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Form a Business

ABOLITION OF COUNTY GOVERNMENT

M.G.L. pt. Part I, tit. Title VI, ch. c. 34B
in effect

M.G.L. c. 34B, § 1 Transfer date for abolished counties

c. 34B, § 1. Transfer date for abolished counties Section 1. The government of each of the following counties, in this chapter called an ''abolished county'' is hereby abolished as of the following date, in this chapter called the ''transfer date'', or on such earlier date 30 days after the commissioner of revenue certifies in writing that the county has failed to make a required payment on an outstanding bond or note: (a) Middlesex county, as of July 11, 1997; (b) Hampden and Worcester counties, as of July 1, 1998; (c) Hampshire county, as of January 1, 1999; provided, however, that all functions, duties and responsibilities for the operation and management of the jail, house of correction and registry of deeds of Hampshire county and all duties and responsibilities for operation and management of property occupied primarily by the sheriff, registry of deeds and the trial courts in Hampshire county are hereby transferred to the commonwealth, effective September 1, 1998, subject to the provisions of this chapter; (d) Essex county as of July 1, 1999; and (e) Berkshire county on July 1, 2000, but all functions, duties and responsibilities for the operation and management of the registries of deeds of Suffolk and Berkshire counties and all duties and responsibilities for the operation and management of property occupied primarily by the registries of deeds in Berkshire and Suffolk counties are hereby transferred to the commonwealth, effective on July 1, 1999, subject to the provisions of this chapter.

M.G.L. c. 34B, § 2 Governments of abolished counties

c. 34B, § 2. Governments of abolished counties Section 2. Notwithstanding the provisions of any general or special law to the contrary, the government of each abolished county, except the office of county treasurer, is hereby abolished as of the transfer date for all purposes, including, but not limited to, the purposes established pursuant to chapters 34, 34A, 35 and 36 or as otherwise authorized by this chapter. The office of an abolished county's treasurer shall expire on December 31, 2002. Nothing in this chapter shall affect the existing county boundaries.

M.G.L. c. 34B, § 3 County commissioners; terms

c. 34B, § 3. County commissioners; terms Section 3. Notwithstanding the provisions of any general or special law to the contrary, the terms of an abolished county's commissioners shall expire upon the transfer date. There shall be no increase in the salaries of any abolished county's elected officials, prior to the transfer of the abolished county to the commonwealth. An abolished county's advisory board shall be eliminated upon the transfer date.

M.G.L. c. 34B, § 4 Abolished counties' functions, duties and responsibilities transferred to commonwealth; employees transferred under administrative office of trial court

c. 34B, § 4. Abolished counties' functions, duties and responsibilities transferred to commonwealth; employees transferred under administrative office of trial court Section 4. Notwithstanding the provisions of any general or special law to the contrary, all functions, duties and responsibilities of an abolished county pursuant to this chapter including, but not limited to, the operation and management of the county jail and house of correction, the registry of deeds and the courthouses are hereby transferred from said county to the commonwealth on the transfer date or, in the case of Hampshire county, September 1, 1998, or, in the case of the Suffolk and Berkshire counties' registries of deeds, on July 1, 1999, subject to the provisions of this chapter. All persons employed by the former Franklin county or by an abolished county, or by Hampshire county as of September 1, 1998, whose work functions primarily concern the operation and maintenance of said county's court facilities shall be transferred to the commonwealth under the administrative office of the trial court as of the effective date of the transfer, which in the case of Hampshire county shall be September 1, 1998, in the manner provided in section 21 of chapter 203 of the acts of 1988, and with no impairment of employment rights held immediately before transfer, without interruption of service, without loss of earned vacation and sick time, without reduction in compensation or salary grade, and without impairment of seniority, retirement or other rights of employees. Nothing in this section shall be construed to confer upon any employee any right not held immediately before the transfer. Said employees shall be reclassified as state employees for the fiscal year in which their transfer is effective, and shall be compensated from funds appropriated to the trial court.

M.G.L. c. 34B, § 5 Liabilities, debts and assets of abolished counties

c. 34B, § 5. Liabilities, debts and assets of abolished counties Section 5. All valid liabilities and debts of an abolished county which are in force immediately before the transfer date shall be obligations of the commonwealth as of the transfer date, except as may be otherwise provided in this chapter. All assets, including revenue received pursuant to chapter 64D and such other revenue said county receives as of immediately before the transfer date shall become assets and revenue of the commonwealth, except as otherwise provided in this chapter. All valid liabilities and debts of the Suffolk and Berkshire counties' registries of deeds which are in force immediately before July 1, 1999 shall be obligations of the commonwealth on July 1, 1999 except as may be otherwise provided in this chapter. All assets of said registries, including revenue received pursuant to paragraph (2) of section 12 of chapter 64D, and such other revenues received as of immediately before July 1, 1999, shall become assets and revenues of the commonwealth except as otherwise provided in this chapter. The registries of deeds in Berkshire county shall, until the transfer date of Berkshire county pursuant to section 1, forward to the county commissioners in Berkshire county the deeds revenues that are necessary for the continued operation of Berkshire county government as certified by the county government finance review board; provided, however, that the secretary of administration and finance shall first certify that the commonwealth shall collect and retain sufficient revenue during fiscal year 2000 to fully fund the operations of said registries of deeds.

