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Main Page Trustee swearing officers in.
(Click here to view the original thread on the MassCops Message Board)

Posted by: Badge 2

Does anyone happen to know the chapter and section of where it talks about Trustees having the power to swear in a officer?
Thank for any help..

Posted by: Kilvinsky

That, I believe would apply to the statutes concerning state and community colleges. But I could very well be wrong.

Posted by: BartA1

CHAPTER 73. STATE COLLEGES AND COMMUNITY COLLEGES

Chapter 73: Section 18. Control, movement and parking of motor vehicles

Section 18. The trustees shall make rules and regulations for the control, movement and parking of vehicles on the campus or other land of a state college and may provide reasonable penalties for the violation of said rules and regulations. The trustees may appoint as police officers persons in the employ of such college who in the enforcement of said rules and regulations and throughout the property of such college shall have the powers of police officers, except as to service of civil process. Notwithstanding any other provision of law, all fines and penalties recovered for violation of rules and regulations made under authority of this section shall be accounted for by the clerk of the court and forwarded to the trustees of the division of state colleges who shall deposit the same in the scholarship trust fund of such college for scholarship purposes.

CHAPTER 15A. PUBLIC EDUCATION

Chapter 15A: Section 22. Board of trustees of community or state colleges; powers and duties

Section 22. Each board of trustees of a community college or state college shall be responsible for establishing those policies necessary for the administrative management of personnel, staff services and the general business of the institution under its authority. Without limitation upon the generality of the foregoing, each such board shall: (a) cause to be prepared and submit to the council estimates of maintenance and capital outlay budgets for the institution under its authority; (b) establish all fees at said institution subject to guidelines established by the council. Said fees shall include fines and penalties collected pursuant to the enforcement of traffic and parking rules and regulations. Said rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process. Said fees established under the provisions of this section shall be retained by the board of trustees in a revolving fund or funds, and shall be expended as the board of the institution may direct; provided that the foregoing shall not authorize any action in contravention of the requirements of Section 1 of Article LXIII of the Amendments to the Constitution. Said fund or funds shall be subject to annual audit by the state auditor; (c) appoint, transfer, dismiss, promote and award tenure to all personnel of said institution; (d) manage and keep in repair all property, real and personal, owned or occupied by said institution; (e) seek, accept and administer for faculty research, programmatic and institutional purposes grants, gifts and trusts from private foundations, corporations, federal agencies, alumnae and other sources, which shall be administered under the provisions of section two C of chapter twenty-nine and may be disbursed at the direction of the board of trustees pursuant to its authority; (f) implement and evaluate affirmative action policies and programs; (g) establish, implement and evaluate student services and policies; (h) recommend to the council admission standards and instructional programs for said institution, including all major and degree programs provided, however, that said admission standards shall comply with the provisions of section thirty; (i) have authority to transfer funds within and among subsidiary accounts allocated to said institution by the council; (j) establish and operate programs, including summer and evening programs, in accordance with the degree authority conferred under the provisions of this chapter; (k) award degrees in fields approved by the council; either independently or in conjunction with other institutions, in accordance with actions of the boards of trustees of said other institutions and the council; (l) submit a five year master plan to the council, which plan shall be updated annually to the board of higher education according to a schedule determined by the board in consultation with the board of trustees; (m) submit financial data and other data as required by the board of higher education for the careful and responsible discharge of its purposes, functions, and duties. The data shall be reported annually to the board of higher education according to a schedule determined by the board of higher education in consultation with the board of trustees. The board of trustees shall also submit an annual institutional spending plan to the council for review, comment, and transmittal to the secretary for administration and finance, the house and senate committees on ways and means and the joint committee on education, arts and humanities. Spending plans shall be reported using a standardized format developed by the board of higher education in conjunction with the institutional boards of trustees’ in a manner to allow comparison of similar costs between the various institutions of the commonwealth. Said plan shall include an account of spending from all revenue sources including but not limited to, trust funds; (n) develop a mission statement for the institution consistent with identified missions of the system of public higher education as a whole, as well as the identified mission of the category of institution within which the institution operates. Said mission statement shall be forwarded to the council for its approval. The board of trustees shall, after its approval, make said mission statement available to the public; (o) submit an institutional self-assessment report to the council, which the board of trustees shall make public and available at the institution. Said assessment report shall be used to foster improvement at the institution by the board of trustees and shall include information relative to the institution’s progress in fulfilling its mission, as approved by the council. Said report shall be submitted annually to the board of higher education according to a schedule determined by said board in consultation with the board of trustees. (p) The board of trustees of an institution with the potential to expand its mission, profile, and orientation to a more regional or national focus may submit to the board of higher education, for its approval, a 5-year plan embracing an entrepreneurial model which leverages that potential in order to achieve higher levels of excellence pursuant to section 7.
The board of trustees of each institution may delegate to the president of such institution any of the powers and responsibilities herein enumerated.
The commonwealth shall indemnify a trustee of a community college or state college against loss by reason of the liability to pay damages to a party for any claim arising out of any official judgment, decision, or conduct of said trustee; provided, however, that said trustee has acted in good faith and without malice; and provided, further, that the defense or settlement of such claim shall have been made by the attorney general or his designee. If a final judgment or decree is entered in favor of a party other than said trustee, the clerk of the court where such judgment or decree is entered shall, within twenty-one days after the final disposition of the claim, provide said trustee with a certified copy of such judgment or entry of decree, showing the amount due from said trustee, who shall transmit the same to the comptroller who shall forthwith notify the governor; and the governor shall draw his warrant for such amount on the state treasurer, who shall pay the same from appropriations made for the purpose by the general court.

