SENATE DOCKET, NO. 2198 FILED ON: 8/7/2009
SENATE . . . . . . . . . . . . . . No. 2031
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The Commonwealth of Massachusetts
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In the Year Two Thousand Nine
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An Act transferring county sheriffs to the Commonwealth.
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. Section 17 of chapter 37 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out the second sentence of the second paragraph and the third paragraph and inserting in place thereof the following paragraph:-
The salary of the sheriff of Dukes County shall be a sum equivalent to 75 per cent of the salary of an associate justice of the superior court. The salary of a sheriff who does not operate a correctional facility shall be equivalent to 55 per cent of the salary of an associate justice of the superior court.
SECTION 2. Chapter 64D of the General Laws is hereby amended by striking out sections 11, 12 and 13 and inserting in place thereof the following 2 sections:-
Section 11. Except for Barnstable and Suffolk counties, there shall be established upon the books of each county of a transferred sheriff, the government of which county has not been abolished by chapter 34B or other law, a separate fund, maintained separate and apart from all other funds and accounts of each county, to be known as the Deeds Excise Fund.
Notwithstanding any general or special law to the contrary, except for Barnstable and Suffolk counties, on the first day of each month, 10.625 per cent of the taxes collected in the county of a transferred sheriff under this chapter shall be transmitted to the Deeds Excise Fund for each county. The remaining percentage of taxes collected under this chapter, including all taxes collected under this chapter in Barnstable and Suffolk counties, and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized by section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund of the commonwealth in accordance with section 10.
Section 12. (a) There shall be within the executive office for administration and finance a county government finance review board, in this section called the “board”, consisting of the secretary of administration and finance or his designee, the commissioner of revenue or his designee, and the state auditor or his designee. The secretary of administration and finance or his designee shall serve as chairperson of the board.
(b) Notwithstanding any general or special law or county charter to the contrary, the annual or supplementary budget of a county shall not take effect until reviewed and approved by the board. Except for Barnstable and Suffolk counties, the board shall not approve a budget of a county unless it is satisfied:
(1) that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures;
(2) that of the amounts deposited in the Deeds Excise Fund for each county from revenues derived under this chapter , (i) not more than 60 per cent of the deposits shall be disbursed and expended for meeting the costs of the operation and maintenance of the county; and (ii) not less than 40 per cent shall be disbursed and expended for the automation, modernization and operation of the registries of deeds; and
(3) that with respect to funds appropriated for the purpose designated in subclause (ii) of clause (2) and which are not dedicated to the Deeds Excise Fund in each county under section 11, the submitted proposed budget shall provide a continuing amount of expenditure of not less than 102.5 per cent of the amount expended for that purpose in the preceding fiscal year.
In the case of Barnstable County, the board shall not approve a budget unless it is satisfied that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures.
(c) If a proposed budget is disapproved by the board, the county commissioners or any successor body shall, with the approval of the county advisory board, if applicable, and within 30 days of notification of disapproval of the proposed budget, resubmit a revised proposed budget to the board, which addresses the board's concerns.
(d) The board shall develop guidelines for implementing this section.
SECTION 3. Notwithstanding any general or special law to the contrary, the offices of the Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth, and Suffolk county sheriffs, in this act referred to as "office of a transferred sheriff" or “transferred sheriff,” are hereby transferred to the commonwealth as provided in this act.
SECTION 4. Notwithstanding any general or special law to the contrary, all functions, duties and responsibilities of the office of a transferred sheriff pursuant to this act including, but not limited to, the operation and management of the county jail and house of correction, and any other statutorily authorized functions of that office, are hereby transferred from the county to the commonwealth on the effective date of this act.
SECTION 5. Notwithstanding any general or special law to the contrary, the government of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties, except the office of county sheriff, shall retain all existing authority, functions and activities as of the effective date of this act for all purposes, including, but not limited to, the purposes established pursuant to chapters 34, 34A, 35 and 36 of the General Laws or as otherwise authorized by this act. This act shall not affect the existing county boundaries.
