GENERAL PROVISIONS RELATIVE TO STATE DEPARTMENTS, COMMISSIONS, OFFICERS AND EMPLOYEES

M.G.L. pt. Part I, tit. Title III, ch. c. 30

in effect

M.G.L. c. 30, § 1 ''Departments'' defined

c. 30, § 1. ''Departments'' defined Section 1. The word ''departments'' as used in this chapter, shall, unless the context otherwise requires, mean all the departments of the commonwealth, except the department of banking and insurance, but including the divisions of banks and loan agencies, of insurance, and also including the several boards serving in the division of registration, the board of registration in medicine and each of the executive offices created by chapters six A and seven.

M.G.L. c. 30, § 2 Executive and administrative offices, etc.; placement under control of some state department

c. 30, § 2. Executive and administrative offices, etc.; placement under control of some state department Section 2. All executive and administrative offices, boards, commissions and other governmental organizations and agencies, except those serving directly under the governor or the governor and council, not by law placed under the direction and control of some state department, shall be placed thereunder by order of the governor, with the advice and consent of the council, until such time as the general court shall make provision therefor.

M.G.L. c. 30, § 3 Establishment of divisions; approval of governor and council

c. 30, § 3. Establishment of divisions; approval of governor and council Section 3. In all cases where the executive and administrative head of a department is vested with authority to establish therein divisions not specifically provided for by law, the establishment of such divisions shall be subject to the approval of the governor and council.

M.G.L. c. 30, § 4 Organization of departments; report to state secretary

c. 30, § 4. Organization of departments; report to state secretary Section 4. A state department, board or commission shall, upon organizing, report its organization to the state secretary.

M.G.L. c. 30, § 5 Conflicting orders or regulations; appeal to governor and council

c. 30, § 5. Conflicting orders or regulations; appeal to governor and council Section 5. In all cases where a question arises between executive or administrative departments, or officers or boards thereof, as to their respective jurisdictions or powers, or where such departments, or officers or boards thereof, issue conflicting orders or make conflicting rules and regulations, the governor and council may, on appeal by any such department or by any person affected thereby, determine the question, and order any such order, rule or regulation amended or annulled; provided, that this section shall not deprive any person of the right to pursue any other lawful remedy. The time within which such appeal may be taken shall be fixed by the governor and council.

M.G.L. c. 30, § 6 Absence or disability of department heads

c. 30, § 6. Absence or disability of department heads Section 6. If, during the absence or disability of a commissioner or head of an executive or administrative department or of a director or head of a division in a department, his duties are not specially authorized by law to be performed by another person, the commissioner or head of such department shall designate another person in his department to perform the duties of such person in case of and during such absence or disability, but a person so designated shall have no authority to make permanent appointments or removals. Every such designation shall be subject to approval by the governor, and shall remain in force and effect until revoked by the commissioner or head of such department or by the governor; provided, however, that such designation shall continue after the death of such commissioner or head of department until revoked by his successor.

M.G.L. c. 30, § 6A Absence or disability of members, of permanent state boards, etc.

c. 30, § 6A. Absence or disability of members, of permanent state boards, etc. Section 6A. If any member of a permanent state board or commission or of a board or commission appointed under an interstate compact who serves as such by virtue of holding any other office or position is unable by reason of absence or disability to perform his duties as such member, he may, by a writing filed in the office of such board or commission, designate an officer or employee in his department who shall, without additional compensation therefor, perform such duties in case of and during such absence or disability, but a person so designated shall have no authority to make any appointments or removals. Any such designation may in like manner be revoked at any time.

M.G.L. c. 30, § 7 Confidential secretaries; appointment and removal

c. 30, § 7. Confidential secretaries; appointment and removal Section 7. Each officer, board and commission having supervision and control of an executive or administrative department, including the commissioner of administration, the first deputy commissioner of administration, the comptroller, the purchasing agent, the budget director, the personnel administrator and the the commissioner of industrial accidents in the department of labor and workforce development, each commissioner of the department of banking and insurance, the state superintendent of buildings, and the alcoholic beverages control commission, but not including the several boards serving in the division of registration, may appoint and remove a person to serve as a confidential secretary. Such appointment shall be in accordance with the provisions of sections forty-five to fifty, inclusive, and shall be exempt from the provisions of sections nine A and nine B of chapter thirty and from the provisions of chapter thirty-one.

M.G.L. c. 30, § 7B Change of name

c. 30, § 7B. Change of name Section 7B. Upon the change of name of any person holding an executive, administrative or legislative office in the state government, he shall register his new name with the secretary.

M.G.L. c. 30, § 8 Public officers appointed by governor; tenure

c. 30, § 8. Public officers appointed by governor; tenure Section 8. A public officer appointed for any term by the governor, with or without the advice and consent of the council, shall hold his office during the term for which he is appointed and until his successor in office has qualified, unless he is sooner removed in accordance with law. Unless otherwise provided, the beginning of the term of office of a public officer appointed by the governor shall be the date of his appointment, or, if he is appointed by the governor with the advice and consent of the council, it shall be the date of his confirmation; but no officer shall enter upon the duties of his office until he is duly qualified as provided by law.

M.G.L. c. 30, § 9 Public officers appointed by governor; removal

c. 30, § 9. Public officers appointed by governor; removal Section 9. Unless some other mode of removal is provided by law, a public officer, if appointed by the governor, may at any time be removed by him for cause, and, if appointed by him with the advice and consent of the council, may be so removed with its advice and consent.

M.G.L. c. 30, § 9A Veterans holding unclassified positions; separation from state service

c. 30, § 9A. Veterans holding unclassified positions; separation from state service Section 9A. A veteran, as defined in section one of chapter thirty-one, who holds an office or position in the service of the commonwealth not classified under said chapter thirty-one, other than an elective office, an appointive office for a fixed term or an office or position under section seven of this chapter, and has held such office or position for not less than three years, shall not be involuntarily separated from such office or position except subject to and in accordance with the provisions of sections forty-one to forty-five, inclusive, of said chapter thirty-one to the same extent as if said office or position were classified under said chapter. If the separation in the case of such unclassified offices or positions results from lack of work or lack of money, such a veteran shall not be separated from his office or position while similar offices or positions in the same group or grade, as defined in section forty-five of this chapter, exist unless all such offices or positions are held by such veterans, in which case such separation shall occur in the inverse order of their respective original appointments.

M.G.L. c. 30, § 9B Certain permanent public employees; arbitrary removal; protection; disciplinary proceedings for abuse of disabled person

c. 30, § 9B. Certain permanent public employees; arbitrary removal; protection; disciplinary proceedings for abuse of disabled person Section 9B. No person permanently employed in any institution under the department of mental health, developmental services, public health, public welfare, correction or youth services, or in a state-operated veterans' home, except an employee, other than a nurse, rendering professional service, who is not classified under chapter thirty-one, and no maintenance employee permanently employed in any institution under the department of education, shall, after having actually performed the duties of any office or position continuously for a period of six months in such an institution or department, be discharged, removed, suspended, laid off, transferred from the latest permanent office or employment held by him without his consent, lowered in rank or compensation, nor shall his office or position be abolished, except for just cause and in the manner provided by sections forty-one to forty-five, inclusive, of chapter thirty-one. It shall be deemed that there is just cause to discipline or discharge an employee of the commonwealth, if it is determined by a preponderance of the evidence that such employee abused a person with a disability in the care of the commonwealth, including but not limited to the department of mental health, department of developmental services, department of public health, department of children and families, department of corrections, department of youth services, department of education and Bridgewater state hospital. For the purposes of this section, abuse includes, but is not limited to, the following: (1) any non-accidental act or omission that results in physical or emotional injury to the disabled person; (2) non-accidental, unauthorized physical aggression; (3) verbal harassment; and (4) sexual harassment. In any disciplinary proceeding pursuant to this section, chapter 31, chapter 150E or a hearing under section 4H of chapter 7 related to a care provider's placement on the registry established under section 15 of chapter 19C, the report of an investigation of abuse shall be admissible into evidence for the truth of the matters asserted therein. The credibility of any witness or the veracity of any witness' statements given at such a disciplinary proceeding may not be challenged solely on the basis of his disability.

M.G.L. c. 30, § 9C Mental health, developmental services and public health department employees; damages caused by patients

c. 30, § 9C. Mental health, developmental services and public health department employees; damages caused by patients Section 9C. Any employee at the institutions under the control of the departments of mental health, developmental services and public health whose uniform or other clothing, eyeglasses, dentures and the like are destroyed or damaged because of the violence of any patient under his care as determined by the appointing authority of said employee, shall have the same replaced or repaired by the department employing said employee free of any charge to such employee.

M.G.L. c. 30, § 9D Teachers of certain state institutions; removal; lowering in rank

c. 30, § 9D. Teachers of certain state institutions; removal; lowering in rank Section 9D. No person permanently employed as a teacher in any institution under the department of mental health, developmental services, public health, public welfare, correction, or youth services, who is not classified under chapter thirty-one, shall, after having served as such teacher for a period of three years in such institution, be discharged, removed, suspended, laid off, transferred without his consent, lowered in rank or compensation, nor shall his office or position be abolished, except for just cause and in the manner provided by sections forty-one to forty-five, inclusive, of said chapter thirty-one.

M.G.L. c. 30, § 9E Chaplains; exemption

c. 30, § 9E. Chaplains; exemption Section 9E. No person employed as a chaplain by the commonwealth shall be classified under chapter thirty-one or be subject to the provisions of sections nine A, nine B, nine D, or twenty-four A of chapter thirty, or sections thirty A or thirty B of chapter one hundred and forty-nine.

M.G.L. c. 30, § 9F State employees elected to public office; leave of absence

c. 30, § 9F. State employees elected to public office; leave of absence Section 9F. Notwithstanding any law, rule or regulation to the contrary, any person permanently employed by the commonwealth, subject to the provisions of section nine B, who holds an elective state or county office or who is elected mayor by the people of any city in the commonwealth, shall, upon his written request, made to the appointing authority, be granted a leave of absence without pay from his position or employment for all or for such portion of the term for which he was elected, as he may at any time, or from time to time, designate, and he shall not be suspended or discharged and shall suffer no loss of tenure rights as a result of such leave of absence.

M.G.L. c. 30, § 9G Public employees participating in world athletic competition; leaves of absence

c. 30, § 9G. Public employees participating in world athletic competition; leaves of absence Section 9G. Any employee of the commonwealth who qualifies as a member of a team representing the United States in any World athletic or Olympic competition shall be granted a leave of absence with pay for the purpose of engaging in competition. Paid leave shall be limited to the period of the official training camp and competition combined, or for a period of sixty calendar days whichever is shorter. The word ''team'' shall include the group leader, coach, official and any athletes who comprise the official delegation of the United States to the World or Olympic competition.

M.G.L. c. 30, § 9H Public employees who are veterans; participation in Veterans or Memorial Day exercise; time off granted; exceptions

c. 30, § 9H. Public employees who are veterans; participation in Veterans or Memorial Day exercise; time off granted; exceptions Section 9H. Any employee of the commonwealth, who is a veteran as defined in clause Forty-third of section seven of chapter four or is a member of a department of war veterans listed in section seventeen of chapter eight, and who desires to participate in a Veterans Day or Memorial Day exercise, parade or service, shall be granted a reasonable and sufficient period of time off from his duties to attend and participate in such services or exercises. This section shall not apply to employees whose services are essential and critical to public health or public safety, including but not limited to those employees whose regular and major duties require them to have the care, custody, instruction or supervision of inmates in correctional facilities and institutions or of persons who are mentally ill or mentally defective or defective delinquents, firefighters, police officers, guards and other persons who are determined to be essential and critical to the effective delivery of public services to the commonwealth. Any time off taken by an employee of the commonwealth under this section shall be without pay; provided, however, that any such employee may elect to apply accrued vacation or personal leave time to such time off.

M.G.L. c. 30, § 9I Employees of commonwealth; leave of absence with pay for serving as Red Cross disaster service volunteers; annual report

c. 30, § 9I. Employees of commonwealth; leave of absence with pay for serving as Red Cross disaster service volunteers; annual report Section 9I. (a) Any employee of the commonwealth may be granted a leave of absence with pay for the purpose of serving as an American Red Cross volunteer in specialized disaster relief services in connection with any disaster at the request of the American Red Cross for such an employee's services. The leave shall be approved at the sole discretion of the employee's supervisor and shall be limited to a total of 15 calendar days, consecutively or nonconsecutively, per calendar year. In determining whether to grant such a leave to an employee, the employing agency may consider the needs of the American Red Cross for expertise in a particular certified area as well as the work needs of the agency. Authorized leaves of absence shall be limited to only those employees of the commonwealth who are registered as certified disaster service volunteers of the American Red Cross disaster services human resources network. Within 30 days after a request by the American Red Cross for an employee's services, the American Red Cross shall submit written proof of that employee's certification as a disaster service volunteer to the employing agency involved. (b) An employee who is granted a leave of absence pursuant to this section shall be compensated by the employee's employing agency at the employee's regular rate of pay for those regular work hours during which the employee is absent from work, but in no event shall the employee receive overtime pay, shift differential pay, hazardous duty pay or any other form of compensation in addition to the employee's regular pay. An employee who is granted leave pursuant to this section shall not lose any already existing insurance and health care coverage, seniority or any previously accrued vacation time, sick time, personal days, compensation time or earned overtime due to the employee's granted leave of absence. Leave authorized under this section shall not be granted for the purpose of obtaining American Red Cross disaster relief training. (c) The commonwealth shall not be liable for workers' compensation claims seeking compensation for injuries that arise out of and during the course of an employee's authorized leave of absence with the American Red Cross as a certified disaster service volunteer. Duties performed while on disaster leave shall not be construed to be work assignments by the particular state agency employing the employee on leave. The employee's activities and volunteer functions while on a leave authorized by this section shall not be directed by the commonwealth but shall be determined and controlled solely by the American Red Cross. Volunteer functions, although similar or related to an employee's normal job functions, are performed on behalf of and for the benefit of the American Red Cross. An employee who is on an approved leave pursuant to this section shall not be deemed to be a public employee of the commonwealth while on leave for the purposes of chapter 258. (d) Each Massachusetts chapter of the American Red Cross shall compile an annual report detailing the number of state employees who have been granted a leave of absence pursuant to this section during the previous year and listing the total number of days of leave taken by the employees during the course of that year. This annual report shall be filed with the joint committee on public service, the house and senate committees on ways and means and the human resources division of the executive office of administration and finance no later than January 15 of each year.

M.G.L. c. 30, § 9J Transfer of employee functions to another department or agency; employees transferred; wages, seniority and other rights

c. 30, § 9J. Transfer of employee functions to another department or agency; employees transferred; wages, seniority and other rights Section 9J. In the event that the functions performed by employees in one department or agency are transferred to another department or agency, the employees performing such functions shall be transferred to the receiving department or agency without impairment of wages, seniority, collective bargaining, civil service or other rights enjoyed at the time of the transfer. Nothing in this section shall prohibit any reduction in workforce otherwise permitted under collective bargaining agreements or civil service rules or regulations.

M.G.L. c. 30, § 10 Officers requiring gubernatorial appointments; filling vacancies

c. 30, § 10. Officers requiring gubernatorial appointments; filling vacancies Section 10. Any vacancy in any office, the original appointment to which is required by law to be made by the governor, with or without the advice and consent of the council, and for which no other method of filling vacancies is expressly provided by law, shall be filled for the unexpired term in the manner provided for an original appointment; and the appointment of a successor of any incumbent of any such office who is holding over after the expiration of his term of office shall be made in like manner for the remainder of the term which would have begun at such expiration if his successor had then been appointed.

M.G.L. c. 30, § 11 Oaths of office

c. 30, § 11. Oaths of office Section 11. A person chosen or appointed to an office may, unless otherwise provided by law, take and subscribe the oaths required to qualify him before the governor, lieutenant governor, secretary of the commonwealth, two councillors or two commissioners appointed under section three of chapter two hundred and twenty-two.

M.G.L. c. 30, § 12 Oaths of office; failure to take and subscribe

c. 30, § 12. Oaths of office; failure to take and subscribe Section 12. A person appointed to an office by the governor with or without the advice and consent of the council shall be notified of his appointment by the state secretary and his commission delivered to him upon qualification, and if he does not, within three months after the date of such appointment, take and subscribe the oaths of office, his appointment shall be void, and the secretary shall forthwith notify him thereof, and shall also certify said facts to the governor. This section shall be printed on every such commission.

M.G.L. c. 30, § 13 Fees for certain commissions, etc.

c. 30, § 13. Fees for certain commissions, etc. Section 13. Before the delivery of a commission to a person appointed commissioner under section three or four of chapter two hundred and twenty-two, master in chancery or justice of the peace, he shall pay to the state secretary a fee to be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Before the delivery of a commission to a person appointed a notary public he shall pay to the state secretary a fee as determined annually under the aforementioned provision. Upon the change of name of any woman who has been appointed and qualified as a notary public, she shall re-register under her new name and shall pay to the state secretary a fee as determined annually under the aforementioned provision.

M.G.L. c. 30, § 14 Approval of bond; withholding commission

c. 30, § 14. Approval of bond; withholding commission Section 14. If a bond is required of any person appointed to office by the governor with or without the advice and consent of the council, the commission shall not issue until the bond has been approved.

M.G.L. c. 30, § 15 Bonds; determining amount

c. 30, § 15. Bonds; determining amount Section 15. When state officials or employees are required to give bond in which the amount is not fixed by law, the comptroller shall fix the amount and shall require that such bonds be made uniform so far as possible.

M.G.L. c. 30, § 16 Schedule bonds

c. 30, § 16. Schedule bonds Section 16. State officers and heads of state departments may arrange for such schedule bonds as they deem advisable, which shall take the place of bonds required by law of them or any of their officers and employees. Every such schedule bond shall be a surety company bond with a surety company authorized to do business in the commonwealth as surety, conditioned that the officers and employees named in the bond shall faithfully perform the duties of their offices and employments, with other conditions or provisions required by law.

M.G.L. c. 30, § 17 Bond premiums; reimbursement

c. 30, § 17. Bond premiums; reimbursement Section 17. If an official having custody of property of the commonwealth, or charged with the duty of receiving or disbursing money, is required to give bond to the commonwealth for the faithful discharge of his duty, the commonwealth shall reimburse him for the amount paid by him to a surety company for becoming surety on his official bond. Premiums on all surety bonds paid by the commonwealth shall be paid out of the appropriations for expenses of the several officers and departments.

M.G.L. c. 30, § 18 Examination of bonds

c. 30, § 18. Examination of bonds Section 18. Every public official having custody of any bond for the faithful performance of the duties of any office, occupation, agency or trust, requiring the approval of any court, public officer, department or board other than the governor and council, shall, except in those cases where the duty is imposed upon the director of accounts, annually in March examine into the sufficiency of every such bond, and shall, whenever at any other time there is reason to believe that any such bond has become insufficient, examine into its sufficiency. The governor shall appoint a committee of the council which shall annually in March make such examination of bonds required to be approved by the governor or by the governor and council. If a bond is found upon examination to be insufficient, the person who has examined it shall forthwith notify the principal thereof and shall require him, within thirty days after the date of such notice, to file a new bond in conformity with law. All bonds requiring the approval of the state treasurer and all bonds requiring his examination as to their sufficiency shall, when he deems it necessary, be secured by a surety company approved by the commissioner of insurance.

M.G.L. c. 30, § 19 Failure to file sufficient bonds; removal of principal

c. 30, § 19. Failure to file sufficient bonds; removal of principal Section 19. If a new bond is not filed, as required by the preceding section, the governor with the advice and consent of the council, shall remove the principal from such office or trust or terminate his authority to exercise such occupation or agency.

M.G.L. c. 30, § 20 Bonds deposited with county treasurers; examination

c. 30, § 20. Bonds deposited with county treasurers; examination Section 20. Bonds of public officers, except officers in Suffolk county, required to be deposited with county treasurers shall, at least once a year, be examined by the director of accounts or his representative. If such bond is insufficient, he shall report to the superior court, which shall require a new bond, satisfactory to it, within such time as it shall order.

M.G.L. c. 30, § 21 Multiple salaries from treasury

c. 30, § 21. Multiple salaries from treasury Section 21. A person shall not at the same time receive more than one salary from the treasury of the commonwealth.

M.G.L. c. 30, § 22 Plurality of offices; penalties

c. 30, § 22. Plurality of offices; penalties Section 22. Whoever wilfully violates the preceding section or wilfully accepts or holds office in violation of article two of chapter six of the second part of the constitution, as amended by article twenty-seven of the amendments thereof, shall forfeit to the commonwealth the compensation from all offices held in violation of said provisions during the time they are so held, to be recovered by the attorney general, upon written complaint made within one year by any citizen.

M.G.L. c. 30, § 23 Full time devotion to duties; certain state officers

c. 30, § 23. Full time devotion to duties; certain state officers Section 23. Any person in any executive or administrative department who is appointed to office by the governor, with the advice and consent of the council, and who is paid a salary, may be required by the governor, with like advice and consent, to give his whole time to the duties of his office.

M.G.L. c. 30, § 23A Certain trustees of state institutions; plurality of positions

c. 30, § 23A. Certain trustees of state institutions; plurality of positions Section 23A. Any trustee of a state institution who is appointed to such office by the governor, with the advice and consent of the council, shall, during the term for which he was appointed, be ineligible to hold any other office or position in said institution.

