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Session Law

2006

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Chapter 332 AN ACT RELATIVE TO QUINCY COLLEGE.

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.
(a) Notwithstanding any general or special law to the contrary, for good and valuable consideration provided and accepted, Quincy College shall have general charge and the exclusive control and custody, including responsibility for all costs, repairs, maintenance, liability and insurance, of the property known as Saville Hall and located at 26-36 Saville avenue in the city of Quincy, in this act called the “property” or “Saville Hall”, and Quincy College shall indemnify and hold the city of Quincy harmless against liability associated with or resulting from the college’s occupation and use of Saville Hall. At the time Quincy College may become independent from the city of Quincy or obtains a legal status that permits Quincy College to own real property independent from the city of Quincy, the city, acting through the mayor, shall convey to Quincy College all ownership and title to Saville Hall and shall neither demand nor request nor be entitled to any further or subsequent consideration for the transfer. In all cases, property taxes for the property shall be assessed and paid in accordance with then applicable statutes and regulations.

(b) If Quincy College, upon the recommendation of the college president and a two-thirds vote of the board of governors of the college, determines that it no longer has a use for Saville Hall and declares the property to be surplus and available for disposition, the property shall first be offered for transfer to the city of Quincy and the city, acting through the mayor and upon a two-thirds vote of the city council may acquire the general charge and exclusive custody and control of Saville Hall from the college for fair market consideration. If, within 60 days of the vote of the board of governors to declare the property to be surplus and available for disposition, and the city and the college cannot agree on fair market consideration, then either party may refer the matter to binding arbitration, without objection from the other party, before ADR, Inc. or any other comparable mediation entity. In the event that the college has become independent from the city of Quincy or has otherwise obtained a legal status that permits the college to own real property independent from the city and the property has been conveyed to the college pursuant to subsection (a), then the property may be purchased by the city of Quincy, acting through the mayor and upon a two-thirds vote of the city council, from the college for fair market value. In the event the city of Quincy chooses not to accept the transfer or purchase of the property upon these terms from Quincy College, it shall be offered for sale pursuant to applicable state procurement statutes and regulations. The foregoing shall not prevent Quincy College, upon the recommendation of the college president and a two-thirds vote of the board of governors, from retaining its interest in the property and leasing it to a third party pursuant to applicable state procurement statutes and regulations. Revenue or income generated by the lease, transfer, or sale of the property shall be deposited in the fund established by chapter 313 of the acts of 1981 or any successor fund established by special legislation and will inure to the benefit of Quincy College. In all cases property taxes for the property shall be assessed and paid in accordance with then applicable statutes and regulations.

SECTION 2. The first paragraph of section 2 of chapter 53 of the acts of 1994 is hereby amended by striking out the third subparagraph and inserting in place thereof the following subparagraph:-

The governors shall be appointed by a board of governors appointing council made up of 2 members of the school committee for the city of Quincy selected by the vice-chairperson of the school committee, 2 city councilors selected by the Quincy city council president, 5 members selected by the chairperson of the Quincy College board of governors, 1 of whom shall be an alumnus of Quincy College, and 1 of whom shall be a student at Quincy College, and 2 individuals selected by the mayor of the city of Quincy.

SECTION 3.
Said chapter 53 is hereby amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. (a) Quincy College shall compensate the city of Quincy the amount of $100,000 per fiscal year for mandatory services provided to the college by the city by virtue of the college’s status as a department of the city on an annual basis, the payment to be due no later than June 1 of the fiscal year. This amount shall be increased on an annual basis by 3 per cent, compounded annually. For purposes of this subsection “mandatory services” shall mean work, service, or time spent by a city employee for the benefit of Quincy College as required by any federal, state special or general law, regulation or municipal charter or ordinance provision. For purposes of this chapter the services shall not include legal services provided by the city employees beyond legal services associated with the standard review of college contracts or outside legal services, which are governed by subsection (b).

(b) Notwithstanding any special or general law to the contrary, the president of Quincy College, with the approval of the board of governors, may employ legal counsel for the general purposes of the college. If the college president, with the approval of the mayor, chooses to utilize a city attorney to provide legal services beyond the standard review of college contracts or legal services provided to the college by its own counsel, or if the city is required to defend itself in connection with a claim or suit brought against or arising solely out of actions or omissions of the college, the college shall reimburse the city on an hourly basis for the legal services only.

(c) Nothing in this act is intended to alter or affect the payment obligations of Quincy College or the city of Quincy with respect to non-service costs incurred by the city on behalf of the college, including but not limited to any direct or indirect personnel costs such as workers’ compensation, unemployment, insurance or pension benefits, and the costs of goods.

SECTION 4.
Section 11 of said chapter 53 is hereby amended by striking out the third sentence and inserting in place thereof the following 2 sentences:- The mayor of the city of Quincy may designate a representative to act in its interest in labor relations matters with its employees. The president of Quincy College or his designee shall participate in all collective bargaining with Quincy College employees.

SECTION 5. Section 2 shall take effect as of May 1, 2006.

Approved October 26, 2006.


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