The water supply board shall have and exercise all powers and
duties with respect to the management, supervision and control of
the water collection, storage, purification, and distribution system
and have exclusive care and control of the water works and all water
works appurtenances owned by the City of Pawtucket. Said board shall
make all rules and regulations and determine the rates to be charged
for water and all miscellaneous services within and outside the City
of Pawtucket. The board may regulate the use of water within and without
the city and may carry any works by them to be constructed over or
under any highway, turnpike, railroad or street, in such manner as
not to permanently obstruct or impede travel thereon; and may enter
upon and dig up any highway, turnpike, road or street, for the purpose
of laying down pipes or building aqueducts upon or beneath the surface
thereof, or for the purpose of repairing same. Said board shall appoint
a secretary who shall keep a full and complete record of all official
acts and proceedings and shall annually prepare a report for the mayor
and the council. The city solicitor shall be the legal advisor of
said board and shall have general charge for the city of all law proceedings
or suits instituted or arising hereunder, but in case he considers
it necessary or advisable he may from time to time designate assistant
counsel to have special charge of the same and to immediately advise
and aid said board for such period or periods of time as the city
solicitor, from time to time, may determine, such special counsel
to receive such compensation thereof as said board may from time to
time determine, and such compensation to be charged as an expense
of said board. Said board from time to time may employ and fix the
compensation of such superintendent or chief engineer, chemists, engineers,
surveyors, draughtsmen, technicians, clerks, operators, laborers,
and other employees as may be necessary for the efficient performance
of its duties hereunder, and at any time or times may discontinue
the employment of any employee for cause.
The members of the water supply board, as soon as may be after
their appointment and qualification shall elect one of their appointive
members as chairman of said board. Annually at its first meeting following
the qualifications of the member appointed in that year to said board,
and whenever there shall be a vacancy in the chairmanship of said
board, the members thereof shall elect one of their appointive members
as chairman of said board. In case an occasion for the election of
a chairman shall arise and such chairman shall not be elected within
one week after such occasion shall arise, the mayor may appoint an
appointive member of said board to be its acting chairman until a
chairman shall be elected by said board.
The water supply board, as soon as may be after the appointment
and qualification of its members, shall elect a "superintendent or
chief engineer" and may contract for his services for a period of
not more than six years, such contract to permit said water supply
board to remove said superintendent or chief engineer in the manner
hereinafter provided. No person shall be eligible to election to the
office of such superintendent or chief engineer unless he shall be
a professional engineer.
The board shall have full power of its own motion, to remove
from office, but only for official misconduct, or failure to perform
his duties, the superintendent or chief engineer of said water supply
board, after full public hearing after giving notice to said officer
in writing specifying the specific charge or charges for which said
removal is sought, and the time and place fixed for hearing thereon.
Said notice shall be served on said officer at least ten days before
the date of hearing on said charges and by such officer and in such
manner as is provided by law for the service of writs, and the officer
serving the same shall endorse his return of service on the original
of said notice and return the same to said board, which return shall
have the same force and effect as the officer's return duly made on
a writ in an action of law. By any such hearing no action shall be
taken upon said charges if said officer is present in person or by
attorney to answer the charges, except upon sworn testimony or affirmation
of witnesses and after opportunity has been given to said officer
or his attorney to cross-examine witnesses and after opportunity to
testify or produce witnesses in his defense. At any such hearing it
shall be the right of any officer to be represented by counsel who
may conduct his defense and act for him upon such hearing. If decision
is not given at the conclusion of said hearing, a notice of said decision
shall be given to said officer by mailing a notice of such decision
to said officer postpaid and directed to him at the address of such
officer as the same appears upon the records of said water supply
board, or, if said officer was represented by counsel at said hearing
by mailing notice of such decision to said counsel postpaid and directed
to said counsel at his post office address. If upon the conclusion
of any such hearing the water supply board decides, by the affirmative
vote of a majority of all its members, to remove said officer, said
office shall immediately upon the rendering of such decision become
vacant and said water supply shall, as soon as may be, appoint a successor
in the place and stead of such superintendent or chief engineer, subject
to the qualifications herein required. Service of such notice of charges
shall operate as a suspension of such superintendent or chief engineer
from his office until the making of the above required decision.
The superintendent or the chief engineer shall have sole charge
of the water works in every particular, being subject at all times
to the prescribed orders and direction of said board, and shall personally
attend to all administrative and supervisory details of operating
the water works subject to said orders and direction of said board.
He shall annually, within four months after the close of the fiscal
year, prepare a report for presentation to the board, describing the
general operation of the water works, a detailed statement of expenditures
and income and such other data and information as be or said board
may deem necessary.
As far as practical all bills for metered water sales and other
miscellaneous charges shall be prepared by the division of data processing
and filed with the city collector for mailing and collection. Miscellaneous
bills not handled by data processing shall be prepared in the office
of said board and filed in the city collector's office for mailing
and collection. The city collector shall forward a record of daily
receipts to said board and prepare a periodic abstract of accounts
receivable. The purchasing board shall make all purchases of supplies,
materials, equipment and contractual services as described under Chapter
10 of the City of Pawtucket Charter with the exception that specifications
for all supplies, materials, equipment and contractual services shall
be prepared by said superintendent or chief engineer of said water
board.
All receipts and other miscellaneous services shall be deposited
in a separate fund from those of other city agencies and not diverted
to any other purpose outside of the operations of the water works.