HOUSE DOCKET, NO. 4083        FILED ON: 6/21/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3786

The Commonwealth of Massachusetts

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PRESENTED BY:

Daniel Cahill

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act amending the act establishing a Department of Inspectional Services in the city of Lynn.

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PETITION OF:

HOUSE DOCKET, NO. 4083        FILED ON: 6/21/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3786

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act amending the act establishing a Department of Inspectional Services in the city of Lynn.

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. Paragraph (2) of subsection (d) of section 5 of chapter 378 of the acts of 2014 is hereby amended by striking out the fourth sentence.

SECTION 2. Paragraph (3) of said subsection (d) of said section 5 of said chapter 378 is hereby amended by inserting after the word “facilities”, in line 2, the following words :- , except school buildings,

SECTION 3. Said paragraph (3) of subsection (d) of said section 5 of said chapter 378 is hereby further amended by adding the following sentence:-

:- The facility division shall be responsible for extraordinary maintenance and capital repairs for school buildings.

SECTION 4. Said subsection (d) of said section 5 of said chapter 378 is hereby further amended by inserting after paragraph (3) the following paragraph:-

(3¼) The school department in the city of Lynn shall be responsible for the custodial, ordinary maintenance and ground services for the school buildings in the city. There shall be a supervisor of school custodial, maintenance and ground services in the school department who shall oversee the custodians and maintenance personnel assigned to public school buildings. The supervisor shall be appointed by the superintendent of schools and may be removed for cause; provided, however, that the supervisor shall be provided written notice of the intent to remove, including a statement of the reason for the removal, and the supervisor may contest such removal at a public hearing. The supervisor shall be a public employee under chapter 150E of the General Laws.

The  supervisor of school custodial, maintenance and ground services may be an existing employee of the city of Lynn; provided, that the employee may hold the position of supervisor of school custodial, maintenance and ground services and another municipal position simultaneously.  If the superintendent appoints an existing employee of the city as supervisor of school custodial, maintenance and ground services, the school committee shall establish additional compensation for the employee; provided,  however, that the compensation shall not be less than an  amount equal to $15,000 more than the base wage of the employee.  In establishing the additional compensation, the school department shall consider the  employee’s additional duties related to reporting to the school department. 

The supervisor of school custodial, maintenance and ground services shall be preferred to have as minimum qualifications a bachelor of science degree in facility management, architecture or engineering or 5 years of similar experience in municipal facility management.

There shall be 2 assistant supervisors of school custodial, maintenance and ground services in the school department who shall report to the supervisor of school custodial, maintenance and ground services and shall assist the supervisor in overseeing the custodians and maintenance personnel assigned to public school buildings. The 2 assistant supervisors of custodians and maintenance employed by the Inspectional Services Department on the effective date of this act shall be transferred to the school department as an assistant supervisor of school custodial, maintenance and ground services at their existing compensation, with no loss of pay or benefits during their tenure. An assistant supervisor of school custodial, maintenance and ground services hired after the effective date of this act shall be appointed by the superintendent of schools, and may be removed for cause; provided, however, that the assistant supervisor shall be provided written notice of the intent to remove, including a statement of the reason for the removal, and the assistant supervisor may contest such removal at a public hearing. The assistant supervisor shall be a public employee under chapter 150E of the General Laws. 

A hiring committee shall be responsible for the hiring of custodians and maintenance personnel assigned to public school buildings by a majority approval. The hiring committee shall be composed of the superintendent of schools, the mayor of the city of Lynn or a designee, a member of the school committee who is elected by the school committee, the chief of the department of inspectional services and the director of building and grounds. The hiring committee shall give preference in hiring to a current or former employee of the city of Lynn over a person who is not a current or former employee of the city.

SECTION 5. Nothing in this act shall affect an existing collective bargaining agreement or the civil service status or seniority rights of an employee of the department of inspectional services.