Message from His Excellency the Governor submitting reorganization plan number 1 of 2003, relative to reforming, restructuring and revitalizing government (under article LXXXVII of the amendments to the constitution)

456 Pages·2003·26.1 MB·English

by  Massachusetts. Governor (2003- : Romney)

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HOUSE
No. 3901
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MESSAGE FROM
HIS EXCELLENCY THE GOVERNOR
SUBMITTING
REORGANIZATION PLAN
NUMBER OF
1 2003,
RELATIVE TO REFORMING,
RESTRUCTURING AND
REVITALIZING GOVERNMENT
(under Article LXXXVII
of the Amendments
to the Constitution)
G0VERMENT DOCUMENTS
COLLECTION
2004
University of Massachusetts
Depository Copy
May 15, 2003

HOUSE
No. 3901
The Commonwealth of Massachusetts
Executive Department
STATE HOUSE • BOSTON 02133
[phone]
MITTROMNEY
GOVERNOR
KERRYHEALEY MayJ 14, 2003
LIEUTENANTGOVERNOR
To the Honorable Senate and House ofRepresentatives:
We are filing for your consideration the attached reorganization plan known as
"An Act to Reform, Restructure and Revitalize Government." This plan will reorganize
Executive Branch operations to give the Governor, Cabinet, and executive leadership the
tools necessary to manage well with fewer resources and to create accountability in the
chain ofcommand. This legislation will save money for taxpayers, improves the delivery
ofservices to citizens and incorporates suggestions from the Legislature and other
interested parties.
Notably, for the first time, the entire structure ofthe Executive Branch will be
described in a single, comprehensive chapter ofthe General Laws, enabling the public
and members ofthe General Court to know at a glance who is in charge ofwhat.
Significantly, this proposal does not change any ofthe rights, services, or responsibilities
conferred under the General Laws; this legislation only changes the structure ofthe
Executive Branch.
Highlights ofthis plan include:
• The creation ofa new Executive Office ofEducation to oversee both K-12 and
higher education;
• The creation within the Executive Office ofHealth and Human Services of5
clusters (the Department ofHealth, the Department ofDisabilities and
Community Services, the Department ofChildren, Youth, and Family Services,
the Department ofElder Affairs, and the Department ofVeterans' Services) to
enable enhanced consistency, collaboration, and efficiency ofprograms and
service delivery across agencies;
• The integration ofthe Division ofMedical Assistance into the Executive Office of
Health and Human Services;
• The creation ofa new Executive Office for Commonwealth Development to
oversee the former Executive Office ofEnvironmental Affairs (renamed the
Department ofEnvironment), the former Executive Office ofTransportation and
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2 HOUSE No. 3901 [May
Construction (renamed Department ofTransportation), Department ofHousing
and Community Development and the Office ofEnergy Resources;
• The merger ofthe Metropolitan District Commission and the Department of
Environmental Management to create a single statewide parks agency, the
Division ofConservation and Recreation;
• The Commonwealth's transportation agency, the Executive Office of
Transportation and Construction, currently lacking adequate statutory powers,
will be replaced by a unified, multimodal Department ofTransportation;
• The creation ofa new Executive Office ofEconomic Affairs, incorporating the
former Department ofEconomic Development (renamed Department ofBusiness
and Technology), the former Office ofConsumer Affairs and Business Regulation
(renamed Department ofConsumer and Commercial Services) and the former
Department ofLabor and Workforce Development (renamed Department of
Labor);
• The renaming ofthe Executive Office ofPublic Safety to the Executive Office of
Public Safety and Homeland Security to reflect its new homeland security
responsibilities;
• The formalizing ofthe oversight by the Governor's ChiefLegal Counsel ofstate
lawyers and outside counsel to permit better management, administration,
coordination and communication ofExecutive Branch legal services;
• The creation ofa new Office ofAdministrative Hearings as the central
adjudicatory agency ofthe Commonwealth; and
• The merger ofthe Department ofCapital Asset Management and Maintenance
and the Bureau ofState Office Buildings.
