Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
Chapter 456 of the acts of 1965 is hereby amended by striking out sections 1 to 9, inclusive, and inserting in place thereof the following nine sections:-
Section 1. Notwithstanding the provisions of any general or special law or any ordinance to the contrary, there shall be established in the city of Lynn a department of public works, parks and cemetery, hereinafter called the department, which shall be under the direction and control of the commissioner of public works, parks and cemetery, hereinafter called the commissioner.
Section 2. Upon acceptance of this act, the department shall have all the duties, responsibilities, powers and functions now or from time to time vested by general or special law or any ordinance in the following departments which shall be and are hereby merged to wit: department of public works, park department and cemetery department, except for the board of park commissioners and board of cemetery commissioners. Said boards shall retain all duties, responsibilities, powers and functions now or from time to time vested by general or special law, or ordinance. The board of park commissioners shall serve in an advisory capacity to the commissioner on matters of policy and administration regarding parks in the city of Lynn. The board of cemetery commissioners shall have full charge and supervision of all cemeteries owned or controlled by the city; and, it shall retain control and supervision of all trust funds granted or to be granted to it for the specified purposes. No contracts, obligations or liabilities in force on the date when this act becomes fully effective shall be affected hereby, but the department shall in all respects be the lawful successor of the departments so merged.
Section 3. The commissioner with the approval of the mayor and city council, sitting as a body, may from time to time establish such divisions within the department as he shall deem necessary. Each such division shall assume such management and control as shall be determined by the commissioner. All the salaries of the personnel shall be set within the wage scales established by ordinance by the city council, or by collective bargaining agreements, pursuant to chapter one hundred and fifty E of the General Laws, notwithstanding the provisions of any general or special law to the contrary. The existing appointing authority, in concurrence with the personnel director, shall appoint all employees of the department in accordance with the provisions of chapter thirty-one of the General Laws excepting the first associate commissioner and second associate commissioner as the mayor may determine, who shall not be subject to the provisions of said chapter thirty-one; and who, notwithstanding any general or special law to the contrary, shall be appointed by the mayor, subject to the approval of the city council.
Section 4. The commissioner shall be appointed by the mayor, subject to the approval of the city council, for a term of three years. The commissioner shall be a person especially fitted by education, training and experience, to perform the duties of the office.
There shall be a first associate commissioner and a second associate commissioner, as the mayor may determine, subject to the approval of the city council, appointed for terms of three years each, so arranged so that the terms of office of the two associate commissioners, and the term of the commissioner all expire in different years.
The commissioner and associate commissioners need not be residents of the city of Lynn when appointed, but within six months following such appointment shall establish such residence, or the position shall be deemed to be vacant. The commissioner and associate commissioners shall not be subject to the provisions of chapter thirty-one of the General Laws. During the term of office, the commissioner and associate commissioners shall not hold any other elective office, nor shall the commissioner or associate commissioner engage in any other business or occupation. Before entering upon their duties, the commissioner and associate commissioners shall be sworn to the faithful and impartial performance thereof by the city clerk. The commissioner and associate commissioners shall execute bonds in favor of said city for the faithful performance of said duties in such sum and with such surety as may be fixed or approved by the city council.
Section 5. All persons employed by or under the supervision of the departments merged by section two shall, upon the acceptance of this act, be transferred to the department without loss of pay and without change of rating, seniority, retirement or pension rights, or any other privileges under any provisions of law or ordinance, notwithstanding that job titles may be changed in the department subject, however, to the approval of the director of civil service and in accordance with chapter one hundred and fifty E of the General Laws.
Section 6. The mayor with the approval of the city council, or the city council by a two-thirds vote of all of its members, may remove the commissioner or the associate commissioners for cause before their terms of office expire subject to the applicable charter provisions granting a hearing. At least fifteen days before such proposed removal shall become effective, there shall be filed with the city clerk a preliminary written resolution setting forth in detail the reason for the proposed removal and a copy of said resolution shall be served upon the person to be removed.
Section 7. The commissioner may, by letter filed with the city clerk, designate a qualified member of the department or other city official to perform his duties during his temporary absence or disability. In the event of the failure of the commissioner to make such designation, the mayor with the approval of the city council may so designate such person to perform the duties of the commissioner until his return or his disability shall cease.
Section 8. In order to carry out the provision of this act, the city council is hereby authorized to enact such ordinances as may be necessary to further the organization of the department.
Section 9. This act shall take effect upon its acceptance by the city of Lynn.