760 Mass. Reg. 4.04

Current through Register 1523, June 7, 2024
Section 4.04 - Funding and Hiring for LHA Employee Positions
(1) In approving the recommended candidates, salaries and wages in an LHA's budget, the Department shall determine that all of the following conditions have been met:
(a) In selecting its employees the LHA has followed all applicable hiring procedures (in the case of the executive director, the Department's guidelines regarding hiring and salaries and any other related guidance) which shall have been approved by the Department and has complied with the LHA's personnel policy and any other applicable legal requisites.
(b) Each employee meets the minimum qualifications for his or her position set forth in the LHA's job description and in the advertisement for the position.
(c) At the time of hire, Criminal Offender Record Information (CORI) discloses no dispositions of criminal matters reflecting the potential employee's dishonesty, untrustworthiness, unreliability or unsuitability to perform the duties of the position or reflecting activity, which if repeated by an employee, would endanger the safety or security of tenants, household members, employees, or guests or the security of their property or the property of the LHA.
(d) Pursuant to M.G.L. c. 121B, § 7A, the Department shall establish guidelines setting standards for employment agreements to be executed by each LHA and its executive director. The Department may review all contracts between LHAs and executive directors and all terms for payments or monetary remuneration relevant to state payments, and shall review all such contracts and terms for payments or monetary remuneration worth more than $100,000 per annum. The Department may strike contract provisions that do not conform to the guidelines.
(2) In the event an LHA shall lack sufficient revenues to meet its expenditures in its operating budget(s) approved by the Department for state programs, the Department shall fund the deficit as provided by law. The total expenditures for salaries and wages shall not exceed the amount in the approved budget for salaries and wages without the approval of the Department.

760 CMR 4.04

Amended by Mass Register Issue 1336, eff. 4/7/2017.