi-member body", any board, commission or committee of the town consisting 
of 3 or more persons, whether appointed or elected. 

"Town", the town of Yarmouth 

"Town agency", any office, department, board, committee or commission of the town 
government. 

"Voter", a registered voter of the town. 

Words importing the singular number may extend and be applied to several persons 
or things, words importing the plural number may include the singular and, except where the 



285 



Chap. 114 

context requires, wherever words are used in 1 gender, they shall be construed to include the 
other gender and the neuter. 

Approved, May 27, 2010. 



Chapter 115. AN ACT PROVIDING FOR RECALL ELECTIONS IN THE TOWN 
OF BOXFORD. 

Be it enacted, etc., as follows: 

SECTION 1. Any holder of an elective office in the town of Boxford may be 
recalled from office for any reason by the registered voters of the town as provided in this 
act. 

SECTION 2. An initial recall affidavit signed by at least 200 registered voters of the 
town containing their names and addresses may be filed with the town clerk. That initial 
recall affidavit shall contain the name of the officer, the office sought to be recalled and a 
statement of the grounds for recall. The town clerk shall immediately forward the recall 
affidavit to the board of registrars for verification of signatures. 

SECTION 3. Within 14 calendar days of receipt of the initial recall affidavit, the 
board of registrars of voters shall (1) verify the signatures on the initial recall affidavit and 
if found to contain a sufficient number of signatures, (2) the town clerk shall thereupon 
deliver the first 10 signers of the affidavit a formal numbered printed recall petition sheet 
with the town clerk's official seal, and addressed to the board of selectmen demanding the 
recall. The town clerk shall fill out the top portion of each recall petition sheet naming the 
elected official, the grounds for recall stated in the petition, the names of the first 10 voters 
signing the affidavit, and shall demand the election of a successor to the office. A copy of 
the recall petition shall be entered in a record book to be kept in the office of the town clerk. 

The town's registered voters making the initial affidavit shall then have 30 days from 
the date of delivery of the recall petition sheets in which to file their signed recall petition 
sheets with the town clerk. 

To proceed with the recall election, the town clerk shall receive by said 30-day 
deadline, the required number of signed recall petition sheets containing the signatures, 
names and street addresses of at least 12 and one-half per cent of the registered voters of the 
town as of the date the signed recall petition sheets are delivered to the town clerk. 

Within 5 working days of receipt, the town clerk shall submit the recall petition 
sheets to the board of registrars of voters and the board of registrars of voters shall forthwith 
certify thereon the number of signatures which are names of registered voters of the town. 

SECTION 4. If the total recall petition sheets shall be found and certified by the 
board of registrars of voters to be sufficient, it shall be submitted with the certificate of town 
clerk to the board of selectmen without delay. The board of selectmen shall forthwith give 



286 



Chap. 115 

written notice of the receipt of the certificate to the officer sought to be recalled. If the 
officer does not resign within 5 calendar days of the date notice is given from the selectmen, 
then the board of selectmen shall promptly order an election to be held on a date fixed by 
them not less than 64 nor more than 90 days after the date the election is called after receipt 
of the certificate; but, if any other town election is scheduled to occur within 100 days after 
the date of said certificate, the board of selectmen may postpone the holding of the recall 
election to the date of such other election and may include the question of recall on the ballot 
for such other election. If a vacancy occurs in the office after a recall election has been 
ordered, the election shall nevertheless proceed as provided in this act. 

SECTION 5. An officer sought to be removed may be a candidate to succeed 
himself in an election to be held to fill the vacancy. Unless the officer requests otherwise in 
writing, the town clerk shall place his or her name on the ballot without nomination. The 
nomination of other candidates, the publication of the warrant for the recall election and the 
conduct of the same, shall all be in accordance with the law relating to elections, unless 
otherwise provided in this act. 

SECTION 6. The incumbent shall continue to perform the duties of the office until 
the recall election. If the incumbent is not recalled, he shall continue in office for the 
remainder of the unexpired term, subject to recall as before, except as provided in this act. 
If not re-elected in the recall election, he shall be considered removed from office 
immediately and the office vacant. 

SECTION 7. Ballots used in a recall election shall contain the following question: 
shall (insert name and office) be recalled from office? Immediately at the right of the 
proposition, there shall be a designated place for voters to vote for or against the proposition. 

Following the proposition shall appear the word "Candidates" with directions to 
voters as required by section 42 of chapter 54 of the General Laws. Beneath the word 
"Candidates" appears the names of candidates nominated as hereinbefore provided. 

If a majority of the votes cast upon the question of recall are in favor of recall, the 
officer shall be recalled and the votes for the candidates shall be counted. In such an 
instance, the candidate receiving the highest number of votes shall be declared elected for 
the open office. If less than a majority of the votes cast are in favor of recall, the votes for 
candidates need not be counted. 

SECTION 8. An initial recall affidavit shall not be filed against an officer within 
3 months after the officer takes office or within the last 3 months of the term; nor, in the case 
of an officer subjected to a recall election and not recalled thereby, until at least 3 months 
have elapsed after the election at which the recall was submitted to the voters of the town. 

SECTION 9. A person who has been recalled from an office or who has resigned 
from office while a recall petition was pending against him shall not be appointed to any 
town office within 2 years after the recall or resignation. 

Approved, May 27, 2010. 



287 



Chapter 116. AN ACT REQUIRING PROOF OF LIQUOR LEGAL LIABILITY 
INSURANCE BY ALL PERSONS LICENSED TO SELL ALCOHOLIC 
BEVERAGES FOR ON-PREMISES CONSUMPTION. 

Be it enacted, etc., as follows: 

SECTION 1. Section 12 of chapter 138 of the General Laws, as appearing in the 
2008 Official Edition, is hereby further amended by adding the following paragraph:- 

No license shall be issued or renewed under this section until the applicant or licensee 
provides proof of coverage under a liquor legal liability insurance policy for bodily injury or 
death for a minimum amount of $250,000 on account of injury to or death of 1 person, and 
$500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. 
Proof of the insurance coverage required by this section shall be made by filing a certificate 
of insurance in a form acceptable to the local licensing authority. The insurance shall be 
subject to sections 5 and 6 of chapter 175 A of the General Laws. 

SECTION 2. Said chapter 138 is hereby further amended by striking out section 
64 A, as so appearing, and inserting in place thereof the following section:- 

Section 64A. In any hearing by a licensing authority under the first paragraph of 
section 64 where a licensing authority finds that a licensee under section 12 has served or 
sold alcohol or alcoholic beverages either to a person under 21 years of age in violation of 
section 64 or to an intoxicated person in violation of section 69 within the 24 months 
immediately preceding the date of the alleged violation that is the subject of the hearing, the 
licensing authority may require, in addition to imposing any other sanctions, as a condition 
precedent to any modification, reinstatement or renewal of the license that the licensee 
provide a certificate of insurance for liquor liability providing security for the liability of the 
licensee to a limit of not less than $100,000 to any 1 person and $200,000 to all persons; 
provided, however, if the licensee is required to obtain insurance coverage under said section 
12, then the licensing authority may increase the limits set by said section 12. Limits 
imposed or increased under this section shall be set at the discretion of the licensing 
authorities. 

SECTION 3. Section 64B of said chapter 138, as so appearing, is hereby amended 
by striking out the first sentence and inserting in place thereof the following sentence:- In any 
case in which a liquor liability insurance policy has been required or the limits of any such 
policy have been increased as a condition precedent to the modification, reinstatement or 
renewal of a license as provided in section 64A or section 67, a licensee shall disclose to the 
insurer that such policy has been required or such policy limits have been increased, shall 
provide to the liquor liability insurer the mailing address of the licensing authority and shall 
direct the insurer to include the licensing authority as a recipient of any notice which the 
insurer is required to issue to the licensee pursuant to chapter 175. 

SECTION 4. Section 67 of said chapter 1 38, as so appearing, is hereby amended by 
inserting after the word "persons", in line 49, the following words:- ; provided, however, that 
if the licensee is required to obtain insurance coverage under said section 12, then the 
licensing authority may increase the limits set by said section 12. 

Approved, May 28, 2010. 

288 



Chapter 117. AN ACT AUTHORIZING THE COMMISSIONER OF CAPITAL 
ASSET MANAGEMENT AND MAINTENANCE TO CONVEY 
CERTAIN LAND TO THE CONCORD HOUSING DEVELOPMENT 
CORPORATION FOR AFFORDABLE HOUSING AND OPEN SPACE 
PURPOSES. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to transfer forthwith a certain parcel of land in the town of Concord, therefore it is hereby 
declared to be an emergency law, necessary for the immediate preservation of the public 
convenience. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding sections 40E to 40J, inclusive, of chapter 7 of the 
General Laws or any general or special law to the contrary, the commissioner of capital asset 
management and maintenance, in consultation with the commissioner of correction, may 
convey a portion of a certain parcel of state-owned land in the town of Concord, currently 
under the care and control of the department of correction, to the Concord Housing 
Development Corporation. The parcel is located at 965 Elm street and is referenced on a 
map titled "Affordable Housing and Open Space, Concord, Massachusetts" and dated 
January 9, 2009. Such land shall be used for housing, of which 1 00 per cent shall be deemed 
affordable housing as determined by the ranges established by the Concord Housing 
Development Corporation and for public open space purposes. The commissioner of capital 
asset management and maintenance, in consultation with the commissioner of correction, 
shall determine the exact boundaries of the parcel after completion of a survey. The Concord 
Housing Development Corporation shall acquire access to cross the former railroad 
right-of-way abutting the parcel, shall ensure compatibility for the proposed Bruce Freeman 
Rail Trail to cross the parcel and shall provide a second means of access for emergency 
purposes. The Concord Housing Development Corporation shall ensure a clear field of view 
as needed for security considerations of the department of correction facility and shall have 
an appropriate setback from the southerly wall of the department of correction facility. The 
Concord Housing Development Corporation shall ensure a development setback from the 
river and any other dimensional setbacks required by law. This parcel shall be conveyed by 
deed without warranties or representations by the commonwealth. 

SECTION 2. The consideration for the parcel shall be the full and fair market value 
of the parcel for the use authorized by this act, as determined by the commissioner of the 
division of capital asset management and maintenance based upon an independent 
professional appraisal and including the conditions set forth in section 1 ; provided, however, 
that any costs related to remediation of the site shall be applied against the final appraised 
value of the parcel; and provided further, that the commissioner of capital asset management 
and maintenance may accept the findings of a previous appraisal of the parcel conducted by 
an appraiser acceptable to that commissioner. 



289 



Chap. 117 

SECTION 3. Notwithstanding any general or special law to the contrary, the 
inspector general shall review and approve the appraisal required pursuant to section 2. The 
inspector general shall prepare a report of his review of the methodology utilized for the 
appraisal and shall file the report with the commissioner of capital asset management and 
maintenance, the house and senate committees on ways and means and the joint committee 
on state administration and regulatory oversight. Thirty days before the execution of a deed 
for the conveyance authorized by this act or any subsequent amendment thereto, the 
commissioner of capital asset management and maintenance shall submit the proposed deed 
or amendment and a report thereon to the inspector general for his review and comment. The 
inspector general shall issue his review and comment within 1 5 days after receipt of the 
proposed deed or amendment. The commissioner shall submit the proposed deed or 
amendment, and the reports and the comments of the inspector general, if any, to the house 
and senate committees on ways and means and the joint committee on state administration 
and regulatory oversight at least 15 days before execution of the deed or amendment. 

SECTION 4. Notwithstanding any general or special law to the contrary, the 
Concord Housing Development Corporation shall be responsible for all costs and expenses 
of the transaction authorized in this act as determined by the commissioner of capital asset 
management and maintenance including, but not limited to, the costs of any engineering, 
surveys, appraisals and deed preparation related to the conveyance of the parcel and all costs, 
liabilities and expenses of any nature and kind for its ownership. The Concord Housing 
Development Corporation may accept funds from the Walden Woods Project in support of, 
and in furtherance of, the Concord Housing Development Corporation's responsibilities 
under this act. 

SECTION 5. The deed or other instrument conveying the parcel to the Concord 
Housing Development Corporation shall provide that if the parcel ceases at any time to be 
used for the purposes set forth in this act, title to the parcel shall, at the election of the 
commonwealth, revert to the commonwealth. 

Approved, June 3, 2010. 



Chapter 118. AN ACT AUTHORIZING THE TOWN OF CHELMSFORD TO 
CONVEY CERTAIN CONSERVATION LAND AND GRANT 
CERTAIN EASEMENTS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Chelmsford may convey to the Chelmsford Water District for water supply purposes a 
certain parcel of land shown as "Parcel W" on a plan entitled "Approval Not Required Plan, 
Map 102, Lots 357-6, 357-8 and 357-14," dated July 31, 2009, revised on September 30, 
2009, prepared by Meisner Brem Corporation, containing 4.17 acres, more or less, according 



290 



Chap. 118 

to the plan and may grant a permanent, nonexclusive access and utility easement over a 
40-foot wide right-of-way shown as "Easement Area A" and "Easement Area B" on the plan, 
with such easement areas remaining under the care, custody and control of the Chelmsford 
conservation commission. Parcel W and the easement areas comprise a portion of the land 
conveyed to the town of Chelmsford by deed recorded in the Middlesex north district registry 
of deeds in book 2329, page 302, and held by the Chelmsford conservation commission for 
conservation and passive recreational purposes. The conveyance of land and grant of 
easements shall be on such terms and conditions, and for such consideration, including 
nominal consideration, as the board of selectmen may deem appropriate. 

