Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
SECTION 1. Chapter 317 of the acts of 1974 is hereby amended by striking out sections 1, 3, and 5 and inserting in place thereof the following three sections:-
Section 1. There is hereby established in the town of Brookline, hereinafter referred to as the town, a division of transportation, to be a part of the department of public works, with the division to consist of a transportation board, hereinafter referred to as the board, a director of transportation, hereinafter referred to as the director, and such staff as may be authorized by the board of selectmen, hereinafter referred to as the selectmen. All statutes and by-laws applicable generally to transportation, vehicular licensing and traffic rules, regulations and orders shall apply to the division of transportation.
Section 3. The director shall be an engineer or the equivalent who shall be especially fitted by education, training and experience to perform the duties of the position. The qualifications for the position shall be determined by the commissioner with the approval of the town administrator. The director shall not be subject to civil service law and rules. The commissioner of public works of Brookline, hereinafter referred to as the commissioner, shall have the authority to create or eliminate staff positions in the division.
Section 5. The director shall be the administrative head of the transportation division, and as such shall have full charge and supervision of the work of the division and its personnel. He shall provide full staff services to the board, and to the extent authorized by the board shall act on its behalf, in the exercise of its powers and responsibilities under this act. He shall act as technical advisor to the board of selectmen, the transportation board, and other town agencies or officials in connection with transportation matters.
SECTION 2. Chapter 12 of the acts of 1963 is hereby amended by striking out sections 1 and 2, as amended by sections 1 and 2 of chapter 32 of the acts of 1981, and inserting in place thereof the following two sections:-
Section 1. Notwithstanding the provisions of any general or special law or by-law to the contrary, there shall be established in the town of Brookline a department of public works, hereinafter called the department, which shall be under the supervision, management and control of a commissioner of public works, hereinafter called the commissioner. The selectmen shall appoint, subject to the provisions of chapter two hundred and seventy of the acts of nineteen hundred and eighty-five, as amended, may remove, when in their judgment the public interest so requires, and may fix the compensation of the commissioner who shall be specially fitted by education, training and experience to perform the duties of his office. He shall be appointed in May of each year for a term of one year from the first day of July following and until the qualification of his successor. He shall not be subject to the civil service law. During his tenure he shall hold no elective office nor shall he engage in any other business or occupation. Any vacancy in such office shall be filled by appointment by the selectmen for the remainder of the unexpired term. The commissioner may appoint such employees as the exercise and performance of his powers, rights and duties may require, subject to available appropriations.
He shall establish and from time to time reorganize or abolish within the department, with the approval of the town administrator, operating divisions such as highway, engineering, sewer, sanitation, transportation, water and the division of parks, forestry and cemeteries.
Section 2. The commissioner shall appoint, with the approval of the town administrator, the directors of such divisions of the department as the selectmen determine require directors of divisions. The selectmen shall fix the compensation of the directors of such divisions. The directors shall serve under the direction of the commissioner. Directors shall be appointed annually for the term of one year and until the qualification of their respective successors and shall not be subject to the civil service law. A director may be removed by the commissioner, with the approval of the town administrator, when in their judgment the public interest so requires. Any vacancy in such office may be filled by appointment by the commissioner, with the approval of the town administrator, for the remainder of the unexpired term.