M.G.L. c. 30, § 24 Office hours

c. 30, § 24. Office hours Section 24. All offices under the jurisdiction of any department of the state government shall be open to the public for the transaction of business daily on days other than Saturdays, Sundays and legal holidays for such hours, beginning not later than nine o'clock in the forenoon and ending not earlier than five o'clock in the afternoon, as may be set by the department head subject to the approval of the commissioner of administration, except that, if the convenience of the public so requires, any department head, subject to like approval, may keep any office under his jurisdiction open on any Saturday, not a legal holiday, from nine o'clock in the forenoon to twelve o'clock noon, and give any employee required to work on Saturday equivalent time off without loss of compensation. When the day or the last day for the performance of any act, including the making of any payment or tender of payment, authorized or required to be performed at such an office falls on a Saturday, Sunday or legal holiday, the act may be performed on the next succeeding business day.

M.G.L. c. 30, § 24A Working on legal holidays; compensation; exceptions

c. 30, § 24A. Working on legal holidays; compensation; exceptions Section 24A. If any person employed by the commonwealth is required to work on any legal holiday, as listed in the first sentence of clause Eighteenth of section seven of chapter four, he shall be given an additional day off or, if such additional day off cannot be given by reason of a personnel shortage or other cause, he shall be entitled to an additional day's pay; provided, that any person whose regular day off, other than a Saturday, falls on any such legal holiday shall be given an additional day off or, if such additional day off cannot be given by reason of a personnel shortage or other cause, an additional day's pay; and provided, further, that if the regular day off of any such person is Saturday and any such legal holiday falls on a Saturday, such person shall, where possible, be given the preceding Friday off without loss of pay, or if said day off cannot be given by reason of a personnel shortage or other cause, he shall be given an additional day off, as hereinbefore provided for other persons whose regular day off falls on a legal holiday, or, in lieu thereof, an additional day's pay. This section shall not apply to elected officers, appointees of the governor, heads of departments and divisions, superintendents of institutions in the departments of mental health, developmental services, public health, public welfare, state-operated veterans' homes and agencies under the jurisdiction of the department of youth services, to presidents of educational institutions or to principal officers in the correctional institutions.

M.G.L. c. 30, § 24B Assignments of employee from lower to higher grade

c. 30, § 24B. Assignments of employee from lower to higher grade Section 24B. Whenever an employee in a lower grade is assigned the duties of a position in a higher grade for a period of thirty days or longer, the appointing officer shall, if a vacancy exists or is to exist for the position in the higher grade, forthwith submit to the personnel administrator a requisition for approval of the appointment of such employee to such position. The approval of said administrator of such an appointment shall, if given, take effect as of the earliest date, as determined by the administrator, that he could have approved the appointment if acted upon by him on the date the appointment was made, but in no case shall he approve an appointment to take effect earlier than sixty days next preceding the date of the receipt of said requisition by him. This section shall not apply to assignment of a person to cover a higher position when the holder of the higher grade position is absent on vacation leave, but shall apply when the holder of such higher graded position is on sick leave.

M.G.L. c. 30, § 24C Overtime pay; prior written approval

c. 30, § 24C. Overtime pay; prior written approval Section 24C. No compensation shall be paid to any employee of the commonwealth for overtime services except upon the prior written approval of such overtime by the appointing authority, and, in the case of a department, office, commission, board or institution within any of the executive offices established by chapters six A and seven, upon the prior written approval of the secretary having charge of such executive office, in accordance with regulations established under section twenty-eight of chapter seven.

M.G.L. c. 30, § 25 Expenses of state officers, etc.

c. 30, § 25. Expenses of state officers, etc. Section 25. State officers, and members of departments receiving a salary or its equivalent, who are provided with offices by the commonwealth and whose duties require regular attendance at such offices, shall not be allowed or paid by the commonwealth any expenses in the nature of traveling or living expenses. Such officers or members of departments whose duties require them to travel elsewhere than to and from the offices provided for them by the commonwealth, and unpaid state officers or members of departments, and those whose duties do not require daily attendance and who receive compensation by the day, shall be allowed their actual reasonable expenses incurred in the performance of such duties, if such expenses are authorized by law to be paid by the commonwealth. Bills for such expenses shall be itemized and the dates when, and the purposes for which, such expenses were incurred shall be stated before their allowance by the comptroller. In the case of allowable expenses incurred in the operation of private motor vehicles used in the performance of official duties, the maximum reimbursement shall not exceed a maximum established by the commissioner of administration. Said maximum shall be equivalent to the maximum reimbursement payable to state employees who are covered under a collective bargaining agreement for which an appropriation has been made by the general court. Said commissioner shall adjust said maximum, if such adjustment is required, on July first of each year and shall file a notice of such adjustment with the house and senate committees on ways and means at least ninety days prior to said date.

M.G.L. c. 30, § 25A Death away from home; return of body; expenses

c. 30, § 25A. Death away from home; return of body; expenses Section 25A. If any state officer or member of a department who is allowed actual and reasonable expenses incurred while traveling in the performance of duty, under the provisions of section twenty-five, dies while in the performance of such duty away from home, his body shall be returned to his home at the expense of the commonwealth.

M.G.L. c. 30, § 25B Out-of-state travel expenses; restrictions

c. 30, § 25B. Out-of-state travel expenses; restrictions Section 25B. No officer or employee of the commonwealth may travel out of state at public expense except in accordance with rules and regulations established by the commissioner of administration for the expenditure of funds for travel out of state by employees of the commonwealth, and except with the prior written approval of his appointing authority, and, in the case of a department, office, commission, board, or institution within any of the executive offices established by chapters six A and seven upon the prior written approval of the secretary having charge of such executive office. The officer approving such out-of-state travel shall forthwith file notification of such approval with the budget director and the comptroller.

M.G.L. c. 30, § 27 Money received for commonwealth; daily remittance; exceptions

c. 30, § 27. Money received for commonwealth; daily remittance; exceptions Section 27. Except as otherwise expressly provided, all fees or other money received on account of the commonwealth shall be paid daily into the treasury thereof, but if in the opinion of the commissioner of administration and the state treasurer the interests of the commonwealth require, payments may be made weekly in accordance with such rules and regulations as the state treasurer may prescribe.

M.G.L. c. 30, § 28 Books and accounts; fiscal year

c. 30, § 28. Books and accounts; fiscal year Section 28. All books and accounts of all offices, departments, boards, commissions and institutions of the commonwealth shall be kept by the fiscal year established for them, respectively, by clause ninth of section seven of chapter four.

M.G.L. c. 30, § 29 State institutions; keeping books and accounts

c. 30, § 29. State institutions; keeping books and accounts Section 29. Every treasurer and disbursing officer of a state institution shall maintain an office at his institution where all books, accounts and vouchers of such institution shall be kept. The books shall show all receipts and disbursements on account of the institution.

M.G.L. c. 30, § 30 Official letters; size of paper

c. 30, § 30. Official letters; size of paper Section 30. Official letters of departments, institutions or officials of the commonwealth shall be written or printed, so far as practicable, on paper eight and one half inches wide and eleven inches long.

M.G.L. c. 30, § 30A Official letterheads; uniform style

c. 30, § 30A. Official letterheads; uniform style Section 30A. The state secretary, the commissioner of administration and the state purchasing agent shall, after consultation with state officers, heads of departments and superintendents of institutions, determine a uniform style of headings for letterheads to be used by all executive and administrative officers and departments and all institutions; but other styles may be authorized in limited quantities for special purposes.

M.G.L. c. 30, § 31 Printing, binding and procuring stationery for commonwealth offices and departments

c. 30, § 31. Printing, binding and procuring stationery for commonwealth offices and departments Section 31. The printing, binding and procuring of stationery for the use of the several offices and departments of the commonwealth shall be under the direction of the heads of said offices or departments and shall be approved by them.

M.G.L. c. 30, § 32 Annual reports

c. 30, § 32. Annual reports Section 32. On or before the first Wednesday in December following the termination of each fiscal year, every state officer, department, board and commission or head thereof that is required by law to make an annual report shall deposit such report with the state secretary, except where by statute some other time is established for the filing of the report of said officer, department, board or commission. Such an annual report shall, except as otherwise expressly provided, cover such fiscal year, and, except for facts or information specifically required by law, shall be a brief summary of such fiscal year's work, together with recommendations for the succeeding fiscal year. Such an annual report of any elected state officer for the fiscal year preceding the termination of his service as such may also include a like report for the period between the end of such fiscal year and the termination of his service aforesaid.

M.G.L. c. 30, § 33 Annual reports; recommendations for legislation

c. 30, § 33. Annual reports; recommendations for legislation Section 33. Any state officer or department or head thereof making an annual report may include therein, in even-numbered years, recommendations for legislative action which recommendations shall contain a detailed explanation of reasons therefor, other than requests for appropriations or any matters required to be covered by budget estimates submitted to the budget director under section three or four of chapter twenty-nine. Such recommendations shall be filed with the clerk of the house of representatives on or before the first Wednesday in November preceding the first annual session of the general court.

M.G.L. c. 30, § 33A Annual reports; recommendations to avoid special legislation

c. 30, § 33A. Annual reports; recommendations to avoid special legislation Section 33A. If, in the opinion of a state officer or department required to submit annual reports, the necessity of enacting special bills in relation to any particular subject of legislation may, without detriment to the public interest, be avoided in whole or in part by the enactment of general legislation, such officer or department shall submit from time to time in any such report recommendations for such changes in or additions to the General Laws as will accomplish said purpose.

M.G.L. c. 30, § 34 Reports of special commissions; drafts of legislation

c. 30, § 34. Reports of special commissions; drafts of legislation Section 34. All reports of special commissions recommending legislation shall be accompanied by drafts of bills embodying the legislation recommended.

M.G.L. c. 30, § 35 Special reports to state purchasing agent; appeals

c. 30, § 35. Special reports to state purchasing agent; appeals Section 35. State officers, departments or heads thereof may make such special reports as the state purchasing agent deems to be of practical utility. Appeal may be taken from any decision of the state purchasing agent hereunder to the committee of the executive council appointed to consider matters of finance whose decision shall be final.

M.G.L. c. 30, § 35A Reports; projects requiring assessments upon municipalities; notice

c. 30, § 35A. Reports; projects requiring assessments upon municipalities; notice Section 35A. Reports of state officers, departments or heads thereof, and special commissions, recommending the expenditure of money to an amount in the aggregate exceeding five hundred thousand dollars for a new project or undertaking, any part of the cost of which is recommended to be assessed upon the cities and towns of any metropolitan district, shall be accompanied by a statement showing the amount, in dollars and cents, that would be assessed upon each such city and town if such recommendation should be enacted into law. The officer, department or special commission making a recommendation as aforesaid shall, upon the filing of its report containing the same, send a copy of said statement to each city and town which would be subject to such assessment.

M.G.L. c. 30, § 36 Motor vehicles owned by commonwealth; use and marking; regulations and restrictions, enforcement; transfer

c. 30, § 36. Motor vehicles owned by commonwealth; use and marking; regulations and restrictions, enforcement; transfer Section 36. The commissioner of administration shall establish and enforce regulations governing the use and marking of motor vehicles owned by the commonwealth. Every office, department, board, commission or institution of the commonwealth shall keep such a record of the use of such vehicle, and shall make such reports in relation thereto, as may be prescribed by such regulations. Every such vehicle shall be plainly and conspicuously marked in such manner and place as shall be prescribed by such regulations. No such vehicle shall be used for providing transportation for state officers and employees between their domiciles and places of employment nor shall any expense be incurred for the garaging of such vehicles except with the prior written approval of the officer having charge of the agency operating such vehicle, and, in the case of a department, office, commission, or institution within any of the executive offices established by chapters six A and seven upon the prior written approval of the secretary having charge of such executive office, and in accordance with such regulations; provided, however, that the commissioner of administration may issue rules and regulations governing the use of such motor vehicles for emergency purposes. The commissioner of administration is authorized to transfer a motor vehicle from one agency or department to another and may transfer any such vehicles to the executive office of administration and finance to be maintained, serviced, repaired and garaged thereby and assigned to departments or agencies on such basis and for such duration as the commissioner may deem appropriate. The registrar of motor vehicles shall furnish for each motor vehicle owned by the commonwealth a distinctive number plate bearing such arrangement of letters or number or both, as will distinguish the particular vehicle, and in the discretion of said registrar, as will distinguish the officer, department, board, commission or institution by which the vehicle is operated.

M.G.L. c. 30, § 36A Purchase, replacement or repair of motor vehicles; authorization; funds

c. 30, § 36A. Purchase, replacement or repair of motor vehicles; authorization; funds Section 36A. Motor vehicles to be purchased from sums appropriated by the general court shall be authorized by the purchasing agent in accordance with schedules filed by the budget director with the house and senate committees on ways and means of the general court prior to the passage of the act making such appropriation provided, the commissioner of administration may authorize the replacement of other motor vehicles with similar models from available funds when he determines that the replacement is necessary because the cost of necessary repairs would not be economical; and provided further, that no expenditure in excess of fifteen hundred dollars shall be authorized for the repair of a motor vehicle whose purchase price is fifteen thousand dollars or less and no expenditure in excess of three thousand dollars shall be authorized for the repair of a motor vehicle whose purchase price is greater than fifteen thousand dollars by any department or agency in a garage or shop other than one maintained and operated by such department or agency or by the executive office of administration and finance without the prior written approval of the commissioner of administration.

M.G.L. c. 30, § 37 Rules and regulations; compliance with statutory filing requirements

c. 30, § 37. Rules and regulations; compliance with statutory filing requirements Section 37. Every department, board, commission, division, authority or official of state government, or subdivision thereof, authorized by law to make regulations, shall comply with the filing provisions of section five of chapter thirty A and such regulations shall not take effect until so filed.

M.G.L. c. 30, § 38 Reports on public employees; central personnel register

c. 30, § 38. Reports on public employees; central personnel register Section 38. Every state officer, department or head thereof shall, whenever required by the personnel administrator, furnish him with such information as he prescribes concerning all officials and employees of the commonwealth employed in or by such office or department for whose services money has been paid by the commonwealth. Whenever an appointing authority shall make an appointment to a position included in the classification plan established in accordance with section forty-five, such appointing authority shall certify to said administrator that the appointee possesses the qualifications for the position as established by said administrator in accordance with subclause (ii) of clause (c) of paragraph (1) of said section forty-five. Said administrator shall establish and maintain a central personnel register, recording therein, for all employees of the commonwealth, such records as he may, with the approval of the secretary of administration, prescribe. He shall maintain a current record of all persons working for the commonwealth. Notwithstanding any other provisions of law, all state officers or department heads, including the legislature, judicial and institution heads, shall report on all employees and all accessions and separations relating to their agencies.

M.G.L. c. 30, § 38A Price adjustment clause in contracts for road, bridge, water and sewer projects awarded under Sec. 39M

c. 30, § 38A. Price adjustment clause in contracts for road, bridge, water and sewer projects awarded under Sec. 39M Section 38A. Contracts for road and bridge projects awarded as a result of a proposal or invitation for bids under section 39M shall include a price adjustment clause for each of the following materials: fuel, both diesel and gasoline; asphalt; concrete; and steel. Contracts for water and sewer projects awarded as a result of a proposal or invitation for bids under said section 39M shall include a price adjustment clause for fuel, both diesel and gasoline; liquid asphalt; and portland cement contained in cast-in-place concrete. A base price for each material shall be set by the awarding authority or agency and shall be included in the bid documents at the time the project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material. The price adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds plus or minus 5 per cent.

M.G.L. c. 30, § 39A Construction contracts for public ways, airports or public works; truck rentals; security for payment

c. 30, § 39A. Construction contracts for public ways, airports or public works; truck rentals; security for payment Section 39A. Officers or agents executing a contract in behalf of the commonwealth or any agency thereof, or in behalf of any political subdivision thereof, for the construction, repair, alteration or improvement of public ways, airports or similar public works, wherein it is contemplated that dump trucks will be hired from common or contract carriers for use in the prosecution of such contract or for the delivery of materials to be incorporated in such work, shall obtain from the general or prime contractor, in addition to the security required by section thirty-nine, sufficient security for payment of all such rental or transportation charges for the hire or use of such dump trucks upon such contract, whether such charges are incurred by the contractor, subcontractor or suppliers or transporters of materials to be incorporated in the work. Such security for payment of transportation charges shall be incorporated by appropriate reference thereto as an additional obligation or condition in the general bond required by section thirty-nine. If required by the general or prime contractor, any subcontractor or supplier of materials who rents dump trucks from common or contract carriers in the prosecution of his work or for the transportation or delivery of materials to be incorporated in the work shall furnish to the general contractor a payment bond written by a surety company as security for payment of all such rental and transportation charges which he may incur on such contract and to indemnify and save harmless the general contractor from such liability. In order to obtain the benefit of such security, the claimant shall file with the contracting officer or agency a sworn statement of his claim within sixty days after the transportation has been furnished or provided, and shall within one year after the filing of such claim, file a petition in the superior court for the proper county to enforce his claim or intervene in a petition already filed; and the provisions of chapter two hundred and fifty-eight shall apply to such petition; provided, that, notwithstanding the foregoing, in case a petition has been duly filed hereunder, any other person who has duly filed a claim solely for transportation furnished or provided in connection with a certain public works project, may obtain his rights in the following manner: the court, before making final disposition of such petition, shall examine all claims which may arise under this section and which have been duly filed in accordance herewith; may determine the respective amounts due such claimants and their rights to participate in the security and apply the security to the claimants held entitled thereto; and the court shall have the power and authority to compel the attendance of any official, with whom such claim may be on file, with such claims. The court may require such officials to furnish for the use of the court copies of any such claim as may be on file. Any claimant whose claim has been duly filed shall have the right to appear at any hearings on any petition without formally intervening by any pleadings, and may object, except or appeal from any ruling or decision adversely affecting his claim to the same extent and in the same manner as though he had intervened by formal pleadings. A general or prime contractor against whom final judgment has been entered as a result of claims arising out of transportation charges incurred by a sub-contractor or materials supplier on any such contract may file a petition in the superior court for the proper county to enforce his claim for reimbursement from such sub-contractor or materials supplier within one year after the date of final judgment.

M.G.L. c. 30, § 39B Construction contracts for public ways, airports or public works; dump trucks; schedule of rates; disputes

c. 30, § 39B. Construction contracts for public ways, airports or public works; dump trucks; schedule of rates; disputes Section 39B. Every contract entered into by the commonwealth or any agency thereof, or in behalf of any political subdivision thereof, for the construction, repair, alteration or improvement of public ways, airports or other public works of a similar nature wherein it is contemplated that dump trucks, so called, will be hired from common or contract carriers for use in the prosecution of such contract or for the delivery or transportation of materials to be incorporated in such work, shall contain provisions setting forth in detail all applicable rates and transportation charges prescribed by the department of telecommunications and energy with respect to such common carriers and contract carriers who engage in dump-truck operations. ''Transportation charges'', as used herein, shall be defined as any charge prescribed or authorized by the department of telecommunications and energy to be paid to the owner of a dump truck who holds a certificate as a common carrier or a permit as a contract carrier whether such charge is based on an hourly rental basis, cubic yard per mile basis, ton per mile basis, or any other basis approved and authorized by said department of telecommunications and energy which is applicable to any such contract. On contracts where payment of transportation charges is being made on a cubic yard-mileage or ton-mileage basis, if any dispute shall arise between a common or contract carrier and a contractor, sub-contractor or materials supplier as to the proper mileage or carrying capacity of any vehicle on which payment is based, such dispute may be referred by either party to the contracting officer or agency of the commonwealth, or in behalf of any political subdivision thereof, for decision. In such cases the contracting office or agency shall cause the mileage from the loading point or source of supply to the nearest point of delivery on said contract to be computed, or shall cause the carrying capacity of such vehicle to be measured and determined. Such determination of facts shall be conclusive and binding upon both parties and shall be used as the basis for payment to all carriers in accordance with rates prescribed by the department of telecommunications and energy for the mileage and carrying capacity of each vehicle as determined.

M.G.L. c. 30, § 39C Actions under Sec. 39A; forbidden defenses

c. 30, § 39C. Actions under Sec. 39A; forbidden defenses Section 39C. In any action or claim instituted under section thirty-nine A, it shall be no defense that any common carrier or contract carrier, who has furnished or provided transportation on any such contract, agreed to accept less than the minimum rates and charges prescribed by the department of telecommunications and energy or that such carrier voluntarily made rebates or refunds. In any such action any common carrier or contract carrier shall be entitled to recover the established minimum rates even though the original invoices were presented incorrectly because of the use of threats, intimidation or coercion of any kind.

M.G.L. c. 30, § 39D Additional security

c. 30, § 39D. Additional security Section 39D. Nothing contained in section thirty-nine A shall be construed as limiting the authority of an officer or agent of the commonwealth, or in behalf of any political subdivision thereof, to require other performance or payment bonds whenever required or permitted by law.

M.G.L. c. 30, § 39E Inducing rebates or refunds of transportation charges; penalties

c. 30, § 39E. Inducing rebates or refunds of transportation charges; penalties Section 39E. Whoever, by force or the use of threats, intimidation or coercion of any kind, induces any common carrier or contract carrier or the person who has furnished or provided transportation on any contract for which a payment bond is required under section thirty-nine A to make a rebate or refund of any transportation charges or to give up any part of any payment to which he is legally entitled or to render an incorrect bill for less than the established minimum rates and charges prescribed by the department of telecommunications and energy shall be punished for a first offense by a fine of one thousand dollars, for a second offense by a fine of fifteen hundred dollars and for any subsequent offense by a fine of two thousand dollars.