SECTION 6. All valid liabilities and debts of the office of a transferred sheriff which are in force on the effective date of this act shall be obligations of the commonwealth as of that date, except as may be otherwise provided in this act. All assets of the offices of a transferred sheriff as of the effective date of this act shall become assets of the commonwealth, except as otherwise provided in this act.
SECTION 7. (a) Notwithstanding any general or special law to the contrary, all rights, title and interest in real and personal property, including those real properties improved upon through construction overseen by the division of capital asset management and maintenance and paid with commonwealth funds, which are controlled by the office of a transferred sheriff on the effective date of this act, including without limitation, all correctional facilities and other buildings and improvements, the land on which they are situated, and any fixtures, wind turbines, antennas, communication towers and associated structures and other communication devices located thereon or appurtenant thereto, shall be transferred to the commonwealth, except as otherwise provided in this act. This transfer of all buildings, lands, facilities, fixtures and improvements shall be subject to chapter 7 of the General Laws and the jurisdiction of the commissioner of capital asset management and maintenance as provided therein, except as otherwise provided in this act.
(b) If a transferred sheriff occupies part of a building or structure owned by a county, the county shall lease that part of the building or structure to the commonwealth under reasonable terms determined by the commissioner of the capital asset management and maintenance.
(c) The transfer under this section shall be effective and shall bind all persons, with or without notice, without any further action or documentation. Without derogating from the foregoing, the commissioner of capital asset management and maintenance may, from time to time, execute and record and file for registration with any registry of deeds or the land court, a certificate confirming the commonwealth's ownership of any interest in real property formerly controlled by the office of a transferred sheriff pursuant to this section.
SECTION 8. This section shall apply only after the commonwealth has refinanced any outstanding bonds of the Plymouth County Correctional Facility Corporation . That corporation shall be dissolved and its assets transferred to the commonwealth. The criminal detention facility constructed under chapter 425 of the acts of 1991 shall be transferred to the commonwealth. The revenue held by the corporation in the Repair and Replacement and Capital Improvement Accounts shall be transferred to the Plymouth Sheriff’s Facility Maintenance Trust Account. The Plymouth Sheriff shall make expenditures from this account only for the maintenance, repair and replacement of the sheriff’s facilities.
SECTION 9. All leases and contracts of the office of a transferred sheriff which are in force on the effective date of this act shall be obligations of the commonwealth, and the commonwealth shall have authority to exercise all rights and enjoy all interests conferred upon the county by those leases and contracts except as may be otherwise provided in this act.
SECTION 10. Notwithstanding any general or special law to the contrary, beginning in fiscal year 2010 and thereafter until terminated, Barnstable, Bristol, Dukes, Nantucket, Norfolk, and Plymouth counties shall appropriate and pay to their respective county retirement Boards, and any other entities due payments, amounts equal to the minimum obligations to fund from their own revenues in fiscal year 2009 the operations of the office of the sheriff for the purpose of covering the unfunded county pension liabilities and other benefit liabilities of the retired sheriff's office employees that remain in the county retirement systems, as determined by the actuary of the public employee retirement administration commission. The state treasurer, under section 20 of chapter 59 of the General Laws, shall assess the city of Boston and remit to the State-Boston retirement system an amount equal to the minimum obligation of Suffolk county to fund from its own revenues in fiscal year 2009 the operations of the office of the sheriff. The secretary of administration and finance shall establish a plan for county governments to pay off these unfunded county pension liabilities and shall establish an amortization schedule to accomplish this task. These payments shall remain in effect for the duration of that amortization schedule, which shall not exceed the funding schedule established by the respective county retirement board. In the case of any such county, when the county has paid such unfunded pension liabilities in full, or the county has completed the amortization schedule as established under this section, whichever occurs first, the county’s obligation to make payments of its minimum obligations to fund its sheriff’s office operations, as determined under this section, shall terminate.
