AN ACT ESTABLISHING A DEPARTMENT OF PUBLIC WORKS IN THE TOWN OF EAST BRIDGEWATER.
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 shall be in the town of East Bridgewater a department of public works, in this act called the department, which shall be under the supervision and control of the board of selectmen, in this act called the board. The department shall be organized in the following divisions: highway and land management; solid waste and recycling; water; and such other divisions as the town may determine from time to time.
SECTION 2. The department shall have all the powers, functions, duties and responsibilities now vested by any general law, special law or by-law in, or exercised by, the following: departments, boards, commissions and offices: highway surveyor; highway department; tree warden; tree and land management department; superintendent of pest control; board of water commissioners; water department; overseer of solid waste and recycling; and parks commissioners. The highway surveyor, office of highway surveyor, the tree warden, the office of tree warden, the board of water commissioners, the board of parks commissioners, the office of superintendent of pest management and the office of overseer of solid waste are hereby abolished. No existing contract or liability shall be affected by the abolishment, but the department shall, in all respects, be the lawful successor of the boards, departments and offices so abolished.
SECTION 3. The department shall have additional powers, duties and responsibilities as the town may, from time to time, provide by by-law or appropriation including, but not limited to, maintenance of town owned motor vehicles, maintenance of town and school buildings, exclusive of janitorial services, wastewater treatment and sewers, and engineering, any other law to the contrary notwithstanding.
SECTION 4. The board shall determine the qualifications of a director of public works and, subject to appropriation, fix the compensation of the director. The board may appoint the director for a term not to exceed 3 years and may establish a contract of employment with the director. The director shall exercise and perform under the supervision and direction of the board the powers, rights and duties which have been transferred to the department and as the board may, from time to time, designate. The board may remove the director when in its judgment the public interest so requires. The director shall have authority for carrying out the policies of the board and over the operations of the department. Subject to the approval of the board and following a public hearing before the board, the director may fix the rates, charges and fees considered necessary. The director shall be the appointing authority for the department and may hire such staff and assistants considered necessary, subject to appropriation.
SECTION 5. All persons employed by or under the supervision of the offices, boards and commissions abolished or affected by this act, other than those persons holding an elected position abolished in section 2, shall, upon the effective date of this act, be transferred to the department. The transfers of employees shall be made without loss of pay and without loss of retirement or pension rights, or any other privileges under any provision of law or by-law as a result of this act.
SECTION 6. Upon the effective date of this act, all records, offices, property, equipment and facilities owned by the town of East Bridgewater and under the control of the offices, boards, or commissions abolished by this act shall be transferred to and under the control and direction of the department.
SECTION 7. This act shall take effect on July 1, 2006.