In sum, this plan will ensure that the six million citizens ofMassachusetts have a
government that works for them - a government that runs smarter and more efficiently.
Accordingly, acting pursuant to Article LXXXVII ofthe Amendments to the Constitution
ofthe Commonwealth and Chapter 4, Section 1A ofthe General Laws, we hereby submit
this message accompanied by a reorganization plan which is to take effect after the
expiration ofsixty days unless disapproved by a majority ofmembers ofeither ofthe two
branches ofthe General Court, and which shall be designated as Executive Plan Number
2003-1.
Respectfully submitted,
X
Mitt Romney Kerry Healey
Governor Lieutenant Governor
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HOUSE
2003] No. 3901
2tf)e Commontoealtf) of Jflastfacfjugettg
In the YearTwo Thousand and Three.
An Act to reform, restructure and revitalize government.
Be it enacted by the Senate and House ofRepresentatives in General
Court assembled, and by the authority ofthe same, asfollows:
1 SECTION 1. The General Laws are hereby amended by
2 inserting, prior to chapter 7, the following new chapter:
CHAPTER
3 6C.
4 CABINET, OFFICE OF THE GOVERNOR
5 AND EXECUTIVE OFFICES.
6 Section 1. There is hereby established a cabinet, which shall
7 serve directly under the governor. The cabinet shall consist of the
8 following 13 members: the secretary of administration and
9 finance; the secretary of commonwealth development, and as aux-
10 iliaries to said secretary, the secretary of environment, the secre-
1 tary of transportation and the secretary of housing and community
12 development; the secretary of economic affairs, and as auxiliaries
13 to said secretary, the secretary of business and technology, the sec-
14 retary of consumer and commercial services, and the secretary of
15 labor; the secretary of education; the secretary of health and
16 human services, and as an auxiliary to said secretary, the secretary
17 of elder affairs; the secretary of public safety and homeland secu-
18 rity; and such other offices of the executive department as the
19 governor may from time to time designate.
20 Office ofthe Governor
21 Section 2. (a) The governor may appoint to his office and the
22 executive offices such administrative, communications, legisla-
23 tive, and other staff members as may be necessary to coordinate
1
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24 all administrative, press, and legislative services to the governor
25 and the executive offices. Such staff members shall serve at the
26 pleasure of the governor and receive such salary as may be fixed
27 by the governor. Persons appointed to supervisory positions in the
28 office of the governor may, subject to approval of the governor,
29 appoint and remove such additional assistants, and other persons
30 as the work of the offices may require, and may, with approval of
31 the governor, transfer any employee appointed under this section
32 between the office of the governor and the executive offices as
33 necessary or desirable for the efficient provision of such services.
34 (b) There is hereby established within the office of the governor
35 an office of the governor's counsel which shall represent and pro-
36 vide legal services to the executive offices and governor as the
37 supreme executive magistrate of the Commonwealth. The gov-
38 ernor shall appoint a chief legal counsel who shall serve as
39 counsel to the governor and manage, administer and coordinate all
40 legal functions and affairs of the executive offices and state agen-
41 cies. Notwithstanding section 31 of chapter 29, and subject to the
42 approval of the governor, the chief legal counsel may assign
43 deputy legal counsels, general counsels, deputy general counsels
44 and assistant counsels to perform legal services based on his
45 determination of the legal needs of the executive offices and state
46 agencies. The chief legal counsel shall be responsible for the exer-
47 cise of all powers and the performance of all duties assigned by
48 law to the office of the governor's counsel, subject to the approval
49 of the governor, including:
50 (1) Appoint and remove such deputy legal counsel and per-
5 sonnel as are necessary for the operation of the office of the gov-
52 ernor's legal counsel.
53 (2) Render such legal advice, and such representation prior to
54 initiation of any litigation in court, as are required concerning
55 every matter and issue arising in connection with the exercise of
56 the official powers and duties, and performance thereof, in the
57 operation of each executive office, department, and state agency
58 and, upon request and at the governor's legal counsel's discretion,
59 each independent authority.