M.G.L. c. 30, § 39F Construction contracts; assignment and subrogation; subcontractor defined; enforcement of claim for direct payment; deposit, reduction of disputed amounts

c. 30, § 39F. Construction contracts; assignment and subrogation; subcontractor defined; enforcement of claim for direct payment; deposit, reduction of disputed amounts Section 39F. (1) Every contract awarded pursuant to sections forty-four A to L, inclusive, of chapter one hundred and forty-nine shall contain the following subparagraphs (a) through (i) and every contract awarded pursuant to section thirty-nine M of chapter thirty shall contain the following subparagraphs (a) through (h) and in each case those subparagraphs shall be binding between the general contractor and each subcontractor. (a) Forthwith after the general contractor receives payment on account of a periodic estimate, the general contractor shall pay to each subcontractor the amount paid for the labor performed and the materials furnished by that subcontractor, less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor. (b) Not later than the sixty-fifth day after each subcontractor substantially completes his work in accordance with the plans and specifications, the entire balance due under the subcontract less amounts retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, shall be due the subcontractor; and the awarding authority shall pay that amount to the general contractor. The general contractor shall forthwith pay to the subcontractor the full amount received from the awarding authority less any amount specified in any court proceedings barring such payment and also less any amount claimed due from the subcontractor by the general contractor. (c) Each payment made by the awarding authority to the general contractor pursuant to subparagraphs (a) and (b) of this paragraph for the labor performed and the materials furnished by a subcontractor shall be made to the general contractor for the account of that subcontractor; and the awarding authority shall take reasonable steps to compel the general contractor to make each such payment to each such subcontractor. If the awarding authority has received a demand for direct payment from a subcontractor for any amount which has already been included in a payment to the general contractor or which is to be included in a payment to the general contractor for payment to the subcontractor as provided in subparagraphs (a) and (b), the awarding authority shall act upon the demand as provided in this section. (d) If, within seventy days after the subcontractor has substantially completed the subcontract work, the subcontractor has not received from the general contractor the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount retained by the awarding authority as the estimated cost of completing the incomplete and unsatisfactory items of work, the subcontractor may demand direct payment of that balance from the awarding authority. The demand shall be by a sworn statement delivered to or sent by certified mail to the awarding authority, and a copy shall be delivered to or sent by certified mail to the general contractor at the same time. The demand shall contain a detailed breakdown of the balance due under the subcontract and also a statement of the status of completion of the subcontract work. Any demand made after substantial completion of the subcontract work shall be valid even if delivered or mailed prior to the seventieth day after the subcontractor has substantially completed the subcontract work. Within ten days after the subcontractor has delivered or so mailed the demand to the awarding authority and delivered or so mailed a copy to the general contractor, the general contractor may reply to the demand. The reply shall be by a sworn statement delivered to or sent by certified mail to the awarding authority and a copy shall be delivered to or sent by certified mail to the subcontractor at the same time. The reply shall contain a detailed breakdown of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor and of the amount due for each claim made by the general contractor against the subcontractor. (e) Within fifteen days after receipt of the demand by the awarding authority, but in no event prior to the seventieth day after substantial completion of the subcontract work, the awarding authority shall make direct payment to the subcontractor of the balance due under the subcontract including any amount due for extra labor and materials furnished to the general contractor, less any amount (i) retained by the awarding authority as the estimated cost of completing the incomplete or unsatisfactory items of work, (ii) specified in any court proceedings barring such payment, or (iii) disputed by the general contractor in the sworn reply; provided, that the awarding authority shall not deduct from a direct payment any amount as provided in part (iii) if the reply is not sworn to, or for which the sworn reply does not contain the detailed breakdown required by subparagraph (d). The awarding authority shall make further direct payments to the subcontractor forthwith after the removal of the basis for deductions from direct payments made as provided in parts (i) and (ii) of this subparagraph. (f) The awarding authority shall forthwith deposit the amount deducted from a direct payment as provided in part (iii) of subparagraph (e) in an interest-bearing joint account in the names of the general contractor and the subcontractor in a bank in Massachusetts selected by the awarding authority or agreed upon by the general contractor and the subcontractor and shall notify the general contractor and the subcontractor of the date of the deposit and the bank receiving the deposit. The bank shall pay the amount in the account, including accrued interest, as provided in an agreement between the general contractor and the subcontractor or as determined by decree of a court of competent jurisdiction. (g) All direct payments and all deductions from demands for direct payments deposited in an interest-bearing account or accounts in a bank pursuant to subparagraph (f) shall be made out of amounts payable to the general contractor at the time of receipt of a demand for direct payment from a subcontractor and out of amounts which later become payable to the general contractor and in the order of receipt of such demands from subcontractors. All direct payments shall discharge the obligation of the awarding authority to the general contractor to the extent of such payment. (h) The awarding authority shall deduct from payments to a general contractor amounts which, together with the deposits in interest-bearing accounts pursuant to subparagraph (f), are sufficient to satisfy all unpaid balances of demands for direct payment received from subcontractors. All such amounts shall be earmarked for such direct payments, and the subcontractors shall have a right in such deductions prior to any claims against such amounts by creditors of the general contractor. (i) If the subcontractor does not receive payment as provided in subparagraph (a) or if the general contractor does not submit a periodic estimate for the value of the labor or materials performed or furnished by the subcontractor and the subcontractor does not receive payment for same when due less the deductions provided for in subparagraph (a), the subcontractor may demand direct payment by following the procedure in subparagraph (d) and the general contractor may file a sworn reply as provided in that same subparagraph. A demand made after the first day of the month following that for which the subcontractor performed or furnished the labor and materials for which the subcontractor seeks payment shall be valid even if delivered or mailed prior to the time payment was due on a periodic estimate from the general contractor. Thereafter the awarding authority shall proceed as provided in subparagraph (e), (f), (g) and (h). (2) Any assignment by a subcontractor of the rights under this section to a surety company furnishing a bond under the provisions of section twenty-nine of chapter one hundred forty-nine shall be invalid. The assignment and subrogation rights of the surety to amounts included in a demand for direct payment which are in the possession of the awarding authority or which are on deposit pursuant to subparagraph (f) of paragraph (1) shall be subordinate to the rights of all subcontractors who are entitled to be paid under this section and who have not been paid in full. (3) ''Subcontractor'' as used in this section (i) for contracts awarded as provided in sections forty-four A to forty-four H, inclusive, of chapter one hundred forty-nine shall mean a person who files a sub-bid and receives a subcontract as a result of that filed sub-bid or who is approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, (ii) for contracts awarded as provided in paragraph (a) of section thirty-nine M of chapter thirty shall mean a person approved by the awarding authority in writing as a person performing labor or both performing labor and furnishing materials pursuant to a contract with the general contractor, and (iii) for contracts with the commonwealth not awarded as provided in forty-four A to forty-four H, inclusive, of chapter one hundred forty-nine shall also mean a person contracting with the general contractor to supply materials used or employed in a public works project for a price in excess of five thousand dollars. (4) A general contractor or a subcontractor shall enforce a claim to any portion of the amount of a demand for direct payment deposited as provided in subparagraph (f) of paragraph 1 by a petition in equity in the superior court against the other and the bank shall not be a necessary party. A subcontractor shall enforce a claim for direct payment or a right to require a deposit as provided in subparagraph (f) of paragraph 1 by a petition in equity in the superior court against the awarding authority and the general contractor shall not be a necessary party. Upon motion of any party the court shall advance for speedy trial any petition filed as provided in this paragraph. Sections fifty-nine and fifty-nine B of chapter two hundred thirty-one shall apply to such petitions. The court shall enter an interlocutory decree upon which execution shall issue for any part of a claim found due pursuant to sections fifty-nine and fifty-nine B and, upon motion of any party, shall advance for speedy trial the petition to collect the remainder of the claim. Any party aggrieved by such interlocutory decree shall have the right to appeal therefrom as from a final decree. The court shall not consolidate for trial the petition of any subcontractor with the petition of one or more subcontractors or the same general contract unless the court finds that a substantial portion of the evidence of the same events during the course of construction (other than the fact that the claims sought to be consolidated arise under the same general contract) is applicable to the petitions sought to be consolidated and that such consolidation will prevent unnecessary duplication of evidence. A decree in any such proceeding shall not include interest on the disputed amount deposited in excess of the interest earned for the period of any such deposit. No person except a subcontractor filing a demand for direct payment for which no funds due the general contractor are available for direct payment shall have a right to file a petition in court of equity against the awarding authority claiming a demand for direct payment is premature and such subcontractor must file the petition before the awarding authority has made a direct payment to the subcontractor and has made a deposit of the disputed portion as provided in part (iii) of subparagraph (e) and in subparagraph (f) of paragraph (1). (5) In any petition to collect any claim for which a subcontractor has filed a demand for direct payment the court shall, upon motion of the general contractor, reduce by the amount of any deposit of a disputed amount by the awarding authority as provided in part (iii) of subparagraph (e) and in subparagraph (f) of paragraph (1) any amount held under a trustee writ or pursuant to a restraining order or injunction.

M.G.L. c. 30, § 39G Completion of public works; semi-final and final estimates; payments; extra work; disputed items

c. 30, § 39G. Completion of public works; semi-final and final estimates; payments; extra work; disputed items Section 39G. Upon substantial completion of the work required by a contract with the commonwealth, or any agency or political subdivision thereof, for the construction, reconstruction, alteration, remodeling, repair or improvement of public ways, including bridges and other highway structures, sewers and, water mains, airports and other public works, the contractor shall present in writing to the awarding authority its certification that the work has been substantially completed. Within twenty-one days thereafter, the awarding authority shall present to the contractor either a written declaration that the work has been substantially completed or an itemized list of incomplete or unsatisfactory work items required by the contract sufficient to demonstrate that the work has not been substantially completed. The awarding authority may include with such list a notice setting forth a reasonable time, which shall not in any event be prior to the contract completion date, within which the contractor must achieve substantial completion of the work. In the event that the awarding authority fails to respond, by presentation of a written declaration or itemized list as aforesaid, to the contractor's certification within the twenty-one day period, the contractor's certification shall take effect as the awarding authority's declaration that the work has been substantially completed. Within sixty-five days after the effective date of a declaration of a substantial completion, the awarding authority shall prepare and forthwith send to the contractor for acceptance a substantial completion estimate for the quantity and price of the work done and all but one per cent retainage, if held by the awarding authority, on that work, including the quantity, price and all but one per cent retainage, if held by the awarding authority, for the undisputed part of each work item and extra work item in dispute but excluding the disputed part thereof, less the estimated cost of completing all incomplete and unsatisfactory work items and less the total periodic payments made to date for the work. The awarding authority also shall deduct from the substantial completion estimate an amount equal to the sum of all demands for direct payment filed by subcontractors and not yet paid to subcontractors or deposited in joint accounts pursuant to section thirty-nine F, but no contract subject to said section thirty-nine F shall contain any other provision authorizing the awarding authority to deduct any amount by virtue of claims asserted against the contract by subcontractors, material suppliers or others. If the awarding authority fails to prepare and send to the contractor any substantial completion estimate required by this section on or before the date herein above set forth, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such substantial completion estimate at the rate of three percentage points above the rediscount rate then charged by the Federal Reserve Bank of Boston from such date to the date on which the awarding authority sends that substantial completion estimate to the contractor for acceptance or to the date of payment therefor, whichever occurs first. The awarding authority shall include the amount of such interest in the substantial completion estimate. Within fifteen days after the effective date of the declaration of substantial completion, the awarding authority shall send to the contractor by certified mail, return receipt requested, a complete list of all incomplete or unsatisfactory work items, and, unless delayed by causes beyond his control, the contractor shall complete all such work items within forty-five days after the receipt of such list or before the then contract completion date, whichever is later. If the contractor fails to complete such work within such time, the awarding authority may, subsequent to seven days' written notice to the contractor by certified mail, return receipt requested, terminate the contract and complete the incomplete or unsatisfactory work items and charge the cost of same to the contractor. Within thirty days after receipt by the awarding authority of a notice from the contractor stating that all of the work required by the contract has been completed, the awarding authority shall prepare and forthwith send to the contractor for acceptance a final estimate for the quantity and price of the work done and all retainage, if held by the awarding authority, on that work less all payments made to date, unless the awarding authority's inspection shows that work items required by the contract remain incomplete or unsatisfactory, or that documentation required by the contract has not been completed. If the awarding authority fails to prepare and send to the contractor the final estimate within thirty days after receipt of notice of completion, the awarding authority shall pay to the contractor interest on the amount which would have been due to the contractor pursuant to such final estimate at the rate hereinabove provided from the thirtieth day after such completion until the date on which the awarding authority sends the final estimate to the contractor for acceptance or the date of payment therefor, whichever occurs first, provided that the awarding authority's inspection shows that no work items required by the contract remain incomplete or unsatisfactory. Interest shall not be paid hereunder on amounts for which interest is required to be paid in connection with the substantial completion estimate as hereinabove provided. The awarding authority shall include the amount of the interest required to be paid hereunder in the final estimate. The awarding authority shall pay the amount due pursuant to any substantial completion or final estimate within thirty-five days after receipt of written acceptance for such estimate from the contractor and shall pay interest on the amount due pursuant to such estimate at the rate hereinabove provided from that thirty-fifth day to the date of payment. Within 15 days, 30 days in the case of the commonwealth, after receipt from the contractor, at the place designated by the awarding authority, if such place is so designated, of a periodic estimate requesting payment of the amount due for the preceding periodic estimate period, the awarding authority shall make a periodic payment to the contractor for the work performed during the preceding periodic estimate period and for the materials not incorporated in the work but delivered and suitably stored at the site, or at some location agreed upon in writing, to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances. The awarding authority shall include with each such payment interest on the amount due pursuant to such periodic estimate at the rate herein above provided from the due date. In the case of periodic payments, the contracting authority may deduct from its payment a retention based on its estimate of the fair value of its claims against the contractor, a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and a retention to secure satisfactory performance of the contractual work not exceeding five per cent of the approved amount of any periodic payment, and the same right to retention shall apply to bonded subcontractors entitled to direct payment under section thirty-nine F of chapter thirty; provided, that a five per cent value of all items that are planted in the ground shall be deducted from the periodic payments until final acceptance. No periodic, substantial completion or final estimate or acceptance or payment thereof shall bar a contractor from reserving all rights to dispute the quantity and amount of, or the failure of the awarding authority to approve a quantity and amount of, all or part of any work item or extra work item. Substantial completion, for the purposes of this section, shall mean either that the work required by the contract has been completed except for work having a contract price of less than one per cent of the then adjusted total contract price, or substantially all of the work has been completed and opened to public use except for minor incomplete or unsatisfactory work items that do not materially impair the usefulness of the work required by the contract.

M.G.L. c. 30, § 39H Indemnification of contractors

c. 30, § 39H. Indemnification of contractors Section 39H. Every contract entered into by or on behalf of the commonwealth for the construction, reconstruction or alteration of a public way shall contain a provision whereby the commonwealth agrees to indemnify the contractor against loss by reason of the liability to pay damages to others for entry upon any land included within the boundaries of the area within which the work is to be performed as set forth in the construction contract and the plans and specifications applying to such contract or any approved alteration thereof or for damage sustained upon any lands adjoining said land by reason of the flowage or drainage of water thereto or therefrom, in any case wherein such damages result from the failure of the commonwealth to take an interest or easement in such adjoining area, provided that the commonwealth acting by an authorized representative thereof, has issued a notice in writing to the contractor prior to the making of an entry upon such premises directing or permitting him to proceed with his contract and to make such entry upon the premises for the purpose of performing the work required by said contract, or any approved alteration thereof, and provided, further, that the contractor has given notice in writing to the contracting authority within fifteen days after receiving notice of any claim to come in and settle the same and upon the commencement of any action against him to come in and defend said action, but in no event shall any such damage claim be compromised or adjusted without the written consent of the commonwealth. The provisions of this section shall in no way relieve the contractor from any liability for damage to property of others caused by his negligence or that of his employees nor shall they be construed to require the commonwealth to indemnify the contractor against any loss resulting from such acts of negligence.

M.G.L. c. 30, § 39I Deviations from plans and specifications

c. 30, § 39I. Deviations from plans and specifications Section 39I. Every contractor having a contract for the construction, alteration, maintenance, repair or demolition of, or addition to, any public building or public works for the commonwealth, or of any political subdivision thereof, shall perform all the work required by such contract in conformity with the plans and specifications contained therein. No wilful and substantial deviation from said plans and specifications shall be made unless authorized in writing by the awarding authority or by the engineer or architect in charge of the work who is duly authorized by the awarding authority to approve such deviations. In order to avoid delays in the prosecution of the work required by such contract such deviation from the plans or specifications may be authorized by a written order of the awarding authority or such engineer or architect so authorized to approve such deviation. Within thirty days thereafter, such written order shall be confirmed by a certificate of the awarding authority stating: (1) If such deviation involves any substitution or elimination of materials, fixtures or equipment, the reasons why such materials, fixtures or equipment were included in the first instance and the reasons for substitution or elimination, and, if the deviation is of any other nature, the reasons for such deviation, giving justification therefor; (2) that the specified deviation does not materially injure the project as a whole; (3) that either the work substituted for the work specified is of the same cost and quality, or that an equitable adjustment has been agreed upon between the contracting agency and the contractor and the amount in dollars of said adjustment; and (4) that the deviation is in the best interest of the contracting authority. Such certificate shall be signed under the penalties of perjury and shall be a permanent part of the file record of the work contracted for. Whoever violates any provision of this section wilfully and with intent to defraud shall be punished by a fine of not more than five thousand dollars or by imprisonment for not more than six months, or both.

M.G.L. c. 30, § 39J Public construction contracts; effect of decisions of contracting body or administrative board

c. 30, § 39J. Public construction contracts; effect of decisions of contracting body or administrative board Section 39J. Notwithstanding any contrary provision of any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or public works by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount of the contract is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, a decision, by the contracting body or by any administrative board, official or agency, or by any architect or engineer, on a dispute, whether of fact or of law, arising under said contract shall not be final or conclusive if such decision is made in bad faith, fraudulently, capriciously, or arbitrarily is unsupported by substantial evidence, or is based upon error of law.

M.G.L. c. 30, § 39K Public building construction contracts; payments

c. 30, § 39K. Public building construction contracts; payments Section 39K. Every contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building by the commonwealth, or by any county, city, town, district, board, commission or other public body, when the amount is more than five thousand dollars in the case of the commonwealth and more than two thousand dollars in the case of any county, city, town, district, board, commission or other public body, shall contain the following paragraph:— Within fifteen days (30 days in the case of the commonwealth, including local housing authorities) after receipt from the contractor, at the place designated by the awarding authority if such a place is so designated, of a periodic estimate requesting payment of the amount due for the preceding month, the awarding authority will make a periodic payment to the contractor for the work performed during the preceding month and for the materials not incorporated in the work but delivered and suitably stored at the site (or at some location agreed upon in writing) to which the contractor has title or to which a subcontractor has title and has authorized the contractor to transfer title to the awarding authority, upon certification by the contractor that he is the lawful owner and that the materials are free from all encumbrances, but less (1) a retention based on its estimate of the fair value of its claims against the contractor and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, and less (3) a retention not exceeding five per cent of the approved amount of the periodic payment. After the receipt of a periodic estimate requesting final payment and within sixty-five days after (a) the contractor fully completes the work or substantially completes the work so that the value of the work remaining to be done is, in the estimate of the awarding authority, less than one per cent of the original contract price, or (b) the contractor substantially completes the work and the awarding authority takes possession for occupancy, whichever occurs first, the awarding authority shall pay the contractor the entire balance due on the contract less (1) a retention based on its estimate of the fair value of its claims against the contractor and of the cost of completing the incomplete and unsatisfactory items of work and less (2) a retention for direct payments to subcontractors based on demands for same in accordance with the provisions of section thirty-nine F, or based on the record of payments by the contractor to the subcontractors under this contract if such record of payment indicates that the contractor has not paid subcontractors as provided in section thirty-nine F. If the awarding authority fails to make payment as herein provided, there shall be added to each such payment daily interest at the rate of three percentage points above the rediscount rate than charged by the Federal Reserve Bank of Boston commencing on the first day after said payment is due and continuing until the payment is delivered or mailed to the contractor; provided, that no interest shall be due, in any event, on the amount due on a periodic estimate for final payment until fifteen days (twenty-four days in the case of the commonwealth) after receipt of such a periodic estimate from the contractor, at the place designated by the awarding authority if such a place is so designated. The contractor agrees to pay to each subcontractor a portion of any such interest paid in accordance with the amount due each subcontractor. The awarding authority may make changes in any periodic estimate submitted by the contractor and the payment due on said periodic estimate shall be computed in accordance with the changes so made, but such changes or any requirement for a corrected periodic estimate shall not affect the due date for the periodic payment or the date for the commencement of interest charges on the amount of the periodic payment computed in accordance with the changes made, as provided herein; provided, that the awarding authority may, within seven days after receipt, return to the contractor for correction, any periodic estimate which is not in the required form or which contains computations not arithmetically correct and, in that event, the date of receipt of such periodic estimate shall be the date of receipt of the corrected periodic estimate in proper form and with arithmetically correct computations. The date of receipt of a periodic estimate received on a Saturday shall be the first working day thereafter. The provisions of section thirty-nine G shall not apply to any contract for the construction, reconstruction, alteration, remodeling, repair or demolition of any public building to which this section applies. All periodic estimates shall be submitted to the awarding authority, or to its designee as set forth in writing to the contractor, and the date of receipt by the awarding authority or its designee shall be marked on the estimate. All periodic estimates shall contain a separate item for each filed subtrade and each sub-subtrade listed in sub-bid form as required by specifications and a column listing the amount paid to each subcontractor and sub-subcontractor as of the date the periodic estimate is filed. The person making payment for the awarding authority shall add the daily interest provided for herein to each payment for each day beyond the due date based on the date of receipt marked on the estimate. A certificate of the architect to the effect that the contractor has fully or substantially completed the work shall, subject to the provisions of section thirty-nine J, be conclusive for the purposes of this section. Notwithstanding the provisions of this section, at any time after the value of the work remaining to be done is, in the estimation of the awarding authority, less than 1 per cent of the adjusted contract price, or the awarding authority has determined that the contractor has substantially completed the work and the awarding authority has taken possession for occupancy, the awarding authority may send to the general contractor by certified mail, return receipt requested, a complete and final list of all incomplete and unsatisfactory work items, including, for each item on the list, a good faith estimate of the fair and reasonable cost of completing such item. The general contractor shall then complete all such work items within 30 days of receipt of such list or before the contract completion date, whichever is later. If the general contractor fails to complete all incomplete and unsatisfactory work items within 45 days after receipt of such items furnished by the awarding authority or before the contract completion date, whichever is later, subsequent to an additional 14 days' written notice to the general contractor by certified mail, return receipt requested, the awarding authority may terminate the contract and complete the incomplete and unsatisfactory work items and charge the cost of same to the general contractor and such termination shall be without prejudice to any other rights or remedies the awarding authority may have under the contract. The awarding authority shall note any such termination in the evaluation form to be filed by the awarding authority pursuant to the provisions of section 44D of chapter 149.

