Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. There shall be established in the town of Ware a department of public works which shall be under the jurisdiction of the board of selectmen and said board shall assume jurisdiction over such town boards and officers abolished by section two of this act.
SECTION 2. The board of selectmen shall have all the powers and duties now and from time to time vested by general or special law or town by-laws in the following boards and offices or in boards and offices having corresponding duties in the town of Ware to wit: the highway surveyor, the tree warden, and the water and sewer commissioners and such boards and offices are hereby abolished. No contracts or liabilities in force on the effective date of this act shall be affected hereby, but the board of selectmen shall in all respects be deemed the lawful successor of the aforesaid boards and offices. Said board shall have jurisdiction over the maintenance of the sanitary landfill. The board through the department under the jurisdiction of a superintendent of public works shall provide the cemetery commissioners and the park commissioners with departmental support, including use of manpower, use of equipment, capital expense, and clerical assistance for the purposes of maintaining the properties under the jurisdiction of said commissioners, and providing necessary departmental support to said commissioners as required by said commissioners to assist the commissioners with duties under the jurisdiction of said commissioners, subject to the approval of the board of selectmen and the availability of funds as appropriated by the town meeting. The cemetery commissioners and the park commissioners shall have full rights and powers over the trust funds, properties, and facilities currently under their respective jurisdictions, subject to relevant deed restrictions, the provisions of all applicable laws, rules, regulations, and town by-laws. The selectmen shall have such additional powers with respect to public works as the town from time to time by by-law provides.
SECTION 3. The board of selectmen shall appoint and fix the compensation of a superintendent of public works who shall exercise and perform, under the supervision and direction of said board, such of the powers, rights, and duties transferred to said board under the provisions of section two and said board may from time to time delegate. Such superintendent shall be specially fitted by education, training and experience to perform the duties of his office and need not be a resident of the town during his tenure in office. Such superintendent shall be responsible for the efficient exercise and performance of such powers, rights and duties and may be removed for just cause only by a vote of said board. Said superintendent shall be given a written notice at least fourteen days prior to the date of removal, which shall specify the reasons for such removal and at his request a public hearing shall be held on the charges brought against him. During his tenure, he shall hold no other elective or appointive office nor shall he engage in any other business or occupation. Such superintendent shall give the town a bond with a surety company authorized to transact business in the commonwealth as surety for the faithful performance of his duties in such sum and upon such conditions as the board of selectmen may require. Said superintendent shall, subject to the approval of said board, appoint such assistants, agents and employees as the exercise and performance of his powers, rights, and duties may require. Such superintendent shall render to the board of selectmen, as often as said board may require, a full report of all operations under his control during the period reported upon, and from time to time as required by said board, shall make a synopsis of such reports for publication and shall keep said board fully advised as to the needs of the town within the scope of his duties, and shall annually, prior to the expiration of the fiscal year of said town furnish to said board a carefully prepared and detailed estimate in writing of the appropriations required during the next fiscal year for the proper exercise and performance of all said rights and duties. The incumbent of the office of highway surveyor and of the office of tree warden, and each permanent employee of any board or office abolished by this act, and the permanent employees of the cemetery department and the parks department shall be given preference based upon the availability of positions for transfer to the department of public works and become an employee of the department of public works subject to the approval of the board of selectmen and every employee so transferred shall continue to serve and shall retain all rights to holidays, sick leave, vacations and other benefits in effect on the effective date of this act.
SECTION 4. This act shall be submitted to the voters of the town of Ware for acceptance at the annual town election to be held in the year nineteen hundred and ninety in the form of the following question, which shall be placed on the official ballot to be used for the election of town officers at said election:-
"Shall an act passed by the General Court in the year nineteen hundred and eighty-nine, entitled 'An Act Authorizing the Town of Ware to Establish a Department of Public Works,' be accepted " If the majority of the votes cast in answer to this question is in the affirmative, this act shall become effective, but not otherwise.
SECTION 5. This act shall take effect upon its passage.