Session Laws

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. Chapter 263 of the acts of 1982 is hereby amended by striking out sections 1 and 2 and inserting in place thereof the following five sections:-

Section 1. Notwithstanding any provisions of law to the contrary, the city of Lynn is hereby authorized to carry forward its overlay deficit, as it existed as of June thirtieth, nineteen hundred and eighty-two, and to raise said overlay deficit in the following manner: one-fifth of said deficit in fiscal nineteen hundred and eighty-three, the balance of said deficit to be raised in ten equal portions over the succeeding ten fiscal years.

Section 2. The city of Lynn is hereby authorized to borrow at one time or from time to time, a sum not to exceed three million five hundred thousand dollars, in the aggregate, from the commonwealth for the purpose of maintaining and operating schools in said city in fiscal year nineteen hundred and eighty-five. No interest shall be payable by said city on account of such loan.

Such loan or loans shall be payable not more than ten years from their dates.

For each loan, the amounts payable annually shall be as nearly equal from year to year as practicable in the opinion of the chief financial officer of the city of Lynn, or shall be arranged by said chief financial officer in accordance with a schedule providing for a more rapid amortization of the loan balance.

The state treasurer shall deduct and withhold the amount of principal due the commonwealth in any year on account of such borrowing from the distribution of educational aid payable to the city of Lynn pursuant to chapters fifty-eight and seventy of the General Laws.

Debts incurred under the authority of this act shall not be included in determining the limit of indebtedness of the city of Lynn as established by law.

Section 3. All proceeds of any borrowing authorized by section two shall be deposited in a separate fund which shall be set up on the books of the city and maintained separate and apart from all other funds and accounts of said city. Such fund shall be called the City of Lynn Finance Control Fund of 1984, hereinafter in this act referred to as the fund. Amounts deposited in the fund shall, upon written direction of the school superintendent, approved by a majority vote of the school committee and by a majority vote of the finance control board of the city of Lynn as established in section four, be expended without further appropriation for the purpose of maintenance and operations of public schools in said city in fiscal year nineteen hundred and eighty-five.

In the event that any amount borrowed under the authority of section two remains undisbursed on June thirtieth, nineteen hundred and eighty-five for the purposes provided herein, said amount shall be returned to the commonwealth and deducted from the amount due the commonwealth by the city of Lynn on account of such loans made pursuant to said section two.

Section 4. Upon issuance of loans from the commonwealth to the city of Lynn under the authority of section two, there shall be established in the executive office for administration and finance, a city of Lynn finance control board, hereinafter referred to as the board, consisting of the secretary of administration and finance, or his designee; the commissioner of education or his designee; the commissioner of revenue, or his designee; the mayor of the city of Lynn, or his designee; the president of the city council of the city of Lynn, or his designee; the chief financial officer of the city of Lynn; a member of the city of Lynn school committee, to be selected by the said school committee; and a representative of the Lynn business community, to be appointed by the governor.

The board shall be constituted to assure the implementation of appropriate initiatives to secure the financial stability of the city of Lynn. The board is further empowered to approve disbursements from the fund established by section three solely for the purposes provided in said section three. The board shall report its findings and reviews to appropriate departments and agencies of the commonwealth and to the mayor and city council of said city. In addition, the board shall recommend to such departments and agencies any further action the board determines necessary.

The action of a majority of the members of the board shall constitute a valid action thereof. Whenever any action of the board is required to be in writing, said writing shall be signed by a majority of its members. The members of the board shall serve without compensation.

The board shall continue in existence until June thirtieth, nineteen hundred and eighty-six unless its members, by unanimous vote dissolve the board prior to such date.

Section 5. Prior to any disbursement of funds, the board shall require the filing of a detailed work plan by the school superintendent which has been approved by the school committee, setting forth certain actions which will be implemented by the school department in order to ensure greater efficiency in the delivery of educational services to the citizens of the city of Lynn.

The work plan shall include, but not be limited to the following: (1) a plan for improved financial and spending controls; (2) budget guidelines and objectives for the nineteen hundred and eighty-four - nineteen hundred and eighty-five and nineteen hundred and eighty-five - nineteen hundred and eighty-six school years; (3) a plan for curriculum review with the goal of revitalizing and upgrading of student tests scores on scholastic aptitude tests and state basic skills test; (4) a review of school facilities and school organization; (5) a professional and non-professional staffing plan; (6) a plan for conducting a comprehensive review of vocational and occupational programs and services; (7) a review of school transportation and school lunch programs; (8) a review of special education programs; and (9) other proposed savings to be implemented in the nineteen hundred and eighty-four - nineteen hundred and eighty-five and nineteen hundred and eighty-five - nineteen hundred and eighty-six school years.

The work plan shall also set forth a detailed implementation schedule. The school superintendent shall file a status report with the board on a monthly basis.

Upon presentation by the school superintendent, with the approval of the school committee, of a request for a proposed disbursement from the fund, the board shall determine if the detailed work plan has been filed and whether the implementation schedule has been met. Disbursements shall be approved only if a work plan has been adopted by the school committee which is expected, in the judgment of the board, to achieve substantial efficiency in the delivery of educational services.

