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The 192nd General Court of the Commonwealth of Massachusetts

Section 26: Director of the state lottery; appointment; powers and duties

Section 26. The state treasurer shall, subject to the approval of the governor, appoint a director of the state lottery, hereinafter called the director, who shall serve at the pleasure of the state treasurer, shall devote his entire time and attention to the duties of his office, and shall receive such salary as the commission may determine. He shall supervise and administer the operation of the lottery in accordance with the provisions of the state lottery law, and rules and regulations made thereunder. He shall, subject to the approval of the commission, appoint such deputy directors and such other professional, technical and clerical assistants and employees as may be necessary; provided, however, that such deputies, assistants and employees shall not be subject to chapter thirty-one or section nine A of chapter thirty. The director shall, so far as practicable in making appointments to such positions, employ employees of the commonwealth serving in positions which are classified under chapter thirty-one; and in every such instance, and in every instance of an employee so hired from a position in which at the time of his employment by the lottery he shall have tenure under chapter seventy-three, or by reason of section nine A of chapter thirty, upon termination of his service in such unclassified position with the lottery, the employee shall, if he shall so request, be restored to the position from which he shall have been hired or, if said position is unavailable, to a position equivalent thereto in salary grade without impairment of his civil service status or his tenure under chapter seventy-three or by reason of said section nine A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled him; provided, however, that if his service in such position shall have been terminated for cause, his right to be so restored shall be determined by the civil service commission in accordance with the standards applied by said commission in administering said chapter thirty-one; and provided further, that the director shall have the same rights as are accorded herein to other employees of the lottery to be restored to a position with the commonwealth or any instrumentality thereof which he may have held at the time of his original appointment as director. He shall act as secretary and executive officer of the commission and shall license as agents to sell lottery tickets such persons as in his opinion will best serve the public convenience and promote the sale of tickets or shares, provided, however, that no person shall be assigned more than one license to sell lottery tickets or shares. He shall require a bond from every such licensed agent, in such amount as may be provided in the rules and regulations of the commission. Every licensed agent shall prominently display his license, or a copy thereof. The director shall confer regularly as necessary or desirable and not less than once every month with the commission on the operation and administration of the lottery, shall make available for inspection by the commission, upon request, all books, records, files, and other information and documents of the commission, shall advise the commission and recommend such matters as he deems necessary and advisable to improve the operation and administration of the lottery. He shall suspend or revoke any license for violation of the state lottery law or of the rules and regulations made thereunder. He shall, subject to the approval of the commission and the applicable laws relating to public contracts, enter into contracts for the operation of the lottery, or any part thereof, and into contracts for the promotion of the lottery. No contract awarded or entered into by the director shall be assigned by the holder thereof except with the specific approval of the commission. He shall certify monthly to the state treasurer and the commission a full and complete statement of lottery revenues, prize disbursements and other expenses for the preceding month.