M.G.L. c. 34B, § 6 Real and personal property of abolished counties

c. 34B, § 6. Real and personal property of abolished counties Section 6. (a) Notwithstanding the provisions of any general or special law to the contrary, all rights, title and interest in real and personal property owned or held by an abolished county immediately before the transfer date, or owned or held by the Suffolk and Berkshire counties' registries of deeds immediately before July 1, 1999, or, in Hampshire county, immediately before the date of transfer of certain Hampshire county functions and properties pursuant to section 1, including without limitation, all courthouses, registries of deeds, registries of probate, and all other county buildings, and the land on which they are situated and any parking facilities, fixtures and improvements located thereon or appurtenant thereto, shall be transferred to the commonwealth as of the transfer date, or on July 1, 1999 for the Suffolk and Berkshire counties' registries of deeds, except as otherwise provided in this chapter. Such transfer and all buildings, lands, parking facilities, fixtures and improvements shall be subject to the provisions of chapter 7 and the jurisdiction of the commissioner of capital asset management and maintenance as provided therein, except as otherwise provided in this chapter; and provided, however, that the buildings and land of the county courthouses so transferred shall be controlled by said commissioner on behalf of the commonwealth and shall be operated and maintained by the office of the court administrator of the trial court subject to the general superintendence of the supreme judicial court. (b) The transfer under this section shall be effective and shall bind all persons, with or without notice, without any further action or documentation. Without derogating from the foregoing, the commissioner of capital asset management and maintenance may, from time to time, execute and record and file for registration with any registry of deeds or the land court, a certificate confirming the commonwealth's ownership of any interest in real property formerly held by an abolished county pursuant to the provisions of this section. (c) The Hampshire council of governments is hereby authorized to retain the following property: the historic courthouse at 99 Main street in the city of Northampton, the Hampshire Care nursing facility on River Road in Leeds, and the land on which they are situated as currently platted, and the fixtures and improvements located thereon; provided, however, that the commonwealth shall assign no fewer than ten parking spaces in the Gothic Street Parking lot to the Hampshire council of governments, to be distributed at the discretion of the Hampshire council of governments; and provided, further, that in the event that said council has an aggregate equalized valuation as certified by the commissioner of revenue pursuant to section 10 of chapter 58, as of January 1, 1996, of less than 30 per cent of the total equalized valuation of municipalities in the county on such date, said property shall revert to the commonwealth. Said council shall, in consultation with the court administrator of the trial court and the commissioner of the division of asset management and maintenance, provide for the lease or rental of space in the historic courthouse now occupied by the law library for use and occupancy of the trial court law library for a period of 99 years at nominal cost, and shall allow the trial court to schedule use of the court room to the extent needed by said court up to two times the number of days used by the trial court in fiscal year 1998; and provided further that any lease agreement shall be subject to the approval of the commissioner of the division of asset management and maintenance. (d) All rights, title and interest in real property that were held by counties for county road purposes on the date that the county was abolished, in this chapter called county roads, are hereby transferred from the commonwealth as provided in this subsection. For any abolished county that has a successor council of governments, rights, title and interest are hereby transferred to the successor council of governments. For any abolished county that has no successor council of governments title is hereby transferred to the respective towns in which the interests lie. Rights, title and interest in the following properties shall not be transferred under this subsection:— (1) The fee interest in and to a parcel of land in the city known as the town of Agawam bounded on the east by the low water mark of the Connecticut river, on the south by land now or formerly of Kuzmierz, on the west by River road, and on the north by the extent of the holding of the abolished county, which is in the vicinity of land located across River road and now or formerly of Vanotti, all as shown on ''Profile Sheets'' numbers 13 to 16, inclusive, in a set of plans of the department of highways, titled ''Commonwealth of Massachusetts, Massachusetts Highway Department, Transportation Improvement Project Connecticut River Walk and Bikeway, in the Town of Agawam,'' project file number 601296, and stamped ''received'' by the Agawam planning board on October 26, 2000. (2) A right of way containing approximately 0.48 acres in the town of Concord, as authorized by chapter 294 of the acts of 1947, providing public access to White pond, a great pond, in the towns of Concord and Sudbury, a great pond, along Plainsfield road. (3) The fee interest in certain parcels of land in the city of Peabody and the towns of Middleton and Topsfield containing approximately 141 acres, taken or acquired for conservation purposes, of which approximately 34.02 acres located in the city of Peabody, approximately 97.99 acres located in the town of Middleton and approximately 9.17 acres located in the town of Topsfield, located along the Ipswich river and Norris Brook, as shown on maps of the assessor of the city of Peabody on Map 1, Lot 28 (6.4 acres); Map 1, Lot 29 (2.70 acres); Map 2, Lot 1 (9.370 acres); Map 5, Lot 1A (3.76 acres); Map 10, Lot 19 (0.35 acres); Map 10, Lot 20 (0.34 acres); Map 10, Lot 21 (0.35 acres); Map 10, Lot 22 (0.35 acres); Map 10, Lot 23 (0.35 acres); Map 10, Lot 24 (0.35 acres); Map 10, Lot 25 (0.35 acres); Map 10, Lot 26 (0.35 acres); Map 10, Lot 27 (0.35 acres); Map 10, Lot 28 (0.35 acres); Map 10, Lot 29 (0.35 acres); Map 10, Lot 30 (0.35 acres); Map 10, Lot 31 (0.69 acres); Map 10, Lot 32 (.58 acres); Map 10, Lot 33 (0.34 acres); Map 11, Lot 23 (0.35 acres); Map 16, Lot 55 (0.40 acres); Map 16, Lot 56 (0.38 acres); Map 16, Lot 57 (0.35 acres); Map 16, Lot 58 (0.35 acres); Map 16, Lot 59 (0.35 acres); Map 16, Lot 60 (0.35 acres); Map 16, Lot 61 (0.35 acres); Map 16, Lot 62 (0.35 acres); Map 16, Lot 63 (0.39 acres); Map 16, Lot 64 (0.42 acres), and on maps of the assessor of the town of Middleton on Map 8, Lot 14 (.9 acres); Map 13, Lot 36 (0.25 acres); Map 13, Lot 37 (12.9 acres); Map 13, Lot 40 (20.7 acres); Map 13, Lot 41 (11.7 acres); Map 13, Lot 44B (2.258 acres); Map 13, Lot 105 (5.53 acres); Map 13, Lot 112 (3.4 acres); Map 13, Lot 113 (2.68 acres); Map 19, Lot 23 (3.68 acres); Map 19, Lot 105 (1.22 acres); Map 26, Lot 13A (6.89 acres); Map 32, Lot 54 (10.02 acres); Map 32, Lot 55 (10.47 acres); Map 33, Lot 45 (5.4 acres), and on maps of the assessor of the town of Topsfield on Map 57, Lot 6 (8.33 acres) and Map 65, Lot 30 (0.843 acres). (4) A right of way containing approximately 3.38 acres in the city of Springfield, as authorized by chapter 341 of the acts of 1951, providing public access to Five Mile pond, a great pond, along Boston road. (5) A right of way containing approximately 0.45 acres in the city of Springfield, as authorized by chapter 343 of the acts of 1951, providing public access to Loon pond, a great pond, along Pasco road. (6) A right of way containing approximately 0.06 acres in the town of Brimfield, as authorized by chapter 258 of the acts of 1948, providing public access to Little Alum pond, a great pond, along Little Alum road. (7) A right of way containing approximately 0.014 acres in the town of Wilbraham, as authorized by chapter 253 of the acts of 1955, providing public access to Nine Mile pond, a great pond, along Pond road. (8) A right of way containing approximately 0.30 acres in the town of Belchertown, as authorized by chapter 339 of the acts of 1954, providing public access to Metacomet lake, a great pond, along Poole road. (9) A right of way containing approximately 1.87 acres in the town of Huntington, as authorized by chapter 254 of the acts of 1955, providing public access to Norwich lake, a great pond, along Pisgah road. (10) Any interest in and to 2 parcels of land in the town of Wayland, containing approximately 2.2 acres and 5.9 acres respectively, shown on assessors map number 17 of the town of Wayland as ''county commissioners'' and bounded by Old Sudbury road, the Sudbury river, and River road. (11) Any interest in land associated with a parking area along Farm road and a right of way, containing approximately 0.39 acres, in the town of Sherborn, as authorized by chapter 374 of the acts of 1946, providing parking and public access to Little pond, a great pond, along Farm road. (12) A right of way containing approximately 2.30 acres in the town of Hardwick, as authorized by chapter 371 of the acts of 1958, providing public access to Hardwick pond, a great pond, along Greenwich road. (13) A right of way containing approximately 0.36 acres in the city of Springfield, as authorized by chapter 342 of the acts of 1951, providing public access to Lake Lorraine, a great pond, along Lorimer street. (14) The fee interest in and to a parcel of land in the town of West Boylston containing approximately 41.56 acres, located along River road at or near Quinapoxet river and the Wachusett reservoir, as shown on the West Boylston assessors map 122–1, and as described in a deed recorded at the Worcester district registry of deeds in book 2146 at page 20. (15) The fee interest in and to a parcel of land in the town of West Boylston containing approximately 34 acres and an associated thirty-foot wide right of way running from Paul X. Tivnan drive to said parcel, shown as ''Parcel D'' and ''30' Right of Way'' on a plan titled ''Plan of Land in West Boylston, Massachusetts Owned By Commonwealth of Massachusetts,'' dated November 4, 1999, and prepared by R. W. Hart Associates of Northborough. (16) Any interest in real estate transferred by legislation enacted subsequent to the abolition of the county in which it is located and before January 1, 2007. (e) In cases where it is unclear whether or not an interest in real estate was held for county road purposes on the date that a county was abolished, a written determination executed by the commissioner of capital asset management and maintenance shall settle the matter. The determination may be recorded in the appropriate registry of deeds and shall be final and binding on all parties. (f) Records of county roads situated within the boundaries of any abolished county are hereby transferred to the registry of deeds for the respective county or, if the abolished county has a successor council of governments, to the successor council of governments.