SECTION 2. In consideration for the conveyance of land and grant of easements 
authorized in section 1, the Chelmsford Water District shall convey to the town of 
Chelmsford, acting by and through its conservation commission, for conservation and 
passive recreational purposes, the parcels of land shown as "Open Space Parcel A" and 
"Open Space Parcel B" on a plan entitled "Hillside Lane Extension 'Definitive Plan' for 
Subdivision in Chelmsford, MA," dated July 1, 1993, revised through February 11, 1994, 
prepared for Pearson-Dedick, Inc. of Lowell, MA recorded with the Middlesex north district 
registry of deeds in plan book 1 86, page 1 , containing 4.43 acres, more or less, according to 
the plan and shall grant a permanent, nonexclusive access and utility easement over the 
40-foot wide right-of-way shown on the plan as "Reservoir Road (40' width - Paper Street)". 
The easement area shall remain under the care, custody and control of the Chelmsford Water 
District. The parcels and easement are further described in a deed recorded with the 
Middlesex north district registry of deeds in book 7184, page 183. 

SECTION 3. This act shall take effect upon its passage. 

Approved, June 3, 2010. 



Chapter 119. AN ACT RELATIVE TO THE PROPER CONSERVATION OF 
MUSKEGET ISLAND. 

Be it enacted, etc., as follows: 

SECTION 1. Chapter 47 of the acts of 2009 is hereby amended by striking out 
section 1 and inserting in place thereof the following section:- 

Section 1. Notwithstanding any general or special law to the contrary, the town of 
Nantucket, acting by and through its board of selectmen, may convey to the Nantucket 
Islands Land Bank the fee, a conservation restriction or lesser interests and, to the Nantucket 
Land Council, Inc., a conservation restriction in all or any portion of parkland being that part 
of Nantucket known as Muskeget Island described in an instrument of taking authorized by 
chapter 442 of the acts of 1895 dated November 25, 1895 and recorded at the Nantucket 
registry of deeds in book 79 page 266. 



291 



Chap. 119 

SECTION 2. This act shall take effect upon its passage. 



Approved, June 16, 2010. 



Chapter 120. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
2010 TO PROVIDE FOR SUPPLEMENTING CERTAIN EXISTING 
APPROPRIATIONS AND FOR CERTAIN OTHER ACTIVITIES AND 
PROJECTS. 

Whereas, The deferred operation of this act would tend to defeat its purposes, which 
are to make forthwith supplemental appropriations for fiscal year 2010 and to make certain 
changes in law, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. To provide for supplementing certain items in the general 
appropriation act and other appropriation acts for fiscal year 2010, the sums set forth in 
section 2 are hereby appropriated from the General Fund unless specifically designated 
otherwise in this act or in those appropriation acts, for the several purposes and subject to the 
conditions specified in this act or in those appropriation acts, and subject to the laws 
regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These 
sums shall be in addition to any amounts previously appropriated and made available for the 
purposes of those items. 

SECTION 2. 

JUDICIARY 

Commission on Judicial Conduct 

0321-0001 $17,815 

Committee for Public Counsel Services 
0321-1510 $7,947,234 

TREASURER AND RECEIVER-GENERAL 

Office of the Treasurer and Receiver-General 

0612-0105 $300,000 



292 



Chap. 120 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 

Office of the Secretary of Administration and Finance 

1599-1702 $2,700,000 

1599-3234 $1,179 

1599-3384 $2,000,000 

Group Insurance Commission 

1108-5200 $15,194,266 

Division of Administrative Law Appeals 
1110-1000 $54,000 

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS 

Department of Conservation and Recreation 

2800-0501 $275 

2810-0100 $1,238 

2820-2000 $275,843 

2840-7014 $522 

EXECUTIVE OFFICE OF HEALTH AND HUMAN SERVICES 

Department of Transitional Assistance 

4403-2000 $5,322,966 

4405-2000 $737,342 

Division of Medical Assistance 



4000-0500 $143,571,795 

4000-0700 $18,900,000 



Division of Health Care Finance and Policy 

4100-0060 $429 

Soldiers ' Home in Massachusetts 

4180-0100 $400 

Department of Public Health 

4510-0100 $289 

4510-0600 $718 

4512-0103 $427 

4516-1000 $412 



293 



Chap. 120 

EXECUTIVE OFFICE OF PUBLIC SAFETY 

Department of State Police 

8100-0000 $21,569 

Department of Fire Services 

8324-0000 $6,500 

Massachusetts Emergency Management Agency 

8800-0000 $575,000 

Bristol Sheriff's Department 

8910-8300 $600,000 

Norfolk Sheriff's Department 

8910-8600 $100,000 

Plymouth Sheriff's Department 

8910-8700 $1,404,680 

Suffolk Sheriff's Department 

8910-8800 $2,750,000 

SECTION 2A. To provide for certain unanticipated obligations of the 
commonwealth, to provide for an alteration of purpose for current appropriations, and to 
meet certain requirements of law, the sums set forth in this section are hereby appropriated 
from the General Fund unless specifically designated otherwise in this section, for the several 
purposes and subject to the conditions specified in this section, and subject to the laws 
regulating the disbursement of public funds for the fiscal year ending June 30, 2010. These 
sums shall be in addition to any amounts previously appropriated and made available for the 
purposes of those items. 

EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE 

Office of the Secretary of Administration and Finance 

1599-1703 For a reserve for the 75 per cent state share of costs incurred by 
Fitchburg State College, Worcester State College, 
Quinsigamond Community College, Mount Wachusett 
Community College and Northern Essex Community College 
as identified for reimbursement by the Federal Emergency 
Management Agency for Emergency Declaration 3296 
relating to the December 2008 severe winter storm $251,838 



294 



Chap. 120 

1599-1704 For a reserve for the costs related to the March 2010 floods $500,000 

1599-4291 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Essex county 
sheriffs department and the International Brotherhood of 
Correctional Officers, Local RI-27, and to meet the fiscal year 
201 1 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; provided 
further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2011 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means; and provided 
further, that any unexpended funds under this item shall not 
be revert but shall remain available for expenditure until 

June 30, 2011 $2,636 

1599-4302 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Barnstable 
county sheriffs department and the National Association of 
Government Employees, Local 220, and to meet the fiscal 
year 2010 costs of salary adjustments and other economic 
benefits necessary to provide equal adjustments and benefits 
to employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 



295 



Chap. 120 

allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $22 

1599-4303 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Barnstable 
county sheriffs department and the American Federation of 
State, County and Municipal Employees/AFL-CIO, 
Council 93, Local 1462C, and to meet the fiscal year 2010 
costs of salary adjustments and other economic benefits nec- 
essary to provide equal adjustments and benefits to employees 
employed in confidential positions which otherwise would be 
covered by this agreement; provided, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $2,268 

1599-4305 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Barnstable 
county sheriffs department and the International Brotherhood 
of Correctional Officers, Local 217, and to meet the fiscal 
year 2010 costs of salary adjustments and other economic 
benefits necessary to provide equal adjustments and benefits 
to employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 



296 



Chap. 120 

effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $55 

1599-4307 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Barnstable 
county sheriffs department and the National Association of 
Government Employees, Local 58, and to meet the fiscal year 
201 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $17 

1599-4308 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Berkshire county 
sheriffs department and the International Brotherhood of 
Correctional Officers/ AFL-CIO, Local RI-297, and to meet 
the fiscal year 2010 costs of salary adjustments and other 
economic benefits necessary to provide equal adjustments and 
benefits to employees employed in confidential positions 
which otherwise would be covered by this agreement; 
provided, that the personnel administrator, with the approval 
of the secretary of administration and finance, shall determine 
these adjustments and benefits for the confidential employees 



297 



Chap. 120 

in accordance with the collective bargaining agreement then 
in effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $232 

1599-4309 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Berkshire county 
sheriffs department and the Berkshire County Sheriffs Office 
Employees Association, and to meet the fiscal year 201 costs 
of salary adjustments and other economic benefits necessary 
to provide equal adjustments and benefits to employees 
employed in confidential positions which otherwise would be 
covered by this agreement; provided, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $131 

1599-4316 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Hampden county 
sheriffs department and the Hampden County National 
Correctional Employees Union, and to meet the fiscal year 
201 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 



298 



Chap. 120 

of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $755 

1599-4317 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Hampden county 
sheriffs department and the Non-Uniformed Correctional 
Officers Association, and to meet the fiscal year 201 costs of 
salary adjustments and other economic benefits necessary to 
provide equal adjustments and benefits to employees 
employed in confidential positions which otherwise would be 
covered by this agreement; provided, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $875 

1599-4318 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Hampden county 
sheriffs department and the Superior Correction Officer 
Association, and to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits necessary to provide 
equal adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 



299 



Chap. 120 

this agreement; provided, that the personnel administrator, 
with the approval of the secretary of administration and 
finance, shall determine these adjustments and benefits for the 
confidential employees in accordance with the collective 
bargaining agreement then in effect which otherwise would 
cover these positions; and provided further, that the secretary 
may transfer from the sum appropriated in this item to other 
items of appropriation and allocations thereof for fiscal year 
2010 amounts that are necessary to meet these costs where the 
amounts otherwise available are insufficient for the purpose, 
in accordance with a transfer plan which shall be filed in 
advance with the house and senate committees on ways and 
means $170 

1599-4334 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Suffolk county 
sheriffs department and the American Federation of State, 
County and Municipal Employees/AFL-CIO, Council 93, 
Locals 3643/3967, and to meet the fiscal year 2010 costs of 
salary adjustments and other economic benefits necessary to 
provide equal adjustments and benefits to employees 
employed in confidential positions which otherwise would be 
covered by this agreement; provided, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 
committees on ways and means $129 

1599-4335 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Suffolk county 
sheriffs department and the American Federation of State, 
County and Municipal Employees/AFL-CIO, Council 93, Lo- 



300 



Chap. 120 

cal RN, and to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits necessary to provide 
equal adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, that the personnel administrator, 
with the approval of the secretary of administration and 
finance, shall determine these adjustments and benefits for the 
confidential employees in accordance with the collective 
bargaining agreement then in effect which otherwise would 
cover these positions; and provided further, that the secretary 
may transfer from the sum appropriated in this item to other 
items of appropriation and allocations thereof for fiscal year 

20 1 amounts that are necessary to meet these costs where the 
amounts otherwise available are insufficient for the purpose, 
in accordance with a transfer plan which shall be filed in 
advance with the house and senate committees on ways and 

means $18 

1599-4336 For a reserve to meet the fiscal year 2011 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Worcester 
county sheriffs department and the New England Police 
Benevolent Association/ AFL-CIO, Local 275 , and to meet the 
fiscal year 2011 costs of salary adjustments and other 
economic benefits necessary to provide equal adjustments and 
benefits to employees employed in confidential positions 
which otherwise would be covered by this agreement; 
provided, that the personnel administrator, with the approval 
of the secretary of administration and finance, shall determine 
these adjustments and benefits for the confidential employees 
in accordance with the collective bargaining agreement then 
in effect which otherwise would cover these positions; 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2011 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means; and provided 
further, that any unexpended funds in this item shall not revert 
but shall remain available for expenditure until June 30, 

2011 $27,121 



301 



Chap. 120 

1599-4337 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Worcester 
county sheriffs department and the Correction Officers New 
England Police Benevolent Association, Local 550, and to 
meet the fiscal year 2011 costs of salary adjustments and 
other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, that the personnel administrator, 
with the approval of the secretary of administration and 
finance, shall determine these adjustments and benefits for the 
confidential employees in accordance with the collective 
bargaining agreement then in effect which otherwise would 
cover these positions; provided further, that the secretary may 
transfer from the sum appropriated in this item to other items 
of appropriation and allocations thereof for fiscal year 201 1 
amounts that are necessary to meet these costs where the 
amounts otherwise available are insufficient for the purpose, 
in accordance with a transfer plan which shall be filed in 
advance with the house and senate committees on ways and 
means; and provided further, that any unexpended funds in 
this item shall not revert but shall be made available for the 
purposes of this item until June 30, 201 1 $135,563 

1599-4339 For a reserve to meet the fiscal year 2011 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Essex county 
sheriffs department and the International Brotherhood of 
Correctional Officers, Local RJ-71 , and to meet the fiscal year 
201 1 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; provided 
further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 



302 



Chap. 120 

allocations thereof for fiscal year 2011 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means; and provided 
further, that any unexpended funds under this item shall not 
revert but shall be made available for the purposes of this item 
until June 30, 201 1 $1,214 

1599-4341 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Suffolk county 
sheriffs department and the Jail Officers and Employees 
Association of Suffolk County, and to meet the fiscal year 
2010 costs of salary adjustments and other economic benefits 
necessary to provide equal adjustments and benefits to 
employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 
of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; and 
provided further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2010 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means $572 

1599-4348 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Worcester 
county sheriffs department and the New England Police 
Benevolent Association, Local 275, and to meet the fiscal 
year 2011 costs of salary adjustments and other economic 
benefits necessary to provide equal adjustments and benefits 
to employees employed in confidential positions which 
otherwise would be covered by this agreement; provided, that 
the personnel administrator, with the approval of the secretary 



303 



Chap. 120 

of administration and finance, shall determine these 
adjustments and benefits for the confidential employees in 
accordance with the collective bargaining agreement then in 
effect which otherwise would cover these positions; provided 
further, that the secretary may transfer from the sum 
appropriated in this item to other items of appropriation and 
allocations thereof for fiscal year 2011 amounts that are 
necessary to meet these costs where the amounts otherwise 
available are insufficient for the purpose, in accordance with 
a transfer plan which shall be filed in advance with the house 
and senate committees on ways and means; and provided 
further, that any unexpended funds in this item shall not revert 
but shall be made available for the purposes of this item until 

June 30, 2011 $28,374 

1599-4349 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the Worcester 
county sheriffs department and the United Auto Workers, 
and to meet the fiscal year 201 1 costs of salary adjustments 
and other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, that the personnel administrator, 
with the approval of the secretary of administration and 
finance, shall determine these adjustments and benefits for the 
confidential employees in accordance with the collective 
bargaining agreement then in effect which otherwise would 
cover these positions; provided further, that the secretary may 
transfer from the sum appropriated in this item to other items 
of appropriation and allocations thereof for fiscal year 201 1 
amounts that are necessary to meet these costs where the 
amounts otherwise available are insufficient for the purpose, 
in accordance with a transfer plan which shall be filed in 
advance with the house and senate committees on ways and 
means; and provided further, that any unexpended funds in 
this item shall not revert but shall be made available for the 

purposes of this item until June 30, 201 1 $35,582 

SECTION 2B. To provide for supplementing certain intragovernmental chargeback 
authorizations in the general appropriation act and other appropriation acts for fiscal year 
2010, to provide for certain unanticipated intragovernmental chargeback authorizations, to 
provide for an alteration of purpose for current intragovernmental chargeback authorizations, 



304 



Chap. 120 

and to meet certain requirements of law, the sums set forth in this section are hereby 
authorized from the Intragovernmental Service Fund for the several purposes specified in this 
section or in the appropriation acts, and subject to the provisions of law regulating the 
disbursement of public funds for the fiscal year ending June 30, 2010. These sums shall be 
in addition to any amounts previously authorized and made available for the purposes of 
those items. 

EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS 

Office of the Secretary of Energy and Environmental Affairs 

2030-1004 $80,000 

SECTION 2D. To provide for supplementing certain federal grant authorizations 
in the general appropriation act and other appropriation acts for fiscal year 2010, to provide 
for certain unanticipated federal grant authorizations, to provide for an alteration of purpose 
for current federal grant authorizations, and to meet certain requirements of law, the sums 
set forth in this section are hereby authorized from the General Federal Grants Fund for the 
several purposes specified in this section or in the appropriation acts, and subject to the 
provisions of law regulating the disbursement of public funds for the fiscal year ending 
June 30, 2010. These sums shall be in addition to any amounts previously authorized and 
made available for the purposes of those items. 

4510-0404 $2,636 

4510-0639 $254 

4512-0102 $128 

4512-0179 $140 

4513-9018 $266 

4513-9035 $156 

4513-0115 $193 

4516-1021 $1,810 

SECTION 3. Item 1599-1004 of section 2 of chapter 182 of the acts of 2008 is 
hereby amended by adding the following words:- ; and provided further, that any unexpended 
funds in this item shall not revert and shall be made available for the purposes of this item 
until June 30, 2011. 

SECTION 4. The first sentence of subsection (e) of section 1 14 of chapter 27 of the 
acts of 2009 is hereby amended by striking out the word "October 1, 2009" and inserting in 
place thereof the following word:- July 31, 2010. 

SECTION 5. Item 1599-1027 of section 2A of chapter 86 of the acts of 2010 is 
hereby amended by adding the following words:- ; and provided further, that any unexpended 
funds in this item shall not revert and shall be made available for the purposes of this item 
until June 30, 2011. 

SECTION 6. Said section 2A of said chapter 86 is hereby further amended by 
striking out item 1599-4286 and inserting in place thereof the following item:- 



305 



Chap. 120 

1599-4286 For a reserve to meet the fiscal year 2010 costs of salary 
adjustments and other economic benefits authorized by the 
collective bargaining agreement between the commonwealth 
and the Berkshire registries of deeds - Service Employees 
International Union, Local 888; Essex North/South registry of 
deeds - American Association of Federal, State, County and 
Municipal Employees, Council 653; Hampden registry of 
deeds - Office of Professional Employees International Union, 
Local 6; Middlesex South registry of deeds - Office of 
Professional Employees International Union, Local 6; 
Middlesex South registry of deeds - American Association of 
Federal, State, County and Municipal Employees, Council 
653, Local 414; Suffolk registry of deeds - Service Employees 
International Union, Local 888; Worcester North registry of 
deeds - Service Employees International Union, Local 888 
and to meet the fiscal year 2010 costs of salary adjustments 
and other economic benefits necessary to provide equal 
adjustments and benefits to employees employed in 
confidential positions which otherwise would be covered by 
this agreement; provided, however, that the personnel 
administrator, with the approval of the secretary of 
administration and finance, shall determine these adjustments 
and benefits for the confidential employees in accordance 
with the collective bargaining agreement then in effect which 
otherwise would cover these positions; and provided further, 
that the secretary may transfer from the sum appropriated in 
this item to other items of appropriation and allocations 
thereof for fiscal year 2010 amounts that are necessary to 
meet these costs where the amounts otherwise available are 
insufficient for the purpose, in accordance with a transfer plan 
which shall be filed in advance with the house and senate 

committees on ways and means 275 

SECTION 7. Notwithstanding any general or special law or rule or regulation to the 
contrary, any unexpended balances, not to exceed a total of $ 1 5,000,000, in items 4000-0600 
and 4000-0700 of section 2 of chapter 27 of the acts of 2009, shall not revert to the General 
Fund until September 1 , 201 0, and may be used by the executive office of health and human 
services to pay for services provided during fiscal year 2010. 

SECTION 8. Notwithstanding any general or special law to the contrary, the 
secretary of health and human services, with the written approval of the secretary of adminis- 



306 



Chap. 120 

tration and finance, may authorize transfers totaling not more than $4,000,000 from items 
5911-1003, 5920-2000, 5920-2010, 5920-2025, 5920-3000, 5920-3010 of section 2 of 
chapter 27 of the acts of 2009 to item 5930-1 000 of said section 2 for the purpose of reducing 
any deficiency in said item 5930-1 000 of said section 2 , but any such transfer shall take place 
not later than August 31, 2010. Prior to August 31, 2010, the department shall submit a 
report to the house and senate committee on ways and means detailing: the total reversion 
from each line item, the cause and impact on services of each reversion, and updated fiscal 
year 201 1 maintenance projections if affected by the reversions. 

SECTION 9. Notwithstanding any general or special law to the contrary, the 
unexpended balances of all capital accounts which otherwise would revert on June 30, 2010, 
but which are necessary to fund obligations during fiscal year 20 1 1 , are hereby re-authorized; 
but this re-authorization shall terminate upon enactment of capital account extension 
legislation. 

SECTION 10. Notwithstanding any general or special law to the contrary, the 
comptroller shall transfer, $60,000 from the General Fund, to the Commonwealth Covenant 
Fund, established in section 35EE of chapter 10 of the General Laws, to fund the awarding 
of grants to students meeting eligibility set forth in the General Laws no later than June 30, 
2010. 

SECTION 11. Notwithstanding any special or general law to the contrary, an 
instructor of the reserve officer training corps affiliated with any public secondary school of 
the commonwealth shall be exempt from the requirement to pay service fees under sections 
2 and 12 of chapter 150E of the General Laws. This provision shall not apply to a person 
who is employed, full-time, as a public employee under chapter 150E. 

This bill was returned on June 16, 2010, by the Governor to the House of 
Representatives, the branch in which said bill was originated, with His objections in writing 
to the following items therein: 

Items Disapproved: 

SECTION 2: 2840-7014 8910-8300 

SECTION 2A: 1599-4305 

SECTION 2D: 4510-0404 4510-0639 4512-0102 4512-0179 4513-9018 

4513-9035 4513-0115 4516-1021 

Pursuant to Article 56, as amended by Article 90, Section 3, of the Amendments to 
the Constitution, the Governor sent a separate letter to the Senate and the House of 
Representatives setting forth recommended amendments to Section 4. 

The remainder of the bill was approved by the Governor on June 16, 2010 at three 
o'clock and thirty seven minutes, P.M. 



307 



Chapter 121. AN ACT AUTHORIZING THE TOWN OF WESTPORT TO LEASE 
A PORTION OF THE WESTPORT TOWN FARM TO THE 
TRUSTEES OF RESERVATIONS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
of Westport, acting by and through its board of selectmen, may enter into an agreement with 
the Trustees of Reservations to lease, for a term of 99 years, a portion of the Town Farm 
located at 830 Drift road in said town, for agricultural, educational and preservation 
purposes. The lease shall be subject to paragraphs (a), (b) and (g) of section 16 of chapter 
30B of the General Laws. The leasehold premises consist of approximately 39 acres and are 
shown on a sketch plan entitled "Westport Town Farm", prepared on behalf of the Trustees 
of Reservations, and on file in the office of the town clerk. 

SECTION 2. If the land subject to the lease in section 1 is used for any other 
purposes other than those listed in section 1, the lease shall immediately become null and 
void and any leasehold interest in the land shall immediately revert to the town of Westport. 

SECTION 3. This act shall take effect upon its passage. 

Approved, June 17, 2010. 



Chapter 122. AN ACT PROVIDING FOR THE APPOINTMENT OF A 
TREASURER-COLLECTOR IN THE TOWN OF FREETOWN. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the office 
of treasurer-collector for the town of Freetown is hereby established. The treasurer-collector 
shall have all the powers, perform the duties and be subject to the liabilities and penalties 
now or hereafter conferred and imposed by law on town treasurers and town collectors of 
taxes. The treasurer-collector shall be appointed and may be removed by the board of 
selectmen of the town. The board of selectmen may establish an employment contract with 
the treasurer-collector for salary, fringe benefits and other conditions of employment, 
including, but not limited to, severance pay, reimbursement for expense incurred in the 
performance of the duties of office, liability insurance, conditions of discipline, termination 
dismissal, reappointment, performance standards and leave. 

SECTION 2. Notwithstanding section 1, upon the effective date of this act, the 
positions of elected town treasurer and elected tax collector shall be abolished and the terms 
of the officers holding the offices shall be terminated. The elected incumbent holding the 
office of town treasurer, if any, shall thereupon become the first appointed 
treasurer-collector, and shall serve in such capacity for a period of time equivalent to the 
remainder of the incumbent's elected term or sooner resignation or retirement. Thereafter, 



308 



Chap. 122 

appointments to the position of treasurer-collector shall be made in accordance with said 
section 1 . 

SECTION 3. This act shall take effect upon its passage. 

Approved, June 23, 2010. 



Chapter 123. AN ACT EXEMPTING THE POSITION OF DEPUTY CHIEF OF 
POLICE IN THE TOWN OF WAKEFIELD FROM THE CIVIL 
SERVICE LAW. 

Be it enacted, etc., as follows: 

SECTION 1. The position of deputy chief of police in the town of Wakefield shall 
be exempt from chapter 31 of the General Laws. 

SECTION 2. Section 1 shall not impair the civil service status of an incumbent 
holding the position of deputy chief of police in the town of Wakefield on the effective date 
of this act. 

SECTION 3. This act shall take effect upon its passage. 

Approved, June 23, 2010. 



Chapter 124. AN ACT DESIGNATING THE PORTION OF STATE HIGHWAY 
ROUTE 140 LOCATED IN THE TOWN OF UPTON AS THE 
GEORGE L. WOOD VETERANS OF FOREIGN WARS POST #5594 
AND THE MARSHALL-LELAND AMERICAN LEGION POST #173 
ROADWAY. 

Be it enacted, etc., as follows: 

Chapter 412 of the acts of 2008 is hereby amended by striking out the first sentence 
and inserting in place thereof the following sentence:- The portion of state highway route 140 
located in the town of Upton shall be designated and known as the George L. Wood Veterans 
of Foreign Wars Post #5594 and the Marshall-Leland American Legion Post # 1 73 Roadway. 

Approved, June 23, 2010. 



Chapter 125. AN ACT ESTABLISHING A SICK LEAVE BANK FOR MELISSA 
GORDON, AN EMPLOYEE OF THE TRIAL COURT. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 



309 



Chap. 125 

is to establish forthwith a sick leave bank for a certain employee of the trial court, therefore 
it is hereby declared to be an emergency law, necessary for the immediate preservation of the 
public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the trial 
court shall establish a sick leave bank for Melissa Gordon, an employee of the trial court. 
Any employee of the trial court may voluntarily contribute 1 or more sick, personal or 
vacation days to the sick leave bank for the use by Melissa Gordon. Sick leave bank days 
shall not be used for absences unrelated to the illness or disability that necessitated the 
establishment of the sick leave bank as determined by the trial court. Whenever Melissa 
Gordon terminates employment with the trial court or requests to dissolve the sick leave 
bank, any remaining time in the sick leave bank shall be transferred to the trial court paid 
leave bank. 

Approved, June 25, 2010. 



Chapter 126. AN ACT AUTHORIZING THE APPOINTMENT OF SPECIAL 
POLICE OFFICERS IN THE TOWN OF MILLIS. 