M.G.L. c. 30, § 39L Public construction work by foreign corporations; restrictions and reports

c. 30, § 39L. Public construction work by foreign corporations; restrictions and reports Section 39L. The commonwealth and every county, city, town, district, board, commission or other public body which, as the awarding authority, requests proposals, bids or sub-bids for any work in the construction, reconstruction, alteration, remodeling, repair or demolition of any public building or other public works (1) shall not enter into a contract for the work with, and shall not approve as a subcontractor furnishing labor and materials for a part of the work, a foreign corporation which has not filed with the awarding authority a certificate of the state secretary stating that the corporation has complied with requirements of section 15.03 of subdivision A of Part 15 of chapter 156D and the date of compliance, and further has filed all annual reports required by section 16.22 of subdivision B of Part 16 of said chapter 156D, and (2) shall report to the state secretary and to the department of corporations and taxation any foreign corporation performing work under such contract or subcontract, and any person, other than a corporation, performing work under such contract or subcontract, and residing or having a principal place of business outside the commonwealth.

M.G.L. c. 30, § 39M Contracts for construction and materials; manner of awarding

c. 30, § 39M. Contracts for construction and materials; manner of awarding Section 39M. (a) Every contract for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of any material, as hereinafter defined, by the commonwealth, or political subdivision thereof, or by any county, city, town, district or housing authority that is and estimated by the awarding authority to cost less than $10,000 dollars shall be obtained through the exercise of sound business practices as defined in section 2 of chapter 30B. The awarding authority shall make and keep a record of each procurement that, at a minimum, shall include the name and address of the person from whom the services were procured. An awarding authority that utilizes a vendor on a statewide contract procured through the operational services division, or a blanket contract procured by the awarding authority pursuant to this section, shall be deemed to have obtained the contract through sound business practices. Every contract for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of any material, as hereinafter defined, by the commonwealth, or political subdivision thereof, or by any county, city, town, district or housing authority that is estimated by the awarding authority to cost not less than $10,000 but not more than $50,000 shall be awarded to the responsible bidder offering to perform the contract at the lowest price. The awarding authority shall make public notification of the contract and shall seek written responses from no fewer than 3 persons who customarily perform such work. For purposes of this subsection, the term ''public notification'' shall include, but need not be limited to, posting, at least 2 weeks before the time specified in the notification for the receipt of responses, the contract and scope-of-work statement: (1) on the website of the awarding authority, (2) on the COMMBUYS system administered by the operational services division, (3) in the central register published pursuant to section 20A of chapter 9 and (4) in a conspicuous place in or near the primary office of the awarding authority; provided, however, that if the awarding authority obtains a minimum of 2 written responses from a vendor list established through a blanket contract or a statewide contract procured through the operational services division, and the lowest of those written responses is deemed acceptable to the awarding authority, public notification is not required. The solicitation shall include a scope-of-work statement that defines the work to be performed and provides potential responders with sufficient information regarding the objectives and requirements of the awarding authority and the time period within which the work shall be completed. The awarding authority shall record the names and addresses of all persons from whom written responses were sought, the names of the persons submitting written responses and the date and amount of each written response. An awarding authority may utilize a vendor list established through a statewide contract procured through the operational services division to identify 1 or more of the persons from whom it will seek written responses for purposes of this subsection. An awarding authority may also procure a blanket contract to establish a listing of vendors in certain defined categories of work that are under contract to provide services for multiple individual tasks of not more than $50,000 each, and from whom written responses will be sought. Any such blanket contract procured by the awarding authority shall be procured pursuant to this section or sections 44A to 44J, inclusive, of chapter 149 which are applicable to projects over $50,000. Every contract for the construction, reconstruction, alteration, remodeling or repair of any public work, or for the purchase of any material, as hereinafter defined, by the commonwealth, or political subdivision thereof, or by any county, city, town, district or housing authority that is estimated by the awarding authority to cost more than $50,000, every contract for the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency, as defined by subsection (1) of section 44A of chapter 149, estimated to cost more than $50,000 but not more than $150,000 and, at the option of the commissioner of capital asset management and maintenance, every maintenance service contract as defined in subsection 1 of section 44A of chapter 149 by the division of capital asset management and maintenance, shall be awarded to the lowest eligible responsible bidder on the basis of competitive bids publicly opened and read by the awarding authority forthwith upon expiration of the time for the filing thereof; provided, however, that such awarding authority may reject any and all bids, if it is in the public interest to do so. The division of capital asset management and maintenance shall evaluate the performance of the contractor of a maintenance service contract, as defined in said subsection (1) of said section 44A of said chapter 149, procured pursuant to this section at the end of each maintenance service contract and keep said maintenance service contract performance evaluations on file. Every bid for such contract shall be accompanied by a bid deposit in the form of: (1) a bid bond, (2) cash, or (3) a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to the awarding authority. The amount of the bid deposit shall be 5 per cent of the value of the bid. Any person submitting a bid pursuant to this section shall, on such bid, certify as follows: The undersigned certifies under penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this paragraph the word ''person'' shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. (Name of person signing bid) (Company) This subsection shall not apply to the award of any contract subject to the provisions of sections 44A to 44J, inclusive, of chapter 149 and every such contract shall continue to be awarded as provided therein. In cases of extreme emergency: (1) caused by enemy attack, sabotage or other such hostile actions or (2) resulting from an imminent security threat explosion, fire, flood, earthquake, hurricane, tornado or other such catastrophe, an awarding authority may, without competitive bids and notwithstanding any general or special law, award contracts otherwise subject to this subsection to perform work and to purchase or rent materials and equipment, all as may be necessary for temporary repair and restoration to service of any and all public work in order to preserve the health and safety of persons or property; provided, that this exception shall not apply to any permanent reconstruction, alteration, remodeling or repair of any public work. (b) Specifications for such contracts, and specifications for contracts awarded pursuant to the provisions of said sections forty-four A to forty-four L of said chapter one hundred and forty-nine, shall be written to provide for full competition for each item of material to be furnished under the contract; except, however, that said specifications may be otherwise written for sound reasons in the public interest stated in writing in the public records of the awarding authority or promptly given in writing by the awarding authority to anyone making a written request therefor, in either instance such writing to be prepared after reasonable investigation. Every such contract shall provide that an item equal to that named or described in the said specifications may be furnished; and an item shall be considered equal to the item so named or described if, in the opinion of the awarding authority: (1) it is at least equal in quality, durability, appearance, strength and design, (2) it will perform at least equally the function imposed by the general design for the public work being contracted for or the material being purchased, and (3) it conforms substantially, even with deviations, to the detailed requirements for the item in the said specifications. For each item of material the specifications shall provide for either a minimum of three named brands of material or a description of material which can be met by a minimum of three manufacturers or producers, and for the equal of any one of said name or described materials. (c) The term ''lowest responsible and eligible bidder'' shall mean the bidder: (1) whose bid is the lowest of those bidders possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who shall certify, that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (3) who shall certify that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; (4) who, where the provisions of section 8B of chapter 29 apply, shall have been determined to be qualified thereunder; and (5) who obtains within 10 days of the notification of contract award the security by bond required under section 29 of chapter 149; provided that for the purposes of this section the term ''security by bond'' shall mean the bond of a surety company qualified to do business under the laws of the commonwealth and satisfactory to the awarding authority; provided further, that if there is more than 1 surety company, the surety companies shall be jointly and severally liable. (d) The provisions of this section shall not apply (1) to the extent that they prevent the approval of such specifications by any contributing federal agency, (2) to materials purchased under specifications of the state department of highways at prices established by the said department pursuant to advertisement and bidding in connection with work to be performed under the provisions of chapter eighty-one or chapter ninety, (3) to any transaction between the commonwealth and any of its political subdivisions or between the commonwealth and any public service corporation, and (4) to any contract of not more than $50,000 awarded by a governmental body, as defined by section two of chapter thirty B, in accordance with the provisions of section five of said chapter thirty B; and (5) to any contract solely for the purchase of material awarded by a governmental body, as defined by section 2 of chapter 30B, in accordance with section 5 of said chapter 30B, or procured through the operational services division pursuant to sections 22 and 52 of chapter 7. (e) The word ''material'' as used in this section shall mean and include any article, assembly, system, or any component part thereof.

M.G.L. c. 30, § 39M1/2 Project oversight; owner's representative; qualifications; procurement; powers and duties

c. 30, § 39M1/2. Project oversight; owner's representative; qualifications; procurement; powers and duties Section 39M1/2. (a) The following words shall have the following meanings unless the context clearly requires otherwise: ''Certified estimate of cost'', a good-faith estimate based on the best available information and made by the most senior official in the agency responsible for the contract, accounting for all expenses which could be reasonably foreseen including, but not limited to, those involving design, construction, management, acquisition and disposition of rights of way and contingency costs. ''Cost-plus basis'', a form of compensation in which a premium is added to the actual cost of service to determine a total amount to be paid. ''Major contract'', a contract by which the commonwealth or any of its public agencies or authorities is to procure the construction, repair or rehabilitation of a publicly-owned highway, railway, bridge, tunnel, building platform or any component thereof and for which the certified estimate of cost exceeds $50,000,000, or a contract or lease by which the commonwealth or any of its public agencies or authorities is to procure, directly or indirectly, the construction, repair or rehabilitation of a privately-owned, publicly-used highway, railway, bridge, tunnel, building platform or any component thereof. ''Oversight cost estimate'', an estimate developed by the commonwealth or any agency thereof, prior to the engagement of an owner's representative, of the anticipated total cost of the services of that representative. ''Owner's representative'', an individual registered by the commonwealth as a professional engineer, who has not less than 5 years of experience in the construction and supervision of construction of the type which is the subject of the pertinent major contract in nature, scope and complexity. ''Owner's representative'' shall mean an individual registered by the commonwealth as a professional engineer, who has not less than 5 years of experience in the construction and supervision of construction of the type which is the subject of the pertinent major contract in nature, scope and complexity. (b) The commonwealth or any agency or authority thereof shall engage and maintain an owner's representative to provide professional project oversight with regard to any major contract. Such representative shall be an individual employed by a corporation, partnership, sole proprietorship, joint stock company, joint venture or other entity engaged in the practice of providing project management services for public construction of the nature, scope and complexity which is the subject of the contract. A public agency may designate an existing employee as owner's representative subject to the conditions set forth in subsection (c). (c) An existing employee of a public agency may act as its owner's representative if the following conditions are met: (1) the employee meets or exceeds the qualifications set forth in subsection (b); (2) the employee has suitable experience in the construction and supervision of projects of the nature, scope and complexity of the relevant major contract; and (3) The employee and his employer have entered into a memorandum of understanding, contract or other comparable document establishing the independence of the employee as being equal to that of an owner's representative contracted from the private sector; (d) An owner's representative shall certify in writing, under the pains and penalties of perjury, that his sole responsibility shall be to the commonwealth and the agency which has retained his services. The independent owner's representative shall be wholly independent of the designer, general contractor or any subcontractor involved in the public works project and shall attest to the same in a sworn statement. (e) An owner's representative shall be subject to chapter 268A. (f) An owner's representative shall be selected and retained prior to the award of a major contract by any public agency; provided, however, that such agency shall select and procure the services of the owner's representative through a process which is documented in writing, incorporates the evaluation of qualifications and experience and is competitive in nature. The process shall utilize a system of written applications which shall be retained for inspection for a period of not less than 6 months following the selection of an owner's representative. The process shall also be promulgated in writing by the inspector general prior to the commencement of any hiring process pursuant to this section. (g) Any major contract executed prior to the selection of an owner's representative shall be null and void as against public policy. Prior to the award of any major contract, the public agency seeking to award the contract shall certify in writing to the inspector general that an owner's representative has been selected. (h) Any individual, organization or agency eligible to receive information from an owner's representative shall do so in a form and manner approved and promulgated by the inspector general. Upon receipt of such request, the owner's representative shall respond within 60 days. Such response shall contain the requested information, indicate why it is not available to the party requesting it or indicate a date certain when the information will be available and the date on which it will be provided. A party denied information pursuant to this section may appeal such denial to the inspector general. (i) The owner's representative shall conduct a peer review of engineering elements on its projects. (j) The owner's representative shall be the primary manager of cost recovery and value engineering on the project. (k) The owner's representative shall enjoy unfettered access to project work sites, documents, and correspondence. (l) The owner's representative shall file reports on the project, under oath, not later than December 31 of each year in which their contract is in effect, to the inspector general, to the secretary of transportation and public works, the house and senate chairs of the joint committee on transportation and to the state auditor. (m) The inspector general shall promulgate regulations governing the operations and actions of owner's representatives which shall include, but not be limited to, sanctions for misfeasance, malfeasance and the failure to adhere to any contracts or agreements executed pursuant to this section. (n) In no instance shall an awarding agency execute a contract that pays the independent owner's representative on a cost-plus basis. Awarding agencies shall establish an oversight cost estimate for the work of an owner's representative prior to the hiring of the owner's representative.

M.G.L. c. 30, § 39N Construction contracts; equitable adjustment in contract price for differing subsurface or latent physical conditions

c. 30, § 39N. Construction contracts; equitable adjustment in contract price for differing subsurface or latent physical conditions Section 39N. Every contract subject to section forty-four A of chapter one hundred and forty-nine or subject to section thirty-nine M of chapter thirty shall contain the following paragraph in its entirety and an awarding authority may adopt reasonable rules or regulations in conformity with that paragraph concerning the filing, investigation and settlement of such claims: If, during the progress of the work, the contractor or the awarding authority discovers that the actual subsurface or latent physical conditions encountered at the site differ substantially or materially from those shown on the plans or indicated in the contract documents either the contractor or the contracting authority may request an equitable adjustment in the contract price of the contract applying to work affected by the differing site conditions. A request for such an adjustment shall be in writing and shall be delivered by the party making such claim to the other party as soon as possible after such conditions are discovered. Upon receipt of such a claim from a contractor, or upon its own initiative, the contracting authority shall make an investigation of such physical conditions, and, if they differ substantially or materially from those shown on the plans or indicated in the contract documents or from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the plans and contract documents and are of such a nature as to cause an increase or decrease in the cost of performance of the work or a change in the construction methods required for the performance of the work which results in an increase or decrease in the cost of the work, the contracting authority shall make an equitable adjustment in the contract price and the contract shall be modified in writing accordingly.

M.G.L. c. 30, § 39O Contracts for construction and materials; suspension, delay or interruption due to order of awarding authority; adjustment in contract price; written claim

c. 30, § 39O. Contracts for construction and materials; suspension, delay or interruption due to order of awarding authority; adjustment in contract price; written claim Section 39O. Every contract subject to the provisions of section thirty-nine M of this chapter or subject to section forty-four A of chapter one hundred forty-nine shall contain the following provisions (a) and (b) in their entirety and, in the event a suspension, delay, interruption or failure to act of the awarding authority increases the cost of performance to any subcontractor, that subcontractor shall have the same rights against the general contractor for payment for an increase in the cost of his performance as provisions (a) and (b) give the general contractor against the awarding authority, but nothing in provisions (a) and (b) shall in any way change, modify or alter any other rights which the general contractor or the subcontractor may have against each other. (a) The awarding authority may order the general contractor in writing to suspend, delay, or interrupt all or any part of the work for such period of time as it may determine to be appropriate for the convenience of the awarding authority; provided however, that if there is a suspension, delay or interruption for fifteen days or more or due to a failure of the awarding authority to act within the time specified in this contract, the awarding authority shall make an adjustment in the contract price for any increase in the cost of performance of this contract but shall not include any profit to the general contractor on such increase; and provided further, that the awarding authority shall not make any adjustment in the contract price under this provision for any suspension, delay, interruption or failure to act to the extent that such is due to any cause for which this contract provides for an equitable adjustment of the contract price under any other contract provisions. (b) The general contractor must submit the amount of a claim under provision (a) to the awarding authority in writing as soon as practicable after the end of the suspension, delay, interruption or failure to act and, in any event, not later than the date of final payment under this contract and, except for costs due to a suspension order, the awarding authority shall not approve any costs in the claim incurred more than twenty days before the general contractor notified the awarding authority in writing of the act or failure to act involved in the claim.

M.G.L. c. 30, § 39P Contracts for construction and materials; awarding authority's decisions on interpretation of specifications, etc.; time limit; notice

c. 30, § 39P. Contracts for construction and materials; awarding authority's decisions on interpretation of specifications, etc.; time limit; notice Section 39P. Every contract subject to section thirty-nine M of this chapter or section forty-four A of chapter one hundred forty-nine which requires the awarding authority, any official, its architect or engineer to make a decision on interpretation of the specifications, approval of equipment, material or any other approval, or progress of the work, shall require that the decision be made promptly and, in any event, no later than thirty days after the written submission for decision; but if such decision requires extended investigation and study, the awarding authority, the official, architect or engineer shall, within thirty days after the receipt of the submission, give the party making the submission written notice of the reasons why the decision cannot be made within the thirty day period and the date by which the decision will be made.

M.G.L. c. 30, § 39Q Contracts for capital facility construction; contents; annual claims report

c. 30, § 39Q. Contracts for capital facility construction; contents; annual claims report Section 39Q. (1) Every contract awarded by any state agency as defined by section thirty-nine A of chapter seven for the construction, reconstruction, alteration, remodeling, repair or demolition of any capital facility as defined by the aforesaid section thirty-nine A shall contain the following subparagraphs (a) through (d) in their entirety: (a) Disputes regarding changes in and interpretations of the terms or scope of the contract and denials of or failures to act upon claims for payment for extra work or materials shall be resolved according to the following procedures, which shall constitute the exclusive method for resolving such disputes. Written notice of the matter in dispute shall be submitted promptly by the claimant to the chief executive official of the state agency which awarded the contract or his designee. No person or business entity having a contract with a state agency shall delay, suspend, or curtail performance under that contract as a result of any dispute subject to this section. Any disputed order, decision or action by the agency or its authorized representative shall be fully performed or complied with pending resolution of the dispute. (b) Within thirty days of submission of the dispute to the chief executive official of the state agency or his designee, he shall issue a written decision stating the reasons therefor, and shall notify the parties of their right of appeal under this section. If the official or his designee is unable to issue a decision within thirty days, he shall notify the parties to the dispute in writing of the reasons why a decision cannot be issued within thirty days and of the date by which the decision shall issue. Failure to issue a decision within the thirty-day period or within the additional time period specified in such written notice shall be deemed to constitute a denial of the claim and shall authorize resort to the appeal procedure described below. The decision of the chief executive official or his designee shall be final and conclusive unless an appeal is taken as provided below. (c) Within twenty-one calendar days of the receipt of a written decision or of the failure to issue a decision as stated in the preceding subparagraph, any aggrieved party may file a notice of claim for an adjudicatory hearing with the division of hearing officers or the aggrieved party may file an action directly in a court of competent jurisdiction and shall serve copies thereof upon all other parties in the form and manner prescribed by the rules governing the conduct of adjudicatory proceedings of the division of hearing officers. In the event an aggrieved party exercises his option to file an action directly in court as provided in the previous sentence, the twenty-one day period shall not apply to such filing and the period of filing such action shall be the same period otherwise applicable for filing a civil action in superior court. The appeal shall be referred to a hearing officer experienced in construction law and shall be prosecuted in accordance with the formal rules of procedure for the conduct of adjudicatory hearings of the division of hearing officers, except as provided below. The hearing officer shall issue a final decision as expeditiously as possible, but in no event more than one hundred and twenty calendar days after conclusion of the adjudicatory hearing, unless the decision is delayed by a request for extension of time for filing post-hearing briefs or other submissions assented to by all parties. Whenever, because an extension of time has been granted, the hearing officer is unable to issue a decision within one hundred and twenty days, he shall notify all parties of the reasons for the delay and the date when the decision will issue. Failure to issue a decision within the one hundred and twenty-day period or within the additional period specified in such written notice shall give the petitioner the right to pursue any legal remedies available to him without further delay. (d) When the amount in dispute is less than ten thousand dollars, a contractor who is party to the dispute may elect to submit the appeal to a hearing officer experienced in construction law for expedited hearing in accordance with the informal rules of practice and procedure of the division of hearing officers. An expedited hearing under this subparagraph shall be available at the sole option of the contractor. The hearing officer shall issue a decision no later than sixty days following the conclusion of any hearing conducted pursuant to this subparagraph. The hearing officer's decision shall be final and conclusive, and shall not be set aside except in cases of fraud. (2) The commissioner of administration shall require the division of hearings officers to prepare annually a report concerning the construction contract claims submitted to the division during the preceding twelve months, in such form as the commissioner shall prescribe. The report shall contain, at a minimum, the following information: the number of claims submitted; the names of all parties to each such claim; a brief description of the claim; the date of submission and of disposition of the claim; its disposition, whether by settlement, withdrawal, default or written decision; and the number of claims currently pending. The original of the report shall be submitted to the commissioner of administration by January fifteenth, and a copy shall be filed with the state librarian and shall be a public document.

