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The 192nd General Court of the Commonwealth of Massachusetts


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. Section 7 of chapter 408 of the acts of 1924 is hereby amended by striking out the last paragraph, added by chapter 12 of the acts of 1999, and inserting in place thereof the following 2 paragraphs:-

The prudential committee of the district shall appoint a suitably qualified person to the office of clerk-treasurer of the district. The clerk-treasurer shall have and exercise all the powers and rights and be subject to all the duties and liabilities now or hereafter conferred or imposed by law upon fire district clerks and fire district treasurers, and the district shall not have an office of clerk or an office of treasurer. The clerk-treasurer shall hold office at the will of the prudential committee and may be removed from office in the discretion of the prudential committee. The clerk-treasurer shall be sworn to the faithful performance of duty by the chairman of the prudential committee or by a justice of the peace. In case of death, resignation or removal from office of the clerk-treasurer, the prudential committee shall appoint a suitably qualified person to fill the vacancy.

The prudential committee may establish an employment contract for a period of time with a clerk-treasurer appointed by the prudential committee to provide for the salary, fringe benefits and other conditions of employment, including but not limited to severance pay, relocation expenses, reimbursement for expenses incurred in the performance of duties of office, liability insurance, leave, supplemental retirement and insurance benefits for the clerk-treasurer. Nothing in the preceding sentence shall affect the appointment or removal powers of the prudential committee over the clerk-treasurer.

SECTION 2. Notwithstanding section 1 of this act, the incumbent in the office of clerk-treasurer upon the effective date of this act shall continue to hold that office and perform the duties thereof until the expiration of the term for which he was elected and the appointment and qualification of a successor, or until the incumbent otherwise vacates the office.

Approved January 5, 2005.