Section 53: Definitions applicable to Secs. 52 to 55

323 words·~1 min read·/ma/part-i/title-ii/chapter-7/53

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 53. As used in sections fifty-two to fifty-five, inclusive, the following words shall have the following meanings:—

''Agency'', an executive office, department, division, board, commission or other office or officer in the executive branch of the government of the commonwealth, the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Department of Transportation, the Massachusetts Port Authority and the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority.

''Business day'', any calendar day excluding Saturdays, Sundays, and legal holidays.

''Dependent'', the spouse and children of an employee if such persons would qualify for dependent status under the Internal Revenue Code or for whom a support order has been or could be granted under chapter two hundred and eight, two hundred and nine, or two hundred and nine C.

''Privatization contract'', an agreement or combination or series of agreements by which a non-governmental person or entity agrees with an agency to provide services, valued at $500,000, but as of January 1 each year, the amount shall increase to reflect increases in the consumer price index calculated by the United States Bureau of Labor Statistics for all urban consumers nationally during the most recent 12 month period for which data are available or more, which are substantially similar to and in lieu of, services theretofore provided, in whole or in part, by regular employees of an agency.

Any subsequent agreement, including any agreement resulting from a rebidding of previously privatized service, or any agreement renewing or extending a privatization contract, shall not be considered a privatization contract. A contract for information technology services shall not be considered a privatization contract if an employee organization recognized under chapter 150E, as the exclusive representative of an affected employee, as determined by the secretary of administration and finance, agrees to the terms of the contract in writing.

An agreement solely to provide legal, management consulting, planning, engineering or design services shall not be considered a privatization contract.