M.G.L. c. 34B, § 7 Leases and contracts of abolished counties

c. 34B, § 7. Leases and contracts of abolished counties Section 7. All valid leases and contracts of an abolished county which are in force immediately before the transfer date shall be obligations of the commonwealth as of the transfer date and the commonwealth shall have authority to exercise all rights and enjoy all interests conferred upon the county by said leases and contracts except as may be otherwise provided in this chapter. All valid leases and contracts of the Suffolk and Berkshire counties' registries of deeds which are in force immediately before July 1, 1999 shall be obligations of the commonwealth as of July 1, 1999 and the commonwealth may exercise all rights and enjoy all interests conferred upon the county by such leases and contracts except as may be otherwise provided in this chapter.

M.G.L. c. 34B, § 8 Plan to recover amounts paid by commonwealth for liabilities and debts of abolished counties

c. 34B, § 8. Plan to recover amounts paid by commonwealth for liabilities and debts of abolished counties Section 8. (a) For the purpose of recovering amounts expended by the commonwealth for the liabilities and other debts assumed and paid by the commonwealth on behalf of an abolished county, the secretary of administration and finance shall establish a plan to recover said amounts pursuant to subsection (e). Said secretary shall determine said amounts by comparing the gross liabilities of an abolished county assumed by the commonwealth with the gross assets received by the commonwealth from said county and recovering the difference from the member municipalities of said counties. (b) Said liabilities shall include, but not be limited to: (1) reserves appropriated by the commonwealth for payment of costs and liabilities of an abolished county, (2) funds appropriated by the commonwealth in Berkshire county for the operation of the registries of deeds in fiscal year 2000, (3) the salary of a county treasurer paid by the commonwealth subsequent to the date of abolition, (4) the amount of bonded debt paid by the state treasurer subsequent to the date of abolition, (5) any amounts appropriated by the commonwealth for capital reserves or improvements for an independent agricultural and technical institute in fiscal year 2000; (6) the regional retirement system transfer deficit as defined in section 18, and (7) the present value of the accrued benefits of the transferred members less the transfer assets determined pursuant to section 18, which shall be known as the unfunded pension liability; provided, however, that when determining the present value of the accrued benefits, an actuary shall assume that each transferred employee will retire on the date that such employee is eligible to receive a retirement allowance calculated using the maximum percentage provided in subparagraph (a) of subdivision (2) of section 5 of chapter 32 and the service and final average salary at the date of transfer using assumptions of the retirement system in its most recent actuarial valuation. The sum of all such liabilities shall be the gross liabilities of the abolished county. (c) Said assets shall include, but not be limited to: (1) the amount of cash on hand and accounts receivable of an abolished county deemed collectable by said secretary which became assets of the commonwealth as of the date of abolition, (2) in Berkshire county, the revenue received by the Berkshire county registries of deeds in fiscal year 2000, (3) the value of real estate of the county transferred to the commonwealth pursuant to this chapter, net of amounts provided to a county by the commonwealth for construction, reconstruction or improvements of such real estate and payments by the commonwealth for debt service; provided that solely for the purpose of determining a value to include on the schedule of assets and liabilities required by this section any such real estate shall be valued at 75 per cent of the value assessed by the city or town in which it is located as of the transfer date, subject to adjustment if the commonwealth appraises such property at a greater value in fiscal year 2001; provided, further, that the county treasurer or, in the absence of such treasurer, the executive director of the regional retirement system shall collect and provide to said secretary local assessment information from each municipality in which the abolished county owned property as of the transfer date, within 60 days of such transfer date or February 1, 2000, whichever is later. The sum of all such assets shall be the gross assets of the abolished county. Nothing in this section shall be construed as creating any subsequent commonwealth financial obligation to cities and towns. (d) If the commonwealth conveys, during the term of the amortization schedule pursuant to paragraph (e), any property that was formerly owned by an abolished county and transferred to the commonwealth pursuant to section 6, the difference between the sale price and the value assigned under paragraph (c) shall be credited by the secretary against the net liabilities of the abolished county. (e) Said secretary shall establish an amortization schedule to recover any amounts so expended by the commonwealth which shall be filed with the clerks of the house of representatives and the senate not later than 120 days after the transfer date or April 1, 2000, whichever is later. If such amortization schedule is not prepared within such time, the assessments collected hereunder shall cease until such schedule is so prepared and filed. Unless the general court changes said plan or schedule by law, said secretary shall proceed with implementation of said plan and schedule beginning one year after the transfer date or July 1, 2000, whichever is later; provided, however, that nothing herein shall preclude said assessment from being collected during the year prior to said implementation. (f) Payment on said schedule shall be as described in this subsection. For the duration of said schedule, the state treasurer shall, pursuant to section 20 of chapter 59, assess upon each city and town within the former jurisdiction of an abolished county an amount equal to the county tax paid by each such city and town as assessed pursuant to the provisions of chapter 35 for the fiscal year beginning July 1 of the year immediately before the transfer date in Middlesex, Worcester and Hampden counties, and an amount up to the county tax paid by each such city and town as assessed pursuant the provisions of chapter 35 for the fiscal year beginning July 1 of the year immediately before the transfer date in Essex, Berkshire and Hampshire counties; provided, however, that in Essex County such assessment shall be based on the fiscal year beginning July 1 two years before the transfer date. The amount of the assessment shall be paid annually by each city or town to the treasurer of the commonwealth and shall remain in effect for the duration of said amortization schedule, which, in Hampshire, Essex and Berkshire counties, shall not be less than ten years, and which, in Middlesex, Worcester and Hampden county, shall not exceed 25 years. In the event an assessment due is not paid in accordance with this section, it shall be deducted from the cherry sheet, so-called. (g) Notwithstanding the provisions of any general or special law to the contrary, the comptroller of the commonwealth shall deposit the funds collected pursuant to this section without further appropriation as follows: amounts that are proportionally equal to the amount that the unfunded pension liability is to the gross liabilities of the abolished county shall be deposited into the commonwealth pension liability fund; amounts that are proportionally equal to the amount that the regional retirement transfer deficit as defined in section 15 is to the gross liabilities of the abolished county shall be deposited with the regional retirement system in the geographical area of the former county; and amounts that are proportionally equal to the amount that all other liabilities of the abolished county are to the gross liability of the abolished county shall be deposited into the local aid fund.

M.G.L. c. 34B, § 9 Treasurers of abolished counties

c. 34B, § 9. Treasurers of abolished counties Section 9. The treasurer of an abolished county shall cooperate with the secretary of administration and finance in effecting the orderly transfer of assets, liabilities, personnel, functions, duties and responsibilities from an abolished county or from the Suffolk and Berkshire registries of deeds to the commonwealth. For the duration of his term, said treasurer shall continue to occupy at no cost the office space occupied by the office of the county treasurer immediately before the transfer date.

M.G.L. c. 34B, § 10 Registries of deeds of abolished counties; employees, functions and proceedings transferred to commonwealth

