HOUSE DOCKET, NO. 3013        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1244

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Chynah Tyler

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to the Reggie Lewis Track and Athletic Center.

_______________

PETITION OF:

HOUSE DOCKET, NO. 3013        FILED ON: 1/18/2019

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1244

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

An Act relative to the Reggie Lewis Track and Athletic Center.

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

Chapter 15A of the General Laws is hereby amended by striking out section 22A, as appearing in the 2016 Official Edition, and inserting in place thereof the following section:-

Section 22A. (a) For purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise: -

“Advisory board”, the Advisory board of the Reggie Lewis Track and Athletic Center established in subsection (d).

“Board of trustees”, the Board of trustees of the Roxbury Community College.

“Center”, the Reggie Lewis Track and Athletic Center established in subsection (b). 

“College”, the Roxbury Community College.

“Fund”, the Reggie Lewis Track and Athletic Center Building Trust Fund established in subsection (f).

''Use for nonpublic purposes'', shall include, but not be limited to, the leasing or renting of the building for commercial entertainment activity.

''Use for public purposes'', shall include, but not be limited to, use by public high school track programs, members of the abutting residential community, members of the community at large and the College’s athletic programs.

(b) There shall be established the Reggie Lewis Track and Athletic Center at the College. The Center shall be a building containing a Massachusetts state track and athletic facility which shall be maintained at the College for public purposes. In the event the facility is not in use for public purposes, the Board of trustees, in consultation with the Advisory board, may permit use for nonpublic purposes for a rental amount to be determined by the Board of trustees, in consultation with the Advisory board.

(c) The Board of trustees, in consultation with the Advisory board, shall have the following responsibilities, which include, but are not limited to:

(i) entering into agreements with the Massachusetts State Track Coaches Association,  Incorporated, Boston Public School Department of Athletics for track and field purposes, other public groups and nonpublic groups for nonpublic purposes in accordance with this section;

(ii) establishing and changing rules and regulations for the use of the Center by Massachusetts public high school track programs, the athletic programs of the college, members of the  members of the abutting residential community, members of the community at large, and nonpublic groups for nonpublic purposes in accordance with this section;

(iii) entering into agreements with vendors to provide concession stand services, contractors and subcontractors for the maintenance and operation of the Center, and other agreements as deemed necessary by the Board of trustees;

(iv) managing and operating the Fund; and

(v)  creating and managing parking accommodation policies for the Center provided by the College.

(d) There shall be established the Advisory board of the Center. The Advisory board shall advise and make recommendations to the Board of trustees regarding the management and operation of the Center. The Advisory board shall consider all matters submitted to it by the Board of trustees. The Advisory board shall consist of 11 members: 3 of whom shall be members of and appointed by the Massachusetts State Track Coaches Association, Incorporated; 2 of whom shall be employees of the athletic department of the College and appointed by the president of the College; and 3 members to be appointed by the State Representative of the seventh Suffolk district: 3 of whom shall be members of the direct abutting community; 1 of whom shall be a member of the community at large and appointed by the governor; 1 of whom shall be a member of the Center and appointed by the State Senator of the second Suffolk district. The State Senator in the Massachusetts Senate of the second Suffolk district, the State Representative in the Massachusetts House of Representatives of the seventh Suffolk district, and the executive director of the Center shall hold ex-officio seats on the Advisory board and, in such capacity, shall advise and make recommendations to the Advisory board. Members of the Advisory board shall serve terms of 4 years. Members of the advisory board shall serve without compensation, but shall be reimbursed for their expenses actually and necessarily incurred in the discharge of their official duties. Members of the Advisory board shall not be state employees for purposes of chapter 268A by virtue of their service on the Advisory board. The Advisory board shall meet quarterly and upon the written request of any 4 members of the Advisory board or the Board of trustees. A majority of the members of the Advisory board present and voting shall constitute a quorum.

The Advisory board, in consultation with the Board of trustees, shall have the following responsibilities, which include, but are not limited to: 

(i)  establish user fees;

            (ii) decide the priority of uses and schedule for the Center; and

(iii) provide guidance to the Board of trustees on the establishment and implementation of the Center’s annual budget.

(e) There shall be an executive director of the center selected by the Board of trustees from an option of three candidates submitted to it by the Advisory board after a public search. The executive director shall be responsible to report to the Board of trustees for the day-to-day management and operation of the Center, including but not limited to:

(i) the hiring, management, and supervision of staff including, but not limited to, a treasurer who shall oversee the implementation of the center’s budget, including the proper deposit of funds generated by the center into the center’s retained revenue account and preparation of quarterly and annual itemized revenue and expense reports which shall be made publicly available on a website maintained by the college; 

(ii) the execution and management of contracts for use of the facility and all business transactions between the Center and outside entities, including a memorandum of  agreement with the Massachusetts State Track Coaches Association and the Boston Public Schools Department of Athletics for track and field purposes;

(iii) the preparation of bids to attract state and national events to the center;

(f) There shall be established at the college a separate trust fund to be known as the Reggie Lewis Track and Athletic Center Trust Fund. The Fund shall consist of all user fees collected, concession stand commissions, fundraising revenue, and all other fees paid to the Center.

The Fund shall be established by the Board of trustees as an account separate from the College and the RCC Foundation and shall be under the Board of trustees’ supervision and control in accordance with Chapter 15A and other established Massachusetts state trust fund guidelines. The Fund’s expenditures shall be for equipment repair and maintenance, the Center’s operating expenses, and other reasonable and necessary purposes as determined the Board of trustees, in consultation with the Advisory board.

(g) The Center shall be made available without charge for use by public high school track programs, athletic programs of the college, and youth track and athletic programs of the direct abutting neighborhood. The Center shall be made available on a user fee basis, as determined by the Advisory board, in consultation with the Board of trustees, for members of the public. The Center shall be made available at market rate, as determined by the Advisory board, in consultation with the Board of trustees, for use for nonpublic purposes so long as the Center is not being used for public purposes.

(h) The annual operating expenses of the Center shall be separate and distinct from appropriations within the general appropriations act for the college, shall use a separate item of appropriation and shall be audited biennially by the state auditor.

(i) The records of the Board of trustees and Advisory board shall be public records pursuant to chapter 66.