AN ACT AUTHORIZING THE ESTABLISHMENT OF A REGIONAL OLD COLONY COMMUNICATIONS CENTER ENTERPRISE FUND BY THE TOWN OF DUXBURY
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 section 53F½ of chapter 44 of the General Laws or of any other general or special law, by-law or charter provision to the contrary, the town of Duxbury may establish and fund the regional dispatch center known as the regional old colony communications center as set forth in the intermunicipal agreements with its regional member towns, which shall be funded through an enterprise fund to account for the provision of consolidated emergency dispatch services for the town of Duxbury and member towns.
(b) The enterprise fund shall be administered by the board of selectmen of the town of Duxbury. In accordance with section 4A of chapter 40 of the General Laws, any member town wishing to participate in the regional old colony communications center or currently participating in the center shall enter into and may amend the individual and intermunicipal agreements for these services to provide sufficient financial safeguards for all participants, including, but not limited to: (i) accurate and comprehensive records of services performed, costs incurred and reimbursements and contributions received; (ii) the performance of regular audits of such records; and (iii) provisions for officers responsible for the agreement to give appropriate performance bonds. Notwithstanding any general or special law, by-law or charter provision to the contrary, no regional member town or governmental unit shall be exempt from liability for its obligations under an agreement lawfully entered into in accordance with this section. The agreements shall detail each member town’s respective funding allocation and other aspects of their participation, liability and responsibilities. Individual agreements and intermunicipal agreements may from time to time be amended in a manner not inconsistent with this section.
The enterprise fund shall be funded by all revenues received by the town of Duxbury from member towns in the manner set forth in agreements with the regional member towns. The revenue in the enterprise fund and any interest earned thereon shall be used to pay: (i) costs of operation and maintenance of the center; (ii) costs of future maintenance, repairs, extensions, reconstruction, enlargements, additions and improvements thereto, under the direction of the board of directors of the regional old colony communications center, and then as appropriated by the town; and (iii) the principal and interest on any bonds or notes issued and authorized in accordance with the requirements of chapter 44 of the General Laws. All interest generated by the enterprise fund shall remain in, and as a part of, the enterprise fund and all revenues received by the enterprise fund may accumulate from year to year, subject to appropriation by the town of Duxbury for the benefit of its dispatch operations.
(c) The powers, duties and liabilities of the enterprise fund shall be vested in and exercised by the board of selectmen of the town of Duxbury. The board shall effectuate the agreements with member towns and shall establish and manage the enterprise fund to which all monies contributed by the participating towns and all grants and gifts from the federal or state government or any other source shall be deposited. The enterprise fund shall be included in the annual audit of the town of Duxbury and a copy of such audit shall be provided to the member towns and to the division of local services of the department of revenue.
(d) The board of selectmen of the town of Duxbury shall appoint a director to manage the daily operations of the regional old colony communications center. The director shall confer with the police chief and fire chief of the town of Duxbury, and may confer with the police chiefs and fire chiefs of the member towns, to establish, and from time to time amend, any policy or procedure relative to the center’s daily operations and general activities. All other town officials of the town of Duxbury in the areas of administration, finance and human resources, as well as any additional officials who the board may designate, shall comprise the officials and staff of the center. The indirect cost methodology to allocate the salaries and wages of these officials and the respective costs of their departments shall be laid out in the member towns’ agreements.
(e) The enterprise fund shall not be restricted by the town of Duxbury’s annual tax levy for the fiscal year. The town of Duxbury shall not be required to include in its tax levy for the fiscal year the amount appropriated for the total expenses of the enterprise fund and an estimate of the income to be derived by the operations of the center. If the estimated income is less than the total appropriation, the difference shall be added to the tax levy and raised by taxation or by contributions from other member towns. If the estimated income is more than the total appropriation, the excess shall be appropriated to a separate fund and used for capital expenditures of the center, subject to appropriation by the town of Duxbury.
SECTION 2. This act shall take effect upon passage of the first regional old colony communications center enterprise budget by the town of Duxbury for the fiscal year beginning July 1, 2022.
Approved, June 13, 2022.