Within twenty-one days after the submission of a request for disbursement, the board shall either authorize the disbursement, if it is satisfied that the disbursement is appropriate, by a resolution adopted by the board, or reject the proposed disbursement, if the board is not satisfied, by the adoption of a resolution stating the basis of its disapproval. Failure to adopt any such resolution within twenty-one days of said request shall be a denial thereof.

Unless otherwise indicated by the board, disbursements which are approved shall issue on the following three dates: January fifteenth, March fifteenth, and June fifteenth of nineteen hundred and eighty-five.

Prior to April first, nineteen hundred and eighty-five, the school committee shall file a detailed proposed budget for the nineteen hundred and eighty-five - nineteen hundred and eighty-six school year with the board. The board shall review the proposed budget and issue a report of its findings by June first, nineteen hundred and eighty-five.

Section 2. Article 3 of the charter of the city of Lynn which is on file in the office of the archivist of the commonwealth, as provided in section twelve of chapter forty-three B of the General Laws, is hereby amended by striking out paragraph (a) of section 3-7, and inserting in place thereof the following paragraph:-

(a) The following administrative officers of the city shall be chosen by vote of the city council: a city clerk, a city solicitor, and a city electrician, and two members of the board of assessors.

Section 3. Article 5 of said charter which is one file in said office of the archivist of the commonwealth is hereby amended by adding the following two sections:-

Section 5-7-Allotments

On or before August first of each year, or within ten days after the approval of the city council and the mayor of the annual appropriation order for such fiscal year, whichever shall occur later, the city officials in charge of departments or agencies including the superintendent of schools for the school department, shall submit to the chief financial officer, with a copy to the city clerk, in such form as the chief financial officer may prescribe, an allotment schedule of the appropriations of all personnel categories included in said budget, indicating the amounts to be expended by the department or agency for such purposes during each of the fiscal quarters of said fiscal year, or such shorter time periods as the mayor or chief financial officer may prescribe. Whenever said chief financial officer determines that any department or agency, including the school department, will exhaust or has exhausted its quarterly or shorter time period allotment and any amounts unexpended in previous periods, he shall give notice in writing to such effect to the department head, the mayor, the city solicitor, and to the city clerk who shall forthwith transmit the same to the city council. Upon such a determination and notice thereof, said chief financial officer shall provide such officers additional reports on at least a monthly basis indicating the status of such accounts.

The mayor within seven days after receiving such notice, shall determine whether to waive or enforce such allotment. If the allotment for such period is waived or is not enforced, as provided above, the department or agency head shall reduce the subsequent period allotments appropriately. If the allotment for such period is enforced or not waived, thereafter the department shall terminate all personnel expenses for the remainder of such period. All actions, notices, and decisions provided for in this section shall be transmitted to the city council and the city clerk within seven days.

No personnel expenses earned or accrued, within any department, shall be charged to or paid from such department's or agency's allotment of a subsequent period without approval by the mayor, except for subsequently determined retroactive compensation adjustments. Approval of a payroll for payment of wages, or salaried or other personnel expenses which would result in an expenditure in excess of the allotment shall be a violation of this section by the department or agency head, including the superintendent of schools and the school committee. If the continued payment of wages, salaries or other personnel expenses is not approved in a period where a department has exhausted the period allotment or allotments as specified above, or, in any event, if a department has exceeded its appropriation for a fiscal year, the city shall have no obligation to pay such personnel cost or expense arising after such allotment or appropriation has been exhausted.

Notwithstanding the provisions of chapter one hundred and fifty E of the General Laws, every collective bargaining agreement entered into by the city or the school department after the effective date of this act shall be subject to and shall expressly incorporate the provisions of this section.

Section 5-8-Personal Liability for Expenditure in Excess of Appropriation

No official of the city of Lynn, except in the case of an emergency involving the health and safety of the people or their property, shall intentionally expend in any fiscal year any sum in excess of the appropriations duly made in accordance with law, nor involve the city in any contract for the future payment of money in excess of such appropriations.

Any official who violates the provisions of this section shall be personally liable to the city for any amounts so expended to the extent the city does not recover such amounts from the person to whom such sums were paid. The trial court of the commonwealth or a single justice of the supreme judicial court shall have jurisdiction of any claims brought by the city hereunder and shall order such equitable relief as the court may find appropriate to prevent further violations of this section.

SECTION 4. Article 6 of the said charter which is on file in said office of the archivist of the commonwealth is hereby amended by striking out section 6-8 and inserting in place thereof the following section:-

Section 6-8-Assessing Department

(a) Assessing Department - There shall be in the city a department known as the assessing department, which shall be under the charge of an officer, known as the director of assessing, appointed by the chief financial officer, subject to the approval of the city council, for a term of three years.

(b) Director of Assessing - The director of assessing, hereinafter referred to as the director, for the board of assessors, shall have all the powers, and perform the duties of assessors of cities in the commonwealth in accordance and in compliance with the General Laws, except as paragraph (c) shall otherwise provide. Said director shall appoint an operations director subject to confirmation by the city council and shall establish within the department such divisions as the director shall adjudge is necessary for the operation of the business of the department. Said director shall review every application for exemption or abatement of taxes and shall report his findings to the board of assessors.

