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 is hereby established in the town of Manchester a board of public works to consist of five members. The initial members thereof shall consist of the members of the existing board of public works, which was established pursuant to chapter two hundred and sixty-seven of the acts of nineteen hundred and seventy-six, and the members of the water and sewer commission which was established pursuant to chapter one hundred and sixty-five of the Special Acts of nineteen hundred and eighteen. Said members shall serve until the date on which their respective elected terms expire. When the term of any member expires, his successor shall be appointed by the board of selectmen to serve for three years, or until his successor is qualified, except that no member shall be appointed if it will result in more than five members serving on the board of public works. The members of the board of public works shall annually elect one of its members to act as chairman. No person shall serve on the board of public works who holds another elective office in the town or who is a town employee.

SECTION 2. The board of selectmen, hereinafter called the board, shall have all the powers and duties now and from time to time vested by the General Laws or special act or town by-law in the following boards, departments and offices, or in boards, departments and offices having corresponding powers and duties in the town of Manchester to wit: water and sewer commissioners, elected board of public works pursuant to chapter two hundred and sixty-seven of the acts of nineteen hundred and seventy-six, park commissioners, cemetery commissioners, tree warden, highway superintendent, and such boards, offices and departments shall be abolished. No contracts or liabilities then in force shall be affected by such abolition, the board shall in all respects be the lawful successor of the boards, departments and offices so abolished.

The board shall have such added powers with respect to public works as the town may from time to time by by-law provide, and other provisions of the law to the contrary notwithstanding.

SECTION 3. The board shall appoint a director of public works, who shall exercise and perform, under its supervision and direction, such of the powers, rights and duties transferred to it under section two as it may from time to time designate. He shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the board. His removal must be preceded by a written notice, given to him, which notice must specify the reasons for which he is to be removed, such notice to be given at least fourteen days prior to his removal. The board may suspend him from the exercise of any of the powers, rights and duties of his office during the pendency of such notice period. At his request, he shall be entitled to a public hearing on the charges brought against him.

His compensation shall be fixed in accordance with the personnel by-laws. He shall be specifically fitted by education, training, and experience to perform the duties of said office.

During his tenure he shall hold no elective office nor shall he be engaged in any other business or occupation. He shall give to the town a bond with a surety company authorized to transact business in the commonwealth as surety, for the faithful performance of his duties in such sum and upon such conditions as the board may require, and shall, subject to the approval of the board and the appropriation of funds by the town meeting, appoint such assistants, agents and employees as the exercise and performance of his powers, rights and duties may require. He shall keep full and complete records of the doings of his office and shall render to the board, as often as it may require, a full report of all operations under his control during the period reported upon; and annually, and from time to time as required by the board, he shall make a synopsis of such reports for publication. He shall keep the board fully advised as to the needs of the town within the scope of his duties and shall annually furnish to the board, no less than one hundred and twenty days prior to the annual town meeting of the town, a carefully prepared and detailed estimate in writing of the appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties.

SECTION 4. The office of town engineer is hereby abolished and the director of public works shall be responsible for furnishing to the town the engineering services heretofore furnished by the town engineer. Nothing herein shall prevent the town from providing by by-law for an additional employee to furnish such engineering services under the supervision of the director.

SECTION 5. The board may appoint a temporary acting director to serve during any vacancy of the office of director for a period of up to six months.

SECTION 6. No person employed full-time on the effective date of this act in the water, sewer, or department of public works, shall be dismissed because of the passage hereof, nor shall any employee suffer reduction in their rank or compensation, or impairment of their retirement right, or their vacation, holiday, or sick leave rights, or their civil service seniority and other rights in the position held on the effective date of this act.

SECTION 7. The members of the board of public works established under section one of this act shall advise the board of selectmen on issues related to the public works of the town of Manchester.

SECTION 8. Chapter one hundred and sixty-five of the Special Acts of nineteen hundred and eighteen is hereby repealed.

SECTION 9. Chapter two hundred and sixty-seven of the acts of nineteen hundred and seventy-six is hereby repealed.

SECTION 10. This act shall take effect upon its passage.