M.G.L. c. 30, § 39R Keeping and maintaining of books, records and accounts; statement of management on internal accounting control; financial statements; enforcement

c. 30, § 39R. Keeping and maintaining of books, records and accounts; statement of management on internal accounting control; financial statements; enforcement Section 39R. (a) The words defined herein shall have the meaning stated below whenever they appear in this section: (1) ''Contractor'' means any person, corporation, partnership, joint venture, sole proprietorship, or other entity awarded a contract pursuant to sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven and any contract awarded or executed pursuant to section eleven C of chapter twenty-five A, section thirty-nine M of chapter thirty, or sections forty-four A to forty-four H, inclusive, of chapter one hundred and forty-nine, which is for an amount or estimated amount greater than one hundred thousand dollars. (2) ''Contract'' means any contract awarded or executed pursuant to sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven and any contract awarded or executed pursuant to section eleven C of chapter twenty-five A, section thirty-nine M of chapter thirty, or sections forty-four A through forty-four H, inclusive, of chapter one hundred and forty-nine, which is for amount or estimated amount greater than one hundred thousand dollars. (3) ''Records'' means books of original entry, accounts, checks, bank statements and all other banking documents, correspondence, memoranda, invoices, computer printouts, tapes, discs, papers and other documents or transcribed information of any type, whether expressed in ordinary or machine language. (4) ''Independent Certified Public Accountant'' means a person duly registered in good standing and entitled to practice as a certified public accountant under the laws of the place of his residence or principal office and who is in fact independent. In determining whether an accountant is independent with respect to a particular person, appropriate consideration should be given to all relationships between the accountant and that person or any affiliate thereof. Determination of an accountant's independence shall not be confined to the relationships existing in connection with the filing of reports with the awarding authority. (5) ''Audit'', when used in regard to financial statements, means an examination of records by an independent certified public accountant in accordance with generally accepted accounting principles and auditing standards for the purpose of expressing a certified opinion thereon, or, in the alternative, a qualified opinion or a declination to express an opinion for stated reasons. (6) ''Accountant's Report'', when used in regard to financial statements, means a document in which an independent certified public accountant indicates the scope of the audit which he has made and sets forth his opinion regarding the financial statements taken as a whole with a listing of noted exceptions and qualifications, or an assertion to the effect that an overall opinion cannot be expressed. When an overall opinion cannot be expressed the reason therefor shall be stated. An accountant's report shall include as a part thereof a signed statement by the responsible corporate officer attesting that management has fully disclosed all material facts to the independent certified public accountant, and that the audited financial statement is a true and complete statement of the financial condition of the contractor. (7) ''Management'', when used herein, means the chief executive officers, partners, principals or other person or persons primarily responsible for the financial and operational policies and practices of the contractor. (8) Accounting terms, unless otherwise defined herein, shall have a meaning in accordance with generally accepted accounting principles and auditing standards. (b) Subsection (a)(2) hereof notwithstanding, every agreement or contract awarded or executed pursuant to sections thirty-eight A1/2 to thirty-eight O, inclusive, of chapter seven, or eleven C of chapter twenty-five A, and pursuant to section thirty-nine M of chapter thirty or to section forty-four A through H, inclusive, of chapter one hundred and forty-nine, shall provide that: (1) The contractor shall make, and keep for at least six years after final payment, books, records, and accounts which in reasonable detail accurately and fairly reflect the transactions and dispositions of the contractor, and (2) until the expiration of six years after final payment, the office of inspector general, and the commissioner of capital asset management and maintenance shall have the right to examine any books, documents, papers or records of the contractor or of his subcontractors that directly pertain to, and involve transactions relating to, the contractor or his subcontractors, and (3) if the agreement is a contract as defined herein, the contractor shall describe any change in the method of maintaining records or recording transactions which materially affect any statements filed with the awarding authority, including in his description the date of the change and reasons therefor, and shall accompany said description with a letter from the contractor's independent certified public accountant approving or otherwise commenting on the changes, and (4) if the agreement is a contract as defined herein, the contractor has filed a statement of management on internal accounting controls as set forth in paragraph (c) below prior to the execution of the contract, and (5) if the agreement is a contract as defined herein, the contractor has filed prior to the execution of the contracts and will continue to file annually, an audited financial statement for the most recent completed fiscal year as set forth in paragraph (d) below. (c) Every contractor awarded a contract shall file with the awarding authority a statement of management as to whether the system of internal accounting controls of the contractor and its subsidiaries reasonably assures that: (1) transactions are executed in accordance with management's general and specific authorization; (2) transactions are recorded as necessary i. to permit preparation of financial statements in conformity with generally accepted accounting principles, and ii. to maintain accountability for assets; (3) access to assets is permitted only in accordance with management's general or specific authorization; and (4) the recorded accountability for assets is compared with the existing assets at reasonable intervals and appropriate action was taken with respect to any difference. Every contractor awarded a contract shall also file with the awarding authority a statement prepared and signed by an independent certified public accountant, stating that he has examined the statement of management on internal accounting controls, and expressing an opinion as to (1) whether the representations of management in response to this paragraph and paragraph (b) above are consistent with the result of management's evaluation of the system of internal accounting controls; and (2) whether such representations of management are, in addition, reasonable with respect to transactions and assets in amounts which would be material when measured in relation to the applicant's financial statements. (d) Every contractor awarded a contract by the commonwealth or by any political subdivision thereof shall annually file with the commissioner of capital asset management and maintenance during the term of the contract a financial statement prepared by an independent certified public accountant on the basis of an audit by such accountant. The final statement filed shall include the date of final payment. All statements shall be accompanied by an accountant's report. Such statements shall be made available to the awarding authority upon request. (e) The office of inspector general, the commissioner of capital asset management and maintenance and any other awarding authority shall enforce the provisions of this section. The commissioner of capital asset management and maintenance may after providing an opportunity for the inspector general and other interested parties to comment, promulgate pursuant to the provisions of chapter thirty A such rules, regulations and guidelines as are necessary to effectuate the purposes of this section. Such rules, regulations and guidelines may be applicable to all awarding authorities. A contractor's failure to satisfy any of the requirements of this section may be grounds for debarment pursuant to section forty-four C of chapter one hundred and forty-nine. (f) Records and statements required to be made, kept or filed under the provisions of this section shall not be public records as defined in section seven of chapter four and shall not be open to public inspection; provided, however, that such records and statements shall be made available pursuant to the provisions of clause (2) of paragraph (b).

M.G.L. c. 30, § 39S Contracts for construction; requirements

c. 30, § 39S. Contracts for construction; requirements Section 39S. (a) As used in this section the word ''person'' shall mean any natural person, joint venture, partnership corporation or other business or legal entity. Any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, alteration, remodeling or repair of any public work by the commonwealth, or political subdivision thereof, or by any county, city, town, district, or housing authority, and estimated by the awarding authority to cost more than $10,000, and any person submitting a bid for, or signing a contract to work on, the construction, reconstruction, installation, demolition, maintenance or repair of any building by a public agency, estimated to cost more than $10,000, shall certify on the bid, or contract, under penalties of perjury, as follows: (1) that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (2) that all employees to be employed at the worksite will have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration at the time the employee begins work and who shall furnish documentation of successful completion of said course with the first certified payroll report for each employee; and (3) that all employees to be employed in the work subject to this bid have successfully completed a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration. (b) Any employee found on a worksite subject to this section without documentation of successful completion of a course in construction safety and health approved by the United States Occupational Safety and Health Administration that is at least 10 hours in duration shall be subject to immediate removal. (c) The attorney general, or his designee, shall have the power to enforce this section including the power to institute and prosecute proceedings in the superior court to restrain the award of contracts and the performance of contracts in all cases where, after investigation of the facts, he has made a finding that the award or performance has resulted in violation, directly or indirectly, of subsection (b), and he shall not be required to pay to the clerk of the court an entry fee in connection with the institution of the proceeding.

M.G.L. c. 30, § 39T Controlled insurance program

c. 30, § 39T. Controlled insurance program Section 39T. Notwithstanding section 8 of chapter 268A, section 44F of chapter 149 or section 8 of chapter 149A, any agency of the commonwealth may, in the agency's discretion, implement a controlled insurance program on any single project or by pooling more than 1 project into a combined or rolling program, including, but not limited to: (i) the division of capital asset management and maintenance; (ii) the Massachusetts Department of Transportation or any division or authority thereof; (iii) the Massachusetts Port Authority; (iv) the Massachusetts Water Resources Authority; (v) the Massachusetts State College Building Authority; (vi) the University of Massachusetts Building Authority; and (vii) the Massachusetts Convention Center Authority. For the purposes of this section, a ''controlled insurance program'' means that the awarding authority bears the costs and benefits of 1 or more of the usual categories of insurance required for such a project or projects, including, but not limited to, general liability, completed operations, excess umbrella and workers' compensation insurance covering the awarding authority, the general contractor or construction manager at risk, the owner's project manager and all subcontractors performing work on site.

M.G.L. c. 30, § 40 Discharge or release of bonds

c. 30, § 40. Discharge or release of bonds Section 40. Bonds given to the commonwealth, any county, city, town or political subdivision to secure the performance of contracts for the construction or repair of public buildings or other public works may be discharged or released by the awarding authority, upon such terms as it deems expedient, after the expiration of one year from the time of completion, subject to section thirty-nine K, of the work contracted to be done; provided that no claim filed under said bond is pending, and provided further, that no such bonds shall be discharged or released prior to the expiration of all special guarantees provided for in the contract unless new bonds in substitution therefor specifically relating to the unexpired guarantees shall be taken.

M.G.L. c. 30, § 41 State institutions; sales of property; itemized accounts

c. 30, § 41. State institutions; sales of property; itemized accounts Section 41. If sales of property of the commonwealth are made by any officer of a state institution, the superintendent thereof shall submit to the trustees or other supervising board or officer an itemized account, on oath, of such sales, for their approval in the same manner as accounts for materials and supplies for such institutions are approved, and such account shall be filed with the state treasurer when the proceeds are paid over to him.

M.G.L. c. 30, § 42 Records conservation board; composition; powers and duties; sale or destruction of records; records defined; inquiries from departments or agencies

c. 30, § 42. Records conservation board; composition; powers and duties; sale or destruction of records; records defined; inquiries from departments or agencies Section 42. The state librarian, the attorney general, the state comptroller, the commissioner of administration, the supervisor of public records, the secretary of technology services and security and the chief of the archives division in the department of the state secretary, hereinafter called the archivist, or persons designated by them, shall act as a board, to be known as the records conservation board, of which board the archivist shall be secretary. The board, after consultation with the executive head of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or of any authority established by the general court to serve a public purpose or a person designated by such executive head may, either by its own motion or on the request of said executive head, sell or destroy, from time to time, all records in accordance with disposal schedules which shall have been submitted to said board and either approved or modified by said board or the board may authorize such sale or destruction. Until such action shall have been taken, all such records shall remain the property, as the case may be, of the commonwealth or an authority including an authority established by the general court to serve a public purpose. The board shall have power to require all departments of the commonwealth to report to it what series of records they hold, to set standards for the management and preservation of such records, and to establish schedules for the destruction, in whole, or in part, and transfer to the archives or another appropriate division within the office of the state secretary, in whole, or in part, of records no longer needed for current business. Nothing in this section shall affect judicial or legislative records, lessen the existing powers of the executive office for administration and finance, or compel any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or of any authority established by the general court to serve a public purpose to surrender records it deems of current use. Records may be kept in the archives or in another appropriate division within the office of the state secretary, under reasonable restrictions as to access, for a reasonable length of time; provided, that such restrictions are in writing and accepted by the records conservation board at a meeting at which the attorney general, or his designee, is present. At least thirty days before selling or destroying any records so kept in the archives or another appropriate division within the office of the state secretary, the board may publish in a daily newspaper in Boston a notice of its intention to do so, containing a brief description of the articles to be sold or destroyed, and it shall give such other and further notice as it deems advisable to historical societies or persons interested in the matter. The board may, before selling or destroying any particular records, books, vouchers or documents, give a public hearing to all persons interested, and ten days' notice of such hearing shall be given in a daily newspaper published in Boston. The proceeds, if any, of a sale by the board of any records shall be paid to the state treasurer or to the treasurer of an authority, including an authority established by the general court to serve a public purpose, whose records were the subject of the sale. As used in this section, the words ''records'' shall mean all books, papers, maps, photographs, recorded tapes, financial statements, statistical tabulations, or other documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or of any authority established by the general court to serve a public purpose. Any agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or of any authority established by the general court to serve a public purpose in doubt as to whether certain materials are records shall make inquiry thereof in writing to the records conservation board which shall determine the question.

M.G.L. c. 30, § 43 Fees for copying records; keeping by employees; penalties

c. 30, § 43. Fees for copying records; keeping by employees; penalties Section 43. No person employed in any state department shall receive for his own use any fee for copying public records or documents, or for other services during office hours, but all fees therefor shall be paid to the commonwealth. Whoever violates this section shall be punished by a fine of not more than one hundred dollars and shall be disqualified for employment in any state department.

M.G.L. c. 30, § 44 Employees as agents for others; sale of lands

c. 30, § 44. Employees as agents for others; sale of lands Section 44. No officer or employee of the commonwealth shall act as agent or attorney of any person in a sale or conveyance of land to the commonwealth. Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars and shall be disqualified for employment in any state department.

M.G.L. c. 30, § 44A Land owned by commonwealth; sale to counties, etc.; highway purposes

c. 30, § 44A. Land owned by commonwealth; sale to counties, etc.; highway purposes Section 44A. A commissioner or head of a state department having control of any land of the commonwealth may, in the name of the commonwealth and subject to the approval of the governor and council, sell and convey to any county, city or town, or transfer to the control of another state department, so much of such land as may be necessary for the laying out or relocation of any highway.

M.G.L. c. 30, § 44B Petroleum pipe line; laying on state lands

c. 30, § 44B. Petroleum pipe line; laying on state lands Section 44B. A commissioner or head of a state department having control of any land, water, park, reservation, boulevard, parkway or highway of the commonwealth or of any metropolitan district may, in the name of the commonwealth, subject to such terms and conditions as he may deem advisable and subject also to such rules and regulations as may be promulgated by the department of fire services, grant to any person the right to lay, construct, maintain and operate pipe lines for conveying petroleum or the products or by-products thereof through, over, across or under such land, water, park, reservation, boulevard, parkway or highway, and in connection therewith may grant permission to any such person to dig up, open or tunnel under such land, water, park, reservation, boulevard, parkway or highway.

M.G.L. c. 30, § 45 Office and position classification plan; pay plan

c. 30, § 45. Office and position classification plan; pay plan Section 45. The personnel administrator shall establish, administer and keep current and complete an office and position classification plan and a pay plan of the commonwealth. (1) In pursuance of such responsibility as to the said classification plan, the said administrator shall classify all appointive offices and positions in the government of the commonwealth, excepting such offices and positions in the professional staffs serving under the governing boards of institutions of higher education, in the judicial and legislative branches, in the state ethics commission, and in the departments of the state secretary, state treasurer, state auditor and attorney general, but including clerical assistants of registers of probate and employees employed by the commissioner of probation under section ninety-eight of chapter two hundred and seventy-six, and he may from time to time reclassify any such office or position. In so classifying or reclassifying any such office or position, the said administrator (a) shall ascertain and record the duties, responsibilities, organizational relationships, qualifications for, and other significant characteristics of the office or position; (b) shall group into single classes all such offices and positions, regardless of agency or geographical location, which are substantially alike in the duties, responsibilities, organizational relationships, qualifications, and other significant characteristics; (c) for each such class shall establish specifications which shall include (i) an appropriate descriptive title and code number for the class, which shall be the official title of all offices and positions in the class and shall be set forth on all payrolls by name or code, and (ii) the common features of the duties, responsibilities and organizational relationships of, qualifications for, and other significant characteristics of all offices and positions in the class; and (d) may from time to time establish new classes and alter, divide, combine or abolish existing classes. (2) All such specifications shall be open to public inspection in the files of the human resources division within the executive office for administration and finance, where three sets of such specifications shall be maintained as follows:— (a) a list arranged alphabetically by class titles; (b) a schematic list arranged so as to show the relationships between all the said classes; and (c) a departmental list arranged so as to show for each agency, and the principal administrative units thereof, the relationships between the several classes of offices and positions in the agency and the principal administrative units thereof. The personnel administrator shall furnish to each appointing authority copies of such specifications for all offices and positions to which the appointing authority may make appointments. Any appointment to a position within the classification plan shall be terminated forthwith by said administrator whenever said administrator shall determine that the person appointed does not possess the approved qualifications for the position established by said administrator in accordance with subclause (ii) of clause (c) of paragraph (1). (3) In pursuance of his said responsibilities as to the said pay plan, the personnel administrator shall allocate, as provided in paragraph four of this section, each such office or position to the appropriate job group in the salary schedule set forth in section forty-six or forty-six C, excepting such offices and positions the pay for which is or shall be otherwise fixed by law and those the pay for which is required by law to be fixed subject to the approval of the governor and council, and he may from time to time, in like manner, reallocate any such office or position. In so allocating or reallocating any such office or position, the said administrator shall use standard, objective methods and procedures for evaluating the same so that the principle of fair and equal pay for similar work shall be followed; and all offices and positions in the same class shall be allocated to the same job group. (4) No permanent allocation or reallocation, in accordance with this section, of any office or position subject to the classification and pay plans provided by this section, shall be effected, unless and until (a) a request for such allocation or reallocation shall have been made in writing to or by the personnel administrator; (b) the written recommendation, if any, upon such request shall have been prepared by said administrator, which shall include the request, the comment and the recommendation of the appointing authority concerned which he is hereby required to make to said administrator; (c) the written recommendation complying with clauses (a) and (b) shall have been filed on or before November fifteenth, and from time to time thereafter, by the personnel administrator with the budget director and the house and senate committees on ways and means, and shall be considered as a part of the budget preparation as provided in section six of chapter twenty-nine; (d) it shall have been included in a schedule of permanent offices and positions approved by the house committee on ways and means and filed with the senate committee on ways and means, a copy of which is on file with the personnel administrator; provided, however, that during the period when the legislature is not in session, any new temporary office or position subject to the classification and pay plans provided by this section and essential for the operation of the service of the commonwealth may be temporarily classified and allocated, but shall not be effected unless and until clauses (a) and (b) shall have been complied with. (4A) No part of the sums appropriated for any agency or subdivision of a department shall be available for the payment of any temporary or excess quota position if there is a similar position vacant within the quota of permanent positions as established by the appropriation account for such agency or subdivision of a department except such temporary positions as may be authorized under paragraph (4). Except as hereinafter provided, no additional temporary positions shall be authorized. The commissioner of administration may, however, upon certification that an emergency exists requiring additional temporary assistance to perform work essential to the public interest, authorize the temporary employment of such additional personnel as may be necessary within the limits of funds available for the purpose; provided, however, that such emergency authorization shall not be extended to the succeeding fiscal year. The commissioner shall forthwith notify the house and senate committees on ways and means of the employment of such additional temporary personnel. The provisions of this paragraph shall not apply to positions essential for the care of patients or inmates in institutions or to positions essential for the educational programs in all institutions of higher education operated by the commonwealth, nor to the filling of a position under the provisions of section twenty-four B nor to a position required to correct an inequity determined as provided in sections fifty-three and fifty-six. Under no circumstances shall excess quota positions be authorized without prior approval by the house and senate committees on ways and means. (5) Subject to the approval of the commissioner of administration, the personnel administrator shall make, and from time to time may amend, rules governing the establishment and administration of the said classification and pay plans, and credits due officers or employees, subject to this section, for previous services. Such rules, and amendments thereto, shall be open to public inspection in the files of the division of personnel administration and copies thereof shall be made available to officers and employees of the commonwealth upon request. (6) In performing his duties under this section, the said administrator shall from time to time consult with the appointing authorities concerned, or their designated deputies, and may from time to time consult with representatives of officers, managers and employees of the commonwealth; and he may from time to time appoint and seek the advice of such committees of such officers, managers and employees, their representatives, and of consultants from outside the service of the commonwealth as he may consider necessary or desirable. (7) Subject to the approval of the commissioner of administration and of the house committee on ways and means and after notification to the senate committee on ways and means, the personnel administrator shall establish a pay plan for persons in training at or in any agency of the commonwealth; provided, however, that the maximum salary under said plan shall not exceed the minimum salary for job group I under the salary schedule appearing in paragraph (1) of section forty-six. (8) The foregoing provisions of this section shall be subject to the provisions of sections forty-six to fifty, inclusive, wherever the same or any of them shall apply. (9) The following words as used in sections forty-five to fifty, inclusive, and in sections fifty-three to fifty-seven, inclusive, shall have the following meanings:— ''Class'' or ''title'', a group of positions forming part of the classified service of the commonwealth established by sections forty-five to fifty, inclusive, and sufficiently similar in respect to duties and responsibilities that the same descriptive title may be used to designate all positions allocated to the class, the same general entrance qualifications may be required of incumbents of positions in the class, the same general tests of fitness may be used to choose qualified managers and employees, and the same schedule of pay may be made to apply under the same or substantially the same employment conditions. ''Class allocation'', the official initial placing of a class in a job group in the management or general salary schedule. ''Class reallocation'', the official subsequent placing of a class in a job group in the management or general salary schedule. ''Departmental list'', a listing of classes, irrespective of fields of work or job group, which are included in the authorized staff of an agency of the commonwealth, except offices and positions in the judicial and legislative branches, but including clerical assistants of registers of probate, and employees employed by the commissioner of probation under section ninety-eight of chapter two hundred and seventy-six, arranged to show the relationships between the several classes of offices and positions in said agency and in the principal administrative units thereof. ''Employee'', a person employed by the commonwealth in a non-managerial position which is allocated to the general salary schedule, whether or not such person can be represented by an employee organization under the provisions of chapter one hundred and fifty E. ''Increment'', the amount of dollars between any two consecutive step-in-range in the same job group in the management or general salary schedule. ''Job group'', a unit of the management or general salary schedule which includes all classes in the position classification plan which are sufficiently comparable in value as regards duties and responsibilities, irrespective of the field of work of which they form a part, so that the same salary range may be made to apply to all classes in the same unit of the management or general salary schedule. ''Manager'', a person appointed to a managerial position which is allocated to the management salary schedule and designated as a managerial employee under the provisions of chapter one hundred and fifty E. ''Position'', a job which may be held by an individual, manager or employee. There may be more than one position in the same class. ''Position allocation'', the initial official placing of a position in a class forming part of the position classification plan of the commonwealth. ''Position classification plan'', the plan resulting from position allocations pertaining to the personal services of the commonwealth, except offices and positions in the judicial and legislative branches, but including clerical assistants of registers of probate. ''Position reallocation'', any subsequent official placing of a position in a class forming part of the position classification plan of the commonwealth. ''Professional data processing positions'', classes of positions the duties of which require the incumbent thereof to have obtained through advanced technical training and education knowledge of the design, internal functions and characteristics of computers and computer software in order that he can perform the data processing functions necessary for implementation of any data processing automation plans or classes of positions the duties of which require the incumbent thereof to have obtained through advanced technical training and education the ability to enhance, modify, or add to the functions of computer operating systems. ''Salary range'', a range of salaries from a specified minimum to a specified maximum amount as applied to a job group. ''Schematic list'', a list of classes of offices or positions in all agencies of the commonwealth, except offices and positions in the judicial and legislative branches, but including clerical assistants of registers of probate, and employees employed by the commissioner of probation under section ninety-eight of chapter two hundred and seventy-six, all performing duties primarily in the same field of work, irrespective of department or job group, so arranged therein to show their relative position or degree of importance in the position classification plan of the commonwealth and to show the relationships between all the said classes. ''Specification'', a description of the characteristic duties and requirements of a single class. ''Step-in-range'' or ''increment step'', one of the divisions of a salary range in a job group at which a manager or employee is compensated.

