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 Westwood a department of public works. Said department shall be charged with responsibility for the management of public works operations of the town including, but not limited to, the following: highways; sewers; storm drains; solid waste and recycling activities; maintenance of cemeteries, parks, athletic fields and playground, public grounds, open space, public memorials, commons; engineering services; building maintenance of all town buildings, except those of the school department; maintenance of vehicles and equipment; and other operations, and functions as may be deemed necessary or desirable. Said department shall also perform such functions and responsibilities as required by by-law, vote of the town meeting or direction of the board of selectmen.

SECTION 2. The board of selectmen shall appoint a director of public works and all employees of the department. The director shall be especially fitted by education, training and experience to perform the duties of the office and shall have such other qualifications as the board of selectmen may from time to time provide. While employed by the town of Westwood, said director shall hold no other elective or appointive office nor engage in another business or occupation.

SECTION 3. The director of the department of public works shall be responsible for the management of all the operations placed under the direction of the department in accordance with section one. The powers, duties and responsibilities of said director shall include, but not be limited to, the following: supervision of the daily operations of the department of public works; supervision of all employees assigned to the department of public works; the coordination of public works functions of other town agencies and departments; supervision of engineering services of the town; development of departmental plans, work programs, and projects; coordination of maintenance and other activities with the school department; control of all records, property, facilities, offices, and vehicles assigned to the department; organization of the department and assignment of personnel; investigation of innovative approaches to the delivery of public works services; the investigation of developing shared or cooperative service arrangements with other jurisdictions and such other responsibilities as assigned by the board of selectmen.

Said director after consultation with town financial officials, shall annually review the operational costs of the sewer system and provide a report to the board of sewer commissioners detailing the full cost of operating the sewer system.

Said director shall coordinate buildings and grounds maintenance activities with boards, commissions and departments as necessary. Said director may, subject to the approval of the board of selectmen, delegate some or all maintenance functions to a department, board or commission for which the department provides services if the director believes such a delegation is in the best interest of the town.

SECTION 4. Unless otherwise provided by this act, the board of selectmen shall have the power to establish goals and objectives and to make all policy decisions related to the operation of the department of public works. The board of sewer commissioners shall be responsible for the development of general goals and long term plans for the town's sewer system and the adoption of fees, user charges or rates associated with the delivery of sewer services. Any fees, user charges, or rates established shall provide the recovery of the full cost of operating the sewer system. The board of sewer commissioners shall also provide advice and recommendations to the town meeting, board of selectmen and the director.

SECTION 5. (a) The department of public works shall become operational upon the appointment of a director of the department of public works.

(b) As soon as practical, the board of selectmen shall initiate a recruitment and selection process for the position of director of the department of public works. The board of selectmen shall appoint a screening committee of not more than seven members, provided that at least one member shall be an incumbent member of the board of sewer commissioners and one member shall be an incumbent member of the board of cemetery commissioners. The committee shall establish detailed qualifications for the position of director of the department of public works and seek candidates for the position through advertisements in professional journals and other recruitment sources. Within a reasonable period of time after appointment the committee shall report to the board of selectmen and recommend candidates for consideration.

(c) Employees of the highway department, sewer department, maintenance and custodial personnel assigned to maintain town facilities, except for employees of the school department, shall be assigned to the department of public works when said department is operational as provided for in paragraph (a).

(d) All records, offices, property, equipment, and facilities of the highway department and sewer department shall be transferred to the department of public works when said department is operational as provided for in paragraph (a).

(e) The town shall continue to maintain the sewer enterprise fund.

SECTION 6. Section 3 of chapter 4 of the charter of the town of Westwood, which is on file in the office of the archivist of the commonwealth, as provided in section twelve of chapter forty-three B of the General Laws, is hereby amended by striking out paragraph 4-3-2 and inserting in place thereof the following paragraph:-

The board of sewer commissioners shall be responsible for the development of general goals and long term plans for the town's sewer system and shall also establish the fees, user charges or rates necessary to fully fund the sewer system operations.

Section 7. All home rule charter provisions, special laws, special acts, bylaws, rules and regulations which are in force at the time this act becomes effective that are not inconsistent with the provisions of this act shall continue in full force until amended or repealed. Where provisions of this act conflict with provisions of the Westwood home rule charter, special laws, special acts, bylaws, rules and regulations the provisions of this act shall govern. All provisions of the Westwood home rule charter, special laws, special acts, bylaws, rules and regulations not superseded by this act shall remain in force.

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