Be it enacted, etc., as follows: 

SECTION 1. Notwithstanding any general or special law to the contrary, the town 
administrator of the town of Millis may appoint, as the administrator deems necessary, 
retired Millis police officers as special police officers for the purpose of performing police 
details or any other police duties arising therefrom or during the course of police detail work, 
regardless of whether or not related to the detail work; provided, however, that the officer 
shall have been a regular Millis police officer and retired based on superannuation. The 
special police officers shall be subject to the same maximum age restrictions as applied to 
regular police officers under chapter 32 of the General Laws. Prior to an appointment under 
this act, a retired police officer shall pass a medical examination by a physician or other 
certified professional chosen by the town to determine that the retired police officer is 
capable of performing the essential duties of a special police officer and the cost thereof shall 
be borne by the retired police officer. 

SECTION 2. Special police officers appointed under this act shall not be subject to 
chapter 31 of the General Laws or sections 99 A, 100 and 1 1 IF of chapter 41 of the General 
Laws, or any collective bargaining agreement. 

SECTION 3. When performing the duties under section 1, a special police officer 
shall have the same power to make arrests and perform other police functions as do regular 
police officers of the town of Millis. 



310 



Chap. 126 

SECTION 4. A special police officer shall be appointed for an indefinite term, 
subject to removal by the town administrator at any time with a 14-day written notice. 

SECTION 5. A special police officer shall be subject to the rules and regulations, 
policies and procedures and requirements of the chief of police and the town administrator 
of the town of Millis, including restrictions on the type of detail assignments, requirements 
regarding medical examinations to determine continuing capability to perform the duties of 
a special police officer, requirements for training requirements for firearms licensing and 
qualifications and requirements regarding uniforms and equipment. Compliance with all 
requirements shall be at no cost to the town of Millis. Special police officers shall not be 
subject to section 96B of chapter 41 of the General Laws. 

SECTION 6. Special police officers shall be sworn before the town clerk who shall 
keep a record of all such appointments. 

SECTION 7. When special police officers appointed under this act reach the age of 
65 such employment shall terminate on the last day of the month of the officer's sixty-fifth 
birthday; provided, however, that if the age limitation applicable to regular police officers 
serving the town is increased the age limit provided herein for special police officers, shall 
terminate at such a higher age limit, but in no event shall the age extend beyond the age of 
70. Special police officers appointed under this act shall not be subject to section 85H of 
chapter 32 of the General Laws or section 11 IF of chapter 41 of the General Laws, nor 
eligible for any benefits pursuant thereto. 

SECTION 8. An appointment as a special police officer does not entitle an 
individual appointed as such to assignment to any detail. Special police officers appointed 
under this act shall not be eligible for unemployment nor shall the town be liable for 
unemployment benefits, under chapter 1 5 1 A of the General Laws, for any reason, including 
police detail assignment determinations made by the town or removal of an individual as a 
special police officer. 

SECTION 9. Retired Millis police officers serving as special police officers under 
this act shall be subject to the limitations on hours worked and on payments to retired town 
employees under paragraph (b) of section 91 of chapter 32 of the General Laws. 

SECTION 10. This act shall take effect upon its passage. 

Approved, June 25, 2010. 



Chapter 127. AN ACT ESTABLISHING A SICK LEAVE BANK FOR HOWARD 
RAY, AN EMPLOYEE OF THE DEPARTMENT OF EARLY 
EDUCATION AND CARE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to establish forthwith a sick leave bank for a certain employee of the department of early 
education and care, therefore it is hereby declared to be an emergency law, necessary for the 



311 



Chap. 127 

immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

Notwithstanding any general or special law, rule or regulation to the contrary, the 
department of early education and care shall establish a sick leave bank for Howard Ray, an 
employee of the department. Any employee of the department may voluntarily contribute 
1 or more sick, personal or vacation days to the sick leave bank for use by Howard Ray. Sick 
leave bank days shall not be used for absences unrelated to the illness or disability that 
necessitated the establishment of the sick leave bank as determined by the department. 
Whenever Howard Ray terminates employment with the department or requests to dissolve 
the sick leave bank, any remaining time in the sick leave bank shall be transferred to the 
extended illness leave bank. 

Approved, June 25, 2010. 



Chapter 128. AN ACT DESIGNATING THE EAST BROOKFIELD DISTRICT 
COURTHOUSE AS THE FRANCIS H. GEORGE COURTHOUSE. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is forthwith to designate the East Brookfield District Courthouse as the Francis H. George 
Courthouse, therefore it is hereby declared to be an emergency law, necessary for the 
immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

The East Brookfield district courthouse in the town of East Brookfield shall be 
designated and known as the Francis H. George Courthouse, in memory of the late honorable 
Francis H. George for his many contributions to the judiciary, the bar and the town of East 
Brookfield. The division of capital asset management and maintenance shall erect and 
maintain suitable markers bearing the designation in compliance with the standards of the 
division. 

Approved, June 25, 2010. 



Chapter 129. AN ACT RELATIVE TO THE PUNCHARD FREE SCHOOL IN THE 
TOWN OF ANDOVER. 

Be it enacted, etc., as follows: 



312 



Chap. 129 

SECTION 1. Chapter 7 of the acts of 1851 is hereby amended by striking out 
section 3, as amended by section 1 of chapter 47 of the acts of 1877, and inserting in place 
thereof the following section: - 

Section 3. The board of trustees of the Punchard Free School shall consist of 5 
trustees, who shall be residents of the town of Andover elected by the registered voters of the 
town for a term of 3 years. At each annual town election, the voters shall elect a trustee to 
take the place of a trustee whose term is about to expire. 

SECTION 2. Notwithstanding chapter 7 of the acts of 1 85 1 , the trustees who are in 
office on the effective date of this act shall serve until the expiration of their terms. At the 
first election of the successors to the trustees who are in office on the effective date of this 
act, the town shall elect 5 trustees, 2 of whom shall serve for terms of 3 years, 2 of whom 
shall serve for terms of 2 years and 1 of whom shall serve for a term of 1 year. 

SECTION 3. This act shall take effect upon the approval by the Essex division of 
the probate and family court department of the trial court of changes to the will of the late 
Benjamin Hanover Punchard that are consistent with the provisions of this act. 

Approved, June 28, 2010. 



Chapter 130. AN ACT RELATIVE TO THE ESSEX NORTH SHORE 
AGRICULTURAL AND TECHNICAL SCHOOL. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is to make forthwith technical changes to the Essex agricultural and technical high school, 
therefore it is hereby declared to be an emergency law, necessary for the immediate 
preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. The second paragraph of section 3 of chapter 463 of the acts of 2004 
is hereby amended by striking out the second sentence and inserting in place thereof the 
following 2 sentences:- The North Shore vocational regional school and the Essex 
agricultural and technical high school shall be dissolved and cease to exist on the July 1 
preceding the opening of the Essex North Shore agricultural and technical school. The 
temporary oversight board, shall be dissolved and cease to exist upon convening of the new 
school committee as established under section 7. 

SECTION 2. Said chapter 463 is hereby further amended by striking out section 4 
and inserting in place thereof the following section- 
Section 4. A city or town which is a member of the North Shore Vocational Regional 
School District, or the city of Peabody may elect to become a member municipality of the 



313 



Chap. 130 

district by vote of the city council or town meeting taken before July 1, 2010. A certified 
copy of the vote shall be sent by the city or town clerk to the commissioner. Upon the 
election by cities and towns representing at least 75 per cent of the October 1, 2004, 
foundation enrollment of the North Shore Vocational Regional School District, the 
commissioner shall certify the local adoption of this chapter to the secretary of the 
commonwealth. Additional elections may be made by any city or town subsequent to the 
date of certification, but before July 1, 2010. On or after July 1, 2010, the admission of 
additional member municipalities shall be governed by the district's by-laws. ' 

SECTION 3. The second paragraph of section 7 of said chapter 463 is hereby 
amended by striking out the first sentence and inserting in place thereof the following 
sentence:- Upon certification of the vote the commissioner or his designee shall fix the time 
and location of the initial meeting of the school committee as soon as practicable and shall 
preside at the meeting until the election of a chairperson. 

SECTION 4. The first paragraph of section 14 of said chapter 463 is hereby 
amended by striking out the second sentence and inserting in place thereof the following 
sentence:- Employees of the Essex agricultural and technical high school, employees of the 
North Shore Vocational Regional School District and all displaced employees of Peabody 
school district who shall become employees of the Essex North Shore agricultural and 
technical school as a result of the merger shall suffer no impairment of employment rights 
held immediately before that date. 

SECTION 5. Section 15 of said chapter 463 is hereby amended by striking out the 
last sentence, as amended by section 13 of chapter 304 of the acts of 2008, and inserting in 
place thereof the following sentence:- Any remaining proceeds shall be used to reduce the 
incurred indebtedness of members of the Essex North Shore Agricultural and Technical 
School District as established under section 4. 

SECTION 6. Said chapter 463 is hereby further amended by inserting after section 
17 the following section:- 

Section 17A. (a) Notwithstanding section 7 of chapter 268A of the General Laws, 
a special state employee who is providing professional services to the Massachusetts School 
Building Authority may have, directly or indirectly, a financial interest in a contract made 
by the temporary oversight board established by section 3, the district established by section 
6, the school committee established by section 7, a member municipality as defined in 
section 1 or the governing entities in place for the North Shore vocational regional school 
and the Essex agricultural and technical high school, which is funded in whole or part by a 
school building assistance grant made by the authority relative to the Essex North Shore 
agricultural and technical school; provided, however, that the special state employee 
discloses the relevant facts and nature of the financial interest to the executive director of the 
authority and receives the written approval of the executive director of the authority and the 
disclosure and approval are filed with the state ethics commission. 

(b) Notwithstanding section 5 of said chapter 268 A, a former special state employee 
who has provided professional services to the authority in connection with the Essex North 



314 



Chap. 130 

Shore agricultural and technical school may act as agent or attorney for or accept 
compensation from the temporary oversight board, district, school committee, member 
municipality or the governing entities in place for the North Shore vocational regional school 
and the Essex agricultural and technical high school, under a contract for professional 
services assigned by the authority to the entity for the provision of services relative to the 
Essex North Shore agricultural and technical school. 

(c) Upon the termination of the temporary oversight board, the authority, at its sole 
discretion, may assume any of the board's contracts for professional consulting services in 
relation to the Essex North Shore agricultural and technical school, subject to additional 
terms and conditions as it may deem appropriate, or it may enter new contracts for 
substantially the same scope of services as set forth in the contracts of the board. 
Notwithstanding section 18 of said chapter 268 A, an individual who has provided 
professional consulting services to the temporary oversight board may act as agent for or 
accept compensation from the authority in connection with the Essex North Shore 
agricultural and technical school. An individual who provides services to the authority shall 
be exempt from section 7 of said chapter 268A to the extent and under the conditions 
provided in subsection (a). 

SECTION 7. Said chapter 463 is hereby further amended by striking out section 1 8 
and inserting in place thereof the following section:- 

Section 18. Sections 1, 12 and 14 shall take effect on July 1 preceding the opening 
of the Essex North Shore agricultural and technical school. Sections 6, 7, 8, 9, 10, 1 1, 13, 
15, 16 and 17 shall take effect following certification by the commissioner of education of 
the votes required by section 4. This certification by the commissioner shall occur not later 
than July 1,2010. 

SECTION 8. Notwithstanding section 7 of chapter 268 A of the General Laws, a 
special state employee who is providing professional services to the Massachusetts School 
Building Authority in connection with projects for the repair or replacement of school 
building roofs, windows or boilers, including ancillary work, which are approved as part of 
the Massachusetts school building authority's qualified school construction bonds repair 
program, as authorized by section 137 of chapter 27 of the acts of 2009, may have, directly 
or indirectly, a financial interest in a contract funded in whole or part by the authority under 
said chapter 70B of the General Laws; provided, however, that the special state employee 
discloses the relevant facts and nature of the financial interest to the executive director of the 
authority and receives the written approval of the executive director and the disclosure and 
approval are filed with the state ethics commission. 

Approved, June 29, 2010. 



315 



Chapter 131. AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 
2011 FOR THE MAINTENANCE OF THE DEPARTMENTS, 
BOARDS, COMMISSIONS, INSTITUTIONS AND CERTAIN 
ACTIVITIES OF THE COMMONWEALTH, FOR INTEREST, 
SINKING FUND AND SERIAL BOND REQUIREMENTS AND FOR 
CERTAIN PERMANENT IMPROVEMENTS. 

Whereas, The deferred operation of this act would tend to defeat its purpose, which 
is immediately to make appropriations for the fiscal year beginning July 1,2010, and to make 
certain changes in law, therefore it is hereby declared to be an emergency law, necessary for 
the immediate preservation of the public convenience. 

Be it enacted, etc., as follows: 

SECTION 1. To provide for the maintenance of the several departments, boards, 
commissions and institutions and other services, and for certain permanent improvements 
and to meet certain requirements of law, the sums set forth in sections 2, 2B, 2D, 2E and 3, 
for the several purposes and subject to the conditions specified in sections 2, 2B, 2D, 2E and 
3, are hereby appropriated from the General Fund unless specifically designated otherwise, 
subject to the provisions of law regulating the disbursement of public funds and the approval 
thereof for the fiscal year ending June 30, 201 1. All sums appropriated under this act, 
including supplemental and deficiency budgets, shall be expended in a manner reflecting and 
encouraging a policy of nondiscrimination and equal opportunity for members of minority 
groups, women and handicapped persons. All officials and employees of an agency, board, 
department, commission or division receiving monies under this act shall take affirmative 
steps to ensure equality of opportunity in the internal affairs of state government, as well as 
in their relations with the public, including those persons and organizations doing business 
with the commonwealth. Each agency, board, department, commission or division, in 
spending appropriated sums and discharging its statutory responsibilities, shall adopt 
measures to ensure equal opportunity in the areas of hiring, promotion, demotion or transfer, 
recruitment, layoff or termination, rates of compensation, in-service or apprenticeship 
training programs and all terms and conditions of employment. 

