Mass. Gen. Laws ch. 73, sec. 16 — MA Code / Part I / Title XII / Chapter 73 / Section 16
Election, etc., of officers; employment, status and benefits of personnel
Status: in_force

Section 16. As used in this section the following words shall have the following meanings, unless the context otherwise requires: ''Professional staff'', all officers of the division of state universities, 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. ''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 director of the division of state universities, who shall be the administrative and executive secretary of the board of trustees, and the president and such other officers and members of the professional staff of each state university 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 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 director, 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 said schedule; provided, however, that the trustees may establish the salary for the director of the division of state universities, and for the president, members of the professional staff and for the academic deans and members of the professional teaching staff without reference to the general salary schedule and salary range; and, provided further, that no such salary shall be established for any academic dean or any member of the professional teaching staff unless his classification rating is equal to or higher than that of professor, nor shall the number of academic deans and members of the professional teaching staff whose salaries may be so established exceed one per cent of the combined total number of academic deans and members of the professional teaching staff. A notification of each personnel action taken shall be filed by the president or other officer of the university 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 universities, 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 each state university or an officer of the university designated by him shall file annually with the governor, the budget director and the joint committee on ways and means a list of all positions at such university, 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 universities. The non-professional personnel of the universities 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 trustee 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 universities 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. Nothing in this section shall be so construed as to deny the president of a state university of any retirement, seniority or tenure rights acquired by him as a result of his prior employment in the University of Massachusetts or any of the state universities, or in The Teachers College of the City of Boston prior to its acquisition by the commonwealth.

Section 16. As used in this section the following words shall have the following meanings, unless the context otherwise requires:

''Professional staff'', all officers of the division of state universities, 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.

''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 director of the division of state universities, who shall be the administrative and executive secretary of the board of trustees, and the president and such other officers and members of the professional staff of each state university 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 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 director, 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 said schedule; provided, however, that the trustees may establish the salary for the director of the division of state universities, and for the president, members of the professional staff and for the academic deans and members of the professional teaching staff without reference to the general salary schedule and salary range; and, provided further, that no such salary shall be established for any academic dean or any member of the professional teaching staff unless his classification rating is equal to or higher than that of professor, nor shall the number of academic deans and members of the professional teaching staff whose salaries may be so established exceed one per cent of the combined total number of academic deans and members of the professional teaching staff. A notification of each personnel action taken shall be filed by the president or other officer of the university 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 universities, 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 each state university or an officer of the university designated by him shall file annually with the governor, the budget director and the joint committee on ways and means a list of all positions at such university, 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 universities.

The non-professional personnel of the universities 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 trustee 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 universities 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. Nothing in this section shall be so construed as to deny the president of a state university of any retirement, seniority or tenure rights acquired by him as a result of his prior employment in the University of Massachusetts or any of the state universities, or in The Teachers College of the City of Boston prior to its acquisition by the commonwealth.