Code of Massachusetts Regulations 975 CMR - EMERGENCY BOARD
Here’s a detailed overview of 975 CMR – EMERGENCY BOARD (Title 975 CMR 2.00):
📘 Scope & Purpose (2.01)
These regulations authorize the Emergency Board—created under M.G.L. c. 35, § 36A and c. 44, § 8(9)—to oversee and approve emergency loan requests from counties and municipalities. (mass.gov)
📋 Quorum & Officers (2.02–2.03)
Quorum: Two Board members are required to constitute a quorum. (mass.gov)
Leadership: The Board elects a Chair and Vice‑Chair annually, with terms beginning July 1. (mass.gov)
📂 Document Filing (2.04)
All submissions must be made to the Executive Secretary (appointed by the Board) using one original and four copies, unless otherwise specified. (mass.gov)
💰 Emergency Loan Approval (2.05)
Applications must be submitted in writing, certified by the appropriate local government representative (e.g., county commissioners or selectmen).
Forms must specify loan amount, term, and detailed justification, including supporting documents and proof of trustee approvals where applicable.
Crucially, requests must be filed within 20 days of when the emergency was or reasonably could have been identified. (mass.gov)
🚨 Definition of Emergency (2.06)
An emergency is defined as an “unforeseeable, unavoidable happening requiring prompt action.” (mass.gov)
🏛 Meetings & Procedures (2.07)
Meetings may be requested by Board members or municipalities with a complete pending request.
These must conform to Massachusetts Open Meeting Law (M.G.L. c. 30A, § 11A½).
Executive Secretary handles meeting notices and minutes.
Decisions require a simple majority vote. (mass.gov)
🔁 Reconsideration (2.08)
A municipality may seek reconsideration within eight weeks of the original Board vote.
The request must include significant new facts unknown at the time of the initial hearing. (mass.gov)
⏳ Regulatory Authority
These regulations derive their authority from M.G.L. c. 35, § 36A and c. 44, § 8(9). (mass.gov)
Summary Table
| Section | Topic | Key Point |
|---|---|---|
| 2.01 | Scope | Governs Emergency Board proceedings |
| 2.02 | Quorum | Requires 2 members |
| 2.03 | Officers | Chair & Vice-Chair elected yearly (from July 1) |
| 2.04 | Filing Documents | Original + 4 copies to Executive Secretary |
| 2.05 | Emergency Loans | Detailed forms; 20-day filing after recognition |
| 2.06 | Definition | “Unforeseeable, unavoidable happening…” |
| 2.07 | Meetings & Voting | Open-meeting compliance; majority rule |
| 2.08 | Reconsideration | New facts; filed within 8 weeks |
🛠️ How This Works in Practice
A serious, unforeseen county/town issue arises.
Local officials must vote and file a detailed emergency loan request within 20 days.
The Emergency Board meets openly, reviews the paperwork, and issues a decision by majority vote.
If new information emerges, the municipality can ask for reconsideration within eight weeks.
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