In fiscal year 2010 and succeeding years, if the amount that represents 31.875 per cent of deeds excise collections in any county exceeds the cost of the operation of the office of the sheriff including health insurance and retirement costs, such county shall provide sufficient deeds excise revenue to the Commonwealth to fund those costs as identified by the general appropriations act of that fiscal year. Any deeds excise revenue of the 31.875 per cent collected by a county that is in excess of the costs of operations of the office of the Sheriff as identified in the annual state budget shall remain with the county's deeds excise fund to fund obligations of the county under section 1 of chapter 64D of the General Laws
SECTION 11. Notwithstanding any general or special law to the contrary, any funds, including but not limited to county correctional funds and other sources of income and revenue, to the credit of the office of transferred sheriff as of June 30, 2009, shall be paid to the state treasurer, but the county treasurer may pay appropriate fiscal year 2009 sheriff's department obligations after June 30, 2009. Payment of obligations to be charged to the sheriff's fiscal year 2009 budget as approved by the county government finance review board must be within that budget or otherwise be approved by the secretary of administration and finance.
SECTION 12. (a) Notwithstanding any general or special law to the contrary, and except for all counties the governments of which have been abolished by chapter 34B or other law, revenues of the office of sheriff in Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties for civil process, inmate telephone and commissary funds, shall remain with the office of sheriff.
(b) In order to encourage innovation and enterprise, each sheriff's office shall annually confer with the house and senate committees on ways and means regarding each sheriff’s efforts to maximize and maintain grants, dedicated revenue accounts, revolving accounts, fee for service accounts and fees and payments from the federal, state and local governments and other such accounts and regarding which revenues shall remain with the sheriff's office.
(c) Any sheriff who has developed a revenue source derived apart from the state treasury may retain that funding to address the needs of the citizens within that county.
(d) Any un-encumbered carry-forward deeds excise or other funds to the credit of the sheriff as of June 30, 2009 shall be paid to the state treasurer.
SECTION 13 (a) All employees of the office of transferred sheriff, including those who on the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions by reason of section 9A of chapter 30 of the General Laws or do not hold such tenure, are hereby transferred to that transferred sheriff as employees of the commonwealth, without interruption of service within the meaning of said section 9A or said chapter 31, and without reduction in compensation or salary grade.
(b) Notwithstanding any general or special law to the contrary, employees of the office of a transferred sheriff shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws, and shall be considered sheriff’s office employees for the purposes of said chapter 150E.
(c) All petitions, requests, investigations and other proceedings duly brought before the office of a transferred sheriff, or duly begun by that sheriff and pending on the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the office of a transferred sheriff.
(d) All orders, rules and regulations duly made and all approvals duly granted by a transferred sheriff which are in force on the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled in accordance with law by that sheriff.
(e) All books, papers, records, documents, and equipment, which on the effective date of this act are in the custody of a transferred sheriff shall be transferred to that sheriff upon the effective date of this act.
(f) All duly existing contracts, leases and obligations of a transferred sheriff shall continue in effect. An existing right or remedy of any character shall not be lost or affected by this act.
SECTION 14. The rights of all employees of each office of a transferred sheriff shall continue to be governed by the terms of collective bargaining agreements, as applicable. If any collective bargaining agreement has expired on the transfer date, the terms and conditions of any such agreement shall remain in effect until a successor agreement is ratified and funded.
SECTION 15. Notwithstanding any general or special law to the contrary, a transferred sheriff in office on the effective date of this act shall become an employee of the commonwealth with salary to be paid by the commonwealth. The sheriff shall remain an elected official under section 159 of chapter 54 of the General Laws. The sheriff shall operate pursuant to chapter 37 of the General Laws. The sheriff shall retain administrative and operational control over the office of the sheriff, the jail, the house of correction and any other occupied buildings controlled by a transferred sheriff upon the effective date of this act. The sheriff and sheriff’s office shall retain and operate under all established common law power and authority as well as chapters 126 and 127 of the General Laws and any other relevant General Laws in effect before the transfer.
SECTION 16. Notwithstanding any general or special law to the contrary, a transferred sheriff shall be considered an "employer" as that term is defined in section 1 of chapter 150E of the General Laws for the purposes of said chapter 150E. The sheriff shall also have power and authority as employer in all matters, including but not limited to hiring, firing, promotion, discipline, work-related injuries and internal organization of the department.
