Section 4A1/2. (a) For purposes of this section, the following words shall, unless the context requires otherwise, have the following meanings:—
''Governmental unit'', a city, town or a regional school district, a district as defined in section 1A, a regional planning commission, however constituted, the Hampshire council of governments, a regional transit authority established pursuant to chapter 161B, a water and sewer commission established pursuant to chapter 40N or by special law, a county, or a state agency, as defined in section 1 of chapter 6A.
''Joint powers agreement'', a contract specifying the terms and conditions of the joint exercise of powers and duties entered into by participating governmental units pursuant to the laws governing any such unit and this section.
''Region'', any geographically-designated area within which the powers and duties provided in a joint powers agreement shall be exercised.
(b) The chief executive officer of a city or town, or a board, committee or officer authorized by law to execute a contract in the name of a governmental unit may, on behalf of the unit, enter into a joint powers agreement with another governmental unit for the joint exercise of any of their common powers and duties within a designated region; provided, however, that the joint powers agreement shall not apply to veterans' services in any city or town or districts and municipal veterans' services and departments shall be subject to chapter 115. The joint powers agreement shall be authorized by the parties thereto in the following manner: in a city, by the city council with the approval of the mayor; in a town, by the board of selectmen; and in a district, by the prudential committee. A decision to enter into a joint powers agreement pursuant to this section, or to join an existing region, shall not be subject to bargaining pursuant to chapter 150E.
(c) The joint powers agreement shall specify the following: (1) the purpose and the method by which the purpose sought shall be accomplished; (2) the services, activities or undertakings to be jointly performed within the region; (3) the specific organization, composition and nature of the entity created thereby to perform the services, activities or undertakings within the region, and the specific powers and duties delegated thereto; provided, however, that such entity shall be a body politic and corporate created pursuant to subsection (d) whose funds shall be subject to an annual audit and a copy of such audit shall be provided to the member governmental units and to the division of local services in the department of revenue; (4) the manner of: (i) financing the joint services, activities or undertakings within the region, (ii) establishing and maintaining a budget therefore and (iii) authorizing borrowing pursuant to subsection (e), including any limitations on the purposes, terms and amounts of debt the entity may incur to perform such services, activities or undertakings; (5) any procedures related to the termination of the joint powers agreement, the withdrawal of any participating governmental unit and the addition of any new governmental units; and (6) its duration.
(d) An entity established by a joint powers agreement shall be a body politic and corporate with the power to: (1) sue and be sued; (2) make and execute contracts and other instruments necessary for the exercise of the powers of the region; (3) make, amend and repeal policies and procedures relative to the operation of the region; (4) receive and expend funds; (5) apply for and receive grants from the commonwealth, the federal government and other grantors; (6) submit an annual report to each member governmental unit, which shall contain a detailed financial statement and a statement showing the method by which the annual charges assessed against each governmental unit were computed; and (7) any such other powers as are necessary to properly carry out its powers as a body politic and corporate.
(e) An entity created pursuant to this section shall be governed by a board of directors comprised of at least 1 member representing each participating governmental unit. Each member of the board of directors shall be entitled to a vote. No member of the board of directors shall receive an additional salary or stipend for their service as a board member. The board of directors shall coordinate the activities of the entity and may establish any policies and procedures necessary to do so. The board of directors shall establish and manage a fund to which all monies contributed by the participating governmental units, and all grants and gifts from the federal or state government or any other source shall be deposited. The board of directors shall appoint a treasurer who may be a treasurer of 1 of the participating governmental units. No member of the board of directors or other employee of the entity shall be eligible to serve concurrently as treasurer. The treasurer, subject to the direction and approval of the board of directors, shall be authorized to receive, invest and disburse all funds of the entity without further appropriation. The treasurer shall give bond for the faithful performance of his duties in a form and amount as fixed by the board of directors. The treasurer may make appropriate investments of the funds of the entity consistent with section 55B of chapter 44.
The board shall appoint a business officer who may be a city auditor, town accountant or officer with similar duties, of 1 of the participating governmental units. The business officer shall have the duties and responsibilities of an auditor or accountant pursuant to sections 52 and 56 of chapter 41 and shall not be eligible to hold the office of treasurer.
The board of directors may borrow money, enter into long or short-term loan agreements or mortgages and apply for state, federal or corporate grants or contracts to obtain funds necessary to carry out the purposes of the entity. The borrowing, loans or mortgages shall be consistent with the joint powers agreement, standard lending practices and sections 16 to 28, inclusive, of chapter 44. The board of directors may, subject to chapter 30B, enter into contracts for the purchase of supplies, materials and services and for the purchase or lease of land, buildings and equipment, as considered necessary by the board of directors.
(f) The entity shall be a public employer. The board of directors may employ personnel to carry out the purposes of the joint powers agreement and establish the duties, compensation and other terms and conditions of employment of personnel.
