AN ACT ESTABLISHING A PUBLIC WORKS DEPARTMENT IN THE TOWN OF SHIRLEY.
Be it enacted by the Senate and House of Representatives
in General Court assembled, and by the authority of the same,
There is hereby established in the town of Shirley
a public works department under the
jurisdiction of the board of selectmen. The department shall have charge of
and responsibility for the management of all public works operations of the
town not assigned to other departments of the town, including, but not limited
to, the following: highway, park, and playground construction and maintenance;
tree and moth; engineering services; grounds maintenance at all municipal
buildings, including the Hazen Memorial Library and, with the written agreement
of the school committee and the board of selectmen, the grounds and playing
fields under the jurisdiction of the school committee; and other related
construction and operations as may be assigned from time to time by the board
of selectmen when deemed necessary or desirable.
The board of selectmen may make all policy
decisions relating to the public works department except as may be reserved to
the trustees of the Hazen Memorial Library, the recreation commission and the
school committee, respectively.
The board of selectmen shall appoint a public works
director, who shall recommend to the board of selectmen all employees of the
public works department.
The compensation of such employees shall be set in the same manner as for
other employees of the town, except as provided in section 5.
The public works director
shall supervise and direct the operations and
employees of the public works department. The public works director shall be
qualified by education, training, and experience to perform the duties of the
office and shall have such other qualifications as the town may from time to
time provide. While employed by the town, the public works director shall hold
elective or appointive office, nor engage in any other business or occupation,
relating to public works unless approved in advance in writing by the board of
selectmen. Nothing in this section shall prevent the public works director
from serving on
special ad hoc committees in order to represent the public works department.
On the effective date of this act, the appointed position
of highway surveyor in the town shall be abolished, and the powers, duties, and
responsibilities of that office shall be transferred to the public works
director. In addition, when the elected term of the current tree warden in the
town expires, or upon the sooner resignation of the incumbent, that position
shall be abolished, and its powers, duties, responsibilities, and compensation
shall be transferred to the public works director.
No person in the regular permanent full time or part time
service or employment of the town shall forfeit rate of compensation, grade,
step, or time of service on account of the establishment of the public works
department. Each such person shall be retained in a capacity as similar to the
person's former capacity as is practical. No collective bargaining agreement,
contract, or liability in force on the effective date of this act shall be
affected by this act.
This act shall take effect upon its passage.