Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. There is hereby established in the town of Great Barrington a department of public works, which shall be under the jurisdiction of the board of selectmen.
SECTION 2. The board of selectmen of said town shall have and exercise all the powers and duties now or from time to time vested by any general or special law or town by-law in the highway department, sewer department, cemetery department, parks department and the office of tree warden and such departments and offices are hereby abolished. No contracts or liabilities in force on the effective date of this act shall be affected, but the board of selectmen shall in all respects be the lawful successor of the departments and offices so abolished. All employees of those departments shall immediately upon the effective date of this act be transferred to the department of public works and shall not lose under this change or transfer any rating, seniority, retirement or pension rights, or any other rights or privileges under any provisions of law whatsoever.
SECTION 3. The department of public works shall be supervised by a superintendent of public works appointed by the board of selectmen. Said superintendent shall hold a degree in civil engineering and shall be a professional engineer registered in the commonwealth, or shall possess equivalent training, experience and certification. He shall be responsible for the operational and administrative functions of the department of public works in accordance with a job description to be developed by said board of selectmen. The salary and term of office of said superintendent shall be determined by said board of selectmen, subject to appropriation by the town meeting. Said superintendent shall hold office subject to the will of said board of selectmen.
SECTION 4. All equipment owned by the town of Great Barrington and under the control of the highway, sewer, cemetery or parks department, or the tree warden, shall be under the control and supervision of the department of public works. The board of selectmen shall prepare and provide job descriptions for the employees of the department of public works.
SECTION 5. There shall be established in the town of Great Barrington a cemetery commission and a recreation commission. Each commission shall consist of three members appointed by the board of selectmen for terms identical to the previous elected terms of said commissions. Members of the cemetery commission and the parks and recreation commission elected on the date of acceptance of this act, and elected incumbents whose terms do not expire until subsequent elections, shall be appointed members of said commissions and shall serve until the expiration of their elected terms. The cemetery commission shall control all business matters pertaining to the town's cemeteries, other than maintenance, and shall control the care and expenditure of perpetual care funds and the recreation commission shall be responsible for formulating and administering the town's recreational program.
SECTION 6. The incumbent tree warden on the effective date of this act shall continue to perform all the functions of said office under the direction of the superintendent of public works.
SECTION 7. This act shall constitute a general by-law of the town of Great Barrington, and any further changes in the composition or administration of the department of public works shall be accomplished by amendments to said by-law in the manner provided in the Great Barrington Code.
SECTION 8. This act shall be submitted for acceptance by the voters of the town of Great Barrington at the annual town meeting to be held in the year nineteen hundred and eighty-nine, or at any regular or special town election thereafter. Said submission shall be in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said nineteen hundred and eighty-nine annual town meeting, or upon the official ballot of any regular or special town election held thereafter:
"Shall an act passed by the General Court in the year nineteen hundred and eighty-nine, entitled 'An Act Establishing a Department of Public Works in the Town of Great Barrington', be accepted "
If a majority of the votes in answer to said question is in the affirmative, this act shall take effect, but not otherwise except as hereinafter provided.
If this act is rejected when so submitted, it may be again submitted in the same manner at the annual town meeting next following its rejection, and if accepted shall take effect as heretofore provided. If this act is again rejected after having been submitted for the second time, it shall not be submitted again and shall not take effect.
SECTION 9. This act shall take effect upon its passage.