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  • Acts
  • 1998
  • Chapter 168 AN ACT EXEMPTING CERTAIN POSITIONS IN THE CITY OF WESTFIELD FROM THE CIVIL SERVICE LAW.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. For the purpose of this act, "administrative head of a municipal department" shall mean an individual who is appointed to serve as chief operating officer and day-to-day administrative head of a municipal department of the city of Westfield excluding the law, fire, school and gas and electric light departments including, but not limited to, positions of superintendent of public works, superintendent of water, superintendent of sewer and wastewater treatment, police chief, director of parks, director of health and recreation and youth director.

SECTION 2. Notwithstanding the provisions of any general or special law to the contrary, the provisions of chapter 31 of the General Laws shall not apply to administrative heads of municipal departments in the city of Westfield, nor shall the provisions of said chapter 31 apply to the following positions within said city: assistant assessor; appraiser; assistant city auditor; deputy water superintendent; deputy superintendent of public works; all positions within the law department; all positions within the engineering department which require a college degree in engineering; all positions within the personnel department; all inspector positions within the building department; planner within the community development department; and school department business manager.

SECTION 3. Notwithstanding the provisions of chapter 294 of the acts of 1920 or any other general or special law or ordinance of the city of Westfield to the contrary, an appointment as administrative head of a municipal department shall be for a term of three years or, upon expiration of a term until a successor shall be duly appointed and qualified. Removal of an administrative head of a municipal department prior to the expiration of the term of appointment shall be conducted in conformity with applicable law including, said chapter 294, and in conformity with such requirements as may be set forth in a collective bargaining agreement in effect between the city and a collective bargaining unit representing an individual whose appointment is subject to termination prior to the expiration of the appointed term. A permanent civil service employee in the municipal service of said city of Westfield who is appointed as administrative head of the municipal department in which he holds permanent status shall be granted a leave of absence from his permanent civil service position upon the effective date of such appointment and shall, without loss or accrual of civil service seniority, be entitled to be restored to such former position if he fails to be reappointed as administrative head after the expiration of his term of appointment. City department seniority shall continue to accrue to any such employee while employed as an administrative head of a municipal department.

SECTION 4. Each incumbent who has the present status of permanent civil service employee in his present position on the effective date of this act shall retain such civil service status until such time as he no longer serves in such position. Each incumbent administrative head of a municipal department who has the present status of provisional civil service employee and who, by virtue of this act, shall henceforth be subject to three-year appointment, shall be considered as appointed to a three-year term of office in his present position as of the effective date of this act. Each incumbent administrative head of a municipal department whose office is not a civil service office and who is serving pursuant to an appointment for a set term of years shall continue to serve the term of such appointment, notwithstanding the provisions of this act.

Approved July 9, 1998.