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Main Page Sheriff Merger
(Click here to view the original thread on the MassCops Message Board)

Posted by: dh18

Deval filed legislation with his budget to move all the sheriffs to be under state control.

http://www.mass.gov/bb/h1/fy2009h1/b...l_sheriffs.htm

County Sheriffs Bill

AN ACT TRANSFERRING COUNTY SHERIFFS TO THE COMMONWEALTH.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to transfer county sheriffs to the commonwealth on July 1, 2008, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
SECTION 1. Section 1 of chapter 34B of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by adding the following sentence:- All functions, duties, responsibilities, property and employees of sheriffs in Barnstable, Bristol, Dukes, Nantucket, Norfolk, Plymouth and Suffolk counties are hereby transferred to the commonwealth under this chapter, as if the governments of those counties had been abolished under this chapter, as of July 1, 2008, and the second, fourth and fifth paragraphs of section 18 shall apply for sheriffs' employees so transferred.

SECTION 2. Section 1 of chapter 64D of the General Laws, as so appearing, is hereby amended by striking out the sentence in lines 17 to 21, inclusive.

SECTION 3. Said chapter 64D is hereby further amended by striking out sections 11, 12 and 13 and inserting in place thereof the following 2 sections: -

Section 11. Except for Barnstable county, there shall be established upon the books of each county the government of which has not been abolished by chapter 34B or other law, a separate fund, maintained separate and apart from all other funds and accounts of each county, to be known as the Deeds Excise Fund. Notwithstanding any general or special law to the contrary, and except for Barnstable and Suffolk counties and all counties the government of which has been abolished by chapter 34B or other law, on the first day of each month, 10.62 per cent of the taxes collected under this chapter shall be transmitted to the Deeds Excise Fund for each county. For Suffolk county, 6.37 per cent of the taxes collected under this chapter shall be transmitted to the Deeds Excise Fund, but after June 30, 2009, all taxes collected under this chapter in Suffolk county shall be transmitted to and retained by the General Fund of the commonwealth. The remaining percentage of taxes collected under this chapter, including all taxes collected under this chapter in Barnstable county and all counties the government of which has been abolished by chapter 34B or other law, but not including the additional excise authorized by section 2 of chapter 163 of the acts of 1988, shall be transmitted to and retained by the General Fund of the commonwealth in accordance with section 10.

Section 12. (a) There shall be within the executive office for administration and finance a county government finance review board, in this section called the board, consisting of the secretary for administration and finance or her designee, the commissioner of revenue or her designee, the secretary of public safety or his designee, the state auditor or his designee and a former Massachusetts sheriff appointed by majority vote of the Massachusetts Sheriffs' Association. The secretary of administration and finance or her designee shall serve as chairperson of the board.

(b) Notwithstanding any general or special law or county charter to the contrary, no annual or supplementary budget of any county shall take effect until reviewed and approved by the board. The board shall not approve any budget of any county unless it is satisfied:

(1) that the estimates of revenue are reasonable and that adequate funding has been provided for all necessary county expenditures;

(2) that, except for Suffolk county, of the amounts deposited in the Deeds Excise Fund for each county from revenues derived under this chapter, (a) not more than 60 per cent of the deposits shall be disbursed and expended for meeting the costs of the operation and maintenance of the county; and (b) not less than 40 per cent shall be disbursed and expended for the automation, modernization and operation of the registries of deeds; but in Suffolk county, that all of the deposits are to be disbursed and expended for meeting the costs of the operation and maintenance of the county; and

(3) that with respect to funds appropriated for the purpose designated in subclause (b) of clause (2) and which are not dedicated to the Deeds Excise Fund in each county under section 11, the submitted proposed budget shall provide a continuing amount of expenditure of not less than 102.5 per cent of the amount expended for that purpose in the preceding fiscal year.

(c) If a proposed budget is disapproved by the board, the county commissioners or any successor body shall, with the approval of the county advisory board, if applicable, and within 30 days of notification of disapproval of the proposed budget, resubmit a revised proposed budget to the board, which addresses the board's concerns.

(d) The board shall develop guidelines for implementing this section.

