[Added 8-20-1970 by Ch. No. 1268; amended 10-8-1970 by Ch. No. 1269]
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Editor's Note: See also Sec. 3-709 of this Charter.
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.