c. 34B, § 10. Registries of deeds of abolished counties; employees, functions and proceedings transferred to commonwealth Section 10. (a)(1) Notwithstanding any general or special law to the contrary, an abolished county's registers of deeds holding office immediately before the transfer date shall become employees of the commonwealth under the supervision of the secretary of the commonwealth on the transfer date, and, in Hampshire county, on September 1, 1998, and in Suffolk and Berkshire counties, on July 1, 1999; provided, however, that said secretary shall have general superintendence over the Suffolk county register of deeds as of September 1, 1998. The registers shall remain elected officials retaining local administrative control under the general direction of said secretary. The operational procedures of the registries shall be uniform as prescribed by said secretary. Said secretary shall determine the budget of each registry, subject to appropriation. (2) Notwithstanding the provisions of any general or special law to the contrary, this section shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property and legal obligations of the registry of deeds functions of an abolished county's government to the commonwealth, as hereby defined as of the transfer date, and for the Berkshire and Suffolk county registries of deeds on July 1, 1999: (A) The functions of the registries of deeds, hereinafter called the transferor agencies, shall be transferred to the office of the secretary of state, which is hereinafter referred to as the transferee agency. (B) All employees of the transferor agencies, including those who immediately prior to the transfer date hold permanent appointment in positions classified under chapter 31 or have tenure in their positions by reason of section 9A of chapter 30 or do not hold such tenure, are hereby transferred to said transferee agency, without interruption of service within the meaning of said section 9A or said chapter 31, and without reduction in compensation or salary grade. Notwithstanding the provisions of any general or special law to the contrary, all such employees of the transferor agency shall continue to retain their right to collectively bargain pursuant to chapter 150E, and shall be considered employees for the purposes of said chapter 150E. Employees shall be transferred without change in union representation. (C) All petitions, requests, investigations and other proceedings approximately and duly brought before said transferor agencies, or duly begun by said transferor agencies and pending before said transferor agencies prior to the transfer date, shall continue unabated and remain in force, but shall be assumed and completed by said transferee agency. (D) All orders, rules and regulations duly made and all approvals duly granted by said transferor agencies which are in force immediately prior to the transfer date, shall continue in force and the provisions thereof shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law by said transferee agency. (E) All books, papers, records, documents, and equipment which immediately prior to the transfer date are in the custody of said transferor agencies shall be transferred to said transferee agency. (F) All duly existing contracts, leases and obligations of said transferor agencies, shall continue in effect and shall be assumed by said transferee agency. No existing right or remedy of any character shall be lost, or affected by the provisions of this chapter.

M.G.L. c. 34B, § 11 Rights of employees of registries of deeds

c. 34B, § 11. Rights of employees of registries of deeds Section 11. The rights of all employees of each registry of deeds of an abolished county and Hampshire county and the Suffolk and Berkshire county registries of deeds shall continue to be governed by the terms of collective bargaining agreements, as applicable, including employees transferred to the office of the state secretary.

M.G.L. c. 34B, § 12 Sheriffs of abolished counties

c. 34B, § 12. Sheriffs of abolished counties Section 12. Notwithstanding the provisions of any general or special law to the contrary, the sheriff of an abolished county, including Franklin county, in office immediately before the transfer date, and, in Hampshire county, on September 1, 1998 shall become an employee of the commonwealth with salary to be paid by the commonwealth. The sheriff shall remain an elected official under the provisions of section 159 of chapter 54. Said sheriff shall operate pursuant to the provisions of chapter 37. Such sheriff shall retain administrative and operational control over the office of the sheriff, the jail, and the house of correction as of the transfer date. Said administrative and operational control shall include, but not be limited to, the procurement of supplies, services and equipment.

M.G.L. c. 34B, § 13 Employees of sheriffs of abolished counties

c. 34B, § 13. Employees of sheriffs of abolished counties Section 13. An employee of a sheriff of an abolished county, or of Hampshire county after August 31, 1998 shall be an ''employee'' or ''public employee'' as defined in section 1 of chapter 150E and the sheriff of such county shall be an ''employer'' or ''public employer'' as defined in said section 1 of said chapter 150E. A collective bargaining agreement negotiated by each such sheriff shall be submitted to the governor in conformity with the provisions of subsection (c) of section 7 of said chapter 150E.

M.G.L. c. 34B, § 14 Sheriffs, deputies, jailers, superintendents, keepers, officers, and assistants and other employees of the sheriffs of abolished counties

c. 34B, § 14. Sheriffs, deputies, jailers, superintendents, keepers, officers, and assistants and other employees of the sheriffs of abolished counties Section 14. (a) Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the sheriff, all deputies, jailers, superintendents, keepers, officers, assistants and other employees of the sheriff of an abolished county, employed immediately before the transfer date, which, in the case of Hampshire county for purposes of this section, shall be September 1, 1998, in the discharge of their responsibilities set forth in section 24 of chapter 37 and section 16 of chapter 126, shall be transferred to the commonwealth with no impairment of employment rights held immediately before the transfer date without interruption of service, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation. 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. 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. (b) All demands, notices, citations, writs, precepts and all other notices given by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or other employees of a sheriff of an abolished county, as the case may be, on or before the transfer date shall be valid and effective for all purposes unless otherwise revoked, suspended, rescinded, canceled or terminated in accordance with law. (c) Any enforcement activity imposed by the sheriff or by any deputies, jailers, superintendents, keepers, officers, assistants or other employees of the sheriff of an abolished county, before the transfer date, shall be valid, effective and continuing in force according to the terms thereof for all purposes unless superseded, revised, rescinded or canceled in accordance with law. (d) All petitions, hearings appeals, suits and other proceedings duly brought against, and all petitions, hearings, appeals, suits, prosecutions and other legal proceedings begun by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants or the employees of the sheriff of an abolished county, as the case may be, which are pending before the transfer date shall continue unabated and remain in force notwithstanding the transfer pursuant to section 1. (e) All records maintained by the sheriff, deputies, jailers, superintendents, keepers, officers, assistants and other employees of the sheriff of an abolished county before the transfer date shall continue to enjoy the same status in any court or administrative proceeding, whether pending on said transfer date or commenced thereafter, as they would have enjoyed in the absence of such transfer.

M.G.L. c. 34B, § 15 Statutory rights of employees of abolished counties

c. 34B, § 15. Statutory rights of employees of abolished counties Section 15. All officers and employees of an abolished county or of Hampshire county or of the Suffolk and Berkshire counties' registries of deeds transferred to the service of the commonwealth or a regional retirement system shall be transferred without impairment of seniority, retirement or other statutory rights of employees, without reduction in compensation or salary grade and without change in union representation, except as otherwise provided in this chapter. Any collective bargaining agreement in effect for such transferred employees immediately before the transfer date shall continue as if the employees had not been so transferred, until the expiration date of such collective bargaining agreement. Nothing in this section shall be construed to confer upon any employee any right not held immediately prior to the date of said transfer, or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited prior to such date.

