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  • Acts
  • 2000
  • Chapter 399 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, as follows:


SECTION 1. 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.

SECTION 2. 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.

SECTION 3. The public works director shall supervise and direct the operations and employees of the public works department. The public works director shall be especially 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 no other 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.

SECTION 4. 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.

SECTION 5. 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.

SECTION 6. This act shall take effect upon its passage.

Approved January 10, 2001.