Section 5 Massachusetts Commission Against Discrimination Modernization 2
Said chapter 6 is hereby further amended by striking out section 56, as amended by section 5 of chapter 28 of the acts of 2023, and inserting in place thereof the following section:-
Section 56. (a) There shall be a Massachusetts commission against discrimination. The commission shall be an independent agency of the commonwealth and shall not be subject to the control of any other department or agency.
(b) The commission shall consist of 5 commissioners, 3 of whom shall be appointed by the governor and 2 of whom shall be appointed by the attorney general. The governor shall designate 1 commissioner as chair, who shall devote their full time to the duties of the office and the remaining 4 commissioners shall serve per diem. At least 2 commissioners shall reside in Barnstable, Berkshire, Bristol, Franklin, Hampden, Hampshire, Plymouth or Worcester county. Each commissioner shall be appointed for a term of 3 years. A commissioner chosen to fill a vacancy on an unexpired term shall be appointed for the remainder of the unexpired term of the commissioner to be replaced. Three commissioners shall constitute a quorum and a majority of commissioners present and voting shall be required for any action to be taken by the commission. The chair may call a meeting of the commission and may call for a vote on any matter designated 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.
(c) The commission shall appoint an executive director. The executive director shall serve at the pleasure of the commission, receive a salary, which shall be not less than the salary received by the chair, as may be determined by the commission, and shall devote their full time 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 laws and regulations 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 by the commission. The executive director shall employ a chief financial officer, who shall be responsible for all funds and expenditures of the commission. The executive director may employ such attorneys, clerks and other employees and agents as the executive director may deem necessary and prescribe their duties and fix their compensation as may be provided by law. The executive director shall annually submit a written report to the governor and to the general court on the commission's activities, including any recommendations.
(d) All employees of the commission, except the executive director, an 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.
(e) The commission shall maintain regional offices located in the cities of Fall River, Springfield and Worcester. The commission shall hold public hearings as needed in the respective regions of those cities. Every case shall, to the extent practicable, be heard in the region in which the complainant resides.
(f) There shall be an advisory board to the commission, which shall consist of at least 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. A board member chosen to fill a vacancy of an unexpired term shall be appointed for the remainder of the unexpired term of the member to be replaced. The board shall be comprised of members of diverse representation and the appointing authorities shall strive to appoint: (i) persons with expertise in fair housing laws; (ii) owners and brokers of residential real property; (iii) representatives of major lending and credit institutions; (iv) representatives of private employers; (v) a representative of the civil service commission; (vi) a representative of post-secondary educational institutions; (vii) a representative of labor organizations; (viii) individuals from minority racial, ethnic and linguistic groups; (ix) women; (x) elderly persons; (xi) persons with disabilities; and (xii) 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, submit their recommendations to the commission and to the commissioners' appointing authorities. The board shall coordinate the activities of the local or regional advisory boards appointed pursuant to clause 8 of section 3 of chapter 151B. The governor shall designate 1 member of the board to serve as chair. The members of the board shall not be compensated for their services but shall be reimbursed for travel and other expenses as may be necessary for the performance of their duties. The executive director may provide technical and clerical assistance to the advisory board.