SECTION 4. Notwithstanding any general or special law to the contrary, in fiscal year 2009 the state treasurer, under section 20 of chapter 59 of the General Laws, shall assess the town of Nantucket and the city of Boston amounts equal to the minimum obligations of Nantucket and Suffolk counties, respectively, to fund from their own revenues in fiscal year 2008 the operations of the office of the sheriff. Notwithstanding any general or special law to the contrary, in fiscal year 2009, Barnstable, Bristol, Dukes Norfolk and Plymouth counties shall appropriate and pay to the state treasurer, on or before November 1, 2008, amounts equal to the minimum obligations to fund from their own revenues in fiscal year 2008 the operations of the office of the sheriff.
The commissioner of revenue shall reduce the fiscal year 2010 assessment limit of Barnstable, Bristol, Dukes, Norfolk and Plymouth counties under section 20A of chapter 59 of the General Laws by amounts equal to the minimum obligations to fund from their own revenues in fiscal year 2008 the operations of the office of the sheriff. In Nantucket county, for fiscal year 2010 and later years, no county assessment may be imposed upon the town of Nantucket under clause (c) of section 2.8 of the Nantucket county charter established by section 4 of chapter 290 of the acts of 1996, except as is incorporated in the proposed county budget submitted to the county government finance review board in accordance with section 12 of chapter 64D of the General Laws, and the Nantucket county commissioners shall certify to that board that any county assessment so incorporated is necessary for the continued operation and maintenance of county government.

SECTION 5. Notwithstanding any general or special law to the contrary, and except for all counties the governments of which have been abolished by chapter 34B or other law, all revenues received with respect to programs, functions or activities of the office of the sheriff shall be paid to the state treasurer. Any remaining deeds excise or other funds to the credit of the sheriff as of June 30, 2008 shall be paid to the state treasurer, but the county treasurer may pay appropriate fiscal year 2008 sheriff's department obligations after June 30, 2008. Payment of obligations to be charged to the sheriff's fiscal year 2008 budget as approved by the county government finance review board must be within that budget or otherwise be approved by the secretary of administration and finance.

SECTION 6. The division of local services of the department of revenue shall consult the cities of Boston, Chelsea and Revere and the town of Winthrop about the continuing need for a government of Suffolk county, and shall report its recommendations, with the drafts of any legislation, to the secretary of administration and finance and the clerks of the senate and the house of representatives not later than February 1, 2009.

SECTION 7. County commissioners, county sheriffs, county treasurers, county retirement systems, the State-Boston retirement system, and all executive branch agencies and officers shall cooperate with the secretary of administration and finance in effecting the orderly transfer of the county sheriffs to the commonwealth. The secretary may establish working groups as she considers appropriate to assist in the implementation of the transfer.

SECTION 8. This act shall take effect on July 1, 2008.

Posted by: alphadog1

Interesting that Middlesex and Worcester Sheriffs are not included. So does this mean the Sheriff becomes a superintendent at their institution? Or does he/she retain their elected title(s)?

Posted by: dh18

http://www.southofboston.com/article...ews/news02.txt

Proposal would transfer sheriff workers to state: Plymouth sheriff likes Patrick’s plan

By TOM BENNER
Patriot Ledger State House Bureau

BOSTON - Sheriff departments - one of the few remaining vestiges of county government in Massachusetts - would come under state control under Gov. Deval Patrick’s newly released budget plan.

Patrick wants the state to take over seven county sheriff departments - including the ones in Norfolk and Plymouth counties - that still operate independently.

Plymouth County Sheriff Joseph McDonald, whose department has been bailed out by the state financially, hailed the proposal.

‘‘It’s going to take the uncertainty out of the budget process,’’ he said. ‘‘The certainty that it’s going to give us as managers is very big, and the efficiencies that we realize by coming under the state system are going to be very real.’’

Seven other sheriff departments in Massachusetts already function as an arm of state government.

Under Patrick’s plan, which needs legislative approval, the state would take over payroll, health and retirement costs for the sheriff departments in Barnstable, Dukes, Nantucket, Bristol, Norfolk, Plymouth and Suffolk counties. That would make those working in the sheriff departments state employees.

The state also would take over sheriff-department revenues that help pay to run county jails, such as the deeds excise tax on real estate transactions.

With receipts from that tax accounting for up to one-third of total sheriff department revenues, state funding will allow for more predictable planning, McDonald said. In addition, benefit and retirement costs are cheaper under the larger state systems, he said.

Under the plan, sheriffs would continue to be elected and would still manage their own budgets, but they would face increased oversight by state officials..........

Posted by: alphadog1

Sounds like the Sheriff gets to keep his elected position.

Posted by: PaulKersey

Quote:

Originally Posted by alphadog1

Interesting that Middlesex and Worcester Sheriffs are not included. )?

