SECTION 1. Chapter 656 of the acts of
1989 is hereby amended by striking out sections 2 and 3 and inserting in place
thereof the following 3 sections:-
Section 2. (a) Notwithstanding any general
or special law or local ordinance to the contrary, there shall be in the city
of Springfield, in this act called the city, a department of administration and
finance, in this act called the department, which shall be responsible for the
overall budgetary and financial administration of the city. The department
shall be under the charge and control of a chief administrative and financial
officer, in this act called the CAFO. The CAFO shall report to and be under
the direction of the mayor.
(b) (1) The mayor shall appoint the CAFO
for a term of no more than 3 years, as provided in this subsection. The CAFO
shall be appointed solely on the basis of administrative and executive
qualifications, and shall be a person especially fitted by education, training
and previous experience to perform the duties of the office. The CAFO need not
be a resident of the city or the commonwealth when appointed, but shall become
a resident of the city within 1 year of appointment.
(2) When the office of CAFO is vacant or
it is known that it will become vacant, the mayor shall initiate the selection
process by giving notice of his intention to establish a screening committee to
review applicants for the position and shall send a copy of the notice to each
agency or officer responsible for appointing persons to serve on the screening
committee. The mayor shall appoint the screening committee not earlier than 21
days after sending that notice. No screening committee need be appointed if
the mayor reappoints an incumbent CAFO.
(3) The screening committee shall consist
of 7 members. The school committee, city council and secretary of
administration and finance of the commonwealth shall each appoint 1 person to
serve on the screening committee. The mayor shall appoint 4 other members to
the screening committee, 2 of whom shall be expert in municipal management.
(4) The screening committee shall
recommend to the mayor the names of not less than 2 nor more than 5 candidates
whom it believes to be best suited to perform the duties of CAFO. If the
screening committee determines that there are not at least 2 candidates
qualified to perform the duties of chief administrative officer, the screening
committee shall report to the mayor that it is unable to complete its assigned
task. In that event, the mayor shall direct the screening committee to reopen
the search.
(5) The mayor shall appoint as CAFO 1 of
the candidates recommended by the screening committee or, if the mayor finds no
such candidate to be qualified for the office, shall direct the screening
committee to reopen the search.
(c) While the process of appointing a CAFO
under subsection (b) is proceeding, the mayor may appoint an acting CAFO.
(d) The mayor may remove the CAFO only for
just cause.
(e) If a loan under section 2 of chapter
169 of the acts of 2004 remains outstanding, the appointment, including an
acting appointment, or removal of the CAFO shall not take effect until it has
been approved in writing by the secretary of administration and finance.
(f) The powers and duties of the CAFO
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, or boards, commissions, agencies or other
units of city government the operations of which have a financial impact upon
the general fund and enterprise funds of the city, and including but not limited
to maintenance of all financial and accounting data and records; implementation
and maintenance of uniform financial data processing capabilities for all
departments; supervision of all financial 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 proposed contracts and obligations with a term in
excess of one year; monitoring of the expenditure of all funds, including
periodic reporting by and to appropriate agencies of the status of accounts;
review of the spending plan for each department; and the allotment of funds on
a periodic basis as provided for in this act. In all cases where the duty is
not expressly charged to any other department or office, it shall be the duty
of the CAFO to promote, secure, and preserve the financial interests of the
city.
(g) All department budgets and requests
for budget transfers shall be submitted to the CAFO for review and
recommendation before submission to mayor, city council or school committee, as
appropriate. For each proposed appropriation order, and with respect to any
proposed city council vote necessary to effectuate a financial transfer,
ordinance revision, or special legislation which may require the expenditure of
funds or otherwise financially obligate the city for a period in excess of 1
year, or with respect to a vote to authorize a borrowing pursuant to a
provision of law other than sections 4, 6 or 6A of chapter 44 of the General
Laws, the CAFO shall, if it be the case, submit in writing to the mayor and
city council a certification that it is the CAFO’s professional opinion, after
an evaluation of all pertinent financial information reasonably available, that
the city's financial resources and revenues are and will continue to be
adequate to support such proposed expenditures or obligations without a
detrimental impact on the continuous provision of the existing level of
municipal services. If the CAFO fails to provide this certification within 7
days after a request for such certification from the chief city council or
mayor, the appropriation order, financial transfer, ordinance revision, special
legislation or borrowing authorization may nonetheless be approved, but only if
the absence of the certification of the CAFO is expressly noted in that order
or vote.
(h) All departments, officers, boards,
commissions, agencies and other units of the city, including the school
department, shall submit budget requests to the mayor upon the schedule and in
the form established by the CAFO.
(i) No later than March 30 of each year,
the CAFO shall submit a 4-year financial plan to the mayor and city council.