Posted by: Badge 2

Thanks Guys.

Posted by: FAPD

Quote:

Originally Posted by BartA1

CHAPTER 73. STATE COLLEGES AND COMMUNITY COLLEGES

Chapter 73: Section 18. Control, movement and parking of motor vehicles

Section 18. The trustees may appoint as police officers persons in the employ of such college who in the enforcement of said rules and regulations and throughout the property of such college shall have the powers of police officers, except as to service of civil process.

Chapter 15A: Section 22. Board of trustees of community or state colleges; powers and duties

Section 22. Each board of trustees of a community college or state college shall be responsible for Said rules and regulations shall be enforced by persons in the employ of the institution who throughout the property of the institution shall have the powers of police officers, except as to the service of civil process. .

That's the boiled down version that shows two (x2) laws that make state and community college police. Add in the new Ch90 language and thats it!

Posted by: dsm290

Quote:

Originally Posted by FAPD

That's the boiled down version that shows two (x2) laws that make state and community college police. Add in the new Ch90 language and thats it!

So then why do the State and CC's bother with SSPO? Seems to me they could fly on their own as police departments, right?

Posted by: Kilvinsky

Quote:

Originally Posted by dsm290

So then why do the State and CC's bother with SSPO? Seems to me they could fly on their own as police departments, right?

An old question that has been debated here and elsewhere throughtout the ages. If I've read correctly, some are dumping the SSPO, but why some cling to it is beyond reason.

Those of us working for private institutions have no choice, and that's fine, but those in the public sector shouldn't have this administrative extra to deal with.

Posted by: Loyal

no one doubts that a college administrator swears you in to enforce laws and school regulations on the college campus. you are a campus police officer... no one disputes that ..no need to ferret out info about it

Posted by: dsm290

Quote:

Originally Posted by Loyal

no one doubts that a college administrator swears you in to enforce laws and school regulations on the college campus. you are a campus police officer... no one disputes that ..no need to ferret out info about it

What bug crawled in your shorts? State and Community college cops enforce MGL's etc... not private institution "school regulations" And the question was a technical one, asking specific statute regarding above. Seems it fostered some good discussion. You don't need to to read these threads if they bother you in some way.

Posted by: new guy

Quote:

Originally Posted by dsm290

Community and State College cops enforce MGL's and not "institution rules and regulations?" Despite having the same legislative authority, you can't paint the duties of a state college PO with a broad brush. My take on the State System is that it's not really a system at all and each department operates quite differently. Example: The Framingham State College PD, which by all accounts is a pretty solid department, has a current vacancy and in the description of their duties, they are expected to enforce institution regulations in addition to M.G.L.'s. I know it's a bit off topic but I'm just looking to head off the possibilty of another age old debate, State -vs- Private college PD's. In my opinion it's a pointless argument because you can't paint either with a broad brush.