SECTION 1 A. In accordance with Articles LXIII and CVII of the Articles of 
Amendment to the Constitution of the Commonwealth and section 6D of chapter 29 of the 
General Laws, it is hereby declared that the amounts of revenue set forth in this section by 
source for the respective funds of the commonwealth for the fiscal year ending June 30, 20 1 1 
are necessary and sufficient to provide the means to defray the appropriations and 
expenditures from such funds for said fiscal year as set forth and authorized in sections 2, 2B 
and 2E. The comptroller shall keep a distinct account of actual receipts from each such 
source by each such fund to furnish the executive office for administration and finance and 
the house and senate committees on ways and means with quarterly statements comparing 
such receipts with the projected receipts set forth herein and to include a full statement 
comparing such actual and projected receipts in the annual report for said fiscal year pursuant 



316 



Chap. 131 

to section 13 of chapter 7A of the General Laws. The quarterly and annual reports shall also 

include detailed statements of any other sources of revenue for the budgeted funds in addition 

to those specified in this section. 

Fiscal Year 2011 Revenue by Source and Budgeted Fund (in Millions) 

Substance 
FMAP Abuse 

All Budget Commonwealth Prevention 

Budgeted General Relief Transportation and Public 
Source Funds* Fund Fund Fund Health Fund Other** 



Alcohol. Bev. 


71.6 


71.6 


0.0 


0.0 


0.0 


0.0 


Cigarettes 


484.0 


484.0 


0.0 


0.0 


0.0 


0.0 


Corporations 


1,371.9 


1,371.9 


0.0 


0.0 


0.0 


0.0 


Deeds 


113.7 


113.7 


0.0 


0.0 


0.0 


0.0 


Estate Inheritance 


205.0 


205.0 


0.0 


0.0 


0.0 


0.0 


Financial Institutions 


193.8 


193.8 


0.0 


0.0 


0.0 


0.0 


Income 


10,629.7 


10,629.7 


0.0 


0.0 


0.0 


0.0 


Insurance 


326.2 


326.2 


0.0 


0.0 


0.0 


0.0 


Motor Fuels 


663.6 


0.0 


0.0 


662.7 


0.0 


0.9 


Public Utilities 


27.9 


27.9 


0.0 


0.0 


0.0 


0.0 


Room Occupancy 


100.0 


65.0 


0.0 


0.0 


0.0 


35.0 


Sales-Regular 


3,443.4 


3,123.3 


0.0 


212.1 


108.0 


0.0 


Sales-Meals 


790.1 


741.4 


0.0 


48.7 


0.0 


0.0 


Sales-Motor 














Vehicles 


583.1 


547.1 


0.0 


36.0 


0.0 


0.0 


Miscellaneous 


25.2 


25.2 


0.0 


0.0 


0.0 


0.0 


UI Surcharges 


21.0 


0.0 


0.0 


0.0 


0.0 


21.0 


Total Consensus 














Tax Revenues: 


19,050.8 


17,926.0 


0.0 


959.5 


108.0 


56.9 


Transfer to School 














Modernization and 














Reconstruction Trust 














(SMART) Fund 


-644.3 


-644.3 










Transfer to MBTA 














State and Local 














Contribution Fund 


-767.1 


-767.1 










Transfer to Pension 














Reserves Investment 














Trust Fund 


-1,441.8 


-1,441.8 










Total Consensus 














Tax Revenue for 














Budget: 


16,197.6 


15,072.8 


0.0 


959.5 


108.0 


56.9 



317 



Chap. 131 



Source 


All 

Budgeted 

Funds* 


General 
Fund 


FMAP 

Budget 
Relief 
Fund 


Commonwealth 

Transportation 

Fund 


Substance 

Abuse 

Prevention 

and Public 

Health Fund 


Other** 


Revenue Changes 














Administrative 
Provisions to 
Facilitate Tax 
Collections 


22.5 


22.5 


0.0 


0.0 


0.0 


0.0 


Enhanced Auditors 


20.0 


20.0 


0.0 


0.0 


0.0 


0.0 


Massachusetts Life 
Science Tax Credit 
Cap 


5.0 


5.0 


0.0 


0.0 


0.0 


0.0 


Total Taxes 
Available for 
Budget: 


16,245.1 


15,120.3 


0.0 


959.5 


108.0 


56.9 


Non-Tax Revenue 














Federal 
Reimbursements 


9,034.6 


8,339.8 


688.0 


0.0 


0.0 


6.8 


Departmental 
Revenue 


2,811.3 


2,297.1 


0.0 


501.1 


0.0 


13.1 


Consolidated 
Transfers 


1,951.1 


2,059.2 




0.0 


0.0 


-108.1 


GRAND TOTAL 


30,042.1 


27,816.4 




1,460.6 


108.0 


-31.3 



* Includes revenue deposited into and transfers out of the Workforce Training Fund, Mass 
Tourism Fund, Inland Fish and Game Fund, Marine Recreational Fisheries Development 
Fund, Commonwealth Substance Abuse Treatment and Prevention Fund, and Stabilization 
Fund. 

** Includes tax revenue into the Workforce Training Fund, the Mass Tourism Fund and the 
Inland Fish and Game Fund 

SECTION IB. The comptroller shall keep a distinct account of actual receipts of 
non-tax revenues by each department, board, commission or institution to furnish the 
executive office for administration and finance and the house and senate committees on ways 
and means with quarterly statements comparing such receipts with projected receipts set forth 
herein and to include a full statement comparing such receipts with projected receipts in the 
annual report for such fiscal year pursuant to section 1 3 of chapter 7A of the General Laws. 



318 



Chap. 131 

The quarterly and annual reports shall also include detailed statements of any other sources 
of revenue for the budgeted funds in addition to those specified in this section. 

Non-Tax Revenue: Department Summary 



Revenue Source 


Unrestricted 


Restricted 


Total 


Judiciary 

Supreme Judicial Court 
Committee for Public Counsel 


$2,979,940 
$0 


$0 
$750,000 


$2,979,940 
$750,000 


Appeals Court 
Trial Court 
TOTALS : 


$448,502 
$77,959,000 
$81,387,442 


$0 
$53,000,000 
$53,750,000 


$448,502 
$130,959,000 
$135,137,442 


District Attorneys 








Plymouth District Attorney 


$500 


$0 


$500 


Middle District Attorney 


$100 


$0 


$100 


TOTALS : 


$600 


$0 


$600 


Secretary of the Commonwealth 

Secretary of the Commonwealth 
TOTALS: 


$227,922,453 
$227,922,453 


$30,000 
$30,000 


$227,952,453 
$227,952,453 


Treasurer and Receiver-General 

Office of the Treasurer 
State Lottery Commission 
TOTALS : 


$241,125,559 
$184,536,000 
$425,661,559 


$0 
$826,347,607 
$826,347,607 


$241,125,559 
$1,010,883,607 
$1,252,009,166 


Attorney General 

Office of the Attorney General 
TOTALS : 


$26,210,895 
$26,210,895 


$575,000 
$575,000 


$26,785,895 
$26,785,895 


State Ethics Commission 








State Ethics Commission 


$50,000 


$0 


$50,000 


TOTALS : 


$50,000 


$0 


$50,000 


Inspector General 

Office of the Inspector General 

TOTALS: 

Office of Campaign and Political Finance 

Office of Campaign and Political Finance 


$0 
$0 

$82,200 


$600,000 
$600,000 

$0 


$600,000 
$600,000 

$82,200 


TOTALS : 


$82,200 


$0 


$82,200 


Massachusetts Commission Against Discrimination 

Massachusetts Commission Against 

Discrimination $90,196 

TOTALS : $90,196 


$1,984,224 
$1,984,224 


$2,074,420 
$2,074,420 


Office of the State Comptroller 

Office of the State Comptroller 
TOTALS : 


$494,116,432 
$494,116,432 


$0 
$0 


$494,116,432 
$494,116,432 



319 



Chap. 131 



Revenue Source 

Office of the State Auditor 

Office of the State Auditor 
TOTALS : 

Executive Office for Administration and Finance 

Executive Office for Administration and 

Finance 
Secretary of Administration and Finance 
Division of Capital Asset Management & 

Maintenance 

Bureau of State Office Buildings 

Civil Service Commission 
Group Insurance Commission 

Division of Administrative Law Appeals 

George Fingold Library 

Department of Revenue 

Appellate Tax Board 

Human Resources Division 

Operational Services Division 

Information Technology Division 

Public Employee Retirement Administration 

TOTALS: 

Executive Office of Energy & Environmental Affairs 

Executive Office of Energy & Environmental 

Affairs 
Department of Environmental Protection 
Department of Fish and Game 
Department of Agricultural Resources 
Department of Conservation and Recreation 
Department of Public Utilities 
Department of Energy Resources 
TOTALS : 

Executive Office of Health and Human Services 

Department of Veterans' Services 
Secretary of Health and Human Services 
Division of Health Care Finance and Policy 
Mass Commission for the Blind 
Massachusetts Rehabilitation Commission 
Mass Commission for the Deaf 
Chelsea Soldiers' Home 
Holyoke Soldiers' Home 
Department of Youth Services 
Department of Transitional Assistance 
Department of Public Health 
Department of Children and Families 



Unrestricted 


Restricted 


Total 


$121,918 


$0 


$121,918 


$121,918 
ince 


$0 


$121,918 


$14,334,299 


$1,000,000 


$15,334,299 


$67,489,102 


$0 


$67,489,102 


$16,470,523 


$16,550,000 


$33,020,523 


$171,833 


$0 


$171,833 


$20,000 


$0 


$20,000 


$764,812,324 


$950,000 


$765,762,324 


$127,500 


$0 


$127,500 


$0 


$0 


$0 


$207,364,495 


$6,547,280 


$213,911,775 


$2,004,499 


$400,000 


$2,404,499 


$3,000 


$2,031,977 


$2,034,977 


$2,304,000 


$3,168,167 


$5,472,167 


$0 


$637,000 


$637,000 


$179 


$0 


$179 


$1,075,101,754 


$31,284,424 


$1,106,386,178 


Affairs 






$4,940,150 


$220,000 


$5,160,150 


$34,558,179 


$3,312,010 


$37,870,189 


$16,475,655 


$319,489 


$16,795,144 


$6,386,877 


$0 


$6,386,877 


$13,583,556 


$8,486,831 


$22,070,387 


$13,545,847 


$2,400,000 


$15,945,847 


$3,982,418 


$0 


$3,982,418 


$93,472,682 


$14,738,330 


$108,211,012 


:es 

$15,000 


$300,000 


$315,000 


$5,975,931,850 


$225,000,000 


$6,200,931,850 


$308,687,773 


$100,000 


$308,787,773 


$2,857,411 


$0 


$2,857,411 


$3,668,640 


$0 


$3,668,640 


$127,981 


$0 


$127,981 


$11,554,205 


$360,000 


$11,914,205 


$12,084,553 


$380,000 


$12,464,553 


$2,403,491 


$0 


$2,403,491 


$485,797,898 


$0 


$485,797,898 


$106,261,512 


$56,468,548 


$162,730,060 


$192,893,736 


$4,100,000 


$196,993,736 



320 



Chap. 131 



Revenue Source 


Unrestricted 


Restricted 


Total 


Department of Mental Health 


$102,921,919 


$125,000 


$103,046,919 


Department of Developmental Services 


$444,006,455 


$150,000 


$444,156,455 


Department of Elder Affairs 


$1,389,768,524 


$0 


$1,389,768,524 


TOTALS : 


$9,038,980,948 


$286,983,548 


$9,325,964,496 


Massachusetts Department of 








Transportation 








Massachusetts Department of Transportation 


$512,795,300 


$0 


$512,795,300 


TOTALS : 


$512,795,300 


$0 


$512,795,300 


Board of Library Commissioners 








Board of Library Commissioners 


$2,000 


$0 


$2,000 


TOTALS : 


$2,000 


$0 


$2,000 



Executive Office of Housing & Economic Development 

Department of Housing & Community 



Development 


$2,602,560 


$2,323,853 


$4,926,413 


Office of Consumer Affairs and Business 








Regulation 


$1,435,180 


$500,000 


$1,935,180 


Division of Banks 


$21,637,822 


$2,650,000 


$24,287,822 


Division of Insurance 


$77,427,484 


$0 


$77,427,484 


Division of Professional Licensure 


$15,477,088 


$0 


$15,477,088 


Division of Standards 


$1,634,580 


$428,751 


$2,063,331 


Department of Telecommunications and 








Cable 


$4,978,385 


$0 


$4,978,385 


TOTALS : 


$125,193,099 


$5,902,604 


$131,095,703 


Executive Office of Labor & Workforce 


Development 






Department of Workforce Development 


$314,005 


$0 


$314,005 


Department of Labor 


$2,273,912 


$452,850 


$2,726,762 


Division of Industrial Accidents 


$24,055,200 


$0 


$24,055,200 


Division of Labor Relations 


$105,967 


$100,000 


$205,967 


TOTALS : 