60 (3) Upon request, assist and cooperate fully with the attorney
61 general and the counsel of each independent authority in the per-
62 formance of their duties.
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2003] No. 3901 5
63 (4) Upon request of the attorney general and upon designation
64 of the governor's legal counsel, deputy legal counsel, general
65 counsels, deputy general counsels, or assistant counsels as special
66 assistant attorneys general, initiate appropriate proceedings or
67 defend any executive office, department, or state agency in any
68 judicial tribunal, provided that such representation would not
69 create a conflict of interest in the office of the governor's counsel
70 as determined by the governor's chief legal counsel.
71 (5) Initiate appropriate proceedings or defend any executive
72 office, department, or state agency in any administrative tribunal,
73 provided that such representation would not create a conflict of
74 interest in the office of the governor's counsel as determined by
75 the governor's chief legal counsel.
76 (6) Upon the request of the governor, prepare requests for opin-
77 ions of the justices of the supreme judicial court pursuant to
78 Article 85 of the Articles of Amendment of the Constitution of the
79 Commonwealth.
80 (7) Issue such rules, guidelines, and standards as are necessary
81 to carry out the duties of the office of the governor's counsel pro-
82 vided for in this chapter.
83 (8) Qualify, procure, retain, and administer services of non-
84 governmental attorneys.
85 (9) Nothing in this section shall be construed to derogate in any
86 way from the powers and duties of the attorney general.
87 Executive Offices ofthe Governor
88 Section 3. The following terms, as used in this chapter, shall
89 unless the context requires otherwise, have the following mean-
90 ings:
91 "Secretary", a member of the cabinet established in section 1;
92 provided, however, that, in section 4, "secretary" shall mean the
93 head of an executive office established in said section 4.
94 "State agency", any department, division, office, bureau, com-
95 mission, committee, council, board, institution, section, officer or
96 other agency within the executive department.
97 Section 4. (a) There are hereby established the following six
98 executive offices, each of which shall serve under the governor:
99 administration and finance, commonwealth development, eco-
100 nomic affairs, education, health and human services, and public
101 safety and homeland security.
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6 HOUSE No. 3901 [May
102 (b) Each executive office shall be under the direction of a sec-
103 retary who shall be appointed by and serve at the pleasure of the
104 governor. The secretary shall receive such salary as the governor
105 may determine, and shall devote his full time to the duties of his
106 office.
107 (c) Each secretary shall be responsible for the exercise of all
108 powers and the performance of all duties assigned by law to the
109 executive office under his direction or to any department, divi-
110 sion, office, bureau, or other administrative unit or agency under
said executive office. He shall be the executive and administrative
1 1
112 head of said executive office and every department, division,
113 office, bureau, or other administrative unit or agency within that
114 executive office, unless otherwise provided, shall be under his
115 direction, control and supervision.
116 (d) Each secretary shall act as the executive officer of the gov-
117 ernor in all matters pertaining to the financial, administrative,
118 planning, and policy coordinating functions for accomplishing the
119 purposes of the executive office under his direction, and, unless
120 otherwise provided, shall:
121 (1) Conduct comprehensive planning with respect to the func-
1 22 tions of the office.
123 (2) Coordinate the activities and programs of the state agencies
124 therein.
125 (3) Coordinate with other secretaries to assure cooperation
126 between executive offices and to eliminate duplication of execu-
127 tive functions.
128 (4) Review the operation of the agencies with a view to
129 improving administrative organization, procedures and practices,
130 promoting economy and efficiency, and avoiding useless labor
131 and expenses in agencies.
132 (5) Recommend to the governor changes as he deems desirable
133 in the laws relating the organization, structure, efficiency or
34 administrative functions, services, procedures and practices of any
1
135 such agency or agencies.
136 (6) Review and act upon budgetary and other financial matters
137 concerning said agencies in accordance with chapter 29.
