Public Meeting Notice  Board of Trustees Meeting

Tuesday, September 13, 2022

5:30PM

REGULAR MEETING OF THE SOLDIERS' HOME BOARD OF TRUSTEES

PUBLIC COMMENT:  PUBLIC COMMENT WILL BE HELD TO 2 MINUTES WITH A MAXIMUM OF 6 INDIVIDUALS MAKING COMMENT.THOSE WISHING TO MAKE PUBLIC COMMENT SHOULD EMAIL THEIR NAME AND A SHORT SYNOPSIS OF WHAT THEY WOULD LIKE TO ADDRESS TO THE BOARD TO: debra.foley@state.ma.us  

(Chairman reserves right to terminate if comments relate to same issue.)

This meeting will be audio recorded to meet the Open Meeting Law requirements, and to preserve conversations and deliberations to use in the production of meeting minutes and preservation for historical purposes.

A:  OPEN SESSION:

• • CALL TO ORDER/ Roll Call of Board of Trustees
  • PLEDGE OF ALLEGIANCE
  • Public Comments (2-minute maximum speaking time/6 maximum public commentaries)
  • Approval of Holyoke Soldiers Home Board of Trustees Minutes
    • August 9, 2022 Regular Meeting Minutes
    • May 23, 2022 Finance Committee Minutes
    • June 28, 2022 Operations Committee Meeting Minutes
  • Payette New Home Quarterly Update:  (Mr. Lazo)
    • November 2022 Regular Meeting Next Quarterly Update Brief
  • CFO/Treasurer Report  (Mr. Lynch)                                                                                                            
  • DVS Staff Report (Sec Poppe)
  • Holyoke Soldiers’ Home Administrator Report (Mr. Lazo)
  • Holyoke Soldiers’ Home General Counsel Report (Atty Walker)
  • Trustees’ Finance Committee:  CFO status on OIG Report
  • Trustees’ Operations Committee
  • Trustees’ By Laws Committee
  • Superintendent Hire Committee RFR Status Report (DVS/HHS HR)
  • Upcoming Special Events/Programs at Holyoke Soldiers’ Home

B: OLD BUSINESS:

• Update of EMR vendor contract  (Mr. Engell)
• Update on VA Small Home Grant Program (DVS Staff)
• Update on transition to new governance of “State Homes” per passage of H.4441/S.2761  (DVS Staff)

C: NEW BUSINESS

• Request for legal opinion on the appearance of a dispute between the State Legislature and the OIG on the Board’s authority relative to the Trustee Fund. 
  • The new law recently adopted states as follows: “The boards of trustees for each state-operated veterans’ home shall hold and administer in trust the property included in the “legacy fund” and the “effects accounts”, if the transfer thereof to the commonwealth is affected pursuant to a decree of a court of competent jurisdiction and in accordance with the terms and conditions imposed by such decree.”
  • The OIG in their letter to the Board dated August 5, 2022 states, “Although the Home has statutory authorization to accept donations, neither the Home nor the Board have statutory authorization to hold, invest or spend donated funds.” 

Question 1: The law itself appears to contradict the OIG’s statement as to the holding of the funds based on the plain reading of both statements.  The legislature does not use the words “invest or spend” rather they use the language “administer” which appears intentionally very broad.  Moreover, it likely includes any reasonable administrative function related to the good stewardship of the funds which would appear to include investing and spending besides just holding.  Legal Counsel is requested to harmonize the OIG statement with the statute to guide the Board on its authority and if further clarification is needed?

Question 2: Legal counsel is requested to clarify its understanding of the meaning and significance of the phrase “if the transfer thereof to the commonwealth is effected pursuant to a decree of a court of competent jurisdiction and in accordance with the terms and conditions imposed by such decree” from the statute itself. 

Question 3:  Does Legal Counsel believe there is a need for further legislative changes or do they intend to speak to the OIG office on these language questions and explain that the Board has sufficient legislative authority to hold, invest or spend Trustee Funds?

D: EXECUTIVE SESSION:  None scheduled for this meeting

E:  ADJOURN