Outside Section 71



Previous Outside Section Next Outside Section

 

HR Consolidation 2

SECTION 71.   (a) Notwithstanding any general or special law to the contrary, the executive office for administration and finance and the executive office of energy and environmental affairs shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the functions of state government designated as "core administrative functions" under section 2 of chapter 21A of the General Laws from the transferor agency to the transferee agency, defined as follows: (1) the department of environmental protection, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (2) the department of public utilities, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (3) the department of conservation and recreation, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (4) the department of agricultural resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; (5) the department of energy resources, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency; and (6) the department of fish and game, as the transferor agency, to the executive office of energy and environmental affairs, as the transferee agency.

(b) The employees of each transferor agency performing the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without interruption of service, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension, discharge, layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, both as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, shall continue unabated and remain in force, but shall be assumed and completed by the executive office of energy and environmental affairs.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the executive office of energy and environmental affairs.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the executive office of energy and environmental affairs.

(f) All duly existing contracts, leases and obligations of each transferor agency as relating to the functions designated as "core administrative functions" under section 2 of chapter 21A of the General Laws shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.
 
 

Summary:
This section, with HR Consolidation 1, enables the Executive Office of Energy and Environmental Affairs to provide centralized information technology, HR and payroll services to the agencies within EEA.



top of page link top of page