No later than March 30 of each year, the CAFO shall submit to the mayor and
city council a 5-year capital plan that includes all capital needs of the city.
(j) The board of assessors,
treasurer/collector, budget director, comptroller, director of information
technology, director of purchasing, director of human resources, labor
relations director, director of capital asset construction, and employees
performing similar duties but with different titles shall report to and be
under the direction of the CAFO. The CAFO shall appoint all such officers and
employees with the approval of the mayor. The mayor may also place other
positions and departments under the direction of the CAFO.
(k) The CAFO shall not assume the duties
or responsibilities of the director of internal audit or city
collector/treasurer and shall not hold any elective office or engage in any
other business or occupation.
(l) The city shall annually appropriate
amounts sufficient for the proper administration of the department, as
determined in writing by the secretary of administration and finance. If the
city fails to appropriate such amounts, the secretary shall direct the state
treasurer to deduct the necessary funds from the city’s distribution from the
State Lottery Fund and shall expend those funds directly for the benefit of the
department.
(m) Section 37M of chapter 71 of the
General Laws shall apply to the city as if it had been accepted, for the
purpose of consolidating the financial functions of the school committee with
those of the city under the authority of the CAFO. No revocation of acceptance
shall be valid or effective in any year during which a loan under section 2 of
chapter 169 of the acts of 2004 remains outstanding, without the written
approval of the secretary of administration and finance.
Section 2A. (a) There shall be in the
city the office of comptroller. Employees of the office of the comptroller
shall be especially fitted by education, training and previous experience to
assist in the performance of the duties of the office.
(b) The CAFO shall appoint the comptroller,
with the approval of the mayor, solely on the basis of administrative and
executive qualifications. The comptroller shall be a person especially fitted
by education, training and previous experience to perform the duties of the
office, and need not be a resident of the city or commonwealth when appointed.
(c) The comptroller shall report to and be
under the direction of the CAFO, who may remove the comptroller at will.
(d) The comptroller shall have the powers
and duties of a city auditor under sections 51 to 54A, inclusive, of chapter 41
of the General Laws. Section 50 of said chapter 41 shall also apply to the
comptroller to the extent that it does not conflict with the duties of the
director of internal audit under section 3.
(e) The comptroller may transfer from the
accounts of any department any funding not projected to be necessary due to
position vacancies or operating efficiencies developed during a fiscal year.
This transfer shall be into a central holding account which shall expire on June
30 of each fiscal year. If a vacant position is filled after such a transfer,
the comptroller may reverse the portion of the transfer associated with that
position to ensure sufficient funding in the relevant department.
(f) Upon majority vote and at the written
request of the city council, within a reasonable time period after such a
request, the comptroller shall provide an oral or written assessment, or both,
as the city council may request, of the current and future financial impact of
the cost of any proposed appropriation order, lease arrangement for a term in
excess of 1 year, collective bargaining agreement or borrowing authorization,
particularly, but not limited to, as such cost item would relate to the
continuous provision of the existing level of municipal services. To the extent
reasonable, this assessment shall include such analysis or other information of
a financial nature as is specifically requested by vote of the city council.
The comptroller shall provide this assessment and analysis as the comptroller’s
professional opinion and the comptroller shall not be obliged to represent the
position of the mayor or CAFO.
(g) The comptroller shall have the
authority to hire, fire, discipline and manage personnel under the
comptroller’s direction.
Section 3. (a) There shall be in the city
a director of internal audit, in this section called the director. The mayor
shall appoint the director with the approval of the city council, for a term of
3 years, and may likewise remove the director.
(b) The director shall have the powers and
duties of a city auditor under sections 50 and 53, inclusive, of chapter 41 of
the General Laws and ordinances of the city. The director shall have the
authority to hire, fire, discipline and manage personnel under the director’s
direction.
(c) The director shall examine or caused
to be examined the financial and other records of the city and its
departments. The director shall conduct or cause to be conducted both
financial and performance audits to prevent and detect waste, fraud and abuse
and to improve the efficiency, effectiveness and quality of public services
provided in and by the city.
(d) The director shall, no later than
March 30 of each year, propose to the city council an audit plan for the
following fiscal year which shall be reviewed and accepted by the city council,
subject to modification by majority vote. The audit plan may be filed,
considered, modified and approved in an executive session of the city council
if public review, consideration, modification or approval would negatively
impact the ability of the director to execute the audit plan.
(e) All employees, officers, boards,
commissions, agencies and other units of city government, including the school
department, shall comply with all requests for information or access to systems
and records by any employee of the director acting in an official capacity. If
any employee or officer of any department, board, commission, agency or other
unit of city government, including the school department, refuses to provide or
engages in unreasonable delay in providing information or access, or knowingly
or through neglect provides false or misleading information, the director may
bring to the CAFO an administrative complaint against that employee or officer.