Just goes to show you how "political" those two really are.

Posted by: celticsfan

Does this mean that "reserve sheriffs" can now get "reserve state sheriff" badges by sending a check to Deval?

Posted by: rg1283

It would make them like Worcester County. They have been state employees for a decade. Thats all. Still would be hacks.

Posted by: Delta784

Quote:

Originally Posted by PaulKersey

Just goes to show you how "political" those two really are.

Middlesex and Worcester were placed under state control quite a few years ago.

Posted by: alphadog1

Quote:

Originally Posted by Delta784

Middlesex and Worcester were placed under state control quite a few years ago.

Which means nothing changes. I thought they would be merged into the DOC.

Posted by: kwflatbed

The Patriot Ledger View:

OUR OPINION - A new sheriff in town

By The Patriot Ledger
Gov. Deval Patrick’s plan for the state to take over the remaining seven sheriff departments still run by counties is one that makes fiscal and administrative sense in adding cost certainty to budget planning and providing a level playing field for all correctional facilities and sheriff’s offices.

While some county officials are wary that the proposal is a precursor to ending county government - and we can only hope it is - the measure is a common sense attempt to take the volatility out of the annual funding dance, while still keeping a sheriff elected by and accountable to the county voters.

The legislation is aimed at Plymouth, Norfolk, Bristol, Barnstable, Suffolk, Nantucket and Dukes counties, which struggle annually to avoid running in the red while the other seven counties, already under state control, are free to do what they were meant to do - provide safe and secure correctional facilities and administer community support programs.

Under Patrick’s plan, the portion of the deeds excise tax - 10.62 percent - that currently funds sheriff’s departments would merely shift to the state’s general fund, along with other revenues such as federal inmates’ payments, to cover the counties’ shares.

The counties would no longer have to carry the burden of the so-called ‘‘maintenance of effort’’ payments. In Norfolk County, with an annual sheriff’s budget of about $35 million, that payment is roughly $1.2 million while in Plymouth County, where the sheriff’s department budget is $60 million, the maintenance of effort payment is $414,000. In nearby Barnstable County, the payment is $2.3 million. Quite a disparity that would cease under a state takeover.

Sheriff’s department employees would become state employees, and their health and pension benefits would be administered by the Group Insurance Commission and state pension board.

That is a little more difficult to quantify in savings because some pension plans are not fully funded and the health plans are not the Cadillacs offered by the self-funded county programs, but for taxpayers, it would mean millions. In Barnstable, for instance, the savings would amount to about $3 million annually.

There must be something appealing in the plan for a Republican such as Plymouth County Sheriff Joseph D. MacDonald Jr. and Norfolk County Sheriff Michael Bellotti to give it their initial endorsements.

Like all proposals, the devil is in the details and there are some questions that need to be answered before the bill is passed, such as who picks up the remaining 19 years of debt service on the new Plymouth County Correctional Facility.

But overall, this measure goes a long way toward stabilizing the rough ride that sheriff’s departments have had in recent fiscal years, and would do much to maintain professional oversight and administration of an essential service.

http://ledger.southofboston.com/arti...ion/opin01.txt

Posted by: alphadog1

If the Governor wants to get rid of the waste, then abolish the Sheriff and his hacks. Merge the screws with the DOC.

Posted by: Robert35

Same thing just trying to save money

Posted by: MSP75

Quote:

Originally Posted by alphadog1

If the Governor wants to get rid of the waste, then abolish the Sheriff and his hacks. Merge the screws with the DOC.

I agree. Unfortunately, an amendment is required to stop wasting money on the Sheriffs. The Sheriff is an elected position per the CONSTITUTION OF THE COMMONWEALTH OF MASSACHUSETTS

Article XIX. The legislature shall prescribe, by general law, for the election of sheriffs, registers of probate, [commissioners of insolvency,] and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.

Posted by: Wolfman

The Massachusetts Constitution is contantly trampled:

Article I: All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.

Article XVII. The people have a right to keep and to bear arms for the common defence. And as, in time of peace, armies are dangerous to liberty, they ought not to be maintained without the consent of the legislature; and the military power shall always be held in an exact subordination to the civil authority, and be governed by it.

Article XXIV. Laws made to punish for actions done before the existence of such laws, and which have not been declared crimes by preceding laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government.

