Section 6 Massachusetts Commission Against Discrimination Modernization 2

Said chapter 6 of the General Laws, as so appearing, is hereby amended by striking out section 56 and inserting in place thereof the following section:-

          Section 56. There shall be a commission to be known as the Massachusetts commission against discrimination. The commission shall be an independent agency of the government of the commonwealth and shall not be subject to the control of any other department or agency.
Such commission shall consist of 5 members, to be known as commissioners, 3 of whom shall be appointed by the governor, 2 of whom shall be appointed by the attorney general. The governor shall designate 1 commissioner as chair, who shall devote their full-time duties to their office and the remaining 4 commissioners shall be per diem. Two commissioners shall reside in Worcester, Hampden, Hampshire, Franklin or Berkshire county and 3 shall reside in any of the remaining counties of the commonwealth. Each commissioner shall be appointed for a term of 3 years. Any commissioner chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term of the commissioner whom they are to succeed. Three commissioners shall constitute a quorum for the purpose of conducting the business of the commission and a majority of commissioners present and voting shall be required for an action of the commission. The chair may call a meeting of the commission and may call for a vote on any matter designated for a vote on the notice of the meeting. A vacancy shall not impair the right of the remaining commissioners to exercise all the powers of the commission. A commissioner may be removed by their appointing authority for inefficiency, neglect of duty, misconduct or malfeasance in office, after being given a written statement of the charges and an opportunity to be heard thereon.

          The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission, shall receive a salary at least commensurate with the salary received by the chair, as may be determined by the commission, and shall devote their full time and attention to the duties of the office. The executive director shall be a person with skill and experience in management and shall be the executive and administrative head of the commission. The executive director shall be responsible for the day-to-day operations of the commission and for administering and ensuring the commission's ability to enforce the provisions of law relative to the commission and to each administrative unit thereof, which shall include, but not be limited to, developing protocols and procedures to execute the commission's regulations and to expedite the handling of cases and complaints. The executive director shall employ a chief financial officer, who shall be responsible for all funds of the commission. The executive director may employ such attorneys, clerks and other employees and agents as the executive director may deem necessary, fix their compensation within the limitations provided by law, and prescribe their duties. The executive director shall annually render a written report to the governor and to the general court of its activities and any recommendations.

          All employees of the commission, except as an executive director, executive secretary, the heads and deputy heads of divisions, attorneys, field representatives and such other positions as the commission may from time to time designate, shall be subject to chapter 31 and the rules and regulations made thereunder.

          There shall be regional offices located in the cities of Fall River, Springfield and Worcester. The Commission shall hold public hearings as are needed in the respective regions. Every case shall, to the extent practicable, be heard in the region in which the complainant resides.
The governor and the attorney general shall appoint an advisory board to the commission, consisting of not less than 21 persons, 13 of whom shall be appointed by the governor and 8 of whom shall be appointed by the attorney general. Each member shall be appointed for a term of 5 years. Any board member chosen to fill a vacancy occurring other than by expiration of a term shall be appointed for the unexpired term of the board member whom they are to succeed. The members of said board shall include diverse representation and strive to include persons with expertise in fair housing laws and regulations; owners and brokers of residential property; major lending and credit institutions; major private employers; a designee of the civil service commission; post-secondary educational institutions; major labor organizations; minority racial, ethnic and linguistic groups; women; elderly; persons with disabilities; and recipients of public assistance.

          The board shall advise the commission on matters of policy affecting the commission and shall review the implementation of the commission's programs and policies and from time to time report their conclusions to the commission and the commissioner appointing authorities. The board shall coordinate the activities of the local or regional advisory boards appointed pursuant to subsection 8 of section 3 of chapter 151B. The governor shall from time to time designate 1 member as chair of the board. The members of the board shall not be compensated for their services, but they shall be reimbursed for travel and other expenses necessary for the performance of their duties. The executive director may provide technical and clerical assistance to the advisory board.

This section, together with related sections, updates the structure of the Massachusetts Commission Against Discrimination.