M.G.L. c. 30, § 46 Administration of classification and pay plans

c. 30, § 46. Administration of classification and pay plans Section 46. (1) The following shall be the salary schedule for the pay plan of the commonwealth:— The above schedule shall not apply to salaries payable to employees who are represented by an employee organization certified by the labor relations commission or recognized by a public employer as an exclusive representative under the provisions of section four of chapter one hundred and fifty E; nor to salaries payable to part-time or intermittent employees, so-called, who because of the insufficient number of hours worked are not so represented; nor to the salaries of employees who are incumbents of positions which are not certified to a collective bargaining unit but which are listed on a petition filed by the commissioner of administration and entered with the said labor relations commission, which petition seeks the certification of such classes to a collective bargaining unit; nor to the salaries payable to employees of a public institution of higher education who are incumbents of positions in classes which are not certified to a collective bargaining unit represented by an employee organization certified by the labor relations commission or recognized by a public employer as the exclusive representative under the provisions of said section four of said chapter one hundred and fifty E but where other positions in the same classes are so certified or recognized in a public institution of higher education; nor to the salaries payable to employees who are incumbents of positions in classes assigned to a collective bargaining unit represented by an employee organization certified by the said labor relations commission or recognized by a public employer as an exclusive representative under the provisions of said section four of said chapter one hundred and fifty E and designated confidential under the provisions of section one of said chapter. The salaries payable to such part-time or intermittent employees shall be determined in the same manner as other part-time employees who work a sufficient number of hours to be represented; the salaries payable to such employees who are incumbents of positions in classes which are not certified to a collective bargaining unit but which are listed on a petition filed with the said labor relations commission shall be determined by the personnel administrator in accordance with the collective bargaining agreement then in effect covering the unit to which said petition seeks certification; the salaries payable to employees of a public institution of higher education who are incumbents of positions in classes which are not certified to a collective bargaining unit but where other positions in the same classes are so certified or recognized shall be determined by the personnel administrator in accordance with the collective bargaining agreement covering said positions in a public institution of higher education; and, the salaries payable to such employees who are incumbents of positions designated confidential shall be determined by the personnel administrator in accordance with the provisions of the collective bargaining agreement then in effect which would otherwise cover said positions. Except as otherwise provided by law, after a person has been allocated to the above salary schedule, he must render a minimum of one year of service in the step-in-range of the job group to which his office or position has been allocated before he can be moved into the next higher step-in-range of the same job group; provided, however, when computing the date when salary increments shall become due after the initial allocation to a step-in-range, subsequent steps shall be due annually on the anniversary of the effective date of assignment to a rate within a salary grade in the salary schedule in effect immediately prior to October first, nineteen hundred and fifty-six; and, provided further, in the event a person has already served a period in excess of twelve months in said step-in-range in the salary schedule in effect prior to said date, the increment step to the next step-in-range shall be due immediately upon assignment to a step-in-range on said date. (1A) Any employee serving a minimum of twelve years as deputy income tax assessor in the income tax division of the department of corporations and taxation shall automatically be promoted to the position of income tax assessor. (1B) Any employee in the income tax division of the department of corporations and taxation, appointed with the advice and consent of the governor and council under section four of chapter fourteen of the General Laws, and having charge of a district office or of the subdivisions of partnership, abatements, auditing, assessing, fiduciary, corporation information and miscellaneous, administration, correspondence, domicile, files, special investigation and any other subdivision within said income tax division serving in such position on January first, nineteen hundred and fifty-one, and any employee so appointed who shall after said date succeed to and be the appointee in charge of said district offices or of said subdivisions on account of the promotion, resignation, retirement or death of the then serving incumbent, shall be promoted to and hold the position of assistant income tax director. (2) For purposes of salary increments provided for in the general salary schedule, a year of service shall be a period of fifty-two weeks of work. Increments shall commence on the first day of the payroll period in which such increments fall; provided, however, that if an employee is off the payroll for one or more days, such increment shall be postponed in accordance with the rules and regulations of the division of personnel administration. Notwithstanding the contrary provisions of any rule or law, the service of an employee of the commonwealth, who has been elected to a state office and who is on leave of absence while performing the duties of such elected office, shall be considered as service for salary increments in the job group from which he received a leave of absence. (2A) For the purpose of determining the date of initial employment, the period of service under an interim appointment, as defined in chapter thirty-one, shall be included as creditable service for such employee who subsequently receives a permanent, temporary or provisional appointment to a position of the same title. (3) Daily rates of all employees shall be computed on the basis of their assigned Job Groups. (4) Every regular step-rate increase in the salary of any office or employee of the commonwealth under the salary schedule set forth in this section shall be initiated by the division of personnel administration, in accordance with said salary schedule, and shall take effect in accordance with the said schedule upon certification of such increase by the personnel administrator to the comptroller and the appointing authority concerned. In the case of each teacher and each supervisor employed in any school or college within any department of the commonwealth whose regular service is rendered from September first to June thirtieth, salary increments due such person, notwithstanding the provisions of paragraph (2) of this section, shall take effect in the first week of September or in the first week of February, as the case may be, after periods of service as established in the General Laws. Such certification must be sent at least thirty days before the effective date of such step-rate salary increase. The said appointing authority may, in writing to the personnel administrator not later than fifteen days before such effective date, object thereto, stating reasons therefor and furnishing a copy thereof to the said officer or employee, in which event said administrator shall, in writing not later than five days preceding the date when the increase otherwise would have taken effect, remove such certification; and the appointing authority shall forthwith notify such officer or employee. In the event that a step-rate increase has been denied an officer or employee of the commonwealth by the appointing authority, the appointing authority may recommend that such denial be removed and such step-rate increase be granted. The personnel administrator thereupon shall certify such increase in the manner provided for above in the case of regular step-rate increases, and such step-rate increase shall become effective upon such certification. If a step-rate increase is denied any officer or employee under the provisions of this section, such officer or employee may appeal for review of such decision before the civil service commission. The said recommendations and reasons of the said appointing authority shall be open to public inspection in the files of the division of personnel administration. (5) The said administrator may, with the approval of the commissioner of administration, permit the recruitment of employees at a rate above the minimum, but not exceeding the maximum, of the job group salary range for the class concerned; provided, however, that the said administrator shall have first determined, upon request of the appointing authority, that an emergency exists due to inability to fill positions. Any such permit shall remain in effect until rescinded by the said administrator, but shall not be in effect longer than one year unless renewed in like manner and with like approval. Whenever the said administrator shall permit such recruitment, all employees in the same class being paid a rate or rates below such rate of recruitment shall be advanced to the said recruitment rate. (5A) In accordance with regulations established by the personnel administrator with the approval of the commissioner of administration, designating certain classes as professional classes, an appointing authority may, in the initial appointment of a person to a position in such class, recruit such person at a rate above the minimum and within the grade to which the position is allocated, upon certification by said appointing authority to the administrator that the person to be employed has served satisfactorily in a comparable position for a period of time equivalent to the period required by the general salary schedule had such service been entirely in the service of the commonwealth, and, in the case of an office in or position with any department, agency, board, commission or institution within any of the executive offices established by chapters six A and seven, upon the prior written approval of the secretary having charge of such executive office. For the purpose of such regulations, professional classes shall include, but shall not be limited to, classes including positions for registered nurses and persons employed in medical or technical positions in hospitals and clinics, including the administration thereof, persons employed for the instruction of students and engineers and chemists. Nothing in this section shall be construed to limit the recruitment of personnel under the provisions of section fourteen of chapter seventy-five. No person may be recruited under this section if he has held a personal services contract with or been in the service of the commonwealth within a twelve-month period immediately prior to the date of proposed recruitment. (5B) The said administrator shall, with the approval of the commissioner of administration, designate certain classes of nonmanagerial positions as professional data processing positions, as defined in paragraph (9) of section forty-five, and he shall submit, in writing, to the budget director and the house and senate committees on ways and means a list of classes so designated. Appointments to such positions shall not be subject to the provisions of section nine A, section forty-five, and chapter thirty-one. The salaries of such positions shall be determined annually by the commissioner of administration on or before June first after recommendation by the personnel administrator, who shall make such recommendation annually on or before May first after having conducted an analysis of salaries for the same or similar types of positions paid by other governments and by private employers with which the commonwealth competes in securing qualified applicants for such positions. Any person transferred or promoted to any such position from a position in which he had rights or tenure under section nine A, chapter thirty-one, or any other general or special law, shall, upon termination of his services in such professional data processing position, if he so requests, be restored to the position from which he was transferred or promoted, or to a position equivalent thereto in salary grade in the same agency, without impairment of his tenure, seniority, retirement and other rights to which uninterrupted service in such position would have entitled him; provided, however, that if his service in such professional data processing position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by the said commission in administering chapter thirty-one. (6) When in accordance with sections forty-five to fifty, inclusive, the office of any officer or the position of any employee shall be initially allocated to a job group in the salary schedule, or shall be reallocated to a higher job group, or when in accordance with the said sections any officer or employee shall be transferred or promoted to another position in a different job group, any such officer or employee, for subsequent step-rate increases, shall be credited with the number of years of service which shall correspond to his rate in the job group for such office or position. Any officer or employee reinstated or reemployed, if reinstated or reemployed within three years following his separation from the payroll, shall be credited with the number of years of service which shall correspond to his rate in the job group to which his office or position at the time of such separation shall then have been allocated; but in no event shall he be paid at a rate lower than that which he shall have been receiving at the time of such separation. Such credit for any employee reinstated or reemployed after three or more years following such separation shall be determined in accordance with rules of the personnel administrator. (7) Whenever an employee receives a promotion to a position in a higher job group, his rate shall be the next higher rate in said higher job group, or the second next higher rate therein if such new salary rate would result in an increase of salary smaller in amount than the salary increment for such higher job group; however, if a teacher or supervisor employed in any school or college within any department of the commonwealth is transferred from a position, in which the regular service is rendered from September first to June thirtieth, to a position in which the regular service is rendered for the entire year, he shall be reallocated in the salary schedule from the rate in the salary schedule in effect immediately prior to such transfer to the corresponding step-in-range in the job group which includes the class to which he has been transferred. (8) An employee who is demoted to a position in a lower job group shall receive the salary to which his period of service would entitle him if his service had been rendered in such position in the lower job group, but not less than the employee would have been entitled to had his service been continuously in such position in the lower job group. (9) No increase in salary shall be effective for any position before the effective date of the appropriation act which includes an appropriation made for the purpose of, and sufficient to cover, the cost of such increase. (10) Rates of compensation in the salary schedule are for work hours as provided in section thirty A of chapter one hundred and forty-nine. (11) An employee serving on a part time basis as certified by the appointing authority shall be entitled to the provisions of this chapter in the proportion that his service bears to full time service. (12) Notwithstanding the provisions of any general or special law to the contrary, no employee shall receive compensation from any agency, department, commission, board or other undertaking of the commonwealth if said employee is also a non-elected employee of a county and would receive compensation from such county in excess of twenty thousand dollars or, in the case of court officers of the trial court of the commonwealth employed by courts located in Dukes and Nantucket counties, in excess of twenty-seven thousand dollars. Any employee covered by the provisions of this paragraph shall have thirty days prior to separation from the payroll of the commonwealth within which to resign from the employ of each county.

M.G.L. c. 30, § 46C Management pay plan

c. 30, § 46C. Management pay plan Section 46C. (1) The following shall be the salary schedule for the management pay plan of the commonwealth: Except as otherwise provided by law all management positions shall be classified according to the provisions of section forty-five and allocated to a job group in the above schedule; provided, however, that such schedule shall not apply to salaries payable to employees who are represented by an employee organization certified by the labor relations commission or recognized by a public employer as an exclusive representative under the provisions of section four of chapter one hundred and fifty E; nor to salaries payable to employees holding offices or positions which are allocated to the salary schedule appearing in paragraph (1) of section forty-six of chapter thirty. (2) The increment step provided in the management salary schedule shall be computed in the manner and granted under the following conditions. Except as otherwise provided by this section, after a person has been initially allocated to the above management salary schedule, he must render a minimum of one year of service in the step-in-range of the job group to which his office or position has been allocated before he can be moved into the next higher step-in-range of the same job group; provided, however, that when computing the date when salary increments shall become available after the initial allocation to a step-in-range, subsequent steps shall be available annually on the anniversary of the effective date of assignment to a rate within a salary grade in the salary schedule in effect for his position immediately prior to June twenty-eighth, nineteen hundred and eighty-one; and, provided, further, that in the event a person has already served a period in excess of twelve months in step-in-range in the salary schedule in effect prior to said date, the increment step to the next step-in-range shall be due immediately upon assignment to a step-in-range on said date. For the purposes of salary increments provided for in the management salary schedule, a year of service shall be a period of fifty-two weeks of work. When approved, increments shall commence on the first day of the payroll period in which such increments fall; provided, however, that if a manager is off a payroll for one or more days, such increment shall be postponed in accordance with the rules and regulations of the division of personnel administration. Notwithstanding the contrary provisions of a rule or law, the service of a manager of the commonwealth, who has been elected to a state office and who is on leave of absence while performing the duties of such elected office, shall be considered as service for salary increments in the job group from which he receives a leave of absence. (3) Every annual step-rate increase in the salary of any manager of the commonwealth under the management salary schedule set forth in this section shall be initiated by the division of personnel administration, in accordance with said schedule. Notice of the availability of such step-rate salary increase for each manager shall be sent to the appointing authority concerned at least sixty days before such step-rate salary increase would become effective. The said appointing authority shall, in writing to the personnel administrator not later than thirty days before such effective date, certify that upon the basis of the standard performance evaluation system prescribed by the personnel administrator the said manager should be granted such step-rate salary increase. The personnel administrator shall then certify such step-rate salary increases to the comptroller. In the event that the appointing authority does not certify that based upon the said standard performance evaluation the manager should receive such step-rate salary increase, he shall, thirty days before the effective date of such step-rate salary increase, notify the said manager and the personnel administrator in writing, stating the reasons why he has not certified that the step-rate salary increase should be granted. If a step-rate salary increase is denied a manager, under the provisions of this section, he may request a hearing before the appointing authority within five days of the notification of such denial and the appointing authority shall grant such hearing within fifteen days of the request for said hearing. In the event that a step-rate salary increase has been denied a manager by an appointing authority, the said appointing authority may subsequently recommend that such denial be removed and certify that such step-rate salary increase should be granted on the original effective date or on some later date. Upon such recommendation and certification by the appointing authority, the personnel administrator shall then certify such step-rate salary increase for the said manager to the comptroller and the step-rate salary increase shall become effective upon the date prescribed by the appointing authority. The said recommendations and reasons of the said appointing authority shall be open to public inspection in the files of the division of personnel administration. (4) In addition to the annual step-rate salary increase available under the provisions of paragraphs (2) and (3) of this section, a manager may receive an additional step-rate salary increase upon the completion of a program of management training courses as determined by the personnel administrator under the provisions of section twenty-eight A of chapter seven. (5) In accordance with the provisions of this section and with regulations established by the personnel administrator with the approval of the commissioner of administration, an appointing authority may, in the initial appointment of a person to a position allocated to the management salary schedule, recruit such person at a rate above the minimum and within the salary range for the job group to which the position is allocated. The daily rates of all managers shall be computed on the basis of their assigned job groups. For the appointment of a person to a position allocated to job group M–IX, M–X, M–XI, or M–XII in the management salary schedule, the appointing authority may, with the approval of the commissioner of administration, recruit such person at any rate within the salary range for the job group to which the position is allocated. For the initial appointment of a person to a position allocated to job groups M–I through M–VIII, inclusive, in the management salary schedule, the appointing authority may recruit such person at a rate above the minimum and within the salary range for the job group to which the position is allocated if the personnel administrator, with the approval of the commissioner of administration, shall have first determined that an emergency exists due to inability to fill positions or if the said personnel administrator, with the approval of the commissioner of administration, shall have first determined that the person to be employed has served satisfactorily in a comparable position for a period of time equivalent to the period required in the management salary schedule had such service been entirely in the service of the commonwealth. In the case of a position with any department, agency, board, commission or institution within any of the executive offices established by chapters six A and seven, such appointment shall have the prior written approval of the secretary having charge of such executive office. Whenever the personnel administrator shall have determined, as provided above, that an emergency exists due to inability to fill positions, any permit to recruit persons at rates above the minimum shall remain in effect until rescinded by the said personnel administrator, but shall not be in effect longer than one year unless renewed by the said administrator in like manner and with like approval. Whenever the said personnel administrator shall permit such recruitment, all managers in the position being paid at a rate or rates below such rate of recruitment shall be advanced to said recruitment rates. With the exception of appointments to positions allocated to job groups M–IX, M–X, M–XI, and M–XII in the management salary schedule, no person may be recruited under this section if he has held a personal services contract with or been in the service of the commonwealth within a twelve-month period immediately prior to the date of the proposed recruitment. (5A) The said administrator shall submit, in writing, to the budget director and the house and senate committees on ways and means a list of positions the incumbents of which have been designated as public health officers in accordance with the provisions of section eight of chapter seventeen. The salaries of such positions shall be determined annually by the commissioner of administration on or before June first after recommendation by the personnel administrator, who shall make such recommendation annually on or before May first after having conducted an analysis of salaries for the same or similar types of positions paid by other governments and by private employers with which the commonwealth must compete in securing qualified applicants for such positions. The maximum shall not exceed one hundred and twenty-five per cent of the salary rate set forth at each step-in-range of the management job group to which the positions are allocated in section forty-six C of chapter thirty. (6) When in accordance with sections forty-five to fifty, inclusive, the position of any manager shall be initially allocated to a job group in the salary schedule, or shall be reallocated to a higher job group, or when in accordance with the said sections any manager shall be transferred or promoted to another position in a different job group, any such manager, for subsequent step-rate increases, shall be credited with the number of years of service which shall correspond to his rate in the job group for such office or position. Any manager reinstated or reemployed, if reinstated or reemployed within three years following his separation from the payroll, shall be credited with the number of years of service which shall correspond to his rate in the job group to which his position at the time of such separation shall then have been allocated; but in no event shall he be paid at a rate lower than that which he shall have been receiving at the time of such separation. Such credit for any manager reinstated or reemployed after three or more years following such separation shall be determined in accordance with rules of the personnel administrator. (7) Whenever a manager receives a promotion to a position in a higher job group, his rate shall be the next higher rate in said higher job group, or the second next higher rate therein if such new salary rate would result in an increase of salary smaller in amount than the salary increment for such higher job group; provided, however, that if a teacher or supervisor employed in any school or college within any department of the commonwealth is transferred from a position, in which the regular service is rendered from September first to June thirtieth, to a position in which the regular service is rendered for the entire year, he shall be reallocated in the salary schedule from the rate in the salary schedule in effect immediately prior to such transfer to the corresponding step-in-range in the job group which includes the class to which he has been transferred. (8) A manager who is demoted to a position in a lower job group shall receive the salary to which his period of service would entitle him if his service had been rendered in such position in the lower job group, but not less than the manager would have been entitled to had his service been continuously in such position in the lower job group. (9) No increase in salary shall be effective for any position before the effective date of the appropriation act which includes an appropriation made for the purpose of, and sufficient to cover, the cost of such increase. (10) Rates of compensation in the salary schedule are for work hours as provided in section thirty A of chapter one hundred and forty-nine or as otherwise provided by law. (11) A manager serving on a part-time basis as certified by the appointing authority shall be entitled to the provisions of this chapter in the proportion that his service bears to full time service.

