Mass. Gen. Laws ch. 35, sec. 11 — MA Code / Part I / Title VI / Chapter 35 / Section 11
Payment of expenses, etc.; restrictions
Status: in_force

Section 11. No payments, except payments of expenses in criminal prosecutions or for assignment of counsel by a court, in either case as authorized by law, or of the compensation or salaries of elected county officers other than a clerk of courts, a district attorney, a register of probate or other officer whose salary is provided for in section ninety-four of chapter two hundred and twenty-one, or of outstanding notes or bonds and of interest thereon, reasonable expenses incurred by the treasurer as a party in representing the county which have been certified by the director of accounts, and non-contributory pensions authorized under any general or special law, shall be made by a treasurer except upon orders drawn and signed by a majority of the county commissioners, certified by their clerk and accompanied, except in Suffolk county, by the original bills, vouchers or evidences of county indebtedness for which payment is ordered, stating in detail the items and confirming the account. Said clerk shall not certify such orders until he has recorded them in the records of the commissioners. A treasurer may petition the superior court for a declaratory decree or judgment to determine the legality of any order or orders, in accordance with the provisions of chapter two hundred and thirty-one A. No expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by a county treasurer unless the executive head or governing body of the agency administering the project—or other person provided for by statute—certifies in writing the design work is or shall be such as to specify a project that can be accomplished ( a ) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and ( b ) without substantial deviation from any (i) study or program which must be prepared in accordance with the provisions of section 7K of chapter twenty-nine or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in ( b )(i) and ( b )(ii). No expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by a county treasurer unless the executive head or governing body of the agency administering the project—or other person provided for by statute—certifies in writing that the construction work can be accomplished ( a ) within the appropriation or authorization for the project and ( b ) without substantial deviation from (i) any study or program which must be prepared in accordance with the provisions of section 7K of chapter twenty-nine or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in ( b )(i) and ( b )(ii).

Section 11. No payments, except payments of expenses in criminal prosecutions or for assignment of counsel by a court, in either case as authorized by law, or of the compensation or salaries of elected county officers other than a clerk of courts, a district attorney, a register of probate or other officer whose salary is provided for in section ninety-four of chapter two hundred and twenty-one, or of outstanding notes or bonds and of interest thereon, reasonable expenses incurred by the treasurer as a party in representing the county which have been certified by the director of accounts, and non-contributory pensions authorized under any general or special law, shall be made by a treasurer except upon orders drawn and signed by a majority of the county commissioners, certified by their clerk and accompanied, except in Suffolk county, by the original bills, vouchers or evidences of county indebtedness for which payment is ordered, stating in detail the items and confirming the account. Said clerk shall not certify such orders until he has recorded them in the records of the commissioners. A treasurer may petition the superior court for a declaratory decree or judgment to determine the legality of any order or orders, in accordance with the provisions of chapter two hundred and thirty-one A. No expenditure of funds appropriated or authorized for the design of a capital facility project shall be approved by a county treasurer unless the executive head or governing body of the agency administering the project—or other person provided for by statute—certifies in writing the design work is or shall be such as to specify a project that can be accomplished ( a ) within the appropriation or authorization for the project or within the project cost limits specified by the appropriation or authorization and ( b ) without substantial deviation from any (i) study or program which must be prepared in accordance with the provisions of section 7K of chapter twenty-nine or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the design work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in ( b )(i) and ( b )(ii). No expenditure of funds appropriated or authorized for the construction of a capital facility project shall be approved by a county treasurer unless the executive head or governing body of the agency administering the project—or other person provided for by statute—certifies in writing that the construction work can be accomplished ( a ) within the appropriation or authorization for the project and ( b ) without substantial deviation from (i) any study or program which must be prepared in accordance with the provisions of section 7K of chapter twenty-nine or (ii) any other pre-design document which must be prepared in accordance with any other statute, appropriation or authorization or administrative directive consistent therewith. In no event shall the construction work be such as would result in a change in the number of square feet to be constructed in the project of more than ten per cent from the number specified in the study, program or other pre-design document referred to in ( b )(i) and ( b )(ii).