$26,749,084 


$552,850 


$27,301,934 


Executive Office of Education 








Department of Early Education and Care 


$198,499,199 


$0 


$198,499,199 


Department of Elementary and Secondary 








Education 


$7,786,500 


$0 


$7,786,500 


University of Massachusetts 


$46,662,309 


$0 


$46,662,309 


Bridgewater State College 


$3,043,997 


$0 


$3,043,997 


Fitchburg State College 


$3,171,228 


$0 


$3,171,228 


Framingham State College 


$2,478,160 


$0 


$2,478,160 


Massachusetts College of Liberal Arts 


$371,415 


$0 


$371,415 


Salem State College 


$3,511,560 


$0 


$3,511,560 


Westfield State College 


$2,749,770 


$0 


$2,749,770 


Worcester State College 


$2,793,692 


$0 


$2,793,692 


Massachusetts Maritime Academy 


$318 


$0 


$318 


Berkshire Community College 


$289,833 


$0 


$289,833 


Bristol Community College 


$715,010 


$0 


$715,010 



321 



Chap. 131 



Revenue Source 

Cape Cod Community College 
Greenfield Community College 
Holyoke Community College 
Mass Bay Community College 
Massasoit Community College 
Mount Wachusett Community College 
Northern Essex Community College 
North Shore Community College 
Quinsigamond Community College 
Springfield Technical Community College 
Roxbury Community College 
Middlesex Community College 
Bunker Hill Community College 
TOTALS : 

Executive Office of Public Safety and Security 

Office of the Chief Medical Examiner 
Criminal History Systems Board 
Department of State Police 
Department of Public Safety 
Department of Fire Services 
Merit Rating Board 
Military Division 

Municipal Police Training Committee 
Emergency Management Agency 
Department of Corrections 
Parole Board 
TOTALS : 

Sheriffs 

Sheriffs Department Hampden 
Sheriffs Department Worcester 
Sheriffs Department Middlesex 
Sheriffs Department Franklin 
Sheriffs Department Hampshire 
Sheriffs Department Essex 
Sheriffs Department Berkshire 
Sheriffs Department Association 
Sheriffs Department Barnstable 
Sheriffs Department Bristol 
Sheriffs Department Dukes 
Sheriffs Department Nantucket 
Sheriffs Department Norfolk 
Sheriffs Department Plymouth 
Sheriffs Department Suffolk 
TOTALS: 
Total Non-Tax Revenue : 



Unrestricted 


Restricted 


Total 


$594,030 


$0 


$594,030 


$347,661 


$0 


$347,661 


$999,417 


$0 


$999,417 


$1,168,852 


$0 


$1,168,852 


$979,538 


$0 


$979,538 


$421,978 


$0 


$421,978 


$782,537 


$0 


$782,537 


$889,664 


$0 


$889,664 


$520,316 


$0 


$520,316 


$1,041,234 


$0 


$1,041,234 


$243,750 


$529,843 


$773,593 


$594,522 


$0 


$594,522 


$1,467,443 


$0 


$1,467,443 


$282,123,933 


$529,843 


$282,653,776 


y 

$1,610,000 


$2,100,000 


$3,710,000 


$9,581,200 


$0 


$9,581,200 


$625,317 


$32,016,200 


$32,641,517 


$19,713,517 


$5,590,182 


$25,303,699 


$22,357,300 


$25,000 


$22,382,300 


$15,000 


$0 


$15,000 


$2,500 


$1,400,000 


$1,402,500 


$2,000 


$450,000 


$452,000 


$710,021 


$0 


$710,021 


$12,243,447 


$5,600,000 


$17,843,447 


$440,000 


$600,000 


$1,040,000 


$67,300,302 


$47,781,382 


$115,081,684 


$789,000 


$3,505,423 


$4,294,423 


$109,500 


$0 


$109,500 


$219,000 


$950,000 


$1,169,000 


$64,860 


$2,100,000 


$2,164,860 


$34,200 


$250,000 


$284,200 


$643,600 


$2,000,000 


$2,643,600 


$50,000 


$1,300,000 


$1,350,000 




$344,790 


$344,790 


$0 


$250,000 


$250,000 


$1,500,000 


$6,500,000 


$8,000,000 


$0 


$0 


$0 


$0 


$0 


$0 


$0 


$2,500,000 


$2,500,000 


$0 


$16,000,000 


$16,000,000 


$0 


$8,000,000 


$8,000,000 


$3,410,160 


$43,700,213 


$47,110,373 


$12,480,772,957 


$1,314,760,025 


$13,795,532,98: 



322 



Chap. 131 

SECTION 2. 

JUDICIARY. 

Supreme Judicial Court. 

0320-0003 For the operation of the supreme judicial court, including salaries of the chief 

justice and the 6 associate justices $7,852,391 

General Fund 96.645% 

FMAP Budget Relief Fund 3.355% 

0320-0010 For the operation of the clerk's office of the supreme judicial 

court for Suffolk county $1,174,133 

General Fund 97.735% 

FMAP Budget Relief Fund 2.265% 

0321-0001 For the operation of the commission on judicial conduct $512,657 

0321-0100 For the services of the board of bar examiners $1,075,000 

General Fund 98.738% 

FMAP Budget Relief Fund 1.262% 

Committee for Public Counsel Services. 

032 1 - 1 500 For the operation of the committee for public counsel services, as 
authorized by chapter 21 ID of the General Laws; provided, 
that the committee shall submit a report to the clerks of the 
house of representatives and senate and the house and senate 
committees on ways and means, not later than January 31, 
201 1, that shall include, but not be limited to, the following: 
(a) the number of clients assisted by the committee in the 
prior fiscal year; (b) any proposed expansion of legal services 
delineated by type of service, target population and cost; (c) 
the total number of persons who received legal services by the 
committee, by type of case and geographic location; (d) the 
costs for services rendered per client, by type of case and 
geographic location; (e) the amount paid, if any, to the 
committee by clients for services rendered, by type of case 
and geographic location; (f) the average cost for services 
rendered by the committee by type of case; and (g) the 
average number of hours spent per attorney or staff per type 
of case; provided further, that the committee shall submit a 
report to the house and senate committees on ways and means 
not later than January 3 1 , 201 1 , on the progress of the public 
defender division; provided further, that said report shall in- 



323 



Chap. 131 

elude the following: (a) the number of offices that are in 
operation; (b) the number of staff hired to work in the district 
offices; and (c) the estimated savings the commonwealth has 
realized from having cases assigned to public defenders as 
opposed to being assigned to private bar advocates; and 
provided further, that upon receipt of a written certification by 
the secretary of administration and finance, addressed to the 
chairs of the house and senate committees on ways and means 
and the comptroller of the commonwealth, that legislation 
extending the commonwealth's eligibility for an enhanced 
federal medical assistance percentage pursuant to the 
American Recovery and Reinvestment Act of 2009, Public 
Law 111-5, not in effect as of June 1, 2010, has been duly 
enacted and signed into law by the President of the United 
States or that the federal government has otherwise obligated 
itself to release additional funding not available as of June 1, 
2010, to the commonwealth during state fiscal year 201 1,20 
district court attorneys shall be hired as authorized by section 
5 of chapter 54 of the acts of 2005, and the committee for 
public counsel services shall hire: 7 superior court attorneys; 
1 delinquency attorney and 1 additional auditor to the audit 
and oversight unit, and 7 new juvenile defender offices shall 
be opened in the following areas: Springfield/Holy oke, New 
Bedford/Fall River, Lowell/Lawrence, Brockton, Quincy, 
Cambridge/Somerville and Salem/Lynn, and the committee 
shall establish a murder trial and appeals unit and establish a 
mental health civil commitment unit, and an additional child 
and family law trial office shall be opened in the New 
Bedford/Fall River area and a child and family law appeals 
office shall be opened in the metropolitan Boston area, and 1 
additional attorney shall be hired in both the Worcester and 

Pittsfield child and family law offices $33,855,081 

General Fund 95.274% 

FMAP Budget Relief Fund 4.726% 

0321-1510 For compensation paid to private counsel assigned to criminal 
and civil cases under paragraph (b) of section 6 of chapter 
21 ID of the General Laws, pursuant to section 11 of said 
chapter 2 1 1 D; provided, that not more than $2,000,000 of the 
sum appropriated in this item may be expended for services 
rendered before fiscal year 201 1 $1 17,506,173 



324 



Chap. 131 

0321-1518 For the chief counsel for the committee for public counsel 
services which may expend an amount not to exceed 
$750,000 from revenues collected from fees charged for 
attorney representation of indigent clients $750,000 

032 1 - 1 520 For fees and costs as defined in section 27A of chapter 26 1 of the 
General Laws, as ordered by a justice of the appeals court or 
a justice of a department of the trial court of the 
commonwealth on behalf of indigent persons, as defined in 
said section 27 A of said chapter 261 ; provided, that not more 
than $1,000,000 of the sum appropriated in this item may be 

expended for services rendered before fiscal year 201 1 $13,564,300 

General Fund 91.890% 

FMAP Budget Relief Fund 8.110% 

Massachusetts Legal Assistance Corporation. 

0321-1600 For the Massachusetts Legal Assistance Corporation to provide 
legal representation for indigent or otherwise disadvantaged 
residents of the commonwealth; provided, that the corporation 
shall submit a report to the house and senate committees on 
ways and means not later than January 28, 2011 that shall 
include, but not be limited to, the following: (a) the number 
of persons whom the programs funded by the corporation 
assisted in the prior fiscal year; (b) any proposed expansion of 
legal services delineated by type of service, target population 
and cost; and (c) the total number of indigent or otherwise 
disadvantaged residents of the commonwealth who received 
services of the corporation, by type of case and geographic 
location; provided further, that the corporation may contract 
with any organization for the purpose of providing the 
representation; and provided further, that notwithstanding the 
first paragraph of section 9 of chapter 221 A of the General 
Laws, funds shall be expended for the Disability Benefits 
Project, the Medicare Advocacy Project, and the Battered 
Women's Legal Assistance Project $9,500,000 

Mental Health Legal Advisors. 

0321-2000 For the operation of the mental health legal advisors committee 
and for certain programs for the indigent mentally ill, 
established pursuant to section 34E of chapter 221 of the 
General Laws $707,599 



325 



Chap. 131 

Prisoners ' Legal Services. 

0321-2100 For Prisoners' Legal Services, formerly known as the 

Massachusetts correctional legal services committee $902,016 

Social Law Library. 

0321-2205 For the expenses of the social law library located in Suffolk 

county $1,000,000 

Appeals Court. 

0322-01 00 For the appeals court, including the salaries, traveling allowances 
and expenses of the chief justice, recall judges and the associ- 
ate justices $10,730,031 

General Fund 97.930% 

FMAP Budget Relief Fund 2.070% 

Trial Court. 

0330-0101 For the salaries of the justices of the 7 departments of the trial 
court; provided, that the chief justice for administration and 
management shall provide written notification to the house 
and senate committees on ways and means of any transfer of 
funds from this item to any other item of appropriation within 

30 days of the transfer $49,836,452 

General Fund 98.576% 

FMAP Budget Relief Fund 1.424% 

0330-0300 For the central administration of the trial court, including costs 
associated with trial court non-employee services, trial court 
dental and vision health plan agreements, jury expenses, trial 
court law libraries, statewide telecommunications, private and 
municipal court rentals and leases, operation of courthouse 
facilities, rental of county court facilities, witness fees, 
printing expenses, equipment maintenance and repairs, the 
court interpreter program, insurance and chargeback costs, 
the Massachusetts sentencing commission, permanency 
mediation services, alternative dispute resolution, court 
security and judicial training; provided, that the chief justice 
for administration and management shall submit a report to 
the house and senate committees on ways and means not later 
than February 1 , 201 1 , detailing the number of court officers, 
per diem court officers and security personnel located in each 



326 



Chap. 131 

trial court of the commonwealth; provided further, that the 
chief justice for administration and management may expend 
funds for guardian ad litem services; provided further, that 
notwithstanding any general or special law to the contrary, the 
chief justice for administration and management shall submit 
a report to the joint committee on the judiciary and the house 
and senate committees on ways and means 90 days prior to 
the temporary closure or temporary relocation of courthouses; 
provided further, that said report shall include, but not be 
limited to, the transfer of personnel, the reallocation of 
resources, the impact on other courthouses resulting from the 
temporary closure of said court and other factors that may 
affect implementation of said temporary closure; provided 
further, that 50 per cent of all fees payable pursuant to 
Massachusetts Rules of Criminal Procedure 15(d) and 
30(c)(8) shall be paid from this item; provided further, that 
notwithstanding section 9 A of chapter 30 of the General 
Laws, or any other general or special law to the contrary, the 
rights afforded to a veteran, pursuant to said section 9A of 
said chapter 30, shall also be afforded to any such veteran 
who holds a trial court office or position in the service of the 
commonwealth not classified under chapter 3 1 of the General 
Laws, other than an elective office, an appointive office for a 
fixed term or an office or position under section 7 of chapter 
30, and who: (1) has held the office or position for not less 
than 1 year; and (2) has 30 years of total creditable service to 
the commonwealth, as defined in chapter 32 of the General 
Laws; provided further, that the trial court shall submit a 
report to the victim and witness assistance board detailing the 
amount of assessments imposed within each court by a justice 
or clerk-magistrate during the previous calendar year pursuant 
to section 8 of chapter 25 8B of the General Laws; provided 
further, that the report shall include, but not be limited to, the 
number of cases in which the assessment was reduced or 
waived by a judge or clerk-magistrate within the courts; and 
provided further, that the report shall be submitted to the 
victim and witness assistance board on or before January 10, 

2011 $188,247,375 

0330-3333 For the chief justice for administration and management who 
may expend for the operation of the trial court an amount not 



327 



Chap. 131 

to exceed $27,000,000 from fees charged and collected 
pursuant to section 3 of chapter 90C of the General Laws, 
section 22 of chapter 218 of the General Laws and sections 2, 
4A, 4B, 4C, 39 and 40 of chapter 262 of the General Laws; 
provided, that a schedule detailing the full allotment of said 
$27,000,000 shall be submitted to the house and senate 
committees on ways and means not later than January 3 1 , 
201 1 ; provided further, that the first $53,000,000 of revenue 
received from the fees shall be deposited in the General Fund 
and not retained; and provided further, that notwithstanding 
any general or special law to the contrary, for the purpose of 
accommodating timing discrepancies between the receipt of 
revenues and related expenditures, the chief justice may incur 
expenses and the comptroller shall certify for payments 
amounts not to exceed the lower of 1/2 of this authorization 
or the most recent revenue estimate, as reported in the state 
accounting system $27,000,000 

0330-3334 For the chief justice for administration and management who 
may expend for the operation of the department an amount 
not to exceed $26,000,000 from fees charged and collected 
under section 87A of chapter 276 of the General Laws; 
provided, that any expenditures or allocations shall be made 
in accordance with schedules submitted to the house and 
senate committees on ways and means not later than 30 days 
before the expenditures or allocations are made; and provided 
further, that a schedule detailing the full allotment of said 
$26,000,000 shall be submitted to the house and senate 
committees on ways and means not later than January 3 1 , 
2011 $26,000,000 

0330-3337 For additional expenses associated with the operation of the trial 
court; provided, that a schedule detailing all transfers shall be 
submitted to the house and senate committees on ways and 
means not later than January 31, 201 1 $9,300,000 

Superior Court Department. 

