Mass General LAWS - those pesky things

Mass General LAWS  - those pesky things

Regarding  Salary provisions in Budget; Requirements and LIMITATIONS:

Chapter 44 Section 33a

Section 33A. The annual budget shall include sums sufficient to pay the salaries of officers and employees fixed by law or by ordinance. Notwithstanding any contrary provision of any city charter, no ordinance providing for an increase in the salaries or wages of municipal officers or employees shall be enacted except by a two thirds vote of the city council, nor unless it is to be operative for more than three months during the calendar year in which it is passed. No new position shall be created or increase in rate made by ordinance, vote or appointment during the financial year subsequent to the submission of the annual budget unless provision therefor has been made by means of a supplemental appropriation. No ordinance, vote or appointment creating a new position in any year in which a municipal election is held shall be valid and effective unless said ordinance, vote or appointment is operative for more than three months during said municipal election year.  

Chapter 44 Section 33b

Section 33B: Transfer of appropriations; restrictions

[ Subsection (a) effective until November 7, 2016. For text effective November 7, 2016, see below.]
  Section 33B. (a) On recommendation of the mayor, the city council may, by majority vote, transfer any amount appropriated for the use of any department to another appropriation for the same department. In addition, the city council may, by majority vote, on recommendation of the mayor, transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year to apply to the previous fiscal year, an amount appropriated for the use of any department other than a municipal light department or a school department to the appropriation for any other department, but the amount transferred from 1 department to another may not exceed, in the aggregate, 3 per cent of the annual budget of the department from which the transfer is made. Except as provided in the preceding sentence, no transfer shall be made of any amount appropriated for the use of any city department to the appropriation for any other department except by a 2/3 vote of the city council on recommendation of the mayor and with the written approval of the amount of the transfer by the department having control of the appropriation from which the transfer is proposed to be made. No transfer involving a municipal light department or a school department shall be made under the previous sentence without the approval of the amount of the transfer by a vote of the municipal light department board or by a vote of the school committee, respectively.
[ Subsection (a) as amended by 2016, 218, Sec. 75 effective November 7, 2016. For text effective until November 7, 2016, see above.]

  (a) On recommendation of the mayor, the city council may, by majority vote, transfer any amount appropriated for the use of any department to another appropriation for the same department. In addition, the city council may, by majority vote, on recommendation of the mayor, transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year, to apply to the previous fiscal year, any amount appropriated, other than for the use of a municipal light department or a school department, to any other appropriation. Except as provided in the preceding sentence, no transfer shall be made of any amount appropriated for the use of any city department to the appropriation for any other department except by a 2/3 vote of the city council on recommendation of the mayor and with the written approval of the amount of the transfer by the department having control of the appropriation from which the transfer is proposed to be made. No transfer involving a municipal light department or a school department shall be made under the previous sentence without the approval of the amount of the transfer by a vote of the municipal light department board or by a vote of the school committee, respectively.
[ Subsection (b) effective until November 7, 2016. For text effective November 7, 2016, see below.]

  (b) A town may, by majority vote at any meeting duly held, transfer any amount previously appropriated to any other use authorized by law. Alternatively, the selectmen, with the concurrence of the finance committee or other entity establish under section 16 of chapter 39, may transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year to apply to the previous fiscal year, any amount appropriated for the use of any department other than a municipal light department or a school department to the appropriation for any other department or within a department, but the amount transferred from 1 department to another or within a department may not exceed, in the aggregate, 3 per cent of the annual budget of the department from or within which the transfer is made or $5,000, whichever is greater.
[ Subsection (b) as amended by 2016, 218, Sec. 76 effective November 7, 2016. For text effective until November 7, 2016, see above.]

  (b) A town may, by majority vote at any meeting duly held, transfer any amount previously appropriated to any other use authorized by law. Alternatively, the selectmen, with the concurrence of the finance committee or other entity established under section 16 of chapter 39, may transfer within the last 2 months of any fiscal year, or during the first 15 days of the new fiscal year to apply to the previous fiscal year, any amount appropriated, other than for the use of a municipal light department or a school department, to any other appropriation.

  (c) No approval other than that expressly provided in this section shall be required for any transfer under this section.

Don't you think it would be prudent to have town counsel 's opinion on Bud Chase's intent to retire and the impact that has on the "plans" to consolidate two town departments? Does the "Resolution" the selectmen passed need town meeting approval?

Can anyone really trust anything Carter Terenzini says? 


He has lied to the Secretary of the Commonwealth!  Maybe he continues to lie. 

Release the unredacted report by the "neutral evaluator" . The public has a right to know!

From A Guide to the Massachusetts Public Records Law 
"

Public employees have a diminished expectation of privacy in matters relating to their public employment.63 Consequently, the public will have greater access to information that relates to an individual’s public employment than to the same individual’s private activities.64 For example, an individual’s public employment salary is a public record, but the source or amount of private income generally is not public information.65 

The second clause of the privacy exemption applies to requests for records that implicate privacy interests. Its application is limited to “intimate details of a highly personal nature.”66 Examples of “intimate details of a highly personal nature” include marital status, paternity, substance abuse, government assistance, family disputes and reputation.67 Portions of records containing such information are exempt unless there is a paramount public interest in disclosure.68 

When applying the second clause of the exemption to requested records it is necessary to perform a two-step analysis: first, determine whether the information constitutes an “intimate detail” and second, determine whether the public interest in disclosure outweighs the privacy interest associated with disclosure.69 Consequently, the application of the second clause of the exemption must be determined on a case-by-case basis. 

For example: Can a public employee’s employment application and work evaluation be disclosed? 

Under the first clause of Exemption (c), certain personnel records may be withheld, therefore, the records custodian may properly withhold certain employment applications and work evaluations under Exemption (c). 

Candidates for state employment must provide prospective employers with written disclosure of any relative who is also a state employee. The content of this disclosure is considered public under the Public Records Law.70 

For example: Does Exemption (c) permit resumes of public officials to be withheld from disclosure? 

Some of the information contained in a resume may be exempt from disclosure because it relates to a specifically identifiable individual and is the type of information that is useful in making employment decisions. Exemption (c) does not, however, automatically render resumes exempt in their entirety. The statutory exemptions are narrowly construed and are not blanket in nature. The Public Records Law requires a case-by-case analysis of the applicability of its exemptions. Relevant degrees and certifications may be subject to disclosure upon request. Public employees have a diminished expectation of privacy in matters relating to their public employment and the public has a legitimate interest in knowing whether public employees possess the qualifications necessary to perform their jobs.

 Open? Honest? Transparent? NOT!