Posted by: mpd61

Quote:

Originally Posted by new guy

I know it's a bit off topic but I'm just looking to head off the possibilty of another age old debate, State -vs- Private college PD's. In my opinion it's a pointless argument because you can't paint either with a broad brush.

1. You just contributed to the debate

2. As pointed out by dsm290, this started out as a technical question, and in FACT, the statutory authority for State Vs. Private schools makes it quite easy to differentiate between the two. Either as "broad brush" or in a narrow context focus.

It's persons like yourself, in your rush to make ambiguous and supposedly concilatory statements, that turn the waters more translucent and convoluted. Then we get the inevitable bug who misinterprets something, gets defensive, and feels the need to throw some peripheral spice into the soup. Now we're all getting frustrated or scratching our heads and suddenly it's the State guys vs. the private guys BS that you were trying to "head off" in the first place. My goodness, The guy just asked for the statute(s) concerning Trustees appointing police officers. You and Loyal are trying to turn it into something argumentative.

On the other hand, What the hell do I know about any of this garbage?

Posted by: new guy

Quote:

Originally Posted by mpd61

On the other hand, What the hell do I know about any of this garbage?

Hey I'm not the one who belittled this topic, nor was I the one that threw in the inference about private institutions. And if I sounded a little defensive than so be it, but I stand by my opinion. As far as you're lecture about me throwing spice into the soup, I'de have to say that's a pretty good one coming from you, the master himself. I Hope everybody stays safe tonight and your respective colleges, state and private, don't go too crazy with there celebrations. GO PATS !!!!!!

Posted by: new guy

Alright it's too late to edit my previous posts but now that I've digested some of the info I just wanted to expand a bit.

MPD 61: you and I obviously have a difference of opinion on state and private college PD's, but that doesn't need to be aired out on this thread, and you are right in saying that I contributed to the debate.

dsm290: when I read your post I got a negative ( State > Private ) vibe. If I misinterpreted your post than I apologize.

Posted by: Loyal

No intention to disrespect anyone, I just like to stir the pot sometimes to generate some discussion - I'm nosey about what people think and why..
I do still want to know why the question was posed. What difference does it make ? There must be a story behind his question. And btw, why get bent out of shape by the "school regulation" enforcement comment ? Municipal police enforce ordinances as well as MGL - we don't get upset if that is mentioned..don't be so sensitive

Posted by: Deputydog522

I think he tried to get into the State College system and he couldn't so now he has a grudge!!!!!

Posted by: new guy

Quote:

Originally Posted by Deputydog522

I think he tried to get into the State College system and he couldn't so now he has a grudge!!!!!

If that's aimed at me than you're dead wrong on that one.

Posted by: Badge 2

May I just say that I am sorry that I asked this question.

I was just looking for a little knowledge, really thats it.

I knew that a lot of people on this forum would be able to answer my question but I didn't think it was cause the debate that it did.

Stay safe everyone.

Posted by: Kilvinsky

I swear, saying "the sky is blue" could cause a debate here sometimes.

"Not when it's cloudy."
"What about at night?"
"At night it's actually two toned due to the stars."
"Is the sky really blue or do we simply perceive it that way?"
"YOU'RE WRONG!"
etc. etc. etc.

Posted by: mpd61

Quote:

Originally Posted by Kilvinsky

I swear, saying "the sky is blue" could cause a debate here sometimes.

"Not when it's cloudy."
"What about at night?"
"At night it's actually two toned due to the stars."
"Is the sky really blue or do we simply perceive it that way?"
"YOU'RE WRONG!"
etc. etc. etc.

Jeezus Jim!
I think you hit the nail on the head!

Posted by: Deputydog522

ya he did.

Posted by: 94c

Quote:

Originally Posted by Kilvinsky

NO!!!!!!! The damn sky is always blue. Doesn't matter what you see or how you see it.

There may be contrasts with the weather and how many beers you been drinking but, IT IS BLUE!!!!!

Posted by: Kilvinsky

94C, I won't argue with you! Now, if only I could have a few beers and maybe have a second opinion. LMAO

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