Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 107 of the acts of 1949 is hereby amended by adding the following section:-
Section 6. The execution and administration of all governmental operations of the West Barnstable Fire District in the city known as the town of Barnstable, except for those powers granted to the board of water commissioners established pursuant to chapter three hundred and fifteen of the acts of nineteen hundred and sixty-six, shall be vested in the prudential committee. The prudential committee shall appoint a fire chief, deputy fire chief, clerk and treasurer. Initial appointments shall be for a term of one year during which time the appointee may be removed at any time without cause. Thereafter the appointee shall be appointed for a three year term, subject to an annual review, and may be removed only for cause upon the majority vote of the prudential committee; provided, however, that the removal of the fire chief shall require an unanimous vote. The offices of clerk and treasurer may be held by the same person.
The fire chief shall, subject to the approval of the prudential committee, have all of the powers of fire chiefs, firewards, fire engineers, enginemen and hosemen, as provided under the General Laws, and may delegate the same to subordinates upon the approval of the prudential committee and shall do so on the prudential committee's direction.
The clerk and the treasurer shall have all powers, duties, and responsibilities otherwise provided for in the General Laws. The treasurer shall post bond in an amount to be determined by the prudential committee.
The legislative powers of the district shall remain in the voters thereof, who shall meet, deliberate, act and vote in the exercise of their corporate capacity in the manner provided in the General Laws. The district shall choose a moderator by any method authorized by the General Laws.
Any person holding an office or position at the time of the effective date of this act which is to be an appointive office or position under this act, shall on and after the effective date be deemed to hold such office or position as if initially appointed pursuant to the provisions of this act, and any such appointee who immediately prior to such appointment and for a minimum of one year prior thereto has held the position of district clerk, district treasurer, chief or deputy chief of the fire department, shall be conclusively deemed to have satisfied any and all probationary service prerequisites prescribed by this act, shall retain all benefits and prerequisites accrued in the former position to the extent such retention is not inconsistent with the newly appointed position or the provisions of applicable law, and shall thereafter be subject to annual review and removal only as provided for in this act.
SECTION 2. This act shall take effect upon its passage.