Article XXX. In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

Posted by: BB-59

Sorry to burst your bubble but what was put forth by Duval left the sheriffs in place but placed the budget for his agency under the state DOC.

Their powers have not been affected on the surface but how he spends his budget, money they take in from the Feds, Regional Lock Ups would all go to the state with them deciding on where it goes.

The one good news is for the people that WORK behind the walls on tiers, hopefully they will get parity in pay with their state counter parts. Especially in Bristol County were they are the lowest paid in the state.

Hopefully with the sheriff's money being controlled they will direct their energy to where it is most needed.

Posted by: 1justice

Politics at it's best.

Posted by: alphadog1

Quote:

Originally Posted by BB-59

Sorry to burst your bubble but what was put forth by Duval left the sheriffs in place but placed the budget for his agency under the state DOC.

Their powers have not been affected on the surface but how he spends his budget, money they take in from the Feds, Regional Lock Ups would all go to the state with them deciding on where it goes.

The one good news is for the people that WORK behind the walls on tiers, hopefully they will get parity in pay with their state counter parts. Especially in Bristol County were they are the lowest paid in the state.

Hopefully with the sheriff's money being controlled they will direct their energy to where it is most needed.

The only way the people who work behind the walls will get parity is to abolish the county jails and merge them with the DOC. As long as the Sheriff is running the jails there is no such thing as "parity."

Posted by: k9sheriff

Even though we are state employees, our contract is negotiated through our union and sheriff who lets us know how much money we will make.All of the sheriffs that have been state employees still have to go through the sheriff for contracts, so everyone is different and autonomous of each other.Quite screwed up to me if we are all employees of the state.

Posted by: BB-59

Well, looks like Bristol COs are screwed again!

Posted by: Chipper

Whats happens to the Deputies? Do they become troopers?

Posted by: Killjoy

Quote:

Whats happens to the Deputies? Do they become troopers?

Bite your tongue! IF the state ever merged the Sheriff's racket with the DOC, the deputies would become CORRECTIONS OFFICERS.

Posted by: Delta784

Quote:

Originally Posted by Killjoy

Bite your tongue! IF the state ever merged the Sheriff's racket with the DOC, the deputies would become CORRECTIONS OFFICERS.

I'm waiting for the corrections officers to say "bite your tongue!".

Posted by: BB-59

Quote:

Originally Posted by Killjoy

Bite your tongue! IF the state ever merged the Sheriff's racket with the DOC, the deputies would become CORRECTIONS OFFICERS.

Most of the county COs I deal with could care less about being a deputy, what they DO care about is getting a fair shake as far as money goes.

Most of the deputies that I deal with who never worked in corrections, (behind the walls, walking tiers,) would just as sooner sky dive without a shute than be locked in with up to 96 inmates who do not give a flying f*ck who they know.

Posted by: DEPUTY DAWG

Not all of the Deputies are hacks, in Norfolk County all the Deputies that are out working details are full time CO'S working behind the wall and have gone through the reserve acadamy. If the state take over does happen we will not become state CO'S and most likley not get raises to equal their salary (too bad) As far as becoming troopers in a merger that wont happen we are overqualified.

Posted by: bbelichick

Quote:

Originally Posted by DEPUTY DAWG

Not all of the Deputies are hacks, in Norfolk County all the Deputies that are out working details are full time CO'S working behind the wall and have gone through the reserve acadamy. If the state take over does happen we will not become state CO'S and most likley not get raises to equal their salary (too bad) As far as becoming troopers in a merger that wont happen we are overqualified.

Hilarious. I'd give you roughly 2 days at New Braintree before you were back at your jail...and that's being generous

Posted by: DEPUTY DAWG

Your probably right besides I am too old at this point in my career to go backwards. However I would give you less time if you came through my place. But not too worry as a proffesional courtesy I will assign an experienced C/O to protect you when your fear takes over when the big door slams behind you. After all we are all on the same team arent we?

Posted by: bbelichick

Quote:

Originally Posted by DEPUTY DAWG

Your probably right besides I am too old at this point in my career to go backwards. However I would give you less time if you came through my place. But not too worry as a proffesional courtesy I will assign an experienced C/O to protect you when your fear takes over when the big door slams behind you. After all we are all on the same team arent we?

Backwards? You're just a regular comedian. So you love being a C/O? Locked up with a bunch of utter filth for 8 hours a day? Really?

Sorry, bud. I already did my time as a C/O. The job sucks. Anyone who says it doesn't is lying.