M.G.L. c. 34B, § 16 Group insurance coverage for employees

c. 34B, § 16. Group insurance coverage for employees Section 16. (a)(1) Notwithstanding the provisions of any general or special law to the contrary, employees of an abolished county or of the Suffolk and Berkshire counties' registries of deeds who become state employees under this chapter and who are eligible for group insurance coverage under chapter 32B or who are insured under chapter 32B, shall have their eligibility and coverage transferred to the jurisdiction of the group insurance commission effective four months after the transfer date which, in the case of Hampshire county, shall be September 1, 1998 and, in the case of Berkshire and Suffolk counties' registries of deeds, shall be July 1, 1999 for the purposes of this section, and such employees shall cease to be eligible or insured under chapter 32B. (2) The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under chapter 32A; provided, however, that county employees who were covered by a collective bargaining agreement on the date of said transfer to said jurisdiction shall continue to receive the group insurance benefits required by their respective collective bargaining agreements until the expiration date of such agreements. All questions relating to group insurance rights, obligations, costs and payments shall be determined by the group insurance commission and shall include the manner and method for the payment of all required premiums applicable to all such coverage. (b) Notwithstanding the provisions of any general or special law to the contrary, retired employees of an abolished county and the surviving spouses of active or retired county employees who are eligible for group insurance coverage as provided under chapter 32B or who are insured under chapter 32B shall have their eligibility and coverage transferred to the jurisdiction of the group insurance commission effective four months after the transfer date and such persons shall cease to be eligible or insured under chapter 32B. The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under chapter 32A. All questions relating to group insurance rights, obligations, costs and payments shall be determined by the group insurance commission, and shall include the manner and method for the payment of all required premiums applicable to all such coverage. (c) The human resources division of the executive office for administration and finance shall assume the obligations of an abolished county to employees who become state employees and who are covered under a health and welfare trust fund agreement established under section 15 of chapter 32B pursuant to a collective bargaining agreement until the expiration date of the collective bargaining agreement. (d) Any monies in an abolished county's employees' group insurance trust fund established pursuant to section 8A of said chapter 32B three months after the transfer date shall be transferred to the group insurance commission trust fund established pursuant to section 9 of said chapter 32A. As of December 1, 1998, a pro rata share of any monies in Hampshire county's employees' group insurance trust fund established pursuant to section 8A of said chapter 32, related to the employees transferred on July 1, 1998 pursuant to this chapter, shall be transferred to the group insurance commission trust fund established pursuant to section 9 of said chapter 32A. Any monies remaining in Hampshire county's employees' group insurance trust fund established pursuant to section 8A of said chapter 32B on March 1, 1999 shall be transferred to the Hampshire county group insurance trust fund. (e) Any monies in a claims trust fund established pursuant to section 3A of chapter 32B are hereby transferred to the group insurance commission as of the transfer date; provided, however, that any city, town or district that participates in the county's group insurance plans pursuant to section 11 of chapter 32B or jointly purchased insurance with an abolished county pursuant to section 12 of said chapter 32B, the pro rata share of the excess shall be returned to the participating city, town or district. The abolished county's treasurer shall provide the group insurance commission with an accounting of the claims trust fund which shall be for the one year period immediately preceding the transfer date and shall include a calculation of the employee, retiree and surviving spouse contributions that are in excess of the claims costs and expenses of the plans for which the contributions were made. Said treasurer shall routinely forward to the group insurance commission any claims for health insurance claims made on behalf of the active employees and retirees of the abolished county. For purposes of this subsection, the transfer date for Hampshire county shall be January 1, 1999. (f) On January 31, 2001, the director and trust administrator for the Hampshire county group insurance trust shall provide the group insurance commission with an accounting of the reserves and unit deposits of the claims trust fund which shall be for the two year period immediately preceding October 1, 2000 and shall include a calculation of the employee, retiree and surviving spouse contributions that are in excess of the claims costs and expenses of the plans for which the contributions were made.

M.G.L. c. 34B, § 17 Education aid for independent agricultural and technical schools

c. 34B, § 17. Education aid for independent agricultural and technical schools Section 17. The amount of state education aid for an independent agricultural and technical school, established pursuant to chapter 74A, shall be supplemented, in the first fiscal year of establishment, with a state appropriation for 50 per cent of the local assessment required of cities and towns with students enrolled in said school, and in the second fiscal year, with a state appropriation for 25 percent of such local assessment.

M.G.L. c. 34B, § 18 Retirement systems

c. 34B, § 18. Retirement systems Section 18. Notwithstanding the provisions of any general or special law to the contrary, an abolished county's employees who retired on or before the transfer date, and such abolished county's inactive members, shall be members of the regional retirement system, which shall pay the cost of benefits to such retired county employees and inactive members and their survivors. Said system shall be responsible for the accrued pension liability attributable to the service of such retirees and inactive members. The employees of an abolished county who become state employees pursuant to the this chapter or any prior or subsequent act abolishing any county, shall become members of the state retirement system, and notwithstanding the provisions of any general or special law to the contrary including, but not limited to, paragraph (c) of subdivision 8 of section 3 of chapter 32, said system shall be responsible for all liability attributable to the service of such employees. Said liabilities attributable to the service of such employees shall be recoverable by the commonwealth pursuant to the terms of section 8. Notwithstanding the provisions of this section to the contrary, the employees of the Essex Independent Agricultural and Technical Institute shall be members of the Essex Regional Retirement System. Said system shall retain all liability attributable to such employees for creditable service earned as employees of Essex County. The Essex Independent Agricultural and Technical Institute shall be a member unit of said regional system and shall make any payments required pursuant to chapter 32. Should said Essex Independent Agricultural and Technical Institute be abolished, the successor agency, or in the absence of a successor agency, the commonwealth, shall become responsible for any unfunded liability attributable to employees of said institute. The accumulated deductions and employer contribution, including interest, credited to the accounts of members of an abolished county's retirement system who become members of the state retirement system pursuant to this chapter or any prior or subsequent act abolishing any county shall be transferred from such abolished county's retirement system and credited to such members' accounts in the state retirement system. The sum of the accumulated deductions, employer contributions and interest shall be known as the transfer assets. The transfer assets shall be determined by first assigning system assets to retiree and inactive liability, then assigning any remaining system assets to active employee liability, then determining the funded ratio of active employees to determine an amount of assets to transfer that will maintain the funded ratio of active employees in the regional retirement system after the transfer at a level that is not less than the funded ratio prior to the transfer. In no event shall an amount less than the annuity savings fund of the transferred members be transferred; provided, however, that if the transfer assets are less than the total of the annuity savings fund to be transferred, the secretary of administration and finance shall include the difference, which shall be known as the regional retirement system transfer deficit, as a liability in the calculation required pursuant to section 8. Any calculations to be determined pursuant to this section and section 8 shall be performed by the actuary that performed, and shall be based on the assumptions used, in the most recent valuation of a county retirement system subject to review and approval by the actuary at the public employee retirement administration commission; provided, however, that all funds subject to transfer shall be transferred within 90 days of approval by the public employee retirement administration commission. All transfers made pursuant to this section shall include interest at the interest rate used in the most recent actuarial valuation of the county retirement system from the date of abolition until the date said funds are transferred. Cities, towns, districts and other governmental units belonging to an abolished county's retirement system shall remain members of such retirement system.

