1750

							Abington Special Town Meeting of June 11, 2001 ---Case #1750

Case Comment

       The town proposed a by-law amendment that requirs fines for violations of the town's
       Water Use Restriction by-law to be used "as the Board of Water Commissioners may
       direct." This is inconsistent with G.L. c. 44, § 53, which provides that “all money received
       by a city, town or district officer or department, except as otherwise provided by special
       acts and except fees provided for by statute, shall be paid by such officers or department
       upon their receipt into the city, town or district treasury." To use the fines for that
       purpose, an appropriation will be required from the Town Meeting.


                                          October 12, 2001

Patricia A. McKenna, Town Clerk
500 Gliniewicz Way
Abington, MA 02351

RE:    Abington Special Town Meeting of June 11, 2001 ---Case #1750
       Warrant Articles # 7, 8, 13, 14, & 15 (General)

Dear Ms. McKenna:

        I return the amendments to the town by-laws adopted under Articles 7, 13, 14, and 15 of the
warrant for the Abington town meeting that convened on June 11, 2001, with the approval of this
Office.

        Article 8 - I return the amendments to the town by-laws adopted under Article 8 of the
warrant for the Abington town meeting that convened on June 11, 2001, with the approval of this
Office, except as provided below.

        The amendments adopted under Article 8 delete Section 11 of the town’s Water Use
Restriction by-law, and insert an entirely new Section 11. Specifically, Section 11 of the by-law
would provide in pertinent part as follows:

       All fines shall inure to the Town for such uses as the Board of Water Commissioners may direct .

(Emphasis added.)

        We disapprove and delete the above text from Section 11 [Disapproval # 1 of 1] because it
is inconsistent with G.L. c. 44, § 53. General Laws Chapter 44, § 53, provides that "[a]ll money
received by a city, town or district officer or department, except as otherwise provided by special
acts and except fees provided for by statute, shall be paid by such officers or department upon their
receipt into the city, town or district treasury." Under Section 53, all moneys received by the town
become a part of the general fund, unless the Legislature has expressly made other provisions that
are applicable to such receipt. Illustrative of such legislative authority is




                                                   2
G.L. c. 44, § 53F ½. Section 53F ½ allows towns, upon acceptance of that section, to establish
enterprise funds for a utility, health care, recreational, or transportation facility and its operation,
as the city or town may designate, referred to as the enterprise. However, absent such general or
special law to the contrary, the fines collected become part of the town's general fund and are not
available to the Board of Water Commissioners other than as authorized by town meeting by
proper appropriation. Therefore, the fines collected cannot be used for such uses as the Board of
Water Commissioners may direct unless and until an appropriation is made giving the Board of
Water Commissioners such authority.

NOTE: We ask that you forward to us a copy of the final text of the amendments adopted under
Article 8 after making the deletions identified in this letter. It will be sufficient to send us a copy of
the by-laws as published pursuant to G.L. c. 40, § 32.

                                                           Very truly yours,

                                                           THOMAS F. REILLY
                                                           ATTORNEY GENERAL


                                                           by: Kelli E. Lawrence, Assistant Attorney General
                                                           Municipal Law Unit
                                                           436 Dwight Street
                                                           Springfield, MA 01103-1317
                                                           (413) 784-1240, x 46


enc.
pc:

Town Counsel
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