SECTION 17. (a) Notwithstanding any general or special law or rule or regulation to the contrary, the sheriff, special sheriff, deputies, jailers, superintendents, deputy superintendents, assistant deputy superintendants, keepers, officers, assistants and other employees of the office of a transferred sheriff, employed on the effective date of this act in the discharge of their responsibilities set forth in section 24 of chapter 37 and section 16 of chapter 126 of the General Laws, shall be transferred to the commonwealth with no impairment of employment rights held on the effective date of this act, without interruption of service, without impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation. Any collective bargaining agreement in effect on the date of this act shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. Nothing in this section shall be construed to confer upon any employee any right not held on the effective date of this act, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge layoff or abolition of position not prohibited before that date. These employees shall not be considered new employees for salary, wage, tax, health insurance, Medicare or any other federal or state purposes, but shall retain their existing start and hiring date, seniority and any other relevant employment status through the transfer.
(b) All demands, notices, citations, writs, precepts and all other notices given by the sheriff, special sheriff, deputies, jailers, superintendents, deputy superintendents, assistant deputy superintendents, keepers, officers, assistants or other employees of the office of a transferred sheriff, as the case may be, on or before the effective date of this act shall be valid and effective for all purposes unless otherwise revoked, suspended, rescinded, canceled or terminated.
(c) Any enforcement activity imposed by the sheriff, special sheriff, any deputies, jailers, superintendents, deputy superintendents, assistant deputy superintendents, keepers, officers, assistants or other employees of the office of a transferred sheriff, before the effective date of this act, shall be valid, effective and continuing in force according to the terms thereof for all purpose unless superseded, revised, rescinded or canceled.
(d) All petitions, hearings appeals, suits and other proceedings duly brought against, and all petitions, hearings, appeals, suits, prosecutions and other legal proceedings begun by the sheriff, special sheriff, deputies, jailers, superintendents, deputy superintendents, assistant deputy superintendents, keepers, officers, assistants or the employees of the office of a transferred sheriff, as the case may be, which are pending on the effective date of this act shall continue unabated and remain in force notwithstanding the passage of this act.
(e) All records maintained by the sheriff, special sheriff, deputies, jailers, superintendents, deputy superintendents, assistant deputy superintendents, keepers, officers, assistants and other employees of the office of a transferred sheriff on the effective date of this act shall continue to enjoy the same status in any court or administrative proceeding, whether pending on that date or commenced thereafter, as they would have enjoyed in the absence of the passage of this act.
SECTION 18. All officers and employees of the office of a transferred sheriff transferred to the service of the commonwealth shall be transferred with no impairment of seniority, retirement or other rights of employees, without reduction in compensation or salary grade and without change in union representation, except as otherwise provided in this act. Any collective bargaining agreement in effect for transferred employees on the effective date of this act shall continue as if the employees had not been so transferred, until the expiration date of the collective bargaining agreement. Nothing in this section shall be construed to confer upon any employee any right not held on the effective date of this act, or to prohibit any reduction of salary or grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before that date.
SECTION 19. (a) Notwithstanding any general or special law to the contrary, employees or retired employees of the office of a transferred sheriff and the surviving spouses of retired employees of the office of a transferred sheriff who are eligible for group insurance coverage as provided under chapter 32B of the General Laws or who are insured under said chapter 32B, shall have that eligibility and coverage transferred to the jurisdiction of the group insurance commission effective 4 months after the effective date of this act, and those employees shall cease to be eligible or insured under said chapter 32B. These employees shall not be considered to be new employees. The group insurance commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental and other health insurance benefits to the extent authorized under chapter 32A of the General Laws. Employees who were covered by a collective bargaining agreement on the effective date of this act shall continue to receive the group insurance benefits required by their respective collective bargaining agreements until a successor agreement is ratified and funded.