138 (e) Each secretary shall have access to all records, as defined in
139 sections 42 of chapter 30, in the custody of all state agencies
140 within his executive office, except where such access is prohibited
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2003] No. 3901 7
141 by law. Such agencies shall furnish him with copies of all reports,
142 notices and other documents which they are required by law to
43 submit to the governor, the general court or any other agency, and
1
144 with all other information requested by the secretary for the pur-
145 pose of discharging the duties of his office.
146 (0 Each secretary may, subject to the approval of the secretary
147 of administration and finance, apply for and accept on behalf of
148 the commonwealth any funds, including grants, bequests, gifts or
149 contributions, from any person, entity or foundation. Such funds
150 shall be deposited in a separate account with the state treasurer
151 and received by him on behalf of the commonwealth. All such
152 funds may, subject to rules and regulations promulgated by the
153 secretary of administration and finance, be expended by the secre-
154 tary, in accordance with law.
155 (g) Each secretary is authorized to promulgate regulations as
156 necessary to carry out the responsibilities of his executive office
157 under this act or other applicable laws. No regulation promulgated
158 by any state agency shall become effective until approved both by
159 the secretary of administration and finance and the secretary of
160 the executive office which oversees said state agency.
161 (h) Subject to appropriation, each secretary may, without regard
162 to chapter 31 but subject to the approval of the governor, appoint
163 such experts, technical consultants and other assistants in his
164 executive office as he shall deem necessary to perform the func-
165 tions of said office; provided that the provisions of section 9A of
166 chapter 30 shall not apply to any person holding any such appoint-
167 ment and further provided that all legal consultants, counsel and
168 representatives shall be subject to the approval of the solicitor
169 general. Every person appointed to any supervisory position in
170 said office shall have experience and skill in the field and func-
171 tions of such position.
172 (i) Each secretary may from time to time establish within his
173 executive office such other offices, bureaus, sections and other
174 administrative units not otherwise established by statute as may be
175 necessary for the efficient and economical administration of the
176 work of said office. When necessary for the efficient and econom-
177 ical administration of the work of his executive office, the secre-
178 tary may abolish or merge any such bureau, section or other unit
179 that is not otherwise established by statute.
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8 HOUSE No. 3901 [May
180 All positions previously exempt from chapter 31 or section
(j)
181 9A of chapter 30, or their successor, agencies shall continue to be
182 exempt under this chapter.
183 Executive Office ofAdministration and Finance
184 Section 5. (a) The executive office for administration and
185 finance shall serve as the principal agency of the executive depart-
186 ment of the government of the commonwealth for the following
187 purposes:
188 (1) developing, coordinating, administering and controlling the
189 financial policies and programs of the commonwealth;
190 (2) preparing and maintaining financial plans and, under the
191 general direction and on behalf of the governor, preparing oper-
192 ating budget recommendations for all departments, offices, com-
193 missions, institutions and other entities of state government which
194 receive periodic appropriations from the commonwealth;
195 (3) supervising the organization and conduct of the business
196 affairs of the departments, commissions, offices, boards, divi-
197 sions, institutions and other agencies within the executive depart-
198 ment of the government of the commonwealth;
199 (4) developing new policies and programs which will improve
200 the organization, structure, functions, economy, efficiency, proce-
201 dures, services and administrative practices of all such depart-
202 ments, commissions, offices, boards, divisions, institutions and
203 other agencies; and determining appropriate charges under section
204 3B of chapter 7.
205 (b) (1) The governor shall appoint a secretary of administration
206 and finance. He shall serve at the pleasure of the governor, shall
207 receive such salary as the governor may determine and shall
208 devote his full time to the duties of the office. He shall be respon-
209 sible for the exercise of all powers and the performance of all
210 duties assigned by law to the executive office for administration
211 and finance or to any division, bureau or other administrative unit
212 or agency under said office. He shall be the executive and admin-
213 istrative head of said office, and every division, bureau, section
214 and other administrative unit and agency within said office shall
215 be under his direction, control and supervision unless otherwise
216 provided.
217 (2) Except as otherwise provided by law, the secretary shall
218 appoint all employees of the executive office for administration