(g) A participating governmental unit shall not be liable for the acts or omission of another participating government unit or the region or any entity created by the joint powers agreement, unless the participating governmental unit has agreed otherwise in the joint powers agreement.
(h) A regional school district, superintendency union, educational collaborative, charter school or commonwealth virtual school may only be formed as provided in the applicable provisions of the General Laws, and no joint powers agreement made pursuant to this section may, in substance, create such a district, union, collaborative, charter school or virtual school, irrespective of how the entity created pursuant to a joint powers agreement may be characterized or named. A joint powers agreement relating to public schools may only be entered into by the school committee, or other governing board, as applicable.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title VII - Cities, Towns and Districts
Chapter 40 - Powers and Duties of Cities and Towns
Section 1b - Districts; Power to Sue and Be Sued; Insurance; Defense of Civil Actions
Section 2 - Towns; Power to Sue and Be Sued
Section 3 - Towns; Power to Hold, Lease and Convey Property
Section 4 - Towns; Power to Contract; Purposes
Section 4a1/2 - Joint Powers Agreements
Section 4d - Contracts With State or Public Authority for Construction of Public Works
Section 4e - Education Collaboratives
Section 4f - Purchase of Clothing or Apparel; Restrictions
Section 4i - Growth and Development Policy Committees; Definitions
Section 5 - Appropriation of Money for Exercise of Corporate Powers
Section 5a - Cities; Reserve Funds for Extraordinary Expenditures; Establishment
Section 5b - Stabilization Funds; Establishment
Section 5c - Districts; Reserve Funds for Extraordinary Expenditures; Establishment
Section 5d - Contributory Retirement System Funds; Recovery of Pension Costs
Section 5e - Unemployment Compensation Fund; Deposit and Investment; Payments
Section 5f - Ambulance Services; Recreational Facilities; Service Charges; Credit Card Payments
Section 5g - Municipal Waterways Improvement and Maintenance Funds
Section 5h - Centennial Celebrations; Funds
Section 6 - Towns; Reserve Funds for Extraordinary Expenditures; Establishment
Section 6c - Removal of Ice and Snow From Private Ways; Conditions
Section 6d - Removal of Ice and Snow From Private Ways; Submission to Electorate; Ballot
Section 6j - Stormy Weather Work Clothes; Purchase
Section 6k - Uniforms of Public Health Nurses; Purchase
Section 6l - Stormy Weather Work Clothes; Lease or Rental
Section 6n - Private Ways; Temporary Repairs, Ordinances or By-Laws
Section 6o - Group Life Insurance Premiums; Permanent Employees
Section 7 - Removal of Ice and Snow From Sidewalks in Towns
Section 7a - Prevention of Automobile Accidents
Section 8 - Enforcement of Laws Relating to Civil Service
Section 8c - Conservation Commission; Establishment; Powers and Duties
Section 8d - Historical Commission; Establishment; Powers and Duties
Section 8e - Youth Commission; Establishment; Powers and Duties
Section 8f - Consumer Advisory Commission; Establishment; Annual Report; Clerks and Employees
Section 8g - Mutual Police Aid Programs; Agreements
Section 8h - Recycling Programs
Section 8i - Energy Resources Commission; Powers and Duties
Section 8j - Disability Commission; Powers and Duties; Members; Terms
Section 8k - Mapping Commissions; Powers and Duties; Members
Section 8l - Municipal Agricultural Commission
Section 10 - Public Markets; Establishment; Conditions; Regulation
Section 11 - Prevention of Forest Fires
Section 11a - Beach Districts; Formation
Section 12 - Public Baths and Wash Houses
Section 12c - Construction of Beach Facilities; Rules and Regulations
Section 12d - Authority to Incur Indebtedness; Limitation
Section 12e - Treasurer of District; Appointment; Bond; Powers and Duties
Section 12g - Leasing of Concessions; Procedure
Section 13 - Municipal Buildings Insurance Fund; Management; Use
Section 13a - Workers' Compensation Insurance Funds; Management
Section 13b - Residence Quarters for School Physicians
Section 13c - Workers' Compensation Claims Reserve Funds
Section 14 - Purchase of Land; Conditions; Limitations; Definition
Section 15 - Abandonment of Rights in Realty; Conditions
Section 15a - Transfer of Land; Procedure
Section 15b - Water Supply Works; Sale or Exchange of Property
Section 15c - Scenic Road Designations; Improvements; Fines
Section 16 - Street Sprinkling
Section 18 - Collection of Assessment
Section 20 - Selling Price of Necessities; Accounting
Section 21 - By-Laws of Towns; Purpose
Section 21a - Powers of Cities and Towns; Regulation of Working Conditions of Employees
