Amendment #244 to H4179
Greenway Amendment
Mr. Michlewitz of Boston moves to amend the bill inserting at the end the following:
SECTION XX. Chapter 306 of the Acts of 2008 is hereby amended by adding the following Section 8A:-
SECTION 8A. The board shall comply with sections 18-25 of chapter 30A of the General Laws except as otherwise set forth below. The board shall be subject to oversight and enforcement by the Attorney General as set forth in sections 18-25 of chapter 30A of the General Laws, except as otherwise set forth below. Any lease between the department of transportation and the Conservancy described in Section 10 shall provide that any material failure of the board to comply with the provisions of sections 18-25 of chapter 30A that is not cured in accordance with the terms of the lease or as ordered by the Attorney General shall be considered a default under said lease, and shall be subject to such remedies for default set forth in said lease.
Notwithstanding anything in section 18-25 of chapter 30A of the General Laws to the contrary, the board may meet in executive session for any of the purposes set forth in section 21(a) of chapter 30A, as well as for the following purposes:
(a)To discuss fundraising and non-governmental revenue issues and opportunities, including but not limited to fundraising prospects, fundraising or grant agreements, or fundraising strategy; or
SECTION 2. Chapter 306 of the Acts of 2008 is herby amended by adding the following Section 8B:-
SECTION 8B. The Board shall comply with the requirements of clause 26 of section 7 of chapter 4, section 10 of chapter 66. Provided further that any donations received by the Conservancy from a private individual, corporation, or any other private source shall be exempted from the provisions of this section. Any lease between the department of transportation and the Conservancy described in Section 10 shall provide that any material failure of the board to comply with the requirements of clause 26 of section 7 of chapter 4, section 10 of chapter 66 that is not cured in accordance with the terms of the lease, shall be considered a default under said lease, and shall be subject to such remedies for default set forth in said lease.
SECTION 3. Section 8 of Chapter 306 of the Acts of 2008 is herby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-
The board of directors shall consist of 21 persons who shall be voting members. The by-laws shall contain provisions ensuring that as a director’s term expires, the board of directors fill each vacant position, provided that: (i) 1 such director shall be voted from nominees selected by the state representative representing the third suffolk district for a term of 5 years and 1 such director shall be voted from nominees selected by the state senator representing the first suffolk and first middlesex district for a term of 5 years; (iii) 2 directors shall be selected by the board from a list of names provided by the governor; (iv) 2 director shall be selected by the board from a list of names provided by the mayor of the city of Boston; (v) 1 director shall be selected by the board from a list of names provided by the Secretary of the Department on Transportation; (vi) 1 director shall be selected from a list of names provided by the Secretary of the Department of Energy and Environmental Affairs; (vi) 1 director shall be selected from a list of names provided by the North End/Waterfront Neighborhood Council; (vii) 1 director shall be selected from a list of names provided by the Wharf District Council; (viii) 1 director shall be selected from a list of names provided by the Chinatown Neighborhood Council; (ix) 1 director shall be selected from a list of names provided by the Leather District Neighborhood Association; (x) the remaining directors shall be selected for 3 year terms by a majority vote of said board then serving, notwithstanding the two term limited Board appointments from May of 2009. Those appointments shall expire and they shall revert to the North End/Waterfront Residents Association and the Chinatown Residents Association who shall each respectively submit a list of names for the board to select 1 director from each organization.
All directors and committee members shall serve without compensation. No director or committee member shall be deemed a public employee or a state, special state, municipal or special municipal employee or a civil officer by virtue of his position as a director or committee member. Other provisions relative to tenure, removal, resignation, quorum, meetings, notices, and the like shall be contained in the by-laws, which may be amended, revised and adopted by the conservancy as it deems appropriate and in a manner not inconsistent with this act or the agreement.
SECTION 4. Chapter 306 of the Acts of 2008 is herby amended by striking out Section 9 in its entirety.