M.G.L. c. 30, § 46D Appointments to positions; promotions from positions classified under civil service provisions

c. 30, § 46D. Appointments to positions; promotions from positions classified under civil service provisions Section 46D. Whenever it is deemed practicable in the judgment of the appointing authority and with concurrence with the secretary, where applicable, appointments to positions allocated to job groups M–I through M–IV, inclusive, of the management salary schedule shall be made by promoting employees of the commonwealth serving in positions assigned to the general salary schedule; and appointments to positions allocated to job groups M–V through M–XII, inclusive, in the management salary schedule shall be made by promoting managers of the commonwealth serving in positions allocated to job groups M–I through M–IV, inclusive, in the management salary schedule. In every instance of a manager or employee so promoted from a position classified under chapter thirty-one of the General Laws or from a position in which at the time of promotion he shall have tenure by reason of section nine A of this chapter, upon termination of his service in the position to which he was so promoted, the manager or employee shall, if he so requests, be restored to the position from which he shall have been promoted, or to a position in the same state agency, without impairment of his civil service status or his tenure by reason of said section nine A or loss of the seniority, retirement and other rights to which uninterrupted service in such position would have entitled him; provided, however, that if his service in the position to which he was promoted shall have been terminated for cause, his right to be restored shall be determined by the civil service commission, in accordance with the standards applied by said commissioner in administering chapter thirty-one.

M.G.L. c. 30, § 46E Civil service classifications; positions reimbursed by federal government

c. 30, § 46E. Civil service classifications; positions reimbursed by federal government Section 46E. Notwithstanding any provision of law to the contrary, after June twenty-seventh, nineteen hundred and eighty-one, no position allocated to job group M–V through job group M–XII, inclusive, of the management salary schedule provided in section forty-six C shall be classified under chapter thirty-one; provided, however, that this section shall not apply to positions for which full or partial reimbursement is made by the federal government and which are required by federal law or regulation to be covered by a merit system, so-called; and provided further, that no exemption from the provisions of this section shall be allowed unless certification of the federal requirement is received from the appropriate federal official and unless such certification is renewed at regular intervals.

M.G.L. c. 30, § 46F Tenure

c. 30, § 46F. Tenure Section 46F. Notwithstanding the provisions of sections nine A, nine B, and nine D of this chapter or any other provision of law, after June twenty-seventh, nineteen hundred and eighty-one, no person appointed to a position allocated to job group M–V through M–XII, inclusive, of the management salary schedule provided in section forty-six C shall acquire tenure in any such position.

M.G.L. c. 30, § 46G Overtime compensation

c. 30, § 46G. Overtime compensation Section 46G. Notwithstanding the provisions of section thirty B of chapter one hundred and forty-nine, no person who is the incumbent of a position allocated to job group M-IX through M-XII, inclusive, shall receive overtime compensation, and no person who is the incumbent of a position allocated to job group M-V through M-VIII, inclusive, shall receive such overtime compensation unless the title and position number of the position of which he is the incumbent appears on a list of positions eligible for overtime compensation maintained by the personnel administrator, with the approval of the commissioner of administration.

M.G.L. c. 30, § 46H Vacation, sick-leave, personal leave and benefits

c. 30, § 46H. Vacation, sick-leave, personal leave and benefits Section 46H. Notwithstanding any provision of law to the contrary, incumbents of positions allocated to the management salary schedule, shall be eligible for vacation, sick-leave, personal leave and other benefits, in accordance with rules and regulations established by the personnel administrator, with the approval of the commissioner of administration; provided, that no person who is the incumbent of a position allocated to the management salary schedule shall at any time receive such vacation or sick-leave in excess of the maximum then available to other managers; provided however, that nothing contained in this section shall limit the rights granted employees under the provisions of the second paragraph of section twenty-eight of chapter seven.

M.G.L. c. 30, § 46I Additional duties of personnel administrator

c. 30, § 46I. Additional duties of personnel administrator Section 46I. In addition to his other responsibilities and duties, the personnel administrator shall have the following duties and responsibilities: developing and maintaining information concerning occupational injuries sustained by employees entitled to compensation under the provisions of section 69 of chapter 152, and concerning persons who have applied for or who have been granted disability benefits under the provisions of chapter 32 and requiring reports from the workers' compensation agents and from the retirement boards; and certifying agreements for compensation for the payment of medical or other expenses or fees to or on behalf of injured employees of the commonwealth. No such compensation shall be paid without such certification.

M.G.L. c. 30, § 48 Incumbents of positions classified; duties

c. 30, § 48. Incumbents of positions classified; duties Section 48. Incumbents of offices or positions classified under sections forty-five to fifty, inclusive, shall perform, so far as practicable, the duties prescribed for the respective classes, but said sections shall not limit or restrict administrative authorities in exercising supervision of, or control over, their employees, or in assigning related, incidental or emergency duties to them.

M.G.L. c. 30, § 49 Appeal from classification

c. 30, § 49. Appeal from classification Section 49. A manager or an employee of the commonwealth objecting to any provision of the classification affecting the manager or employee's office or position may appeal in writing to the personnel administrator. If the administrator finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, he shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five. Any manager or employee or group of employees further aggrieved after appeal to the personnel administrator may appeal to the civil service commission. Said commission shall hear all appeals as if said appeals were originally entered before it. If said commission finds that the office or position of the person appealing warrants a different position reallocation or that the class in which said position is classified should be reallocated to a higher job group, it shall report such recommendation to the budget director and the house and senate committees on ways and means in accordance with paragraph (4) of section forty-five. If the personnel administrator or the civil service commission finds that the office or position of the person appealing shall warrant a different position allocation or that the class in which said position is classified shall be reallocated to a higher job group and so recommends to the budget director and the house and senate committees on ways and means in accordance with the provisions of this section, and if such permanent allocation or reallocation shall have been included in a schedule of permanent offices and positions approved by the house and senate committees on ways and means, such permanent allocation or reallocation shall be effective as of the date of appeal to the personnel administrator. The provisions of this section, as they relate to appeals on the reallocation of a class or group of classes to a higher job group or job groups, shall not apply to any employee whose position is included in a collective bargaining unit represented by an employee organization certified in accordance with the provisions of section four of chapter one hundred and fifty E.

M.G.L. c. 30, § 50 Limit of application of Secs. 45 to 49

c. 30, § 50. Limit of application of Secs. 45 to 49 Section 50. For the purposes of the classification authorized by section forty-five the words laborers, workmen and mechanics shall have the same meaning as in sections thirty to thirty-six, inclusive, of chapter one hundred and forty-nine; and sections forty-five to forty-nine, inclusive, of this chapter shall not be construed as placing state employees outside the civil service laws, rules and regulations, nor shall the classification aforesaid take precedence over any rulings of the office of public safety and inspections of the division of occupational licensure, of the department of fire services, of the board of boiler rules, or of the state examiners of electricians, regarding the construction, care and operation of boilers, engines and other apparatus which may be under the charge of such laborers, workmen and mechanics.

M.G.L. c. 30, § 51 Purchasing of goods, supplies, equipment and services for state departments

c. 30, § 51. Purchasing of goods, supplies, equipment and services for state departments Section 51. All goods, supplies, equipment and services, except for legislative or military purposes, needed by the various executive and administrative departments and for other activities of the commonwealth shall be purchased by or under the direction of the operational services division in the manner set forth in section fifty-two, and in sections twenty-two to twenty-six, inclusive, of chapter seven. Said division shall be furnished with such general supply appropriations, in addition to its departmental supply accounts, as may be necessary in order to place blanket contracts or advance orders and thereby take advantage of favorable market conditions.

M.G.L. c. 30, § 52 Approval of purchases

c. 30, § 52. Approval of purchases Section 52. No goods, supplies, equipment or services, other than for legislative or military purposes, shall be purchased or contracted for by any state department, office or commission unless approved by the state purchasing agent as being in conformity with the rules, regulations and orders made under section twenty-two of chapter seven. Such approval may be of specific or blanket form at the discretion of the state purchasing agent.

M.G.L. c. 30, § 53 Grievances of employees; disposition; appeals

c. 30, § 53. Grievances of employees; disposition; appeals Section 53. The personnel administrator shall make and from time to time may amend, subject to the approval of the commissioner of administration, rules and regulations providing informal procedure for the prompt disposition of any grievance of any employee of the commonwealth, or of any group of such employees employed by the same appointing authority, relating to classification, hours of employment, vacations, sick leave or other forms of leaves of absence, overtime, and other matters relating to conditions of employment. No such grievance shall be so disposed of if the disposition thereof is within the jurisdiction of the contributory retirement appeal board. Such rules and regulations shall provide the procedure to be followed by an employee or by a group of employees employed by the same appointing authority in bringing an alleged grievance before the appointing authority. An aggrieved party may appeal in writing from the finding of the appointing authority to the personnel administrator and shall be entitled to a hearing upon such appeal. If the appointing authority fails to make a finding within fifteen days of the hearing, the aggrieved party may appeal to said administrator in like manner. Said administrator shall grant a hearing to the aggrieved party within fifteen days of the receipt of such appeal, and shall make a decision thereon not later than fifteen days after the close of the hearing. If either the appellant or the appointing authority is aggrieved by a decision of the administrator, said appellant or appointing authority may appeal to the civil service commission established under section fifty-four, but said appeal shall be taken not later than ten days after the mailing of said decision to the appellant or the appointing authority. If the administrator fails to grant a hearing or having granted a hearing fails to make a decision within the above prescribed time, the aggrieved party may appeal to said commission, but said appeal shall, in the event no hearing was granted, be taken not later than twenty-five days after the date of his appeal to the administrator, and, in the event that no decision was made, not later than twenty-five days after the hearing was closed. The decision of the administrator shall be final and shall be binding on all agents and agencies of the commonwealth, subject to the provisions contained in section fifty-seven, unless an appeal therefrom is made to the civil service commission as hereinbefore provided. No appeal shall be allowed at any stage of the proceedings unless there is a compliance with the provisions of this section and with the rules and regulations established by the personnel administrator. The provisions of this section shall not apply to any employee whose position is included in a collective bargaining unit represented by an employee organization with a collective bargaining agreement that has been reached in accordance with the provisions of section seven of chapter one hundred and fifty E and that includes any of the conditions of employment.

M.G.L. c. 30, § 57 Finality of decision; grievances requiring payment of money; disposition

c. 30, § 57. Finality of decision; grievances requiring payment of money; disposition Section 57. The decision of the civil service commission shall be final and binding on all agents and agencies of the commonwealth; provided, however, that any such decision may have retroactive effect pursuant to the applicable provisions of section forty-nine and also pursuant to rules made under the provisions of section fifty-three; and, provided further, that no such decision shall require any payment to be made as of any date before the beginning of the fiscal year in which such decision shall be rendered, except to the extent such payment is permitted pursuant to the provisions of said section forty-nine and subject to appropriation for the purposes thereof. If such decision shall require the payment of money to any employee of the commonwealth, the civil service commission shall notify the appointing authority, the personnel administrator, the budget director, and the comptroller of the amount or amounts thereof, and such amount or amounts shall be paid from available appropriations if in accordance with law.

M.G.L. c. 30, § 58 Injuries sustained in service of state; compensation

c. 30, § 58. Injuries sustained in service of state; compensation Section 58. Any employee of the commonwealth eligible to receive workers' compensation under chapter one hundred and fifty-two who sustains injuries while in the employ of the commonwealth and who has sufficient sick leave credits accrued shall be granted leave of absence with pay for each working day he is absent from his duties because of such injuries until he returns to work or until the case has been approved by the industrial accident board. Workers' compensation for such period shall be refunded to the state treasurer or spending agency of the commonwealth. The payment by the industrial accident board for such period shall constitute the total refund and the employee shall be credited with the proportionate part of sick leave credits represented by the workers' compensation paid by the industrial accident board. If the industrial accident board refuses to accept jurisdiction over the case the employee shall not be granted leave with pay in excess of his accumulated sick leave credits or vacation leave. If an employee of the commonwealth has received payments pursuant to chapter 175M and subsequently receives workers' compensation payments pursuant to chapter 152 for the same period, the state employer agency shall, on behalf of the state employee, return to the department of family and medical leave the portion of the workers' compensation payment that represents an overpayment of benefits pursuant to section 3 of said chapter 175M. Notwithstanding the provisions of this section, an employee who, while in the performance of duty, receives bodily injuries resulting from acts of violence of patients or prisoners in the employee's custody or, in the case of a court officer, receives bodily injuries resulting from acts of violence in the courtroom or public areas, holding areas and other designated areas of the courthouse or from subduing or apprehending escaping prisoners, and who as a result of such injury would be entitled to benefits under said chapter one hundred and fifty-two, shall be paid the difference between the weekly cash benefits to which he would be entitled under said chapter one hundred and fifty-two and his regular salary, without such absence being charged against available sick leave credits, even if such absence may be for less than eight calendar days' duration.

M.G.L. c. 30, § 59 Persons under indictment for misconduct in office; suspension; temporary appointees

c. 30, § 59. Persons under indictment for misconduct in office; suspension; temporary appointees Section 59. An officer or employee of the commonwealth, or of any department, board, commission or agency thereof, or of any authority created by the general court, may, during any period such officer or employee is under indictment for misconduct in such office or employment or for misconduct in any elective or appointive public office, trust or employment at any time held by him, if he was appointed by the governor, be suspended by the governor, whether or not such appointment was subject to the advice and consent of the council or, if he was appointed by some other appointing authority, be suspended by such authority, whether or not such appointment was subject to approval in any manner. Notice of said suspension shall be given in writing and delivered in hand to said person or his attorney, or sent by registered mail to said person at his residence, his place of business, or the office or place of employment from which he is being suspended. Such notice so given and delivered or sent shall automatically suspend the authority of said person to perform the duties of his office or employment until he is notified in like manner that his suspension is removed. A copy of any such notice together with an affidavit of service shall be filed with the state secretary. Any person so suspended shall not receive any compensation or salary during the period of such suspension, nor shall the period of his suspension be counted in computing his sick leave or vacation benefits or seniority rights, nor shall any person who retires from service while under such suspension be entitled to any pension or retirement benefits, notwithstanding any contrary provisions of law, but all contributions paid by him into a retirement fund, if any, shall be returned to him, subject to section 15 of chapter 32. The employer of any person so suspended shall immediately notify the retirement system of which the person is a member of the suspension and shall notify the retirement board of the outcome of any charges brought against the individual. A suspension under this section shall not, in any way, to used to prejudice the rights of the suspended person either civilly or criminally. During the period of any such suspension, the appointing authority may fill the position of the suspended officer or employee on a temporary basis, and the temporary officer or employee shall have all the powers and duties of the officer or employee suspended. Any such temporary officer or employee who is appointed as a member of a board, commission or agency of the commonwealth, or of any Authority created by the general court, of which the governor is empowered to designate the chairman from time to time, may be designated as such chairman by the governor. If the criminal proceedings against the person suspended are terminated without a finding or verdict of guilty on any of the charges on which he was indicted, his suspension shall be forthwith removed, and he shall receive all compensation or salary due him for the period of his suspension, and the time of his suspension shall count in determining sick leave, vacation, seniority and other rights, and shall be counted as creditable service for purposes of retirement.

M.G.L. c. 30, § 60 Co-operative education programs; employment of students

c. 30, § 60. Co-operative education programs; employment of students Section 60. The personnel administrator shall cooperate with public and private colleges, universities and other institutions of higher education, which grant degrees and which provide facilities for educating students on the so-called ''co-operative plan'' of education whereby work-study programs are so developed and maintained that students enrolled therein may be employed in the service of the commonwealth in positions appropriate to their major academic interests. The employment of such students in positions classified under section forty-five shall be approved by the personnel administrator. The employment of such students in said positions shall, upon certification to the said administrator by a representative of such a college, university or institution that such student is enrolled therein under a ''co-operative plan'' of education, not be subject to the provisions of chapter thirty-one; provided that employment by the commonwealth of a student under such plan is for a stated and limited time.

M.G.L. c. 30, § 61 Determination of impact by agencies; damages to environment; prevention or minimization; foreseeable climate change impacts; definition applicable to this section and Sec. 62

c. 30, § 61. Determination of impact by agencies; damages to environment; prevention or minimization; foreseeable climate change impacts; definition applicable to this section and Sec. 62 Section 61. All agencies, departments, boards, commissions and authorities of the commonwealth shall review, evaluate, and determine the impact on the natural environment of all works, projects or activities conducted by them and shall use all practicable means and measures to minimize damage to the environment. Unless a clear contrary intent is manifested, all statutes shall be interpreted and administered so as to minimize and prevent damage to the environment. Any determination made by an agency of the commonwealth shall include a finding describing the environmental impact, if any, of the project and a finding that all feasible measures have been taken to avoid or minimize said impact. In considering and issuing permits, licenses and other administrative approvals and decisions, the respective agency, department, board, commission or authority shall also consider reasonably foreseeable climate change impacts, including additional greenhouse gas emissions, and effects, such as predicted sea level rise. As used in this section and section sixty-two, ''damage to the environment'' shall mean any destruction, damage or impairment, actual or probable, to any of the natural resources of the commonwealth and shall include but not be limited to air pollution, water pollution, improper sewage disposal, pesticide pollution, excessive noise, improper operation of dumping grounds, reduction of groundwater levels, impairment of water quality, increases in flooding or storm water flows, impairment and eutrophication of rivers, streams, flood plains, lakes, ponds, or other surface or subsurface water resources; destruction of seashores, dunes, marine resources, underwater archaeological resources, wetlands, open spaces, natural areas, parks, or historic districts or sites. Damage to the environment shall not be construed to include any insignificant damage to or impairment of such resources.

M.G.L. c. 30, § 62 Definitions

c. 30, § 62. Definitions Section 62. For the purposes of sections 61 to 62L, inclusive, the following words shall have the following meanings unless the context otherwise requires:— ''Agency'', an agency, department, board, commission or authority of the commonwealth, and any authority of any political subdivision which is specifically created as an authority under special or general law. ''Environmental benefits'', the access to clean natural resources, including air, water resources, open space, constructed playgrounds and other outdoor recreational facilities and venues, clean renewable energy sources, environmental enforcement, training and funding disbursed or administered by the executive office of energy and environmental affairs. ''Environmental burdens'', any destruction, damage or impairment of natural resources that is not insignificant, resulting from intentional or reasonably foreseeable causes, including but not limited to, climate change, air pollution, water pollution, improper sewage disposal, dumping of solid wastes and other noxious substances, excessive noise, activities that limit access to natural resources and constructed outdoor recreational facilities and venues, inadequate remediation of pollution, reduction of ground water levels, impairment of water quality, increased flooding or storm water flows, and damage to inland waterways and waterbodies, wetlands, marine shores and waters, forests, open spaces, and playgrounds from private industrial, commercial or government operations or other activity that contaminates or alters the quality of the environment and poses a risk to public health. ''Environmental justice population'', a neighborhood that meets 1 or more of the following criteria: (i) the annual median household income is not more than 65 per cent of the statewide annual median household income; (ii) minorities comprise 40 per cent or more of the population; (iii) 25 per cent or more of households lack English language proficiency; or (iv) minorities comprise 25 per cent or more of the population and the annual median household income of the municipality in which the neighborhood is located does not exceed 150 per cent of the statewide annual median household income; provided, however, that for a neighborhood that does not meet said criteria, but a geographic portion of that neighborhood meets at least 1 criterion, the secretary may designate that geographic portion as an environmental justice population upon the petition of at least 10 residents of the geographic portion of that neighborhood meeting any such criteria; provided further, that the secretary may determine that a neighborhood, including any geographic portion thereof, shall not be designated an environmental justice population upon finding that: (A) the annual median household income of that neighborhood is greater than 125 per cent of the statewide median household income; (B) a majority of persons age 25 and older in that neighborhood have a college education; (C) the neighborhood does not bear an unfair burden of environmental pollution; and (D) the neighborhood has more than limited access to natural resources, including open spaces and water resources, playgrounds and other constructed outdoor recreational facilities and venues. ''Environmental justice principles'', principles that support protection from environmental pollution and the ability to live in and enjoy a clean and healthy environment, regardless of race, color, income, class, handicap, gender identity, sexual orientation, national origin, ethnicity or ancestry, religious belief or English language proficiency, which includes: (i) the meaningful involvement of all people with respect to the development, implementation and enforcement of environmental laws, regulations and policies, including climate change policies; and (ii) the equitable distribution of energy and environmental benefits and environmental burdens. ''Neighborhood'', a census block group as defined by the United States Census Bureau, excluding people who live in college dormitories and people who are under formally authorized, supervised care or custody, including federal, state or county prisons. ''Permit'', a permit determination, order or other action, including the issuance of a lease, license, permit, certificate, variance, approval or other entitlement for use, granted to any person, firm or corporation, including trusts, voluntary association or other forms of business organizations by an agency for a project but shall not include a general entitlement to a person to carry on a trade or profession or to operate mechanical equipment which does not depend upon the location of such trade or operation. ''Person'', a private person, firm or corporation, or any governmental entity which is not an agency. ''Project'', work, project, or activity either directly undertaken by an agency, or if undertaken by a person, which seeks the provision of financial assistance by an agency, or requires the issuance of a permit by an agency but shall not include a grant of aid for medical services or personal support, such as welfare or unemployment funds, to an individual or a third party on behalf of an individual.

