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 Weston a department of public works, hereinafter called the department, which shall be under the supervision and control of a director of operations, hereinafter called the director. Said department shall be charged with the responsibility for the management of public works operations of said town including, but not limited to, the following: highways, water supply, storm drains, solid waste and recycling, maintenance of cemeteries, parks, public memorials and commons, engineering services, maintenance of vehicles and equipment and other operations and functions as may be deemed necessary or desirable. Said department shall perform such functions and responsibilities as required by by-law or at the direction of the board of selectmen.

SECTION 2. The board of selectmen shall appoint a director of operations who shall be especially fitted by education, training and experience to perform the duties of said office. Said director may appoint and remove such employees as the exercise and performance of his powers, rights and duties may require, subject to available appropriations and subject to the approval of said board of selectmen. The term of office of the director shall be determined by the board of selectmen and said director shall serve at the pleasure of said board and shall not be subject to the provisions of section nine A of chapter thirty of the General Laws or chapter thirty-one of the General Laws. Said director shall hold no elective office during his tenure nor shall he engage in any other business or occupation. The board of selectmen may remove the director when, in its judgment, the public interest so requires and shall fix the compensation of the director, subject to available appropriations.

SECTION 3. The board of selectmen shall assume the powers and duties as hereinafter provided and shall, unless otherwise provided by this act, have the authority to establish goals and objectives for and to make all policy decisions related to the operation of the department of public works.

SECTION 4. With the exception of those powers and duties specifically granted to the public works committee pursuant to section seven, the board of selectmen shall have all the powers and duties now and from time to time vested by general or special law or town by-laws in the following commissions: water commission and park and cemetery commission, which commissions are hereby abolished in said town.

No contracts or liabilities in force on the effective date of this act shall be affected, but the board of selectmen shall in all respects be the lawful successor of the commissions so abolished.

The board of selectmen shall have jurisdiction over all solid waste or recycling facilities in the town of Weston and shall have such additional powers with respect to public works as the town from time to time may by by-law provide.

SECTION 5. The director of operations 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; 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; investigation of shared or cooperative service arrangements with other jurisdictions and such other responsibilities as may be assigned by the board of selectmen. The director shall give 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 of selectmen shall require. The director shall render to the board of selectmen, as often as said board may require, a full report of all operations under his control during the period reported upon and, from time to time as required by said board, shall make a synopsis of such reports for publication and 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 a carefully prepared and detailed estimate, in writing, of the appropriations required during the next fiscal year for the proper exercise and performance of his duties.

SECTION 6. (a) The department of public works shall become operational upon the appointment and qualification of a director of operations of the department of public works.

(b) When said department is operational as provided for in paragraph (a), the staff and employees of the following offices and departments shall be assigned to the department of public works: town engineer, highway department, park and cemetery department, solid waste and recycling department and water department. Every employee so assigned shall continue to serve and shall retain all rights to holidays, sick leave, vacations and other benefits in effect on the effective date of this act, and shall be retained in a capacity as similar to the person's former capacity as is practical.

(c) All records, offices, property, equipment and facilities of the highway department, solid waste and recycling department, water department and park and cemetery department shall be transferred to the care, custody and control of the department of public works when said department is operational as provided for in paragraph (a).

SECTION 7. The board of selectmen shall establish and appoint a public works committee. Said committee shall consist of not more than seven nor fewer than five members, for such term as said selectmen may determine. The committee shall be responsible for development of goals and long term plans for the town's water supply and parks and cemeteries and shall fix fees, user charges or rates associated with delivery of water services and for the provision of cemetery services, including charges for cemetery lots and for perpetual care. The committee shall be responsible for the adoption of rules and regulations with respect to the provision of water supply and cemetery services. Said committee shall have the authority to authorize and approve expenditures from trust funds for park and cemetery purposes and to delegate to the director of operations authority to execute deeds for lots in the cemeteries of the town. At the request of the board of selectmen said committee shall advise the selectmen concerning policies and operations of the department of public works.

SECTION 8. All special acts, by-laws, rules and regulations which are in force on the effective date of this act that are not inconsistent with the provisions of this act shall continue in full force until amended or repealed. If any provision of this act conflicts with any provision of any special act, by-law, rule or regulation of the town, the provisions of this act shall govern.

SECTION 9. This act shall take effect upon its passage.