(b) The human resources division of the executive office for administration and finance shall assume the obligations of the office of a transferred sheriff to employees who become state employees and who are covered under a health and welfare trust fund agreement established under section 15 of chapter 32B of the General Laws pursuant to a collective bargaining agreement until the expiration date of the collective bargaining agreement.(c) Any monies in a claims trust fund established pursuant to section 3A of said chapter 32B that would otherwise have been reserved for claims made by employees of a transferred sheriff are hereby transferred to the group insurance commission as of the effective date of this act.
SECTION 20. Notwithstanding chapter 32 of the General Laws or any other general or special laws to the contrary, the retirement system in the county of a transferred sheriff shall continue pursuant to this section and shall be managed by the retirement board as provided in this section beginning on the effective date of this act. Employees of a transferred sheriff who retired on or before the effective date of this act shall be members of the county retirement system, which shall pay the cost of benefits annually to such retired county employees and their survivors. The retirement assets of the employees of transferred sheriffs who become state employees pursuant to this act shall be transferred from said county retirement system to the state retirement system, which shall thereafter be responsible for those employees, subject to the laws applicable to employees whose transfer from one governmental unit to another results in the transfer from one retirement system to another, except for paragraph (c) of subsection (8) of section 3 of chapter 32 of the General Laws. All other provisions governing the retirement systems of the counties of Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk shall remain in effect.
SECTION 21. County commissioners, county sheriffs, county treasurers, county retirement systems, the State-Boston retirement system, and all executive branch agencies and officers shall cooperate with the secretary of administration and finance in effecting the orderly transfer of the county sheriffs to the commonwealth. The secretary may establish working groups as considered appropriate to assist in the implementation of the transfer.
SECTION 22. There shall be established a special commission to consist of 8 members, 1 of whom shall be a member of the Massachusetts Sheriffs’ Association, 1 of whom shall be a county commissioner of a county of a transferred sheriff, 2 of whom shall be appointed by the speaker of the house of representatives, 2 of whom shall be appointed by the president of the senate and 2 of whom shall be appointed by the governor for the purpose of making an investigation and study relative to the reorganization or consolidation of sheriffs’ offices, to make formal recommendations regarding such reorganization or consolidation and to recommend legislation, if any, to effectuate such recommendations relating to the reorganization, consolidation, operation, administration, regulation, governance and finances of sheriffs’ offices. The chairman of the commission shall be selected by its members. Section 2A of chapter 4 of the General Laws shall not apply to said commission. So long as a member of the commission discloses, in writing, to the state ethics commission any financial interest as described in section 6, 7, or 23 of chapter 268A of the general laws which may affect the members work on the commission, the member shall not be deemed to have violated said section 6, 7, or 23 of said chapter 268A. 4 members of the commission shall constitute a quorum and a majority of all members present and voting shall be required for any action voted by the commission including, but not limited to, voting on formal recommendations or recommended legislation.
The commission, as part of its review, analysis and study, in making such recommendations regarding the reorganization, consolidation, operation, administration, regulation, governance and finances of sheriffs’ offices, shall focus on and consider the following issues, proposals and impacts:
(1) the possible consolidation, elimination or realignment of certain sheriffs’ offices and the potential cost savings and other efficiencies that may be achieved by eliminating, consolidating and realigning certain sheriffs’ offices to achieve pay parity;
(2) any constitutional, statutory or regulatory changes or amendments that may be required in order to effectuate any such consolidation or reorganization;
(3) the reallocation of duties and responsibilities of sheriffs’ office as a consequence of any such consolidation or reorganization; and
(4) the consideration of any other issues, studies, proposals or impacts that, in the judgment of the commission, may be relevant, pertinent or material to the study, analysis and review of the commission.
The commission shall submit a copy of a final report of its findings resulting from its study, review, analysis and consideration, including legislative recommendations, if any, to the governor, president of the senate, speaker of the house of representatives, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on state administration and regulatory oversight and shall file the report with the clerk of the house of representatives on or before December 31, 2009. Any department, division, commission, public body, authority, board, bureau or agency of the commonwealth shall cooperate with the commission for the purpose of providing information or professional expertise and skill relevant to the responsibilities of the commission subject to considerations of privilege or the public records law.
SECTION 23. This act shall take effect on July 1, 2009.