[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wayland 4-10-2008 by Art. 5. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel — See Ch. 43.
151.1.1.
The Town Manager, in
consultation with the Board of Public Works, may appoint a Director
of Public Works for a term of one to three years or the Director of
Public Works may serve the Town at will and at the pleasure of the
Town Manager. The Director of Public Works shall receive such aggregate
compensation and fringe benefits, not exceeding the amount appropriated,
as the Town Manager may determine in accordance with the Town's Personnel
Bylaws and Wage and Salary Classification Plan. The Town Manager may,
but is not required to, establish a written employment contract with
the Director of Public Works to provide for the salary, fringe benefits,
and other conditions of employment of the Director of Public Works
in accordance with the Town's Personnel Bylaws and Wage and Salary
Classification Plan. The Director of Public Works position shall be
a managerial and confidential employee as such is defined by Massachusetts
General Laws Chapter 150E and relevant case law from the Massachusetts
Labor Relations Commission.
151.1.2.
The Director of Public
Works shall hold no elective Town office, but may be appointed by
the Town Manager to any other compatible Town office or position.
The Director of Public Works shall devote full-time to the responsibilities
of the department, and shall engage in no other business or occupation
without advance written authorization by the Town Manager.
151.2.1.
The Director of Public
Works shall be responsible for the day-to-day management and operations
of the Department of Public Works and shall act by and for the Board
of Public Works in carrying out its responsibilities and in the exercise
of its authority and powers established by general and special law,
bylaw and vote of the Town. The Town Manager will provide operational
and administrative (including, but not limited to budget and financial
management, procurement, employment relations, collective bargaining,
personnel administration, insurance and risk management matters) direction
to the Director of Public Works.
151.2.2.
Subject to ratification
by the Town Manager or his/her designee, the Director of Public Works
shall have the power and authority to appoint, on the basis of merit
and fitness alone, and discipline, suspend, demote, transfer or terminate
supervisory or managerial personnel in the Department of Public Works.
The Director of Public Works shall also have the authority to hire,
promote, discipline, suspend, demote, transfer or terminate all other
personnel in the Department of Public Works. All personnel actions
taken by the Director of Public Works shall be taken in accordance
with all applicable laws, provisions of any collective bargaining
agreements, personnel bylaws and personnel practices and policies.[1]
151.2.3.
The Director of Public
Works shall:
(a)
Manage and supervise all operations, affairs and personnel
of the Department of Public Works;
(b)
Implement the goals and objectives established by
the Town Manager which shall be consistent with the policies of the
Board of Public Works;
(c)
Act as the liaison with and represent the Department
of Public Works before state, federal and regional authorities;
(d)
Serve as the Department of Public Works' public information
officer in responding to suggestions, complaints and criticisms;
(e)
Annually prepare and submit to the Board of Public
Works for its review, and to the Town Manager for his/her subsequent
recommendation to the Finance Committee, a departmental budget showing
proposed expenditures and revenues for the ensuing fiscal year; and
(f)
Perform such other duties as may be required by the
Town Manager, bylaw, state law or federal law, rules and regulations
and the Director of Public Works' job description.
Section 151.3.1. Termination of employment of
any director of public works shall be effected by order of the Town
Manager.
Section 151.4.1. The Town Manager may designate
a qualified person to serve as the Acting or Interim Director of Public
Works and to perform the duties of the Director of Public Works during
the period of any vacancy caused by the Director of Public Works'
absence, illness, suspension, termination or resignation.