Bill S.2826

SENATE DOCKET, NO. 3006 FILED ON: 7/13/2020

SENATE . . . . . . . . . . . . . . No. 2826

By Ms. Lovely, a petition (accompanied by bill, Senate, No. 2826) of Joan B. Lovely and Bradford Hill (by vote of the town) for legislation relative to the reorganization of the water, highway and park/cemetery departments and commissioners in the town of Topsfield. Municipalities and Regional Government. [Local Approval Received.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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An Act relative to the reorganization of the water, highway and park/cemetery departments and commissioners in the town of Topsfield.

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. Notwithstanding any general or special law to the contrary, there shall be a highway department, a park and cemetery department and a water department in the town of Topsfield to be under the general supervision and control of the town administrator, which town administrator shall have and exercise all of the authority with respect to the departments as provided herein, and such other authority generally as the town may grant from time by by-law. Provided, further, that the town administrator may, following notification to the Board of Selectmen, consolidate or organize the park and cemetery departmental operations with those of the highway department to provide for operational efficiencies.

SECTION 2. (a) The highway department shall have all the powers and duties that are vested by the General Laws, town by-laws or special acts in the following boards, departments and offices or those having corresponding powers and duties in the town of Topsfield: road commissioners, surveyors of highways, and superintendent of streets, which offices shall hereby be abolished and the terms of any incumbents terminated. There shall be a highway superintendent, appointed by the town administrator, who shall serve as the highway department head.

(b) The park and cemetery department shall have all the powers and duties that are vested by the General Laws, town by-laws or special acts in the following boards, departments and offices or those having corresponding powers and duties in the town of Topsfield: park commissioners, cemetery commissioners, and moth superintendent, which offices shall hereby be abolished and the terms of any incumbents terminated. There shall be a park and cemetery superintendent appointed by the town administrator, who shall serve as the park and cemetery department head.

(c) The water department shall have all the powers and duties that are vested by the General Laws, town by-laws or special acts in the following boards, departments and offices or those having corresponding powers and duties in the town of Topsfield: water commissioners, which office shall hereby be abolished and the terms of any incumbents terminated. There shall be a water superintendent, appointed by the town administrator, who shall serve as the water department head. Notwithstanding any other provision of this act to the contrary, the board of selectmen shall be authorized to set water rates, provided, however, that such rates shall be set only after receiving a recommendation from the water superintendent.

SECTION 3. During their tenure with the town, the department heads created under section 2 of this act shall not hold elective office nor engage in a business or occupation relating to matters within the jurisdiction of their respective departments unless approved in advance by the board of selectmen. Nothing in this section shall prevent the department heads from serving on committees in order to represent the town and their respective departments.

The town administrator may enter into an employment agreement with each department head created under section 2 of this act to provide for the salary, fringe benefits and other conditions of employment.

SECTION 4. (a) The incumbent members of the board of road commissioners, holding office as of the effective date of this act, shall constitute an advisory committee to the town administrator on the matters on which it is consulted falling with the jurisdiction of the highway department. The members of said advisory committee may serve for a period equivalent to the remainder of their elected term or their sooner vacating of the position; appointments to such advisory board may be made from time to time at the discretion of the board of selectmen.

(b) The incumbent members of the park and cemetery commission, holding office as of the effective date of this act, shall constitute an advisory committee to the town administrator, on the matters on which it is consulted falling with the jurisdiction of the park and cemetery department. The members of said advisory committee may serve for a period equivalent to the remainder of their elected term or their sooner vacating of the position; appointments to such advisory board may be made from time to time at the discretion of the board of selectmen.

(c) The incumbent members of the water commission, holding office as of the effective date of this act, shall constitute an advisory committee to the town administrator, on the matters on which it is consulted falling with the jurisdiction of the water department. The members of said advisory committee may serve for a period equivalent to the remainder of their elected term or their sooner vacating of the position; appointments to such advisory board may be made from time to time at the discretion of the board of selectmen.

(d) All records, property and equipment of any office, department or agency or part of any office, department or agency whose powers and duties were assigned by this act to the highway department, park and cemetery department or water department shall be transferred immediately as so provided. All official bonds, obligations, contracts and other instruments entered into or executed by or on behalf of the town prior to the effective date of this act and all taxes, assessments, fines, penalties and forfeitures incurred or imposed, due or owing to the town shall be enforced and collected, shall continue without abatement and shall remain unaffected by this act. No contracts or liabilities in force on the effective date of this act shall be affected by this act or the abolition of any offices under this act.

(e) The highway department, park and cemetery department, and water department, for matters under each department’s respective jurisdiction, shall be the lawful successor of the respective offices and departments abolished, consolidated or otherwise modified pursuant to this act. No person in the regular permanent full-time or part-time service or employment of the town in relation to the functions addressed in this act shall forfeit the rate of compensation, grade, step or time of service because there shall be a highway department, a park and cemetery department and a water department in the town of Topsfield to be under the general supervision and control of the town administrator. Each such person shall be retained in a capacity as similar as may be practicable to the person's former capacity. No collective bargaining agreement, contract or liability in force on the effective date of this act shall be affected by this act.

SECTION 5. This act shall take effect on January 1, 2021.

Name:	District/Address:
Joan B. Lovely	Second Essex
Bradford Hill	4th Essex