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The 191st General Court of the Commonwealth of Massachusetts

AN ACT RELATIVE TO THE DEPARTMENT OF PUBLIC WORKS IN THE TOWN OF CARVER

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.  Chapter 585 of the acts of 1971 is hereby repealed.
        SECTION 2.  There shall be in the town of Carver a department of public works, which shall have all the powers and duties that were vested in the board of public works and shall have all the powers and duties that are vested by the General Laws, town by-laws or special acts in the following boards, departments and offices or in boards, departments and offices having corresponding powers and duties in the town of Carver: park commissioners, cemetery commissioners, tree warden, highway surveyor and superintendent of shade tree management and pest control. The department shall be responsible for such other matters as determined by the town administrator, with the approval of the board of selectmen; provided, that said other matters may include, but shall not be limited to, facilities maintenance, wastewater and storm water treatment and disposal, refuse removal and recycling.
        SECTION 3.  The department may consist of 1 or more divisions, including but not limited to, a: park division, cemetery division, street division and tree and moth division; provided, that the department may be organized in such other manner as determined by the town administrator, with the approval of the board of selectmen.
        SECTION 4.  The department shall be supervised by a director. The town administrator shall appoint the director; provided, however, that said appointment shall be subject to the by-laws that provide for the appointment of officers of the town by the town administrator. The town administrator, with the approval of the board of selectmen, may establish an employment contract with the director for salary, fringe benefits and other conditions of employment, including, but not limited to, severance pay, reimbursement for expenses incurred in the performance of the duties of office, liability insurance and conditions of discipline, termination, dismissal, reappointment, performance standards and leave.
        SECTION 5.  The director shall exercise and perform, under the direction and supervision of the town administrator, all of the powers, rights and duties to be exercised by the department under section 2, subject to any policy directives issued by the board of selectmen. The director shall be responsible for the efficient exercise and performance of such powers, rights and duties and shall hold office subject to the will of the town administrator, in consultation with the board of selectmen. The director shall hold no other elective or appointive office in the town of Carver and shall not be engaged in any other business or occupation. The director shall provide the town a bond, with a surety company authorized to transact business in the commonwealth, as surety for the faithful performance of the director's duties, in such sum and upon such conditions as the town administrator shall require. The director shall report to the town administrator as to the doings of the office at such times as the administrator may require.
        SECTION 6.  No contracts or liabilities in force upon the effective date of this act shall be affected by the repeal of chapter 585 of the acts of 1971, and the department of public works and the director of public works created in this act shall in all respects be the lawful successor of the offices and departments that were abolished by the repeal of said chapter 585. All records, property and equipment of any office, department or part thereof assigned under said chapter 585 shall, by operation of law, be assigned to the department of public works and the director of public works.
        SECTION 7.  Upon the effective date of this act, the offices of the board of public works and the superintendent of public works, created by chapter 585 of the acts of 1971, are hereby abolished. The incumbent members of the board of public works, who hold office as of the effective date of this act, shall constitute an advisory committee to the town administrator and director of public works and may have a voice but no vote on the matters falling with the jurisdiction of the department. The members of said advisory committee may serve for a period equivalent to the remainder of their elected board term or their sooner vacating of the position. The incumbent appointed superintendent of public works, as of the effective date of this act, shall serve as a temporary director of public works until such time as a permanent appointment is made under section 4.

Approved, January 2, 2015.