Definitions And Applicability

815 CMR 5.00 is applicable to the payment of settlements and judgments for claims against the Commonwealth and its agencies. For the purposes of 815 CMR 5.00, these terms are defined as follows: Agency - Any agency, department, office, commission, committee, council, board, division, bureau, institution (including institutions of higher education), office or section within any executive or legislative department of the Commonwealth. Authorities established by statute such as the Massachusetts Bay Transportation Authority, the Massachusetts Turnpike Authority, the Massachusetts Water Resources Authority, the Massachusetts Port Authority and local housing authorities are not included within the definition of agency. Claim - Any demand by any person for damages to compensate an injury or wrong allegedly suffered, including but not limited to personal injury, violation of civil rights, breach of contract, failure to comply with contract bidding laws, incorrect or improper personnel determinations regarding pay, promotion or discipline, failure to comply with statutory or constitutional provisions applicable to employment, and eminent domain taking damages, including any attorney's fees and interest associated with these claims. Judgment - Any final, unappealable order of any court or any administrative body authorized by statute to review or adjudicate claims against the Commonwealth and its agencies. Legally Available Funds (a) Legally available funds include monies appropriated either specifically for the payment of settlements and judgments or authorized for the payment of certain contractual expenditures; 5.02: continued (b) Legally available funds do not include any funds not specifically authorized by 815 CMR 5.00 for use in the payment of judgments and settlements, including any legislatively authorized "special funds" and trust funds as defined in M.G.L. c. 29, § 1. Such special funds and trust funds must be used solely to further their statutorily authorized goals. Agencies shall not interpret those goals to include the payment of judgments and settlements arising from claims related to those goals, unless such payments are specifically authorized for the funds. Settlement - Any agreement to pay a claim covered by 815 CMR 5.00 entered into by an official duly authorized to bind the Commonwealth or an agency in payment of a claim, whether the agreement settles the claim prior to or after the institution of litigation. Tort Claims Administrator - The person designated by the Secretary of Administration and Finance to administer the duties and responsibilities outlined in 815 CMR 5.00.