State Codes and Statutes

Statutes > Massachusetts > PARTI > TITLEIII > CHAPTER29 > Section29A

Section 29A. The commissioner of administration shall make, and may from time to time amend, rules and regulations governing the use of consultants in all departments, offices, boards, agencies, commissions and institutions. Such rules and regulations shall establish, after recommendations by the personnel administrator, the rate of compensation of such services and shall provide for the prior approval by the said administrator of the rate for any such service for which no rate has previously been established by such regulation. Such rules and regulations shall be open to public inspection in the human resources division within the executive office for administration and finance, and copies thereof shall be available to any person upon request. Such rules and regulations shall not be subject to the provisions of chapter thirty A. Such rules and regulations shall also include, but need not be limited to the following requirements none of which shall be waived: (1) a request therefor on a form prescribed by the commissioner of administration specifically setting forth the need for such services; (2) the period of time for which the services are to be engaged or the scope of work to be done and such other information as shall be required to establish the maximum limit of the commonwealth’s obligation for the services; (3) a written contract specifically setting forth the duties and responsibilities of the parties; (4) a resume setting forth the qualifications of the proposed consultant as they relate to the terms of the aforementioned contract; (5) a disclosure statement setting forth any other income derived by the proposed consultant from the commonwealth or any of its political subdivisions; (6) a statement setting forth the names and addresses of all persons with any interest in the said contract. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provisions of any such services without the prior written approval of such contract by the secretary having charge of such executive office. No payment shall be made to any consultant for any services provided prior to the date upon which the form requesting said services as required by clause (1) has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller. As used in this section the word “consultant” shall mean any person who, as a nonemployee of the commonwealth, gives advice or service regarding matters in the field of his knowledge or training and whose compensation is payable from a subsidiary account coded under “03” in the expenditure code manual. No person employed by the commonwealth as a consultant so-called shall directly or indirectly supervise another temporary or permanent employee of the commonwealth. Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for state positions. The commissioner shall submit quarterly to the house and senate committees on ways and means and the house and senate committees on post audit and oversight a report which identifies all existing consultant contracts by agency, for all accounts established or maintained by the comptroller, including but not limited to appropriation accounts for ordinary maintenance, for federal grants, bond revenue accounts, revolving accounts, retained revenue accounts, and trust accounts. Said report shall identify each contract, its duration, its maximum dollar obligation, the name of the contractor, and the services performed by the contractor.

State Codes and Statutes

Statutes > Massachusetts > PARTI > TITLEIII > CHAPTER29 > Section29A

Section 29A. The commissioner of administration shall make, and may from time to time amend, rules and regulations governing the use of consultants in all departments, offices, boards, agencies, commissions and institutions. Such rules and regulations shall establish, after recommendations by the personnel administrator, the rate of compensation of such services and shall provide for the prior approval by the said administrator of the rate for any such service for which no rate has previously been established by such regulation. Such rules and regulations shall be open to public inspection in the human resources division within the executive office for administration and finance, and copies thereof shall be available to any person upon request. Such rules and regulations shall not be subject to the provisions of chapter thirty A. Such rules and regulations shall also include, but need not be limited to the following requirements none of which shall be waived: (1) a request therefor on a form prescribed by the commissioner of administration specifically setting forth the need for such services; (2) the period of time for which the services are to be engaged or the scope of work to be done and such other information as shall be required to establish the maximum limit of the commonwealth’s obligation for the services; (3) a written contract specifically setting forth the duties and responsibilities of the parties; (4) a resume setting forth the qualifications of the proposed consultant as they relate to the terms of the aforementioned contract; (5) a disclosure statement setting forth any other income derived by the proposed consultant from the commonwealth or any of its political subdivisions; (6) a statement setting forth the names and addresses of all persons with any interest in the said contract. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provisions of any such services without the prior written approval of such contract by the secretary having charge of such executive office. No payment shall be made to any consultant for any services provided prior to the date upon which the form requesting said services as required by clause (1) has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller. As used in this section the word “consultant” shall mean any person who, as a nonemployee of the commonwealth, gives advice or service regarding matters in the field of his knowledge or training and whose compensation is payable from a subsidiary account coded under “03” in the expenditure code manual. No person employed by the commonwealth as a consultant so-called shall directly or indirectly supervise another temporary or permanent employee of the commonwealth. Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for state positions. The commissioner shall submit quarterly to the house and senate committees on ways and means and the house and senate committees on post audit and oversight a report which identifies all existing consultant contracts by agency, for all accounts established or maintained by the comptroller, including but not limited to appropriation accounts for ordinary maintenance, for federal grants, bond revenue accounts, revolving accounts, retained revenue accounts, and trust accounts. Said report shall identify each contract, its duration, its maximum dollar obligation, the name of the contractor, and the services performed by the contractor.


State Codes and Statutes

State Codes and Statutes

Statutes > Massachusetts > PARTI > TITLEIII > CHAPTER29 > Section29A

Section 29A. The commissioner of administration shall make, and may from time to time amend, rules and regulations governing the use of consultants in all departments, offices, boards, agencies, commissions and institutions. Such rules and regulations shall establish, after recommendations by the personnel administrator, the rate of compensation of such services and shall provide for the prior approval by the said administrator of the rate for any such service for which no rate has previously been established by such regulation. Such rules and regulations shall be open to public inspection in the human resources division within the executive office for administration and finance, and copies thereof shall be available to any person upon request. Such rules and regulations shall not be subject to the provisions of chapter thirty A. Such rules and regulations shall also include, but need not be limited to the following requirements none of which shall be waived: (1) a request therefor on a form prescribed by the commissioner of administration specifically setting forth the need for such services; (2) the period of time for which the services are to be engaged or the scope of work to be done and such other information as shall be required to establish the maximum limit of the commonwealth’s obligation for the services; (3) a written contract specifically setting forth the duties and responsibilities of the parties; (4) a resume setting forth the qualifications of the proposed consultant as they relate to the terms of the aforementioned contract; (5) a disclosure statement setting forth any other income derived by the proposed consultant from the commonwealth or any of its political subdivisions; (6) a statement setting forth the names and addresses of all persons with any interest in the said contract. No department, office, agency, board, commission or institution within any of the executive offices established by chapters six A and seven shall contract for the provisions of any such services without the prior written approval of such contract by the secretary having charge of such executive office. No payment shall be made to any consultant for any services provided prior to the date upon which the form requesting said services as required by clause (1) has been approved by the secretary having charge of such executive office and a copy of the same has been filed with the comptroller. As used in this section the word “consultant” shall mean any person who, as a nonemployee of the commonwealth, gives advice or service regarding matters in the field of his knowledge or training and whose compensation is payable from a subsidiary account coded under “03” in the expenditure code manual. No person employed by the commonwealth as a consultant so-called shall directly or indirectly supervise another temporary or permanent employee of the commonwealth. Consultant contracts, whether written with organizations or individuals, shall not be used as substitutes for state positions. The commissioner shall submit quarterly to the house and senate committees on ways and means and the house and senate committees on post audit and oversight a report which identifies all existing consultant contracts by agency, for all accounts established or maintained by the comptroller, including but not limited to appropriation accounts for ordinary maintenance, for federal grants, bond revenue accounts, revolving accounts, retained revenue accounts, and trust accounts. Said report shall identify each contract, its duration, its maximum dollar obligation, the name of the contractor, and the services performed by the contractor.