(c) Board of Assessors - There shall be in the assessing department, hereinafter referred to as the department, a board, known as the board of assessors, consisting of the director of assessing and two assessors appointed by the city council. The members of said board of assessors appointed by the city council shall serve for a term of three years.

It shall be the duty of said board of assessors to review the findings of the director of assessing on applications for exemptions or abatements of taxes, and to grant or deny all such applications after such hearing as said board of assessors deems proper.

(d) Whenever a member of the board of assessors serves as a professional appraiser within the department, he shall be subject to the direction of and report to the director of assessing.

SECTION 5. Said Article 6 of the said charter which is on file in said office of the archivist of the commonwealth is hereby further amended by adding the following section:-

Section 6-11-Chief Financial Officer

(a) A chief financial officer shall be appointed by the mayor subject to confirmation by the city council for a term of five years. The chief financial officer shall report to the mayor and shall be a person especially fitted by education, training, and experience to perform the duties of the office. Said chief financial officer shall not hold any elective office nor shall he engage in any other business or occupation; provided, however, that the mayor may appoint the chief financial officer to also hold the position of director of assessing, treasurer, tax collector, auditor, or director of data processing; and, provided further, that the city council shall establish appropriate compensation in such instance. Said chief financial officer shall appoint a treasurer, tax collector, auditor, director of data processing, and director of assessing, subject to the approval of the city council, for a term of three years.

(b) Said treasurer, tax collector, auditor, director of data processing, and director of assessing shall have such powers and duties as may be vested in those offices expressly by general or special law, but shall otherwise report to and be under the direction and supervision of the chief financial officer.

(c) The powers and duties of said chief financial officer shall include the following: coordination, administration, and supervision of all financial services and activities; assistance in all matters related to municipal financial affairs; implementation and maintenance of uniform systems, controls, and procedures for all financial activities in all departments, including the school department, and including but not limited to: maintenance of all financial and accounting data and records; implementation and maintenance of uniform data processing capabilities for all departments; supervision of all data processing activities; implementation and maintenance of uniform budget guidelines and procedures; assistance in development and preparation of all department budgets and spending plans; review of all contracts and obligations; monitoring of the expenditure of all funds, including periodic reporting to appropriate agencies of the status of accounts; establishment of a spending plan for each department; and the allotment of funds on a periodic basis as provided in section 5-7 of the charter. In all cases where the duty is not expressly charged to any other department or office, it shall be the duty of the chief financial officer to promote, secure, and preserve the financial interests of the city.

(d) All department budgets and requests for budget transfers must be submitted to the chief financial officer for review and recommendation prior to submission to the mayor, city council or school committee, as appropriate.

(e) The chief financial officer shall report on at least a quarterly basis to the mayor and city council of the financial status of the city.

(f) The treasurer, tax collector, auditor, director of data processing, and director of assessing shall be subject to removal for cause by the chief financial officer notwithstanding any other provision of the charter.

(g) The mayor with the approval of the city council, or the city council, without the approval of the mayor, by a two-thirds vote of all of its members, may remove the chief financial officer before the term of office expires. At least fifteen days before such proposed removal shall become effective there shall be filed with the city clerk a preliminary written resolution setting forth in detail the reason for the proposed removal and a copy of said resolution shall be served upon the person to be removed.

Section 6. Notwithstanding the provisions of section 6-8 of the charter of the city of Lynn, if the mayor of said city shall have failed to appoint a chief financial officer within ninety days after the effective date of this act, the City of Lynn Finance Control board, established pursuant to section four of chapter two hundred and sixty-three of the acts of nineteen hundred and eighty-two, shall appoint a chief financial officer to serve pursuant to the provisions of said section 6-8.

Notwithstanding the provisions of section 5-8 of the charter of the city of Lynn, if the chief financial officer shall have failed to appoint a director of assessing within one hundred and twenty days after passage of this act, the board, established pursuant to section four of chapter two hundred and sixty-three of the acts of nineteen hundred and eighty-two, shall appoint a director of assessing to serve pursuant to the provisions of said section 5-8.

SECTION 7. Notwithstanding the provisions of section 6-8 of the charter of the city of Lynn, the mayor of said city, subject to the approval of the city council, shall appoint a chief financial officer from a list of five names submitted by the commissioner of revenue. The provisions of this section shall expire June thirtieth, nineteen hundred and eighty-five.

SECTION 8. The provisions of this act are severable; and if any of its provisions shall be held invalid in any circumstance, such invalidity shall not affect any other provisions or circumstances.

SECTION 9. This act shall take effect upon passage, except that the provisions of section 5-7 of Article 5 of the charter of the city of Lynn and section five of chapter two hundred and sixty-three of the acts of nineteen hundred and eighty-two relative to the enforcement or waiver of allotments shall be in effect only with respect to quarters ending forty-five days or more after the effective date of this act; and an allotment schedule must be submitted as provided within fifteen days of the effective date of this act.