HOUSE DOCKET, NO. 3629        FILED ON: 1/15/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1638

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to te authority of clerks magistrates..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. CHAPTER 211B, SECTION 10A IS HEREBY AMENDED BY STRIKING LINE 1 THROUGH 13 AND INSERTING IN ITS PLACE THE FOLLOWING:

A FIRST JUSTICE, IN ADDITION TO HIS JUDICIAL POWERS AND DUTIES AS A JUSTICE OF THE TRIAL COURT AND IN ADDITION TO  HIS GENERAL POWERS OF SUPERINTENDENCE AS FIRST JUSTICE OF A PARTICULAR COURT WITHIN THE TRIAL COURT, SHALL, SUBJECT  TO THE SUPERINTENDENCE OF THE SUPREME JUDICIAL COURT AS  PROVIDED IN SECTION 3 OF CHAPTER 211 AND THE  ADMINISTRATIVE AUTHORITY OF THE CHIEF JUSTICE OF THE FIRST  JUSTICE’S DEPARTMENT OF THE TRIAL COURT, BE THE  ADMINISTRATIVE HEAD OF HIS COURT; PROVIDED, HOWEVER, EACH  CLERK, RECORDER AND REGISTER SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR THE PREPARATION AND EXPENDITURE OF SUCH MONIES AS THE GENERAL COURT MAY ANNUALLY APPROPRIATE FOR THEIR RESPECTIVE OFFICES AND SHALL HAVE THE REPSONSIBILITY FOR THE ADMINISTRATION OF THEIR SAID OFFICES, INCLUDING, BUT NOT LIMITED TO, THE HIRING AND SUPERVISION OF PERSONNEL, BUDGETING, SUPPLIES, EQUIPMENT, STAFF SERVICES AND RECORD KEEPING, SAID RECORD KEEPING SHALL INCLUDE THE KEEPING OF PERSONNEL RECORDS AND TIME ATTENDANCE RECORDS.  EACH CLERK, RECORDER AND REGISTER SHALL BE THE SOLE AND EXCLUSIVE APPOINTING AUTHORITY OF PERSONNEL IN THEIR RESPECTIVE OFFICES AND FURTHER PROVIDED, SUBJECT TO AVAILABLE FUNDING, SAID HIRING AND OR APPOINTMENT OF PERSONNEL, SHALL NOT BE WITHELD BY THE  FIRST JUSTICE.  A FIRST JUSTICE OR CLERK, RECORDER OR  REGISTER OF THE COURT MAY SUBMIT ANY DISPUTE THAT ARISES  BETWEEN SAID FIRST JUSTICE AND SAID CLERK, RECORDER OR REGISTER CONCERNING THE MANANGEMENT AND  ADMINISTRATION OF THE OFFICE OF CLERK, RECORDER, OR REGISTER, THE DUTIES, POWERS AND OBLIGATIONS OF THE CLERK,  RECORDER, OR REGISTER, OR A MEMBER OF THEIR STAFF, OR THE  INTERPRETATION OF THE PERSONNEL STANDARDS PROVIDED FOR UNDER SECTION 8 OF CHAPTER 211B, TO THE CHIEF OF THE JUSTICE  DEPARTMENT.