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The 192nd General Court of the Commonwealth of Massachusetts

Section 8: Duties of commissioner relating to the proper management of the operation of the division of capital asset management and maintenance and the coordination of offices located therein; uniform contract conditions; administrative units; performance measures; audits

Section 8. The commissioner of capital asset management and maintenance shall:

(1) develop and operate automated management and information systems and provide data processing services;

(2) develop and maintain all necessary financial management systems, as prescribed by the comptroller, that will permit the proper management of the capital facility program, including a system to administer payments to those contracting for services and supply of materials;

(3) develop, justify and monitor internal operating budgets;

(4) provide business services including central filing, printing, and reproduction, correspondence and word processing services;

(5) perform or contract for performance of research on innovative methods for the acquisition, planning, design, construction, demolition, installation, and repair and maintenance of capital facilities;

(6) give counsel on all legal matters affecting capital facility projects provided that this provision shall not preclude the employment of counsel by any office within the division of capital asset management and maintenance;

(7) approve project budgets and the award of contracts;

(8) recommend and where appropriate, certify for disbursement monies appropriated or authorized for capital facility projects;

(9) establish guidelines and requirements for the preparation and retention of records and reports pertaining to the nature, scope and progress of capital facility projects; and

(10) perform such other acts to assure the proper management of the operation of the division of capital asset management and maintenance and the proper coordination of the work of and effective operation of the individual offices located therein.

The commissioner shall, after providing an opportunity for the attorney general and other interested parties to comment, promulgate and from time to time revise uniform contract conditions appropriate to the type of service being rendered to be incorporated in all contracts for services of that type related to capital facility projects. Such uniform contract conditions may be supplemented by but shall take precedence over additional contract conditions for any particular capital facility project.

The commissioner may from time to time establish within the division of capital asset management and maintenance such administrative units, in addition to the offices of programming, project management and facilities management, necessary for efficient and economical administration of the work of said division; and when necessary for such purpose, the commissioner may abolish such unit or may merge any 2 or more of them. The commissioner shall prepare and keep current a general statement of the organization of said division and of the assignment of functions to its various administrative units, officials, and employees. Said statement shall be known as the ''description of organization'' of said division, and shall be kept on file in said division.

The commissioner shall develop quantitative performance measures for each individual office and other administrative units located therein and for the division as a whole. Using such measures, the commissioner shall once each year prepare and submit to the secretary of administration and finance a report on the performance of the individual offices and of the division as a whole, comparing that performance with that of the previous 3 years, the reasons for any change, and recommending changes in the operation of the division and its offices, as will improve their performance.

The directors of individual offices and the heads of other administrative units located in the division shall, upon request by the commissioner conduct internal, operational, financial, and compliance audits.