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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT ESTABLISHING THE POSITION OF DIRECTOR OF FINANCE IN THE TOWN OF DEDHAM.

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. The charter of the town of Dedham, which is on file in the office of the archivist of the commonwealth, as provided in section 12 of chapter 43B of the General Laws, is hereby amended by striking out in subsection (a) of section 3-1 the words "a treasurer, a collector".

SECTION 2. Said charter is hereby further amended by striking out sections 3-6 and 3-12.

SECTION 3. Section 4-2 of said charter is hereby amended by adding the following clause:

(s) To appoint the director of finance.

SECTION 4. Said charter is hereby further amended by striking out section 5-1 and inserting in place thereof the following section:-

Section 5-1 Director of Finance

(a) Appointment, Term of Office - There shall be a director of finance appointed by the town administrator with the consent of the board of selectmen for a definite term of not more than 3 years per term. The director of finance shall be a person qualified by education, training and previous experience to perform the duties of the office. A director of finance may be removed from office in accordance with the procedures established in section 6-15.

(b) Salary - In establishing the annual salary for the director of finance the town administrator shall take into account both the quality of the applicant or incumbent and the economic forces of the human resource market.

(c) Powers and Duties - In addition to all of the powers and duties conferred and imposed by law upon town accountants and town comptrollers, the director of finance shall have the following powers and duties:

(1) The director of finance shall be responsible for coordinating and directing all aspects of the town's financial practices and procedures consistent with Massachusetts General Laws, shall oversee the functions of the town collector and town treasurer, and shall have oversight of all accounting, treasury, collection, and risk management functions of the town.

(2) The director of finance shall be responsible to assure that all financial transactions of the town are in accordance with all requirements of federal, state, county and local law and all rules and regulations relating thereto.

(3) The director of finance shall be responsible to assure that all financial resources of the town are adequately safeguarded and utilized.

(4) The director of finance shall be responsible for both short term and long term financial planning for the town.

(5) The director of finance shall be an ex-officio member of every multiple member body of the town which is in any way concerned or involved with financial planning, policies or practices, specifically including the finance committee or any other committee established to advise the town meeting with respect to appropriations to be made. The director of finance may designate another to attend any meeting of any such multiple member body to represent the views of the director of finance.

(6) The director of finance shall appoint, with the consent of the town administrator, a collector. The collector shall be a person qualified by education, training and previous experience to perform the duties of the office. Subject to the supervision of the director of finance, the collector shall collect all accounts due to the town and shall have all of the powers and duties which collectors may have under the constitution and laws of the commonwealth. The collector may also exercise such additional powers and duties as may from time to time be assigned to that office by the charter, by by-law or by other vote of the town meeting. A collector may be removed from office in accordance with the procedures established in section 6-15.

(7) The director of finance shall appoint, with the consent of the town administrator, a treasurer. The treasurer shall be a person qualified by education, training and previous experience to perform the duties of the office. Subject to the supervision of the director of finance the treasurer shall receive and take charge of all funds belonging to the town and shall have all of the powers and duties which treasurers may have under the constitution and laws of the commonwealth. The treasurer may also exercise such additional powers and duties as may from time to time be assigned to that office by the charter, by by-law or by other vote of the town meeting. A treasurer may be removed from office in accordance with the procedures established in section 6-15.

(8) The director of finance shall oversee the automated data processing and information systems and procurements.

(d) Acting Director of Finance - In the event of a vacancy in the office, or the temporary absence of the director of finance due to illness or other cause, the town administrator may appoint an acting director of finance to serve for not more than 10 days. If a vacancy will exist for more than 10 days, the consent of the board of selectmen shall be required for any such temporary appointment.

(e) Bond - The director of finance shall give bond to the town with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of the duties of said office. The premium for such bond shall be paid by the town.

SECTION 5. Notwithstanding sections 1 and 3, the incumbent in the office of treasurer upon the effective date of this act shall continue to hold the office and perform the duties thereof until the expiration of his term or a precedent vacating of office. The incumbent treasurer shall be the first appointed treasurer under this act unless he shall refuse the appointment.

SECTION 6. This act shall be submitted for acceptance to the voters of the town of Dedham at an annual or special town election in the form of the following question which shall be placed on the official ballot: "Shall an act passed by the general court in the year 2002, entitled 'An Act establishing the position of director of finance in the town of Dedham' be accepted?"

If a majority of the votes cast in answer to this question is in the affirmative, this act shall take effect, but not otherwise.

Approved January 31, 2002.