033 1-0100 For the operation of the superior court department; provided, that 
funds shall be expended for the medical malpractice tribunals 
in accordance with section 60B of chapter 23 1 of the General 
Laws; and provided further, that the clerk of the court shall 
have responsibility for the internal administration of his of- 
fice, including personnel, staff services and record keeping . . $20,845,577 



328 



Chap. 131 

General Fund 95.861% 

FMAP Budget Relief Fund 4.139% 

District Court Department. 

0332-0100 For the operation of the district court department, including a 
civil conciliation program; provided, that notwithstanding the 
provisions of any general or special law to the contrary, the 
district court of Chelsea shall be the permanent location for 
the northern trial session to handle 6 person jury cases; 
provided further, that all personnel within said district court 
whose duties relate to said northern trial session shall report 
to the clerk magistrate of said district court; and provided 
further, that the clerk magistrate shall utilize whatever space 
within the facility-at-large he deems necessary to comply with 

S.J.C. Rule 3:12, Canon 3(A)6 $34,570,850 

General Fund 95.127% 

FMAP Budget Relief Fund 4.873% 

Probate and Family Court Department. 

0333-0002 For the operation of the probate and family court department . . . $17,818,433 

General Fund 95.755% 

FMAP Budget Relief Fund 4.245% 

Land Court Department. 

0334-0001 For the operation of the land court department $2,127,067 

General Fund 96.135% 

FMAP Budget Relief Fund 3.865% 

Boston Municipal Court Department. 

0335-0001 For the operation of the Boston municipal court department $6,490,437 

General Fund 94.393% 

FMAP Budget Relief Fund 5.607% 

Housing Court Department. 

0336-0002 For the operation of the housing court department $3,785,326 

General Fund 95.041% 

FMAP Budget Relief Fund 4.959% 

Juvenile Court Department. 

0337-0002 For the operation of the juvenile court department; provided, that 



329 



Chap. 131 

upon receipt of a written certification by the secretary of 
administration and finance, addressed to the chairs of the 
house and senate committees on ways and means and the 
comptroller of the commonwealth, that legislation extending 
the commonwealth's eligibility for an enhanced federal 
medical assistance percentage pursuant to the American 
Recovery and Reinvestment Act of 2009, Public Law 111-5, 
not in effect as of June 1, 2010, has been duly enacted and 
signed into law by the President of the United States or that 
the federal government has otherwise obligated itself to 
release additional funding not available as of June 1, 2010, to 
the commonwealth during state fiscal year 201 l,the depart- 
ment shall not reduce the amount allocated to the CASA 
programs as appearing in items 0337-0300, 0337-0400, 0337- 
0500, 0337-0600, 0337-0700, 0337-0800, 0337-0900 of 

section 2 of chapter 182 of the acts of 2008 $10,548,516 

General Fund 85.925% 

FMAP Budget Relief Fund 14.075% 

Office of the Commissioner of Probation. 

0339-1001 For the office of the commissioner of probation; provided, that 
notwithstanding any general or special law or rule or 
regulation to the contrary, the commissioner, subject to 
appropriation, shall have exclusive authority to appoint, 
dismiss, assign and discipline probation officers, associate 
probation officers, probation officers-in-charge, assistant 
chief probation officers and chief probation officers; provided 
further, that associate probation officers shall only perform in- 
court functions and shall assume the in-court duties of the 
currently employed probation officers who shall be reassigned 
within the probation service, subject to collective bargaining 
agreements, to perform intensive, community-based super- 
vision of probationers, including the intensive supervision and 
community restraint services described in item 0339-1003; 
provided further, that funds from this item shall be expended 
for the costs associated with full implementation of chapter 
303 of the acts of 2006 and chapter 41 8 of the acts of 2006 to 
ensure effective supervision of probationers who are 
monitored through global positioning system bracelets; pro- 
vided further, that no funds shall be expended from this item 



330 



Chap. 131 

to cover the costs of building leases; provided further, that 
notwithstanding any general or special law, rule or regulation 
to the contrary, probation officer personnel and probation 
clerical support staff assigned to the courts shall be provided 
with suitable office space in their current location in and 
around the various divisions and departments of the trial 
court, as the case may be, or in suitable office space as 
appropriate, with the advice and consent of the commissioner; 
provided further, that the office shall enter into an interagency 
service agreement with the department of revenue to verity 
income data and to use the department's wage reporting and 
bank match system for the purpose of weekly tape-matching 
to determine an individual's eligibility for appointment of 
indigent counsel, as defined in chapter 21 ID of the General 
Laws; provided further, that the office shall submit quarterly 
reports to the joint committee on the judiciary and the house 
and senate committees on ways and means detailing the 
progress of eligibility verification with the department; 
provided further, that the report shall include, but not be 
limited to: (a) the number of individuals determined to be 
indigent, (b) the number of individuals determined not to be 
indigent; (c) the number of individuals to be found 
misrepresenting assets; (d) the number of individuals found 
to no longer qualify for appointment of counsel upon any re- 
assessment of indigency, as defined in section 2 54 of said 
chapter 2 1 1 D; (e) the revenue generated through collection of 
indigent client fees; (f) the average indigent client fee that 
each court division collects per case since the effective date 
of this act; (g) the number of indigency client fees collected 
and the number waived on a monthly basis by court division 
and individual court; (h) recommendations on improvements 
in verifying eligibility for counsel; and (i) other pertinent 
information to ascertain the effectiveness of verification; and 
provided further, that the information within such report shall 

be delineated by court division $121,638,285 

General Fund 98.166% 

FMAP Budget Relief Fund 1.834% 

0339-1003 For the operation of the office of community corrections, 
including the costs of personnel; provided, that funds shall be 
expended for the costs of intensive supervision and communi- 
ty corrections programs; provided further, that the programs 



331 



Chap. 131 



shall include, but not be limited to, tracking, community 
service, educational assistance, drug and alcohol testing and 
treatment, curfew enforcement, home confinement, day 
reporting, means-tested fines, restitution and community 
incapacitation or restraint; provided further, that the number 
of placements in the programs shall not exceed a daily 
average goal of 5,000 intensively-supervised probationers; 
provided further, that funds from this item shall be expended 
to cover the costs of the programs that are undertaken and 
administered by court probation offices and county sheriffs' 
offices; provided further, that funds shall be expended to such 
programs in each county in fiscal year 2011; provided further, 
that the executive director of the office of community 
corrections shall enter into interagency service agreements 
and memoranda of understanding with the probation offices 
and sheriffs' offices for the provision of such programs, 
including the contracting for detention space for probationers 
arrested for violating probation and awaiting court action and 
detention space for probationers who have been ordered by 
the trial court to be supervised at a higher level of restraint; 
provided further, that such agreements and memoranda shall 
be entered into at the direction of the executive director; 
provided further, that the executive director shall submit a 
spending and management plan for the programs to the house 
and senate committees on ways and means not later than 
January 31,2011; provided further, that the plan shall include 
the projected number of probationers to be served by each 
program and a description of the oversight and services 
provided to the probationers; and provided further, that upon 
receipt of a written certification by the secretary of 
administration and finance, addressed to the chairs of the 
house and senate committees on ways and means and the 
comptroller of the commonwealth, that legislation extending 
the commonwealth's eligibility for an enhanced federal 
medical assistance percentage pursuant to the American 
Recovery and Reinvestment Act of 2009, Public Law 111-5, 
not in effect as of June 1, 2010, has been duly enacted and 
signed into law by the President of the United States or that 
the federal government has otherwise obligated itself to 
release additional funding not available as of June 1 , 201 0, to 
the commonwealth during state fiscal year 201 1, funds shall 



332 



Chap. 131 

be expended to operate the community corrections facilities 
that ceased operations on November 1 , 2009, at their existing 

locations for the full fiscal year $24,005,668 

General Fund 89.604% 

FMAP Budget Relief Fund 10.396% 

0339-1007 For the provision of substance abuse testing services; provided, 
that the commissioner of the office of probation shall transfer 
funds from this item to 0339-1001, as necessary, pursuant to 
an allocation plan, which shall detail, by object class, the 
distribution of said funds to be transferred and which the 
commissioner shall file with the house and senate committees 

on ways and means 15 days before any such transfer $500,000 

Substance Abuse Prevention and Treatment 

Fund 100.000% 

0339-1009 For the provision of substance abuse testing services; provided, 
that the executive director of the office of community 
corrections shall transfer funds from this item to 0339-1003, 
as necessary, pursuant to an allocation plan, which shall 
detail, by object class, the distribution of said funds to be 
transferred and which the commissioner shall file with the 
house and senate committees on ways and means 15 days 

before any such transfer $1,094,825 

Substance Abuse Prevention and Treatment 

Fund 100.000% 

0339-2100 For the office of the jury commissioner in accordance with 

chapter 234A of the General Laws $2,398,691 

Suffolk District Attorney. 

0340-01 00 For the Suffolk district attorney 's office, including the victim and 
witness assistance program, the child abuse and sexual assault 
prosecution program, the domestic violence unit and the 
children's advocacy center; provided, that the office shall 
submit a report to the executive director of the Massachusetts 
District Attorneys Association not later than January 31, 
201 1, summarizing the number and types of criminal cases 
managed or prosecuted by the office in calendar year 2010 
and the disposition or status thereof, which shall be delineated 
by each jurisdiction of the district, juvenile, probate, superior, 
appeals and supreme judicial court in which the cases were 
managed or prosecuted; provided further, that for each juris- 



333 



Chap. 131 

diction of said courts, the report shall include, but not be 
limited to, the following: (a) the type of criminal case; (b) the 
total number of defendants charged under the type of case; 
and (c) summary of dispositions or statuses thereof; provided 
further, that 50 per cent of fees payable pursuant to 
Massachusetts Rules of Criminal Procedure 1 5 (d) and 30 
(c)(8) for appeals taken by the office shall be paid from this 
item; provided further, that the office shall submit a report to 
the executive director of the Massachusetts District Attorneys 
Association not later than January 31, 2011, detailing the 
office's use of drug forfeiture funds collected pursuant to 
chapter 94C of the General Laws; provided further, that the 
report shall include, but not be limited to, the following: (a) 
the amount of the funds deposited into the office's special law 
enforcement trust fund in fiscal years 2008, 2009 and 2010; 
(b) a description of how the funds were used in those fiscal 
years; and (c) the balance of the trust fund as of January 1 , 
201 1 ; provided further, that no assistant district attorney shall 
be paid an annual salary of less than $37,500; provided 
further, that funds may be expended for youth violence 
prevention initiatives; and provided further, that at least 30 
days before transferring any funds authorized in this item 
from the AA object class, the district attorney shall notify the 
house and senate committees on ways and means of its 

intention to make that transfer $15,288,357 

General Fund 99.007% 

FMAP Budget Relief Fund 0.993% 

0340-0101 For the overtime costs of state police officers assigned to the 

Suffolk district attorney's office $337,431 

Middlesex District Attorney. 

0340-0200 For the Middlesex district attorney's office, including the victim 
and witness assistance program, the child abuse and sexual 
assault prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 3 1 , 201 1 , summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 



334 



Chap. 131 

in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1 , 201 1 ; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $13,038,535 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0201 For the overtime costs of state police officers assigned to the 

Middlesex district attorney's office $491,890 

Eastern District Attorney. 

0340-0300 For the Eastern district attorney's office, including the victim and 
witness assistance program, the child abuse and sexual assault 
prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
no later than January 3 1 , 201 1 , summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 



335 



Chap. 131 

in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association no later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1 ; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $8,01 1,056 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0301 For the overtime costs of state police officers assigned to the 

Eastern district attorney's office $480,334 

Worcester District Attorney. 

