Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There shall be established in the town of South Hadley a department of public works, hereinafter called the department, which shall be under the jurisdiction of the board of selectmen.

SECTION 2. The board of selectmen of said town shall have and exercise all the powers, rights and duties now or from time to time vested by any general or special law in the park and recreation commission; the highway department; the office of town engineer and the wastewater treatment plant.

In addition, said board is hereby authorized and directed to assume all powers, rights, duties and liabilities with respect to the collection and disposal of garbage in said town.

No contracts or liabilities in force on the effective date of this act shall be affected hereby, but the board shall be deemed the lawful successor of the aforesaid departments, commissions, boards and offices relative to such contracts or liabilities. It shall be the duty of such aforesaid departments, commissions, and offices to turn over to the board of selectmen all contracts, papers, documents, plans and property in their custody and control, and each shall furnish to the board of selectmen such information as may be requested by the board of selectmen.

In addition the board of selectmen shall be responsible for the repair, alteration, and maintenance of town public buildings now under the jurisdiction of the board of selectmen and those formerly under the parks and playground commission; for the repair and maintenance of all town-owned equipment, property and vehicles under the jurisdiction of the board of selectmen and those formerly under the parks and playground commission; for the central purchasing of all public works related supplies, materials and equipment; and for the awarding of all contracts for the repair, alteration, remodeling, construction, reconstruction, maintenance or renovation of all town public ways, grounds, properties or equipment now placed under the jurisdiction of the board of selectmen.

SECTION 3. The board of selectmen shall appoint, and may remove, a superintendent of public works, who shall be responsible to said board. Pending the appointment of a superintendent, said board may appoint an acting superintendent. The compensation of the superintendent or acting superintendent shall be fixed by said board, subject to appropriations therefor.

No member of the board of selectmen shall be eligible for appointment as superintendent. During his tenure, the superintendent shall hold no elective or other appointive office, nor shall he engage in any other business or occupation.

The superintendent shall have full authority to carry out the policies of the board of selectmen, and shall be responsible for the efficient exercise and performance of the powers, rights and duties vested in said board.

The superintendent shall be specially fitted by education, training and experience to perform the duties of such office, and need not be a resident of the town when appointed. He shall be a graduate engineer with a recognized engineering degree. Before entering upon the duties of his office, he shall be sworn to the faithful and impartial performance thereof.

The board of selectmen by a majority vote may at any time remove the superintendent for cause after a hearing or an opportunity therefor, provided a written statement setting forth specific reasons for such removal is filed with the town clerk and a copy thereof delivered to or sent by registered mail to said superintendent at least five days before the date of said proposed hearing. The action of said board shall be final.

SECTION 4. The superintendent of public works shall, subject to applicable civil service and collective bargaining agreements, appoint and may suspend or remove, division heads, assistants, clerks, employees and laborers as he deems necessary. All such appointments, suspensions and removals shall require the approval of the board of selectmen.

The superintendent shall keep full and complete records of the doings of his office and render to the board of selectmen regular and full reports of all operations under his control during the period reported upon; and annually shall prepare a synopsis of such reports for publication in the town report. He shall keep said board fully advised as to the needs of the town within the scope of his duties, and shall annually furnish to said board not later than the first day of January of each year detailed estimates in writing of the appropriation required during the next ensuing fiscal year for the proper exercise and performance of all said powers, rights and duties. Each budget request shall be in such detail and in such format as may be required by said board or suggested by the finance committee.

SECTION 5. The position of town engineer shall be made subordinate to the superintendent of the department of public works. The town engineer's primary responsibilities shall be to provide engineering work for said department, but he shall assist other town departments, commissions and offices, including the planning board, as time and resources permit. The provisions of chapter three hundred and eighty-two of the acts of nineteen hundred and sixty-nine are made inapplicable, insofar as they conflict with provisions of this act.

SECTION 6. The position of superintendent of parks and recreation shall be abolished.

SECTION 7. The first paragraph of section 3 of chapter 45 of the acts of 1933 is hereby amended by striking out, in lines 12 and 13, the words ", the chairman of the park commissioners".

SECTION 8. This act shall take effect upon its passage.