Outside Section 200
Data Current as of: 8/19/2015
(a) There shall be within the department and reporting to the secretary a control board.
(b) The control board shall consist of 5 members to be appointed by the governor, 3 of whom shall be members of the board, 1 of whom shall have experience in transportation finance and 1 of whom shall have experience in mass transit operation. Each member shall serve for the entire time that the control board exists unless removed with or without cause by the governor. Any vacancy in the control board shall be filled in the same manner as the original appointment of the member being replaced. The secretary shall designate the chair of the control board, and may fix annual time and expense reimbursements of not more than $6,000 to be paid to members of the control board from funds of the department. Directors serving on the control board may receive the time and expense reimbursements in addition to any payments provided to directors under subsection (b) of section 2 of chapter 6C of the General Laws. The control board shall meet as regularly as necessary to ensure the stability of authority operations and finances but not less than 3 times per month.
(c) Notwithstanding sections 3 and 7 of chapter 161A of the General Laws or any other general or special law to the contrary, the control board shall be afforded all powers, responsibilities and obligations relative to the authority that are vested in the board, except as otherwise provided in this act, and those powers, responsibilities and obligations set forth in this act.
(d) Meetings of the control board shall be subject to sections 18 to 25, inclusive, of chapter 30A of the General Laws. Records of the control board shall be subject to section 10 of chapter 66 of the General Laws.
(e) The control board may employ, retain and supervise managerial, professional and clerical staff as may be necessary to carry out its responsibilities. The control board may set the compensation, terms and conditions of employment of its staff. Staff hired under this subsection shall be employees of the department except employees that the control board formally designates as independent contractors; provided, however, that the independent contractors shall be treated as executives under section 26 of said chapter 161A.
(f) The control board shall initiate and assure the implementation of appropriate measures to secure the fiscal, operational and managerial stability of the authority and shall continue in existence until June 30, 2018 and thereafter for an additional period of 2 years upon the recommendation by the control board to the governor in writing based upon specific findings that such 2-year period is in the best interest of the public and necessary to achieve operational stability and establish performance metrics for the authority; provided, however, that the recommendation shall be approved in writing by the governor not later than June 30, 2018; and provided further, that the control board shall in no event continue beyond June 30, 2020. The recommendations and findings by the control board, if any, and the governor's approval, if any, shall be filed with the clerks of the house of representatives and senate, the chairs of the house and senate committees on ways and means and the chairs of the joint committee on transportation.
(g) Following the dissolution of the control board, the board shall resume governance of the authority.