Section 21b - Personnel Relations Review Board; Establishment; Purpose; ''grievance'', Defined
Section 21c - Union Conventions; Leave of Absence
Section 21d - Noncriminal Disposition of Ordinance, By-Law, Rule or Regulation Violations
Section 21e - Municipal Charges and Bills; Due Dates; Interest
Section 22a1/2 - Parking Benefit Districts
Section 22a3/4 - Designation of Parking Space for Veteran Parking at City or Town Hall
Section 22d - Vehicles Parked in Violation of Law; Removal
Section 22e - Lease of Air Space Above Structures and Facilities
Section 22f - License Fees; Service Charges; Acceptance of Section
Section 24 - Powers of Cities; Regulation of the Quality of Ice; Penalty for Violation
Section 31 - Powers of Towns; Performance of Duty Imposed by By-Laws
Section 32 - Validation of By-Laws; Procedure
Section 32a - Publication of Ordinances
Section 32b - Publication of Compilations of Zoning Ordinances; Supplements; Distribution and Sale
Section 33 - Rules and Regulations Promulgated by Town Boards; Filing
Section 34 - Town; Erection and Maintenance of Lockup; Penalty for Noncompliance
Section 35 - Keeper; Appointment; Oath; Penalty for Failure to Appoint Keeper
Section 36 - Keeper; Powers; Compensation; Fees
Section 36b - Cells; Protective Coverings, Electronic Audio Systems and Electronic Security Devices
Section 36c - Police; Training in Suicide Detection, Intervention and Prevention
Section 37 - Accessibility of Lockup to Police; Penalty for Refusing Access
Section 37a - Curfews; Imposition; Penalties
Section 38 - Purchase, Development and Use of Public Water Supply
Section 39 - Conveying Water Through Another Town; Liability for Damages
Section 39b - Acquisition of Land and Water; Conditions
Section 39e - Management of Water System
Section 39g - Pollution of Water; Damage to Property; Penalties
Section 39h - Right to Aid Other Governmental Units; Compensation
Section 39i - Water Meters; Testing
Section 39j - Pricing System; Costs
Section 39k - Drinking Water Protection District; Establishment; Commission; Pricing System; Fund
Section 39l - Water or Sewer Service Charges; Descending Unit Rate Basis
Section 41 - Protection of Water Supply; Conditions
Section 41a - Use of Water in Emergencies
Section 42 - Laying Pipes and Conduits
Section 42a - Collection of Rates and Charges for Supplying of Water; Lien for Delinquent Charges
Section 42b - Effective Date of Lien; Termination; Enforcement
Section 42c - Unpaid Charges; Report to Tax Collector
Section 42d - Unpaid Charges; Collection as Part of Property Tax
Section 42e - Abatements; Appeals
Section 42f - Recovery of Delinquent Charges From Tenants
Section 42g - Distribution of Water; Payment of Costs by Special Assessment
Section 42h - Uniform Rate of Assessment
Section 42j - Deferral of Charges
Section 42k - Assessment of Betterments
Section 43 - Authorization for Laying of Pipes for the Transmission of Steam or Hot Water
Section 44 - Improvement Districts; Purposes; Membership; Tenure; Powers and Duties
Section 44a - Regional Refuse Disposal Planning Committee
Section 44c - Regional Refuse Disposal Planning Board; Agreement for Establishment of District
Section 44e - Acceptance of Recommendation; Election; Establishment of District
Section 44f - General Powers of District
Section 44g - Exercise of Powers; Officers of Committee
Section 44h - Maintenance and Operating Expenses; Debts; Determination and Apportionment
Section 44i - Annual Audit and Report; Costs
Section 44j - Sale, Lease or License of Lands or Facilities to Refuse Disposal Districts
Section 44k - Bonds and Notes; Limit of Indebtedness
Section 44l - Issuance of Debt Obligations to Pay for Project Costs
Section 45 - Recognizance; Permission to Designate an Agent
Section 46 - Certification of Claims
Section 47 - Town Seal; Establishment; Use
Section 49 - Annual Town Reports; Publication; Penalty for Noncompliance
Section 50 - Annual Town Report; Copy to State Library
Section 52 - Size of Official Letters
Section 53 - Restraint of Illegal Appropriations; Ten Taxpayer Actions
Section 54 - Building Permit Restrictions; Availability of Water Supply; Disposal of Debris
Section 55 - Annuity Contract, Custodial Account or Other Investment for Hospital Employees
Section 56 - Percentages of Local Tax Levy for Property
Section 58 - Municipal Charges Lien
Section 59 - Tax Increment Financing Plan
Section 60 - Urban Center Housing Tax Increment Financing Zone (Uch–tif)
Section 60a - Manufacturing Workforce Training Tax Increment Financing Plan
Section 60b - Workforce Housing Special Tax Assessment Plan
Section 61 - Definitions Applicable to Secs. 61 to 69
Section 67 - Project Approval Certificates From Department of Environmental Protection
Section 68 - Contracts Made in Violation of Secs. 61 to 69 Void and Unenforceable