FILED ON: 4/27/2020

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4673

The Commonwealth of Massachusetts

_______________

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

_______________

An Act changing the position of treasurer in the county of Dukes County to an appointed position.

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. Notwithstanding section 1 of chapter 35 of the General Laws, section 160 of chapter 54 of the General Laws or any other general or special law, rule or regulation to the contrary, the treasurer for the county of Dukes County shall be appointed and may be removed, for cause, after the opportunity for a hearing, by the commissioners for the county. The treasurer shall have all the powers, perform the duties and be subject to the liabilities and penalties now or hereafter conferred and imposed by law on county treasurers. The commissioners may establish an employment contract with the treasurer for salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, reimbursement for expenses incurred in the performance of the duties of office, liability insurance and conditions of discipline, termination, dismissal, reappointment, performance standards and leave.

SECTION 2. Upon the effective date of this act, the elected office of county treasurer of the county of Dukes County shall be abolished.  The current appointed treasurer shall continue in that position, and perform the duties thereof, until the expiration of the term for which she was appointed or if she sooner vacates, after which the commissioners shall appoint a county treasurer pursuant to section 1.

SECTION 3. No contracts or liabilities in force on the effective date of this act shall be affected by the abolition of the elected office of county treasurer and the appointed treasurer shall, in all respects, be the lawful successor of the office so abolished. All records, property and equipment of the offices of the elected county treasurer shall be assigned to the office of the appointed county treasurer.

SECTION 4. (a) This act shall not take effect until upon its passage and approval by the Dukes County voters at the 2020 state election. At said election the votes shall be taken in answer to the following question, which shall be placed on the official ballot in the following form:-

“Shall the county vote to have its elected county treasurer of the county of Dukes County become an appointed county treasurer of Dukes County?”  Yes____ No____.

A fair, concise summary of the question, as provided for in section 4 shall appear below the question.

(b) If a majority of votes cast in answer to said question is in the affirmative, said office

shall become appointed in accordance with the provisions of this act.

SECTION 5. The county commissioners of Dukes county shall prepare a fair, concise summary of this act to appear with the question in section 4 no later than 90 days before the election.

SECTION 6. If there is a duly elected county treasurer at the 2020 state election, this act shall not take effect until such treasurer is done serving his or her term or if he or she sooner vacates.