M.G.L. c. 30, § 62A Notice of intent to apply; forms; certification of need for environmental impact report; application of section

c. 30, § 62A. Notice of intent to apply; forms; certification of need for environmental impact report; application of section Section 62A. A person applying or intending to apply to an agency for a permit or for financial assistance for a project may, at any time prior to, but, in any event, shall no later than ten days after filing the first application for such permit or assistance notify the secretary of environmental affairs of the nature of the project and of such application, if any, on such forms as said secretary shall prescribe and shall transmit copies of said notification forms to such agency from which a permit or financial assistance is or may be sought. Any agency proposing a project may file said notification forms prior to the development of the project and shall file said forms no later than the secretary of environmental affairs shall by regulation prescribe. Within thirty days after issuance of notice of the receipt of such notification, the secretary shall consult with the person or agency proposing the project and the agency, if any, from which a permit or financial assistance is or may be sought and shall issue a certificate stating whether an environmental impact report is required. If a report is required, the secretary with the cooperation of said person and agency shall, within the above mentioned thirty day period, limit the scope of the report to those issues which by the nature and location of the project are likely to cause damage to the environment. The secretary shall determine the form, content, level of detail and alternatives required for the report. In the case of a permit application to an agency from a private person for a project for which financial assistance is not sought the scope of said report and alternatives considered therein shall be limited to that part of the project which is within the subject matter jurisdiction of the permit. Any finding required by section sixty-one shall be limited to those matters which are within the scope of the environmental impact report, if any, required by this section. In the case of a major and complicated project, the secretary of environmental affairs, with the agreement of the agencies and persons who are proposing, providing public financial assistance for or issuing permits for a project subject to sections sixty-two to sixty-two H, inclusive, may establish a specific procedure for evaluation and review of the environmental impacts of said project. This section and sections 62B to 62L, inclusive, shall not apply to the energy facilities siting board established under section 69H of chapter 164 or to any proponent or owner of a large clean energy infrastructure facility, as defined in section 69G of said chapter 164, or small clean energy infrastructure facility, as defined in section 21 of chapter 25A, in relation to an application for a consolidated permit or petition for a de novo adjudication filed under sections 69T to 69W, inclusive, of said chapter 164.

M.G.L. c. 30, § 62B Environmental impact reports; preparation and submission; funding

c. 30, § 62B. Environmental impact reports; preparation and submission; funding Section 62B. In the case of projects directly undertaken by an agency, the environmental impact report shall be prepared and submitted by the responsible agency. If two or more agencies are responsible, a joint report shall be prepared and submitted by the agency designated by the secretary of environmental affairs. In the case of projects which require a permit or financial assistance from an agency, said report shall be prepared and submitted by the person or agency seeking the permit or financial assistance. Public funds made available for the purpose of design of or planning or undertaking a project subject to sections sixty-two to sixty-two H, inclusive, may be expended for the research, preparation, and publication of the report and expenses incidental thereto, and said funds may be transferred or otherwise may be made available to other agencies designated by the secretary of environmental affairs to evaluate the draft or final report. An environmental impact report shall contain: (i) statements describing the nature and extent of the proposed project and its environmental and public health impact as result of any development, alteration and operation of the project; (ii) studies to evaluate said impacts; (iii) all measures being utilized to minimize any anticipated environment and public health damage; (iv) any adverse short-term and long-term environmental and public health consequences that cannot be avoided should the project be undertaken; and (v) reasonable alternatives to the proposed project and their environmental consequences. The secretary shall encourage agencies and persons to commence preparation of reports during the initial planning and design phase of projects. Said report shall be prepared and disseminated to inform the originating or permitting agency, reviewing agencies, the appropriate regional planning commission, the attorney general and the public of the environmental consequences of state actions and the alternatives thereto prior to any commitment of state funds for and prior to the commencement of the project if undertaken by an agency or prior to the issuance of any permit or grant of financial assistance for the project if undertaken by a person. An environmental impact report shall be required for any project that is likely to cause damage to the environment and is located within a distance of 1 mile of an environmental justice population; provided, that for a project that impacts air quality, such environmental impact report shall be required if the project is likely to cause damage to the environment and is located within a distance of 5 miles of an environmental justice population. Said report shall contain statements about the results of an assessment of any existing unfair or inequitable environmental burden and related public health consequences impacting the environmental justice population from any prior or current private, industrial, commercial, state, or municipal operation or project that has damaged the environment. The required assessment shall conform to the standards and guidelines established by the secretary. If the assessment indicates an environmental justice population is subject to an existing unfair or inequitable environmental burden or related health consequence the report shall identify any: (i) environmental and public health impact from the proposed project that would likely result in a disproportionate adverse effect on such population; and (ii) potential impact or consequence from the proposed project that would increase or reduce the effects of climate change on the environmental justice population. The secretary may require that an assessment be performed at any stage of the review process.

M.G.L. c. 30, § 62C Notice of availability of environmental impact statement; public and agency review

c. 30, § 62C. Notice of availability of environmental impact statement; public and agency review Section 62C. Any environmental impact report shall be submitted to the secretary of environmental affairs who shall issue public notice of the availability of such report. A reviewing agency or person, and any agency which has jurisdiction by law or special expertise with respect to any environmental impact involved may submit written comments on any draft or final environmental impact report to the secretary of environmental affairs who shall affix any such comments which are timely received to his statement on such reports. Said reports and any comments submitted in review thereof shall be public documents. No agency shall undertake a project which is not exempted by the provisions of any law and which may cause damage to the environment or grant a permit or financial assistance for such a project until sixty days after the secretary of environmental affairs issues such notice, provided that an agency or person may undertake research, planning, design and other preliminary work necessary to describe and evaluate such projects for the purposes of sections sixty-two to sixty-two H, inclusive. There shall be a public and agency review period of thirty days from the notice of availability of any draft or final report, provided that the secretary of environmental affairs may extend the review period for a draft report on a major and complicated project for a period not to exceed thirty days. A statement of the secretary indicating whether or not in his judgment said report adequately and properly complies with the provisions of sections sixty-two to sixty-two H, inclusive, shall be issued within seven days after the public and agency review period. The approval or disapproval of said secretary of any such report shall not be required. At least twice per month the secretary shall issue notice of all filings and of the availability of all reports received during the preceding half month, which notice shall be in such form as the secretary shall determine is reasonably suited to informing all interested agencies and persons of the receipt of such filings and the availability of such reports.

M.G.L. c. 30, § 62D Permit applications; time for agency determination

c. 30, § 62D. Permit applications; time for agency determination Section 62D. Agencies shall act on permit applications within ninety days following issue of notice of availability of the final environmental impact report, within ninety days following issue of notice of the determination that a report is not required, or ninety days following the permit application, whichever is latest, unless otherwise provided by law.

M.G.L. c. 30, § 62E Categories of projects and permits not requiring environmental impact reports; establishment; application

c. 30, § 62E. Categories of projects and permits not requiring environmental impact reports; establishment; application Section 62E. With the approval of the secretary of the executive office having jurisdiction over an agency, or if an agency is not within an executive office, with the approval of such agency, the secretary of environmental affairs shall establish general and special categories of projects and permits which shall or shall not require environmental impact reports based upon the scope and duration of potential impacts from the nature, size and location of said projects or portions thereof which require permits. No agency shall exempt from an environmental impact report any project that is located in a neighborhood that has an environmental justice population and is reasonably likely to cause damage to the environment, as defined in section 61. The provisions of this paragraph shall not apply to emergency actions essential to avoid or eliminate a threat to public health or safety or a threat to any natural resource undertaken in compliance with section 62F.

M.G.L. c. 30, § 62F Emergencies; commencement of projects; land acquisition

c. 30, § 62F. Emergencies; commencement of projects; land acquisition Section 62F. A project may commence prior to compliance with sections sixty-two to sixty-two H, inclusive, if emergency action by a person or agency is essential to avoid or eliminate a threat to public health or safety, or a threat to any natural resources; provided, that wherever practicable, the agency or person shall obtain the prior approval of the secretary of environmental affairs. Following commencement of any such project, the agency or person shall promptly, but in any case within sixty days, commence compliance with the provisions of sections sixty-two to sixty-two H, inclusive. In the case of an urban renewal project proposed under chapters one hundred and twenty-one A or one hundred and twenty-one B, the specific procedure under section sixty-two A may permit land acquisition and other actions required for land acquisition to take place prior to the publication of the final environmental impact report provided that the secretary has issued notice of availability of an interim environmental impact report which demonstrates to the satisfaction of said secretary that an urban renewal project may be carried out on the proposed land with appropriate constraints as may be necessary to minimize and prevent damage to the environment.

M.G.L. c. 30, § 62G Federal environmental impact statements in lieu of reports

c. 30, § 62G. Federal environmental impact statements in lieu of reports Section 62G. In the case of projects for which an environmental impact statement is required under the National Environmental Policy Act of 1969, draft and final federal environmental impact statements may be submitted in lieu of environmental impact reports.

M.G.L. c. 30, § 62H Action or proceeding alleging improper determination of need for environmental impact report or noncompliance with law; notice; commencement; matters raised

c. 30, § 62H. Action or proceeding alleging improper determination of need for environmental impact report or noncompliance with law; notice; commencement; matters raised Section 62H. An agency or person intending to commence an action or proceeding alleging an improper determination of whether a project requires the preparation of an environmental impact report under section sixty-two A, shall first provide notice of intention to commence such action or proceeding within sixty days of issuance of notice of such determination. An agency or person intending to commence an action or proceeding alleging that a final environmental impact report fails to comply with the requirements of sections sixty-two to sixty-two G, inclusive, shall first provide notice of intention to commence such action or proceeding within sixty days of issuance of notice of availability of said final environmental impact report pursuant to section sixty-two C. Said notices of intention shall be in such form as the secretary of environmental affairs shall prescribe, shall identify with particularity the issues to be considered in any such action or proceeding, shall be in lieu of the notice and waiting period required by section seven A of chapter two hundred and fourteen, and shall be provided to the attorney general, the agency or person proposing the project and the secretary of environmental affairs. Any action or proceeding alleging an improper determination that a project requires the preparation of an environmental impact report under section sixty-two A shall commence no later than thirty days following the first issuance of a permit or grant of financial assistance by an agency or no later than sixty days after issuance of notice of such determination, whichever occurs later, for a private project, or no later than one hundred and twenty days after issuance of notice of such determination for a public project. Any action or proceeding alleging that a final environmental impact report fails to comply with the provisions of sections sixty-two to sixty-two G, inclusive, shall commence no later than thirty days following the first issuance of a permit or grant of financial assistance by an agency for a private project or no later than one hundred and twenty days after issuance of notice of availability of said final environmental impact report under section sixty-two C, for a public project. No allegation shall be made in any action or proceeding under this section unless the matter complained of was raised at the appropriate point in the administrative review procedures; provided that a matter may be raised upon a showing that it is material and that it was not reasonably possible with due diligence to have raised it during such procedures or that the matter sought to be raised is of critical importance to the environmental impact of the project. If a court determines that an agency or person proposing a project has knowingly concealed a material fact or knowingly submitted false information in any form or report required under sections sixty-two to sixty-two H, inclusive, limits on the manner and time in which actions or proceedings may be commenced shall not apply and the secretary of environmental affairs may require the preparation and review of such forms or reports as may be necessary to correct any deficient form or report. The secretary of environmental affairs shall, after consultation with other secretaries of executive offices and with agencies not within executive offices, promulgate reasonable rules and regulations to carry out the purposes of sections sixty-two to sixty-two H, inclusive.

M.G.L. c. 30, § 62I Environmental notification forms filed on or after November 15, 2007; requirements

c. 30, § 62I. Environmental notification forms filed on or after November 15, 2007; requirements Section 62I. A person who is proposing a new use or structure or modification of an existing use or structure within landlocked tidelands as defined in section 1 of chapter 91 that is otherwise required to file an environmental notification form pursuant to section 62A and files an environmental notification form on or after November 15, 2007, shall comply with the requirements of this paragraph. The environmental notification form, and an environmental impact report required pursuant to section 62B, if applicable, shall include an explanation of the project's impact on the public's right to access, use and enjoy tidelands that are protected by chapter 91, and identify measures to avoid, minimize, or mitigate any adverse impact on such rights set forth herein. If the project is located in an area where low groundwater levels have been identified by a municipality or by a state or federal agency as a threat to building foundations, the environmental notification form and an environmental impact report if the latter is required, shall also include an explanation of the project's impact on groundwater levels, and identification and commitment to taking measures to avoid, minimize, or mitigate any adverse impact on groundwater levels. Any measures identified by the secretary under this section shall be set forth in a certificate on the environmental notification form or a certificate on the environmental impact report, if the latter is applicable. Within 30 days after a certificate is issued under this paragraph, the proponent of the project shall file with the department of environmental protection a completed form notifying the department that work will be conducted within landlocked tidelands, and shall attach the Massachusetts environmental policy act certificate to the form. The person who is proposing shall comply with all obligations set forth in the certificate under this section, and the department shall have the authority to enforce such conditions consistent with this chapter.

M.G.L. c. 30, § 62J Opportunities for public to assess impact of proposed projects; impact on environmental justice population; measures to improve public participation; meaning of designated geographic area

c. 30, § 62J. Opportunities for public to assess impact of proposed projects; impact on environmental justice population; measures to improve public participation; meaning of designated geographic area Section 62J. To enable the public to assess the impact of proposed projects that affect their environment, health and safety through the project review process established under sections 61 through 62J, inclusive, the secretary shall provide opportunities for meaningful public involvement. For any proposed project that requires the filing of an environmental notification form, the proponent of the project shall indicate on the document whether an environmental justice population that lacks English language proficiency within a designated geographical area is reasonably likely to be affected negatively by the project. If a proposed project affects an environmental justice population, the secretary shall require additional measures to improve public participation by the environmental justice population. Such measures shall include, as appropriate: (i) making public notices, environmental notification forms, environmental impact reports, and other key documents related to the secretary's review and decisions of a project review available in English and any other language spoken by a significant number of the affected environmental justice population; (ii) providing translation services at public meetings for a significant portion of an affected environmental justice population that lacks English proficiency in the project's designated geographic area; (iii) requiring public meetings be held in accessible locations that are near public transportation; (iv) providing appropriate information about the project review procedure for the proposed project; and (v) where feasible, establishing a local repository for project review documents, notices and decisions. The secretary of energy and environmental affairs may require such additional measures as appropriate for projects that do not require the filing of an environmental notification form pursuant to section 62A, or to improve participation opportunities for persons in an environmental justice population that lack English language proficiency and do not speak a dominant language spoken by such population. As used in this section, the term designated geographic area shall mean an environmental justice population located within a distance of 1 mile of a project, unless the project affects air quality then the distance from such project shall be increased to within 5 miles of an environmental justice population.

M.G.L. c. 30, § 62K Consideration of environmental justice principles; establishment of standards and guidelines

c. 30, § 62K. Consideration of environmental justice principles; establishment of standards and guidelines Section 62K. The secretary shall consider the environmental justice principles, as defined in section 62, in making any policy or determination, or taking any action relating to a project review, undertaken pursuant to sections 61 through 62J, inclusive, to reduce the potential for unfair or inequitable effects upon an environmental justice population. To further the environmental justice principles the secretary shall direct its agencies, including the departments, divisions, boards and offices under the secretary's control and authority, to consider the environmental justice principles in making any policy, determination or taking any other action related to a project review, or in undertaking any project pursuant to said sections 61 through 62J, inclusive, and related regulations that is likely to affect environmental justice populations. In addition, the secretary shall establish standards and guidelines for the implementation, administration and periodic review of environmental justice principles by the executive office of energy and environmental affairs and its agencies.

M.G.L. c. 30, § 62L Environmental justice council; membership; duties; recommendations

c. 30, § 62L. Environmental justice council; membership; duties; recommendations Section 62L. There shall be an environmental justice council to advise and provide recommendations to the secretary of energy and environmental affairs on relevant policies and standards to achieve the environmental justice principles. The council shall consist of not less than 9, but not more than 15, members appointed by the governor, who shall designate a chair. Members may be removed without cause, by the governor. All members shall serve without compensation. The secretary of energy and environmental affairs shall consult with the environmental justice council before making any substantial adoptions, revisions or amendments to any regulation related to the definition of environmental justice population as defined in section 62. The environmental justice council shall conduct a comprehensive analysis by not later than July 31, 2022, and every fifth year thereafter, to ensure the definition of environmental justice population achieves the objectives of the environmental justice principles, pursuant to the definitions of environmental justice population and environmental justice principles contained in section 62. The analysis shall include, but not be limited to, an evaluation of this definition as compared to the demographics of environmental justice populations in the commonwealth. As part of the analysis, said council shall provide advice and make recommendations to the secretary on any necessary changes to the percentage thresholds included in this definition and any related regulation. The secretary shall consider the recommendations of the council regarding any proposed changes to the percentage thresholds under this definition; provided, however, that such changes are needed to achieve and promote the environmental justice principles as defined under said section 62. Proposed regulations shall be adopted only after the approval of the council by a majority vote in the affirmative of those members so voting. The environmental justice council may recommend and provide advice to the secretary on proposed substantial legislative or regulatory changes related to this definition at any time prior to conducting a comprehensive analysis.

M.G.L. c. 30, § 63 Notice to state secretary; specifications; report

c. 30, § 63. Notice to state secretary; specifications; report Section 63. Every holder, as that term is defined in section one of chapter sixty-six A, shall, on or before September first, nineteen hundred and seventy-six, or upon the subsequent establishment, termination, or change in the character of such personal data system, file with the state secretary a notice which shall specify:— (a) the name of the system; (b) the nature and purpose of the system; (c) the number of persons on whom data are or are expected to be maintained; (d) the categories of data maintained, or to be maintained, indicating which categories are or will be stored in an automated personal data system; (e) the agency's policies and practices regarding data storage, retention of data, and disposal thereof; (f) the categories of data sources; (g) a description of types of uses made or to be made of data, including a description of all classes of users of such data; (h) a description of the actions taken to comply with chapter sixty-six A; and (i) the name, title, and business address of the individual immediately responsible for the system. The state secretary shall, at least once annually, publish a report containing all of the notices filed pursuant to this section during said year. Such report and the separate notices shall be a public record as defined in paragraph twenty-six of section seven of chapter four.

M.G.L. c. 30, § 64 Conversion of hospitals; approval of general court

c. 30, § 64. Conversion of hospitals; approval of general court Section 64. No mental health hospital or public health hospital shall be converted to use by the department of correction without the express approval of the general court.

M.G.L. c. 30, § 65 Legal services for commonwealth provided under contract

c. 30, § 65. Legal services for commonwealth provided under contract Section 65. (a) A lawyer who is not a regular state employee or person who is compensated through the automated payroll system of the commonwealth shall not provide legal services for the commonwealth, or for any department, agency, board or commission thereof, unless and until:- (1) the governor's chief legal counsel certifies in writing that no state employee can provide the legal services that the lawyer is to provide; (2) a written request for the legal services that the lawyer is to provide is made publicly available for competitive bidding, in a manner provided by regulations of the state purchasing agent, and approved by the comptroller; provided, however, that this clause shall not apply if a department, agency, board or commission of the commonwealth is in a situation or condition that requires the immediate provision of legal services, and such a situation or condition is described and certified in writing by the governor's chief legal counsel in advance of the purchase of legal services by said department, agency, board or commission; and (3) the office of the attorney general has been consulted during the procurement process, in a manner provided by said regulations of the state purchasing agent, and has determined, following a review of the legal services contract, that any attorney hired by a department, agency, board or commission of the commonwealth is a member in good standing of the Massachusetts Bar or an out of state bar and has no apparent conflict of interests. If said attorney will be providing litigation services, the attorney general will ensure that said attorney will appear in court on behalf of the commonwealth only after his appointment as a special assistant attorney general. (b) The secretary of administration and finance, with the comptroller's assistance, shall make a written semiannual report of expenditures for legal services for the commonwealth, or for any department, agency, board or commission thereof, provided other than by regular state employees. The report shall show the name of each lawyer, law firm if any, amount expended, the billing rate or fee arrangement and a brief statement of the legal services provided. The report shall be made to the house and senate committees on ways and means and the joint committee on state administration, not later than September 1 each year for the period from January 1 to June 30 of that year, and not later than March 1 each year for the period from July 1 to December 31 of the preceding year. (c) Instead of making the certificate under clause (1) of subsection (a), the governor's chief legal counsel may, upon written request by the head of any department, agency, board or commission, with the written approval of the head thereof and with the voluntary written consent of the attorney who is a state employee, provide specific legal services for the requesting department, agency, board or commission for a period not exceeding 3 months but subject to renewal with the voluntary written consent of the attorney. Such an assignment shall be subject to any applicable collective bargaining agreement. The certification required of the comptroller by the fourth paragraph of section 31 of chapter 29 shall not be required in instances of such an assignment by the governor's chief legal counsel. (d) This section shall apply only to legal services provided under contract with the governor or with an officer, department, agency, board or commission serving under the governor or within one of the executive offices headed by a secretary appointed by the governor.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleIII/Chapter30Fetched: 10/20/2026