Mass. Gen. Laws ch. 74, sec. 42O — MA Code / Part I / Title XII / Chapter 74 / Section 42O
Election of officers; salaries of officers and professional staff; employment, status and benefits of personnel
Status: in_force

Section 42O. As used in this section the following words shall have the following meanings, unless the context otherwise requires: ''Professional staff'', all officers of the college and of the institute and all persons, except those whose duties are clerical, custodial, security, labor, maintenance and the like, employed for teaching, research, administration, extension, enforcement, control laws and regulatory services, technical and specialized academic support staff, and such related activities as shall be determined by the trustees thereof. ''Non-professional staff'', all employees who are not classified as professional personnel, such as clerical, custodial, security, labor, maintenance and the like. ''General salary schedule'', the pay plan of the commonwealth as contained in paragraph (1) of section forty-six of chapter thirty. The trustees shall elect the president and such other officers and members of the professional staff of the college and of the institute as they may determine necessary and shall fix their classification, title and salary within the general salary schedule, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in the said schedule, and shall define their duties and tenure of office without limitation of any other provision of law. The trustees shall have complete authority with respect to the election or appointment of the professional staff including terms, conditions and periods of employment, compensation, promotion, classification and reclassification, transfer, demotion and dismissal within funds available by appropriation of the general court or from other sources. The classification, title, salary range within the general salary schedule, and descriptive job specifications for each position shall be determined by the trustees for each member of the professional staff and copies thereof shall be placed on file with the governor, budget commissioner, personnel administrator, and the joint committee on ways and means, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in the said schedule. A notification of each personnel action taken shall be filed by the president or other officer of the college or institute designated by him with the personnel administrator and with the comptroller. In establishing the classification, title and salary plan for the professional staff of the college and the institute, the trustees shall give recognition to the need to establish and maintain appropriate academic ranks and titles as may be appropriate for higher education in order to provide for outstanding scholars, scientists and teachers. The president of the college or an officer designated by him and the president of the institute or an officer designated by him, shall file annually with the governor, the budget commissioner and the joint committee on ways and means a list of all positions at said college or institute, including the name of the incumbent, the classification and title, and the rate of pay. The trustees may, without prior approval and within limits of appropriations, engage designers, lecturers, students, other professional personnel, and non-employee services, at such rates and for such periods of time as they may determine necessary for the operation of the college and the institute. The non-professional personnel of the college and of the institute shall continue as state employees under the provisions of chapter thirty and except as otherwise provided in this paragraph, shall be employed in authorized permanent positions in accordance with the provisions of section forty-five of said chapter; provided, however, that the trustees of the college and the institute shall have the authority without prior approval and within the limits of appropriations to establish and fill temporary, part time and seasonal positions within existing titles and rates within available appropriations for the fiscal year. A notice of action taken in filling all such positions shall be filed with the personnel administrator and with the comptroller. All officers and employees, professional and non-professional, of the college and of the institute shall continue to be employees of the commonwealth irrespective of the source of funds from which their salaries or wages are paid. They shall have the same privileges and benefits of other employees of the commonwealth such as retirement benefits, group insurance, industrial accident coverage, and other coverage enjoyed by all employees of the commonwealth.

Section 42O. As used in this section the following words shall have the following meanings, unless the context otherwise requires:

''Professional staff'', all officers of the college and of the institute and all persons, except those whose duties are clerical, custodial, security, labor, maintenance and the like, employed for teaching, research, administration, extension, enforcement, control laws and regulatory services, technical and specialized academic support staff, and such related activities as shall be determined by the trustees thereof.

''Non-professional staff'', all employees who are not classified as professional personnel, such as clerical, custodial, security, labor, maintenance and the like.

''General salary schedule'', the pay plan of the commonwealth as contained in paragraph (1) of section forty-six of chapter thirty.

The trustees shall elect the president and such other officers and members of the professional staff of the college and of the institute as they may determine necessary and shall fix their classification, title and salary within the general salary schedule, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in the said schedule, and shall define their duties and tenure of office without limitation of any other provision of law.

The trustees shall have complete authority with respect to the election or appointment of the professional staff including terms, conditions and periods of employment, compensation, promotion, classification and reclassification, transfer, demotion and dismissal within funds available by appropriation of the general court or from other sources. The classification, title, salary range within the general salary schedule, and descriptive job specifications for each position shall be determined by the trustees for each member of the professional staff and copies thereof shall be placed on file with the governor, budget commissioner, personnel administrator, and the joint committee on ways and means, except that any such salary may be fixed at any amount not less than the minimum salary nor more than the maximum salary shown in the said schedule. A notification of each personnel action taken shall be filed by the president or other officer of the college or institute designated by him with the personnel administrator and with the comptroller. In establishing the classification, title and salary plan for the professional staff of the college and the institute, the trustees shall give recognition to the need to establish and maintain appropriate academic ranks and titles as may be appropriate for higher education in order to provide for outstanding scholars, scientists and teachers.

The president of the college or an officer designated by him and the president of the institute or an officer designated by him, shall file annually with the governor, the budget commissioner and the joint committee on ways and means a list of all positions at said college or institute, including the name of the incumbent, the classification and title, and the rate of pay.

The trustees may, without prior approval and within limits of appropriations, engage designers, lecturers, students, other professional personnel, and non-employee services, at such rates and for such periods of time as they may determine necessary for the operation of the college and the institute.

The non-professional personnel of the college and of the institute shall continue as state employees under the provisions of chapter thirty and except as otherwise provided in this paragraph, shall be employed in authorized permanent positions in accordance with the provisions of section forty-five of said chapter; provided, however, that the trustees of the college and the institute shall have the authority without prior approval and within the limits of appropriations to establish and fill temporary, part time and seasonal positions within existing titles and rates within available appropriations for the fiscal year. A notice of action taken in filling all such positions shall be filed with the personnel administrator and with the comptroller.

All officers and employees, professional and non-professional, of the college and of the institute shall continue to be employees of the commonwealth irrespective of the source of funds from which their salaries or wages are paid. They shall have the same privileges and benefits of other employees of the commonwealth such as retirement benefits, group insurance, industrial accident coverage, and other coverage enjoyed by all employees of the commonwealth.