M.G.L. c. 34B, § 19 Regional retirement systems; boards; members

c. 34B, § 19. Regional retirement systems; boards; members Section 19. Notwithstanding the provisions of chapter 32 or any general or special law to the contrary, the retirement system of a county abolished pursuant to this chapter, or abolished pursuant to chapter 151 of the acts of 1996, shall continue pursuant to this section and shall be managed by the retirement board as provided in this section beginning on the transfer date; provided, however, that this section shall not apply to Essex county or an entity managing the contributory retirement system formerly administered by Essex county unless explicitly noted otherwise. (a) A contributory retirement system established for an abolished county operating under the terms of sections 1 to 28, inclusive, of said chapter 32 shall be known as a regional retirement system, and all business shall be transacted under a name designated by the retirement board bearing the title of the geographic location of said system. (b) Said system shall be managed by a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. Said board shall consist of five members as follows: (1) The first member, who shall serve as chairman, shall be the country treasurer as of the effective date of this chapter, and shall serve until the expiration of his term as treasurer on December 31, 2002, and the qualification of his successor first member. Thereafter, the first member shall be elected by the other four members for successive 6–year terms. If the first member is not chosen by the other four members within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the first member. (2) The second member, shall be the member of the county retirement board advisory council as of the effective date of this chapter, and shall serve until the expiration of his term on January 1, 2001 and the qualification of his successor. Thereafter, the second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of said council, properly posted, called specifically for such election pursuant to paragraph (g), for successive three-year terms. (3) A third and fourth member, hereinafter referred to as the elected members, shall in the first instance be, respectively, the currently elected member who was elected pursuant to chapter 306 of the acts of 1996, who shall be the third member, and the previously elected current member, who shall be the fourth member. The third member shall serve until the expiration of his term on January 1, 2002 and the qualification of his successor. Thereafter the third member shall be elected by the membership in accordance with paragraph (h) for successive three year terms. The fourth member shall serve until the expiration of his term on January 1, 2000 and the qualification of his successor. Thereafter the fourth member shall be elected by the membership in accordance with paragraph (h) for successive three year terms. The elected members shall be active or retired members of the regional retirement system or one whose retirement is being reimbursed by that system in accordance with the provision of paragraph (c) of subdivision (8) of section 3 of chapter 32. (4) A fifth member, who shall not, except as provided in this subparagraph, be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other four members and serve for a term of five years; provided, however, that in the first instance, the fifth member shall be the currently serving second member, whose term of office as second member shall expire on the date of transfer. Thereafter, the fifth member shall be chosen as provided in this subparagraph. If the fifth member is not chosen provided in this subparagraph within 30 days of the expiration of his term, or of any earlier vacancy in his office, the public employee retirement administration commission shall appoint the fifth member. Any person serving as the second member of a county retirement board shall on the effective date of this chapter become the fifth member upon the expiration of his term notwithstanding that said member is an employee, retiree or official of a constituent governmental unit within the system. (5) Upon the expiration of the term of office of any elected or appointed member, or in the event of a vacancy in either of said offices, his successor shall be elected as aforesaid for a term of three years, or for the unexpired portion thereof, as the case may be. (c) The second, third, fourth and fifth members of a regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32. The first member, as chairman, shall be compensated in amount to be determined by the board. Responsibility for the salary of the county treasurer shall be transferred from the commonwealth to the retirement system of which he is chairman or chief executive officer, and the county treasurer's office shall be abolished pursuant to section 2. (d) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system. All permanent employees employed pursuant to this paragraph shall be members of the retirement system, but shall not be eligible to be a member or candidate for election to the retirement board, however, this prohibition shall not apply to a county treasurer when employed as a chief executive officer of the regional retirement board pursuant to paragraph (b) of this section. (e) A regional retirement board shall be authorized to purchase or lease property, facilities and equipment and employ any such personnel necessary for the proper administration and transaction of business of the retirement system. (f) The board of any such regional retirement system and the chairman thereof shall respectively be and act as the board and treasurer-custodian of such system with respect to the employees of any town or district who become members of such system as provided for in paragraphs (b) or (c) of subdivision (3), or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members thereof under corresponding provisions of earlier laws. The treasurer or other disbursing officer of any such town or district, as the case may be, shall act as a liaison officer between the employees thereof and the board of such system. (g) There shall be a regional retirement board advisory council consisting of all the treasurers, elected or appointed, of each town, unit, or district belonging to the prior county retirement system and remaining in the retirement system established by this section. The members of said advisory council shall elect a chairman from among the members. Said council shall meet at the call of the chairman, but in no event less than twice in each year. Said council shall supervise and certify the procedures involved in the election of the elected members of the retirement board, as provided in paragraphs (b) and (h). Upon certification by the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall, on or before December 15 in each year, specify by written notice to the council and the board the amounts so required to be paid from the pension fund, the annuity reserve fund, the military service fund, and the administration fund, as provided in subdivision (7) of section 22 of chapter 32. For fiscal years 1998, 1999 and 2000, the actuary shall recalculate the expenses of the system to reflect the provisions of section 18 and shall recalculate the amounts to be allocated to each governmental unit. Any governmental unit that has paid assessments in such fiscal years that are greater than the recalculated assessments, shall receive credit against future payments. The credit shall be distributed over the same number of fiscal years that overpayments were made by such unit. The actuary shall also advise and determine the amounts to be allocated to each governmental unit for such amounts. The regional retirement board advisory council, at a meeting called specifically for that purpose, shall elect one of its members as a member of the regional retirement board at the expiration of the current appointed member's term, as provided in paragraph (e). (h) The regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to any member in or retired from service so requesting and shall require that such nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for such nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least five active or retired members of said retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after investigation, the election board determines that a candidate has filed nomination papers containing less than five signatures as required, the election board shall declare said nomination papers invalid and shall notify the candidate of such determination. If, after investigation, the election board determines that only one candidate has filed the requisite number of signatures, the election board shall declare said candidate to be the elected member of the county retirement board. If, after investigation, the election board determines that more than one candidate has obtained the requisite number of valid signatures, the election board shall notify said candidates of such determination and shall immediately prepare election ballots, and set the date for an election to be held within 40 days. The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of one candidate, insert the ballot into a ballot envelope, and the ballot envelope into the pre-stamped envelope, seal said pre-stamped envelope and mail said envelope to the election board in care of the county retirement board, within 20 days after they were mailed. Any envelope postmarked later than 20 days after such mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all such candidates to be present at said tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect said envelopes. Any envelope which has been opened prior to said date, or which has not been signed on the rear by the appropriate addressee, shall be invalidated and shall not be used to determine the elected member. The election board shall, assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from said envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid. The election board shall notify each candidate in writing of the results of said election. All envelopes and ballots received by said election board, including those determined to be invalid, shall be preserved by the election board for two years. The costs incurred by the election board in administering the election shall be paid from the county retirement system administration fund. (i) The group insurance commission shall make available to board members and employees of a regional retirement board health, life and disability benefits, and said board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission shall be borne by said employees and board members and the regional retirement system. Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to such employees and retirees through the regional retirement system; provided, however, that said system is fully reimbursed, in the case of retirees, for the cost of such benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits. (j) An employer shall be required to provide a board member under its employ with all necessary leave required for service to such board. A board member who is an active member of a contributory retirement system shall receive creditable service, consistent with the provisions of paragraph (a) of subdivision (1) of section 4 of chapter 32, for such periods the member is so serving. (k) The abolished county's retirement board and retirement board advisory council shall continue to serve until such time as the members of the new retirement board and the new retirement board advisory council pursuant to this section have been duly elected, selected or appointed, as the case may be. (l) Any provisions of said chapter 32, including provisions that apply to a county retirement systems, that are not inconsistent with the provisions of this chapter shall apply to a regional retirement system. (m) No employee, contractor, vendor or person receiving remuneration, financial benefit or consideration of any kind, other than a retirement benefit or the statutory stipend for serving on the retirement board, from a retirement board or from a person doing business with a retirement board shall be eligible to serve on a retirement board; provided however, that an employee of a retirement board may serve on a retirement board other than the retirement board by which the person is employed; and provided further, that this paragraph shall apply only to individuals who first become members of a retirement board on or after April 2, 2012.

M.G.L. c. 34B, § 19A Essex regional retirement system; Essex regional retirement board; Essex regional retirement board advisory council; benefits; appointment of receiver upon violation by retirement board