Catch is, i got my job as a C/O without campaign donations, either. Could you imagine that? I bet you couldn't.

Posted by: DEPUTY DAWG

Actually never made a campaign donation either. The job has its days when it sucks just like any other. Who was your political sponser to get on state I am sure you had one they certainly didnt conduct a nation wide search to get to you. Again arent we all on the same team?

Posted by: nirtallica

Quote:

Originally Posted by DEPUTY DAWG

There is a big difference. The difference is that Bellicheck worked at a REAL prison and not a wannabe one before trading in his CO uniform for the french and electric blue that guys like you covet.

Posted by: DEPUTY DAWG

Never had the desire to become highway patrol. Anyway who asked you? I thought Bellicheck and I were engaged in some friendly healthy banter between each other. And about the French and electric blue. I dont think the Fench are real popular nowadays anyway!

Posted by: bbelichick

Quote:

Originally Posted by DEPUTY DAWG

Actually never made a campaign donation either. The job has its days when it sucks just like any other. Who was your political sponser to get on state I am sure you had one they certainly didnt conduct a nation wide search to get to you. Again arent we all on the same team?

Nope. No sponsor, no relatives.

You're not on any team of mine. I'd give you a ride , though. You can sit in the back with all the rest as far as I'm concerned.

Quote:

Originally Posted by DEPUTY DAWG

Never had the desire to become highway patrol. Anyway who asked you? I thought Bellicheck and I were engaged in some friendly healthy banter between each other. And about the French and electric blue. I dont think the Fench are real popular nowadays anyway!

Highway patrol? That old crap. Please.

You're a joke. Tell us again how you'd rather be a jail guard than arrest bad guys for a living and make great money doing it.

Posted by: DEPUTY DAWG

Jail gaurd thats as old as highway patrol. Ive arrested my share of bad guys sure not as many as you I think but just the same. I make a decent living but when I work overtime or details I have to get out of my "personal car" and actually deal with traffic so I get tired and cant work as many as you. As far as the ride thanks but no thanks I can fit more of you guys in back of mine so I will drive.

Posted by: Wolfman

Hey deputydouche, why don't you take your tired shtick and whopping 19 posts to some teenage badge bunny board where you may find someone to impress?

And BB, stop feeding the trolls!

Posted by: DEPUTY DAWG

Not looking to impress anyone certainly not you was just responding to some of the ridiculos posts and have some fun.

Posted by: 94c

Thank God for TiVo.

I just ran out for a case of beer and some Slim Jims and didn't miss a post.

Posted by: bbelichick

Quote:

Originally Posted by DEPUTY DAWG

Jail gaurd thats as old as highway patrol. Ive arrested my share of bad guys sure not as many as you I think but just the same. I make a decent living but when I work overtime or details I have to get out of my "personal car" and actually deal with traffic so I get tired and cant work as many as you. As far as the ride thanks but no thanks I can fit more of you guys in back of mine so I will drive.

I guess not old enough for you to spell it correctly.

No, I doubt the three civil detentions you have made in your ponderous career add up to much vs most police officers.

I don't work details, so you can go somewhere else with that crap.

Ya never know about the ride. Someday, I am sure you will end up going for that ride in the backseat of a cruiser. I can sense it. It's hard to give courtesy when the jail guard is in WMS.

Posted by: DEPUTY DAWG

Ive never actually made a probate arrest all criminal. Its not hard to figure out why you guys have such a lousy reputation among law enforcement. It really doesnt matter what department your with our your function. We all have difficult and noble jobs, we all bleed the same your blood isnt any better our more important than ours when it spills. Our families all hurt the same when one of us get hurt as I am sure do yours.

Posted by: screamineagle

Quote:

Originally Posted by DEPUTY DAWG

Its not hard to figure out why you guys have such a lousy reputation among law enforcement..

please god your not talking about MSP. Bad reputation? you've got to be kidding me. MSP has an outstanding reputation in the law enforcement community.

Posted by: bbelichick

Quote:

Originally Posted by DEPUTY DAWG

Ive never actually made a probate arrest all criminal. Its not hard to figure out why you guys have such a lousy reputation among law enforcement.

Why, were you talking to someone you know in Law Enforcement?

I'll tell ya, whoever you "arrested" must be pretty pathetic. Being arrested by a police impersonator must be embarrassing.

A Deputy talking about another agencies "reputation" is chock full o' comedic value.

Posted by: Wolfman

This thread is closed.

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