If the CAFO finds, after notice and opportunity for hearing, that the employee
or officer refused information or access to the office of the director or
knowingly or through neglect provided false information, the employee or
officer shall be individually and personally subject to a civil fine of $100
per violation per day until the violation is cured. This fine shall be payable
to the general fund of the city. Notwithstanding any law, contract or
collective bargaining agreement to the contrary, a violation of this subsection
shall be just cause for termination.
(f) The director may retain the assistance
of audit firms and others in the conduct of the work of the director’s office.
SECTION 2. The eighth sentence of section
2 of chapter 169 of the acts of 2004 is hereby amended by striking out the date
“2012” and inserting in place thereof the following date:- 2019.
SECTION 3. The ninth sentence of said
section 2 of said chapter 169 is hereby amended by striking out the date “2013”
and inserting in place thereof the following date:- 2020.
SECTION 4. (a) There shall be in the city
of Springfield a consolidated department of community development, in this
section called the department, which shall be in charge of an officer known as
the director of community development, in this section called the director.
(b) The director shall report directly to
and be supervised by the mayor, shall be the chief development officer of the
city, shall supervise, manage, and coordinate the day-to-day activities of the
department and all city departments and employees placed under his or her
jurisdiction by this section, and shall coordinate all community development
activities of these departments with the community development activities of
other departments under the jurisdiction of other city officials, boards and
commissions.
(c) The department shall include the
existing community development department, including its housing, neighborhood
and economic development departments, code enforcement department, and planning
department, as well as staffing for the redevelopment authority and the
industrial development financing authority. The planning board, zoning board
of appeals, conservation commission and historical commission of the city shall
be under the administrative control of the director of community development.
SECTION 5. With respect to any year in
which a loan under section 2 of chapter 169 of the acts of 2004 remains
outstanding, no later than July 1, the CAFO shall submit to the director of
accounts a pro forma tax rate recapitulation for the following fiscal year.
The director shall ascertain whether the city budget for that fiscal year
contains reasonable revenues from taxation and other sources to meet the
appropriations and other amounts required by law to be raised under section 23
of chapter 59 of the General Laws, and the director shall report his conclusion
to the commissioner of revenue. With respect to any such year, upon submission
of the annual tax rate recapitulation, the director shall also ascertain
whether the city budget for that fiscal year contains reasonable revenues from
taxation and other sources to meet the appropriations and other amounts
required by law to be raised under section 23 of chapter 59 of the General
Laws, and the director shall report his conclusion to the commissioner. If the
commissioner determines that the city budget as presented on the pro forma or
annual tax rate recapitulation would not permit certification of the tax rate
for the applicable fiscal year, he shall certify this determination in writing
and provide notice of this determination with a copy of the certificate to the
secretary of administration and finance. Upon such notification, the secretary
may recommend to the governor that he propose legislation reviving the finance
control board or establishing a receiver for the city.
SECTION 6. Notwithstanding chapter 43 of
the General Laws or any other general or special law to the contrary, the state
secretary shall place upon the ballot for the biennial state election in 2008
in the city of Springfield the following question:—
“Shall the term of office of mayor of the
city of Springfield be four years?”
If a majority of the votes cast in answer
to this question is in the affirmative, the term of office of the mayor of the
city of Springfield shall be for 4 years and until the election and
qualification of his successor, beginning with the 2009 regular city election.
SECTION 7. There shall be a committee to
study the compensation of the mayor of Springfield. The committee shall
consist of the state personnel administrator, who shall chair the committee, a
representative of the Massachusetts Municipal Association, and a representative
of the Springfield Chamber of Commerce, Inc. The committee shall report in
writing to the city council and the secretary of administration and finance not
later than July 1, 2009.
SECTION 8. Whenever the term “department
of finance” appears in any statute, ordinance, regulation, contract or other
document with reference to the city of Springfield, it shall be taken to mean
the department of administration and finance of the city of Springfield.
Whenever the term “chief financial officer” appears in any statute, ordinance,
regulation, contract or other document with reference to the city of
Springfield, it shall be taken to mean the chief administrative and financial
officer of the city of Springfield. Whenever the term “auditor”or “city
auditor” appears in any statute, ordinance, regulation, contract or other
document with reference to the city of Springfield, it shall be taken to mean
the comptroller or director of internal audit of the city of Springfield, as
the case may be under sections 2A and 3 of chapter 656 of the acts of 1989,
inserted by section 1 of this act.
SECTION 9. This act shall take effect upon
its passage.