c. 34B, § 19A. Essex regional retirement system; Essex regional retirement board; Essex regional retirement board advisory council; benefits; appointment of receiver upon violation by retirement board Section 19A. (a) The contributory retirement system for Essex county, operating under the terms of sections 1 to 28, inclusive, of chapter 32, shall be known as the Essex regional retirement system and all business shall be transacted under the name of the Essex regional retirement system. (b) The Essex regional retirement system shall be managed by the Essex regional a retirement board which shall have the general powers and duties set forth in subdivision (5) of section 20 of chapter 32. The board shall consist of 5 members as provided herein: (1) The first member shall be a chief executive or chief administrative officer of a member town, unit or district belonging to the Essex regional retirement system for a term of 3 years. This member shall be chosen by weighted vote of the chief executive or chief administrative officers of member towns, units or districts belonging to the Essex regional retirement system. The member town, unit or district weighted vote shall be computed based on the percentage of members of the retirement system who were employed by the member town, unit or district. For the purposes of this section, ''chief executive or chief administrative officer'' shall mean, in the case of a town, the town manager or town administrator, except for a town which has neither a town manager nor a town administrator, in which case it shall mean the chairman of the board of selectmen; in the case of a school district, the superintendent; in the case of a water district, the superintendent; in the case of a veterans' services entity, the director; in the case of a housing authority, the executive director; in the case of a regional vocational institute, the superintendent; in the case of a mosquito control district, the superintendent; and in the case of a regional retirement board, the chief executive officer; provided, however, that in the case of the Essex regional retirement board, the chief executive officer shall not be eligible to be elected as the first member of the regional retirement board. If the first member is not elected within 30 days of the expiration of the previous term, or in the event of any earlier vacancy in this office, the public employee retirement administration commission shall appoint the first member. (2) The second member shall be a member of the regional retirement board advisory council, and shall be elected by a majority of those present and voting at a public meeting of the council, properly posted and specifically calling for such election under subsection (i) and shall serve for a term of 3 years. (3) The third and fourth members, hereinafter referred to as the elected members, shall be elected by the members in or retired from service of the Essex county retirement system from among persons retired under the system in accordance with subsection (i) and shall serve for a term of 3 years. (4) The fifth member, who shall not be an employee, retiree or official of the retirement system, or of any of its constituent governmental units, shall be chosen by the other 4 members and shall serve for a term of 5 years. If the fifth member is not chosen within 30 days of the expiration of the member's term, or if a vacancy in the office occurs before the end of the term, the public employee retirement administration commission shall appoint the fifth member. (5) Upon the expiration of the term of office of a member, or in the event of a vacancy, the member's successor shall be elected for a term of 3 years or for the unexpired portion thereof, as the case may be. (6) The members of the retirement board shall elect a chairman from among the members. (c) The members of the Essex regional retirement board shall be compensated in an amount to be determined by the board but not to exceed the amounts set forth in subdivision (6) of section 20 of chapter 32. (d) No person shall be both a member of the Essex regional retirement board, or an employee thereof, and registered as a legislative or executive agent, as defined in section 39 of chapter 3. Should a sitting member of the board register as a legislative or executive agent, as so defined, the member's seat shall be considered vacant. (e) The retirement board may employ clerical and other assistants as may be required to transact the business of the retirement system; provided, however, that all employment contracts shall be subject to review and approval by the public employee retirement administration commission. All permanent employees of the retirement system shall be members of the retirement system. (f) The retirement board may purchase or lease property, facilities and equipment and employ personnel necessary for the proper administration and transaction of business of the retirement system. (g) The retirement board and the chairman thereof shall respectively be and act as the board and treasurer-custodian of the system with respect to the employees of any town or district who become members of the system as provided for in paragraphs (b) or (c) of subdivision (3) or paragraph (b) of subdivision (4) of section 28 of chapter 32, or who have become members under corresponding provisions of law. The treasurer or other disbursing officer of any such town or district shall act as a liaison officer between the employees thereof and the board of the system. (h) There shall be an Essex regional retirement board advisory council which shall consist of all the full-time treasurers, elected or appointed, of each city, town, unit or district in the Essex regional retirement system. If a city, town, unit or district does not employ a full-time treasurer, the highest ranking, full-time executive employee shall be a member of the Essex regional retirement board advisory council. The members of the advisory council shall elect a chair from among the members. The council shall meet twice annually and at the call of the chair. The council shall supervise and certify the procedures involved in the election of members to the retirement board, as provided in subsections (b) and (i). Upon approval by votes of the retirement board and the council, the actuary shall be furnished with an estimate of the expenses and costs of administration of the system for the ensuing year. The actuary shall annually, not later than December 15, specify by written notice to the council and the board the amounts required to be paid from the Pension Fund, the Annuity Reserve Fund, the Special Fund for Military Service Credit and the Expense Fund, as provided in subdivision (7) of section 22 of chapter 32. The regional retirement board advisory council, at a meeting specifically called for the purpose, shall elect 1 of its members, who shall be a member in service in the retirement system, as a member of the regional retirement board at the expiration of the current member's term, as provided in paragraph (2) of subsection (b). (i) The Essex regional retirement board advisory council, which shall serve as the election board, shall supervise the election of the elected members of the retirement board. The council shall make available nomination papers to a member in or retired from service so requesting and shall require that the nomination papers be signed by the candidate and be returned to the office of the retirement board for safekeeping until the election board shall meet. The chairman of the council shall give a duplicate receipt for the nomination papers to each candidate. Completed nomination papers shall contain the signatures and addresses of at least 5 active or retired members of the retirement system. The election board shall determine whether each candidate has filed nomination papers containing the requisite signatures and addresses. If, after an investigation, the election board determines that a candidate has filed nomination papers containing less than 5 signatures, the election board shall declare the nomination papers invalid and shall notify the candidate of the determination. If, after an investigation, the election board determines that only 1 candidate has filed the requisite number of signatures, the election board shall declare the candidate to be the elected member of the county retirement board. If, after an investigation, the election board determines that more than 1 candidate has obtained the requisite number of valid signatures, the election board shall notify the candidates of the determination and shall immediately prepare election ballots and set the date for an election to be held within 40 days. The election board shall mail ballots to all members of the retirement system whether active or retired. The election board shall instruct each member to place an appropriate marking on the face of the printed ballot envelope next to the name of 1 candidate, insert the ballot into a ballot envelope and the ballot envelope into the pre-stamped envelope, seal the pre-stamped envelope and mail the envelope to the election board in care of the Essex regional retirement board, within 20 days after they were mailed. An envelope postmarked later than 20 days after the mailing shall not be used to determine the elected member. The election board shall notify each candidate of the time and location of the tabulation of the ballots and shall permit all candidates to be present at the tabulation. At the specified time for tabulation, the election board shall assemble all envelopes and inspect the envelopes. Any envelope which has been opened prior to that date or which has not been signed on the rear by the appropriate addressee shall be invalidated and shall not be used to determine the elected member. The election board shall assemble all properly signed, unopened envelopes and shall open each envelope and separate the enclosed ballot from the envelope. The election board shall assemble all ballots and shall tabulate the vote for each candidate. Any ballot which contains a marking for more than the number of vacancies shall be declared invalid. The election board shall notify each candidate in writing of the results of the election. All envelopes and ballots received by the election board, including those determined to be invalid, shall be preserved by the election board for 2 years. The costs incurred by the election board in administering the election shall be paid from the Essex regional retirement system administration fund. (j) The group insurance commission shall make available to board members and employees of the Essex regional retirement board health, life and disability benefits and board members and employees shall be eligible to participate in all benefits administered by the group insurance commission. The costs thereof, including any administrative costs incurred by the group insurance commission, shall be borne by the employees and board members and the regional retirement system. Any benefits provided, prior to the abolition of county government, to employees and retirees of a regional retirement system that are not available through the group insurance commission may be provided to employees and retirees through the Essex regional retirement system; provided, however, that the system is fully reimbursed, in the case of retirees, for the cost of the benefits, and, in the case of employees, is reimbursed in a percentage equal to that of the percentage paid by state employees for similar benefits. (k) If the public employment retirement administration commission makes a written finding that the retirement board has violated or neglected to comply with chapter 32 or the rules and regulations promulgated by the public employee retirement administration commission, in a manner that substantially impacts the duties or obligations of the board, the commission may appoint a receiver to oversee the retirement board. The receiver shall be authorized to take or refrain from taking any action in order to ensure that the system is managed with reasonable care, skill, prudence and diligence. The action may include, but shall not be limited to, the following: (i) transfer of assets to the PRIT Fund; (ii) removal of a board member; (iii) appointment of a board member; (iv) termination of a contract; (v) approval or denial of retirement benefits; (vi) employment or termination of employees; and, (vii) conduct a fiduciary audit.

