SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2982

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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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 any general or special law or by-law to the contrary, there shall be in the town of Lee a department of public works and a board of public works, consisting of 5 members, serving staggered terms of 3 years, to be appointed by the select board and operating under the select board’s control. The board of public works may propose recommendations to the select board for consideration. The members of the board shall annually elect from its members a chair 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 of the vacancy, fill such vacancy for the unexpired term. No person who is a municipal employee of the town of Lee shall be eligible to serve on the board of public works.

Section 2. Upon the appointment and qualification of the members of the board of public works, the board shall have all the powers and duties vested by general or special law or town charter or 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 the abolition of any boards, departments and offices previously abolished, but the board of public works shall in all respects be the lawful successor of the boards, departments and offices so abolished.

Section 3. The board of public works shall have 1 member present for interviews related to the position of superintendent of public works who shall exercise and perform their powers, rights and duties 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, during their tenure, shall not hold elected office nor 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 of public works as often as the board may require a full report of all operations under the superintendent's control during the period reported upon; provided, however, that 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 of public works fully advised as to the needs of the town within the scope of their duties and shall furnish to the board each year, upon the board's 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 the superintendent's powers, rights and duties. The board of public works shall provide a recommendation of these purchases to the town meeting. The superintendent shall also provide the board of public works with reports on any contracts, including, but not limited to, equipment purchases, building repairs, paving and water and sewer infrastructure, requiring competitive bids pursuant to chapter 30B of the General Laws. The board of public works 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, offices or departments previously 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 rating, seniority, retirement or pension rights or any other privileges under any general or special law or by-law; provided, however, that job titles may be changed by the town administrator.

SECTION 2. This act shall take effect upon its passage.