Bill H.4128

HOUSE DOCKET, NO. 4288 FILED ON: 5/16/2014

HOUSE . . . . . . . . . . . . . . . No. 4128

By Mr. Straus of Mattapoisett, a petition (accompanied by bill, House, No. 4128) of William M. Straus (by vote of the town) that the town of Fairhaven be authorized to restructure the board of public works of said town. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Fourteen

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An Act relative to the board of public works in the town of Fairhaven.

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 Fairhaven, a Board of Public Works, hereinafter called the Board, consisting of five members elected at large. Upon the expiration of the term of any member, his successor shall be elected at an annual Town election to serve for a term of three years. In all cases the members of the Board shall serve until their successors are qualified. The members of the Board shall, after annual Town Election, elect from among its members a chairperson and a clerk for the ensuing year. In the case of a vacancy, the Board of Selectmen shall, within thirty days, fill such vacancy until the next annual Town Election, when a member shall be elected to fill an unexpired term resulting from such vacancy. No person shall serve on the Board who holds an elected or appointed office in said Town other than Town Meeting member and no employee of the Town shall serve on the Board.

SECTION 2. The Town Administrator shall have all those powers and duties which, previous to the effective date of this act, were vested in the Board of Public Works, and such powers and duties as have been, or may from time to time be, vested by general or special laws, Town charter or Town by-laws in the following boards, departments and offices having corresponding powers and duties in the Town of Fairhaven, to wit: Highway Department, Water and Sewer Commissioners, Park Commissioners, Cemetery Commissioners, Refuse and Garbage Collection, and with respect to construction and maintenance only, the Town landfill, notwithstanding that such boards, offices and departments have been abolished. No contracts or liabilities in force on the effective date of this act shall be affected by such abolition, but the Town Administrator shall in all respects be the lawful successor of the Board of Public Works.

The Town Administrator shall have such additional powers with respect to the furnishing of engineering services, the maintenance and repair of Town buildings and property, and the performance of such duties of any other boards, departments and offices of the town as may be reasonably related to the duties and responsibilities of a Board of Public Works, as the Town may, from time to time, by by-law provide, and other provisions of law to the contrary notwithstanding.

SECTION 3. The Town Administrator, subject to review and approval by the Board of Selectmen, shall appoint and fix the compensation of a Superintendent of Public Works who shall exercise and perform, under the supervision and direction of the Town Administrator, such powers, rights and duties transferred to him under sections two and three as the Town Administrator 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 Town Administrator, with the review and approval of the Board of Selectmen, and he shall not be subject to any provisions of chapter thirty-one of the General Laws. He shall be specially fitted by education, training and experience to perform the duties of said office, and need not be a resident of the town. 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 Town Administration may require, and shall, subject to the approval of the Town Administrator, appoint and may remove 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 render to the Town Administrator as often as the Town Administrator 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 Town Administrator, he shall make a synopsis of such reports for publication. He shall keep the Town Administrator fully advised as to the needs of the town within the scope of his duties, and shall furnish to the Town Administrator each year upon his request 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. In the performance of his duties hereunder the Town Administrator shall consult with the Board on such proposed actions as he deems appropriate and, except in the case of an emergency, he shall submit a written proposal to the Board at least fourteen days in advance, for its review and comments, on the following proposed actions:

•Contract for engineering or other design services

•Contract for Public Works or public building

•Hiring or removal of the superintendent or of an assistant superintendent

•Contract for goods or services in excess of $100,000

The Superintendent of Public Works and Town Administrator shall consult with the Board of Public Works for the purposes of receiving advice and assistance in the preparation of the department budget and in developing policy guidelines for the operation of the Department of Public Works, and the Board of Public Works shall perform such other advisory functions related to the department of Public Works as the Town Administrator or Superintendent may request. In addition to the foregoing duties, the Board shall serve as a citizen advocacy board. The Board shall hold regularly scheduled public meetings to hear requests for assistance and information from the public, and the Board shall advice the Town Administrator, Superintendent or Board of Selectmen, as appropriate, as to the resolution of such requests in a timely manner.

SECTION 5. A reference to the Board of Public Works for the Town of Fairhaven in the provisions of any collective bargaining agreement relating to an appeal, review or hearing in any grievance, disciplinary or similar process shall be deemed to refer to the Board of Selectmen for the Town of Fairhaven, and any other reference to the Board of Public Works for the Town of Fairhaven, in the provisions of any such collective bargaining agreement shall be deemed to refer to the Town Administrator.

SECTION 6. This act shall be submitted to the registered voters of the Town of Fairhaven at any Annual or Special Town Election, and shall take effect upon its acceptance by a majority of the voters voting thereon. The vote shall be taken in precincts by ballot in accordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the question, which shall be placed, in case of a special election, upon the ballot to be used for the election of Town officers: “Shall an act passed by the General Court in the year _____, entitled “___________”, be accepted by this Town?”

SECTION 7. If this act is rejected by the registered voters of the Town of Fairhaven when submitted to said voters under section six, it may again be submitted for acceptance in like manner from time to time to such voters at any Annual Town Election in said Town within three years thereafter, but not more than three times in the aggregate.

Name:	District/Address:	Date Added:
William M. Straus	10th Bristol	5/16/2014