M.G.L. c. 34B, § 20 Cities and towns; regional charter commissions; regional councils of government

c. 34B, § 20. Cities and towns; regional charter commissions; regional councils of government Section 20. (a) A city or town within or contiguous to an abolished county or to be abolished county, which accepts the provisions of this section by vote of the city council with the approval of the chief executive officer or by vote of the town meeting or by vote of the board of selectmen may enter into agreement to join a regional charter commission. Each city or town electing to join said commission shall send a representative appointed by the chief executive officer or board of selectman, and said commission shall convene and shall develop a charter proposal recommending (1) a structure, including organization and method of selecting members for said regional council of government and (2) provision for the method of determining approval of the charter proposal in said cities and towns; provided, however, that said charter shall be adopted and binding only on those cities and towns where a majority of voters approve it by popular vote. The charter shall also include provisions for towns to enter or leave participation in the council of governments. Said charter shall be placed before the voters in an election. The charter shall also include a method of determining approval of any increase or decrease in the county assessment authorized in this section but such method shall include approval of such increase or decrease by the member municipalities of the council of governments in a popular vote if such increase is in excess of 102.5 per cent of the previous fiscal year assessment. The charter may also include a method of determining approval of an annual budget, including fees, grants, assessments and other revenues. The charter may provide that a council of governments shall retain any powers previously conferred upon the county and its county commissioners and shall have any additional powers authorized by this section; provided, however, that said councils shall not retain any power concerning functions transferred to the commonwealth under sections 1 or 4 of this chapter, retain power to levy a county tax, or retain powers specifically denied under this section. (b) Notwithstanding subsection (a), the following provisions shall apply to Hampshire county. The charter proposed by the county commissioners and approved pursuant to a direct vote of the people of Hampshire county in November 1998 is hereby ratified and shall be deemed to have taken effect on January 1, 1999. The election held in Hampshire county at the biennial state election ballot in November 1998 adopting a charter is hereby ratified, validated and confirmed. All actions, proceedings, contracts, agreements, expenditures and assessments made by the Hampshire council of governments prior to July 1, 1999 are hereby ratified, validated and confirmed. The Hampshire council of governments shall retain any powers previously conferred upon Hampshire county and its county commissioners including, but not limited to, the powers and duties of county commissioners with regard to county roads; provided, however, that said council shall not retain any power concerning functions transferred to the commonwealth under sections 2 and 4, retain power to levy a county tax, or retain powers specifically denied under this section or under the charter. Notwithstanding any general or special law to the contrary, road actions taken by Hampshire council of governments after Hampshire county was abolished and before January 1, 2007 are hereby ratified, validated and confirmed. The county commission of Hampshire county shall hereafter be known as the council of governments and each municipally elected official serving on the council may serve until the end of the current term to which elected as a county commissioner or until a successor council official is elected in that municipality. The council shall organize as provided by the newly approved charter. The executive committee shall have the powers of selectmen under sections 52 and 56 of chapter 41. Notwithstanding any general or special law to the contrary, the county treasurer, appointed by the county administrator under the prior county charter, shall become known as the director of finance for the council of governments, and shall have the powers and duties of a municipal treasurer under section 35 of said chapter 41 and under sections 54, 55, and 55A of chapter 44. The director of finance shall be a member of the county retirement system advisory board with all the rights, privileges, and duties as other members of the advisory board. (c) Upon approval of the new charter, the county commission of a county shall become known as the council of governments and each municipally elected official serving on the council may serve until the end of the current term to which elected as a county commissioner or until a successor council official is elected in that municipality. The council shall organize as provided by the newly approved charter. The executive committee shall have the powers of selectmen under section 52 and 56 of said chapter 41. (d) The council of governments may accept or participate in any grant, donation or program available to any political subdivision of the commonwealth, and may also accept or participate in any grant, donation, or program made available to counties by any other governmental or private entity. (e) Notwithstanding the provisions of any special or general law to the contrary, any political subdivision of the commonwealth may enter into agreement with the council of governments to perform jointly or for the other, or in cooperation with other entities, any service, activity or undertaking which the political subdivision is authorized by law to perform. For the term of the agreement and subject to the terms thereof, the council of governments shall be authorized to perform the service, activity or undertaking and may designate appropriate representatives to oversee the performance, provided that the functions and duties of the representative or representatives are set forth in the agreement. (f) The parking provisions of chapter 90 shall apply to the parking areas subject to the control of the council of governments, and the council shall have the powers and duties of that chapter as they apply to parking. (g) A regional council of government established pursuant to this section may administer and provide regional services to cities and towns and may delegate such authority to subregional groups of such cities and towns. Regional councils of government may enter into cooperative agreements with regional planning commissions or may merge with such commissions to provide regional services. (h) Regional services provided to member municipalities shall be determined by each regional council of government and may include, but are not limited to, the following services: engineering, inspectional services and planning, economic development, public safety, emergency management, animal control, land use management, tourism promotion, social services, health, education, date management, regional sewerage, housing, computerized mapping, household hazardous waste collections, recycling, public facility siting, coordination of master planning, vocational training and development, solid waste disposal, fire protection, regional resource protection, regional impact studies, and transportation. (i) For the purpose of organizing and administering in the county or a portion of the county a cooperative or regional entity to provide, purchase or otherwise make available services on a regionalized basis, the council of governments may impose a regional assessment as set forth in the charter submitted to the voters and approved by said voters pursuant to this section. The regional assessment shall be allocated among the members of the council of governments in proportion to their respective equalized valuations as reported to the general court by the commissioner of revenue in accordance with section 10C of chapter 58 unless the charter includes provisions that set the assessment based upon other factors including, but not limited to, population or base cost per municipality. The regional assessment shall be based upon the budget adopted by the council of governments, net of estimated revenues. The regional assessment shall be retained by the council of governments and shall be used for the purpose of providing regional or municipal services or programs, or planning, organizing and administering such services or programs, and maintaining abolished county or regional council of government property in connection with said services or programs, under the authority granted herein. (j) The council of governments may increase or reduce the regional assessment on each member municipality from the base year of fiscal year 2000, subject to the limits of sections 20A and 21C of chapter 59. (k) The council of governments may incur temporary debt in anticipation of revenue for a term not to exceed one year, with the approval of a majority of the council of governments. The temporary debt shall not exceed one-half of the amount of the council of governments assessment under subsection (h). Sections 16 to 19, inclusive, and sections 21 to 22C, inclusive, of chapter 44 shall, so far as possible, apply to debt issued under this section. (l) The provisions of chapter 268A and 268B that are applicable to a county agency and county employees shall apply to a regional council of government and its employees. (m) Nothing in this chapter shall authorize, require or permit any regional council of government to abrogate, in whole or in part any agreement, including any collective bargaining agreement, negotiated with any employee organization under chapter 150E or to interfere with or detract from the rights of any employee under chapter 31. Nothing in this chapter shall supplant or supersede any rights of any employee organization under any law, including, but not limited to, said chapter 150E, including any agreements negotiated under said chapter 150E, or any employee under chapter 31. (n) a council of governments shall maintain or contract with others to maintain records relating to county roads within its jurisdiction.

M.G.L. c. 34B, § 21 Secretary of administration and finance; plans for effective transfer of county functions to commonwealth

c. 34B, § 21. Secretary of administration and finance; plans for effective transfer of county functions to commonwealth Section 21. The secretary of administration and finance, in consultation with the comptroller, the state secretary, the judiciary, and such other departments of the commonwealth as may be necessary or appropriate, shall make such plans and arrangements as may be necessary to ensure the effective transfer of county functions to the commonwealth pursuant to this chapter.

M.G.L. c. 34B, § 22 Municipalities of abolished counties; dog funds

c. 34B, § 22. Municipalities of abolished counties; dog funds Section 22. Notwithstanding the provisions any general or special law to the contrary, the municipalities of an abolished county shall be deemed to have accepted the provisions of section 147A of chapter 140, and shall enact by-laws to provide for the functions performed by the abolished government of a county with respect to dogs pursuant to sections 136A to 174D, inclusive, of said chapter 140, as of July 11, 1997. The balance of funds remaining in the dog fund of an abolished county as of the transfer date shall be disbursed forthwith by the state treasurer in the manner prescribed by section 172 of said chapter 140 to the treasurer of each city and town, who shall maintain a separate dog fund consistent with the by-laws adopted by the city or town and said sections 136A to 174D, inclusive, of said chapter 140.
Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter34BFetched: 10/20/2026

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