SECTION 1. Chapter 438 of the acts of 1970, as amended by chapter 44 of the acts of 2021, is hereby further amended by striking out sections 1 to 4, inclusive, and inserting in place thereof the following 4 sections:-

Section 1. Notwithstanding the provisions of any general or special law or by-law to the contrary, there shall be established in the town of Lee a department of public works and a board of public works, hereinafter called the board, consisting of 5 members to be appointed by the select board and shall operate under the select board’s control. The board of public works may propose recommendations to the select board for consideration. Members shall be appointed to serve a term of 3 years with staggered expirations. The members of the board shall annually elect from its members a chairperson and a co-chair for the ensuing term, either of whom may call for a meeting of the board. In the case of a vacancy, the select board shall, within 30 days, fill such vacancy for the unexpired term. No person who is a municipal employee of the town of Lee shall serve on this board.

Section 2. Upon the appointment and qualification of the board of public works, the board shall have all the powers and duties, now and from time to time, vested by general or special laws, town charter or town by-laws in the water and sewer commissioners and in the cemetery board. No contracts, obligations or liabilities in force on the effective date of this act shall be affected by such abolition, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished. The board of public works shall also perform such duties as provided in the town’s by-laws.

Section 3. The board shall have 1 member present for interviews related to the position of superintendent of public works who shall exercise and perform under the supervision of the town administrator. The superintendent 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. The superintendent shall not be subject to the civil service law and rules and, during their tenure, they shall hold no office nor shall they be engaged in any other business or occupation. The superintendent shall keep full and complete records of the doings of their office and render to the board as often as it may require a full report of all operations under control of the superintendent during the period reported upon. Annually, and from time to time as required by the board, the superintendent shall make a synopsis of such reports for publication. The superintendent shall keep the board fully advised as to the needs of the town within the scope of the duties and shall furnish to the board each year upon its request a carefully prepared and detailed estimate in writing of the capital appropriations required during the next succeeding fiscal year for the proper exercise and performance of all said powers, rights and duties. The board shall provide a recommendation of these purchases to the town meeting. The superintendent shall also provide the board with reports on any contracts, including equipment purchases, building repairs, paving and water and sewer infrastructure, requiring competitive bids pursuant to chapter 30B of the General Laws. The board shall provide recommendations to the superintendent for street paving, water and sewer infrastructure and equipment purchases.

Section 4. All persons employed by or under the supervision of the boards, including offices or departments abolished by section 2 shall, upon the effective date of this act, be transferred to the town administrator without loss of pay and without change of gating, seniority, retirement or pension rights or any other privileges under any general or special law or by-law, notwithstanding that job titles may be changed in the department.

SECTION 2. This act shall take effect upon its passage