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The 192nd General Court of the Commonwealth of Massachusetts


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 West Newbury a department of public works under the jurisdiction of the board of selectmen. The department shall have charge of and responsibility for the management of public works operations of the town not assigned to other departments of the town, including, but not limited to, the following: highway, park and recreation construction and maintenance; tree and moth; building and grounds maintenance at municipal buildings, excluding the school department but including the GAR memorial library; and other related construction and operations assigned from time to time by the board of selectmen when considered necessary or desirable.

The board of selectmen may make all policy decisions relating to the department of public works except those reserved to the trustees of the GAR memorial library and the park and recreation commission, respectively.

SECTION 2. The board of selectmen shall appoint a director of public works, who shall recommend to the board of selectmen all employees of the department of public works. The compensation of the employees shall be set in the same manner as for other employees of the town, except as provided in section 5.

SECTION 3. The director of public works shall supervise and direct the operations and employees of the department of public works. The director of public works 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 director of public works shall hold no elective office, nor engage in any other business or occupation, relating to public works unless approved in advance by the board of selectmen. Nothing in this section shall prevent the director of public works from serving on special ad hoc committees in order to represent the department of public works.

SECTION 4. On the effective date of this act, the appointed position of highway superintendent, tree warden, and moth superintendent in the town shall be abolished, and its powers, duties, responsibilities, and compensation shall be transferred to the director of public works.

SECTION 5. A person in the regular permanent full time or part time service or employment of the town shall not forfeit rate of compensation, grade, step, or time of service on account of the establishment of the department of public works. Each such person shall be retained in a capacity as similar to the person's former capacity as is practical. A collective bargaining agreement, contract, or liability in force on the effective date of this act shall not be affected by this act.

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

Approved January 5, 2006.