0340-0400 For the Worcester district attorney's office, including the victim 
and witness assistance program, the child abuse and sexual 
assault prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 3 1 , 201 1 , summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 



336 



Chap. 131 

juvenile, probate, superior, appeals, and supreme judicial 
court in which the cases were managed or prosecuted; 
provided further, that for each jurisdiction of said courts, the 
report shall include, but not be limited to, the following: (a) 
the type of criminal case; (b) the total number of defendants 
charged under the type of case; and (c) summary of 
dispositions or statuses thereof; provided further, that 50 per 
cent of fees payable pursuant to Massachusetts Rules of 
Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by 
the office shall be paid from this item; provided further, that 
the office shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1 ; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $8,466,451 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0401 For the overtime costs of state police officers assigned to the 

Worcester district attorney's office $393,809 

0340-0410 For the analysis of narcotic drug synthetic substitutes, poisons, 
drugs, medicines and chemicals at the University of 
Massachusetts Medical School in order to support the law 
enforcement efforts of the district attorneys, the state police 
and municipal police departments $400,000 

0340-0420 For the costs associated with moving the Worcester District 

Attorney's Office $267,000 

Hampden District Attorney. 

0340-0500 For the Hampden district attorney's office, including the victim 



337 



Chap. 131 

and witness assistance program, the child abuse and sexual 
assault prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 31,2011, summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 
in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1; and provided further, 
that no assistant district attorney shall be paid an annual salary 
of less than $37,500; and provided further, that at least 30 
days before transferring any funds authorized in this item 
from the AA object class, the district attorney shall notify the 
house and senate committees on ways and means of its 

intention to make that transfer $7,623,079 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0501 For the overtime costs of state police officers assigned to the 

Hampden district attorney's office $323,713 

Hampshire/Franklin District Attorney. 

0340-0600 For the Hampshire/Franklin district attorney's office, including 



338 



Chap. 131 

the victim and witness assistance program, the child abuse 
and sexual assault prosecution program and the domestic 
violence unit; provided, that the office shall submit a report to 
the executive director of the Massachusetts District Attorneys 
Association not later than January 31,2011, summarizing the 
number and types of criminal cases managed or prosecuted by 
the office in calendar year 2010 and the disposition or status 
thereof, which shall be delineated by each jurisdiction of the 
district, juvenile, probate, superior, appeals and supreme 
judicial court in which the cases were managed or prosecuted; 
provided further, that for each jurisdiction of said courts, the 
report shall include, but not be limited to, the following: (a) 
the type of criminal case; (b) the total number of defendants 
charged under the type of case; and (c) summary of 
dispositions or statuses thereof; provided further, that 50 per 
cent of fees payable pursuant to Massachusetts Rules of 
Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by 
the office shall be paid from this item; provided further, that 
the office shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 31, 201 1, detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in said fiscal years; and (c) the balance of 
the trust fund as of January 1 , 201 1 ; and provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $4,746,396 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0601 For the overtime costs of state police officers assigned to the 

Hampshire/Franklin district attorney's office $280,236 

Norfolk District Attorney. 

0340-0700 For the Norfolk district attorney's office, including the victim and 



339 



Chap. 131 

witness assistance program, the child abuse and sexual assault 
prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 31,2011, summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 
in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $7,810,091 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0701 For the overtime costs of state police officers assigned to the 

Norfolk district attorney's office $406,958 

Plymouth District Attorney. 

0340-0800 For the Plymouth district attorney's office, including the victim 



340 



Chap. 131 

and witness assistance program, the child abuse and sexual 
assault prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 31,2011, summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 
in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1, 201 1, detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1 ; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $6,774,559 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0801 For the overtime costs of state police officers assigned to the 

Plymouth district attorney's office $409,373 

Bristol District Attorney. 

0340-0900 For the Bristol district attorney's office, including the victim and 



341 



Chap. 131 

witness assistance program, the child abuse and sexual assault 
prosecution program and the domestic violence unit; 
provided, that the office shall submit a report to the executive 
director of the Massachusetts District Attorneys Association 
not later than January 31,2011, summarizing the number and 
types of criminal cases managed or prosecuted by the office 
in calendar year 2010 and the disposition or status thereof, 
which shall be delineated by each jurisdiction of the district, 
juvenile, probate, superior, appeals and supreme judicial court 
in which the cases were managed or prosecuted; provided 
further, that for each jurisdiction of said courts, the report 
shall include, but not be limited to, the following: (a) the type 
of criminal case; (b) the total number of defendants charged 
under the type of case; and (c) summary of dispositions or 
statuses thereof; provided further, that 50 per cent of fees 
payable pursuant to Massachusetts Rules of Criminal 
Procedure 1 5 (d) and 30 (c)(8) for appeals taken by the office 
shall be paid from this item; provided further, that the office 
shall submit a report to the executive director of the 
Massachusetts District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $7,048,574 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-0901 For the overtime costs of state police officers assigned to the 

Bristol district attorney's office $310,779 

0340-0902 For the costs associated with relocating to the new district court 

house in Fall River $75,000 

FMAP Budget Relief Fund 100.000% 



342 



Chap. 131 

Cape and Islands District Attorney. 

0340-1000 For the Cape and Islands district attorney's office, including the 
victim and witness assistance program, the child abuse and 
sexual assault prosecution program and the domestic violence 
unit; provided further, that the office shall submit a report to 
the executive director of the Massachusetts District Attorneys 
Association not later than January 31,2011, summarizing the 
number and types of criminal cases managed or prosecuted by 
the office in calendar year 2010 and the disposition or status 
thereof, which shall be delineated by each jurisdiction of the 
district, juvenile, probate, superior, appeals and supreme 
judicial court in which the cases were managed or prosecuted; 
provided further, that for each jurisdiction of said courts, the 
report shall include, but not be limited to, the following: (a) 
the type of criminal case; (b) the total number of defendants 
charged under the type of case; and (c) summary of 
dispositions or statuses thereof; provided further, that 50 per 
cent of fees payable pursuant to Massachusetts Rules of 
Criminal Procedure 15 (d) and 30 (c)(8) for appeals taken by 
the office shall be paid from this item; provided further, that 
the office shall submit a report to the executive director of the 
Massachusetts' District Attorneys Association not later than 
January 3 1 , 201 1 , detailing the office's use of drug forfeiture 
funds collected pursuant to chapter 94C of the General Laws; 
provided further, that the report shall include, but not be 
limited to, the following: (a) the amount of the funds 
deposited into the office's special law enforcement trust fund 
in fiscal years 2008, 2009 and 2010; (b) a description of how 
the funds were used in those fiscal years; and (c) the balance 
of the trust fund as of January 1, 201 1 ; provided further, that 
no assistant district attorney shall be paid an annual salary of 
less than $37,500; and provided further, that at least 30 days 
before transferring any funds authorized in this item from the 
AA object class, the district attorney shall notify the house 
and senate committees on ways and means of its intention to 

make that transfer $3,445,389 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 

0340-1001 For the overtime costs of state police officers assigned to the 

Cape and Islands district attorney's office $265,462 



343 



Chap. 131 

Berkshire District Attorney. 

0340-1 100 For the Berkshire district attorney's office, including the victim 
and witness assistance program, the child abuse and sexual 
assault prosecution program, the drug task force and the 
domestic violence unit; provided, that the office shall submit 
a report to the executive director of the Massachusetts District 
Attorneys Association not later than January 31, 2011, 
summarizing the number and types of criminal cases managed 
or prosecuted by the office in calendar year 2010 and the 
disposition or status thereof, which shall be delineated by 
each jurisdiction of the district, juvenile, probate, superior, 
appeals and supreme judicial court in which the cases were 
managed or prosecuted; provided further, that for each 
jurisdiction of said courts, the report shall include, but not be 
limited to, the following: (a) the type of criminal case; (b) the 
total number of defendants charged under the type of case; 
and (c) summary of dispositions or statuses thereof; provided 
further, that 50 per cent of fees payable pursuant to 
Massachusetts Rules of Criminal Procedure 15 (d) and 30 
(c)(8) for appeals taken by the office shall be paid from this 
item; provided further, that the office shall submit a report to 
the executive director of the Massachusetts District Attorneys 
Association not later than January 31, 2011, detailing the 
office's use of drug forfeiture funds collected pursuant to 
chapter 94C of the General Laws; provided further, that the 
report shall include, but not be limited to, the following: (a) 
the amount of the funds deposited into the office's special law 
enforcement trust fund in fiscal years 2008, 2009 and 2010; 
(b) a description of how the funds were used in those fiscal 
years; and (c) the balance of the trust fund as of January 1, 
20 1 1 ; provided further, that no assistant district attorney shall 
be paid an annual salary of less than $37,500; and provided 
further, that at least 30 days before transferring any funds 
authorized in this item from the AA object class, the district 
attorney shall notify the house and senate committees on ways 
and means of its intention to make that transfer; and provided 
further, that funds shall be expended for the operation and 

management of the Berkshire County Drug Task Force $3,354,920 

General Fund 99.000% 

FMAP Budget Relief Fund 1.000% 



344 



Chap. 131 

0340-1101 For the overtime costs of state police officers assigned to the 

Berkshire district attorney's office $204,882 

0340-1 102 For costs associated with moving the Berkshire District 

Attorney's office $65,740 

FMAP Budget Relief Fund 100.000% 

DISTRICT ATTORNEYS ASSOCIATION. 

0340-2100 For the operation of the Massachusetts District Attorneys 
Association, including the implementation and related 
expenses of the district attorneys' office automation and case 
management and tracking system; provided, that expenses 
associated with the system may be charged directly to this 
item; provided further, that the 11 district attorneys may 
contribute a portion of their fiscal year 201 1 appropriation to 
the Massachusetts District Attorneys Association in order to 
alleviate the cost of the case management and tracking system 
as well as the cost of data lines associated with the district 
attorneys' computer network; provided further, that the 
department shall work in conjunction with the disabled 
persons protection commission and the 1 1 district attorneys' 
offices to prepare a report that shall include, but not be 
limited to, the following: (a) the number of abuse cases that 
are referred to each district attorney office for further 
investigation; (b) the number of said referrals resulting in the 
filing of criminal charges, delineated by type of charge; (c) the 
number of cases referred to each district attorneys office that 
remain open as of the date for submission of said report; and 
(d) the number of cases resulting in a criminal prosecution, 
and the disposition of each such prosecution; provided 
further, that said report shall be submitted to the house and 
senate committees on ways and means on or before March 1 4, 
2011; provided further, that no expenditures shall be made, on 
or after the effective date of this act, which would cause the 
commonwealth's obligation for the purpose of this item to 
exceed the amount appropriated in this item; provided further, 
that the association shall work in conjunction with the 1 1 
district attorneys' offices to prepare and submit a report to the 
house and senate committees on ways and means not later 
than February 28, 201 1, summarizing the number and types 



345 



Chap. 131 

of criminal cases managed or prosecuted by all district 
attorneys' offices in calendar year 20 10 and the disposition or 
status thereof which shall be delineated by each jurisdiction 
of the district, juvenile, probate, superior, appeals and 
supreme judicial court in which the cases were managed or 
prosecuted; provided further, that for each jurisdiction of the 
courts, the report shall include, but not be limited to, the 
following: (a) the type of criminal case; (b) the total number 
of defendants charged under the type of case; and (c) 
summary of dispositions or statuses thereof; provided further, 
that the association shall work in conjunction with the 1 1 
district attorneys' offices to prepare and submit a report to the 
house and senate committees on ways and means not later 
than February 28, 201 1 , detailing all district attorney offices' 
use of drug forfeiture funds collected pursuant to chapter 94C 
of the General Laws; provided further, that the report shall 
include, but not be limited to, the following: (a) amount of the 
funds deposited into an office's special law enforcement trust 
fund in fiscal years 2008, 2009 and 2010; (b) how the funds 
were used in those fiscal years; and (c) balance of the trust 
fund as of January 1, 2011; and provided further, that the 
department shall work together with the 1 1 district attorneys' 
offices to submit a report to the house and senate committees 
on ways and means not later than January 3 1 , 201 1 , detailing 
the total number and use of private attorneys participating in 
any volunteer prosecutor program; and provided further, that 
the report shall include, but not be limited to, the following: 
(a) the total number of personnel from private law firms 
participating in the program at each of the 11 district 
attorneys' offices; (b) the name and address of the law firms; 
(c) the duties performed by the personnel; and (d) the benefits 

and cost savings associated with the program $1,580,958 

General Fund 68.976% 

FMAP Budget Relief Fund 31.024% 

0340-8908 For the costs associated with maintaining the Massachusetts 

District Attorneys Association's wide area network $1,254,371 

General Fund 96.928% 

FMAP Budget Relief Fund 3.072% 



346 



Chap. 131 

EXECUTIVE. 

041 1-1000 For the offices of the governor, the lieutenant governor and the 
governor's council; provided, that the amount appropriated in 
this item may be used at the discretion of the governor for the 
payment of extraordinary expenses not otherwise provided for 
and for transfer to appropriation accounts where the amounts 
otherwise available may be insufficient; provided further, that 
funds may be expended for the governor's commission on 
intellectual disability; provided further, that funds may be 
expended for the governor's development coordinating 
council; and provided further, that the advisory council on 
Alzheimer's disease and related disorders, as established in 
the office of the governor by section 379 of chapter 194 of the 
acts of 1998 and section 80 of chapter 236 of the acts of 2000, 

shall continue during fiscal year 201 1 $4,470,431 

General Fund 97.999% 

FMAP Budget Relief Fund 2.001% 

041 1-1005 For the operation of the office of the child advocate $243,564 

SECRETARY OF THE COM