The Select Board shall appoint a Board of Commissioners of Public Works, hereinafter called the "DPW Commissioners," consisting of three persons especially qualified by education, training or experience to oversee the Department of Public Works and to serve as highway, parks, water, sewer and cemetery commissioners and may for cause remove any or all such appointees. The DPW Commissioners shall serve three-year terms, staggered so that the term of one Commissioner expires each year.
[HISTORY: Adopted by the Town Meeting of the Town of Rockport 9-11-2023 STM (Ch. 8A of the 1997 Code of By-laws). Amendments noted where applicable.]
The DPW Commissioners shall appoint a Director of Public Works, herein called the "Director," who shall be appointed without regard to their political beliefs and who need not be a resident of the Town when appointed. Such Director shall, if the DPW Commissioners so decide, be a resident of the Town while serving as Director. Before entering upon the duties of the office, the Director shall be sworn to the faithful and impartial performance thereof by the Town Clerk or by a Justice of the Peace. The Director shall execute a bond in favor of the Town for the faithful performance of the duties of the office in such sum and with such surety or sureties as may be fixed or approved by the DPW Commissioners, the premium for said bond to be paid by the Town.
The Director may designate, in writing with the approval by of the DPW Commissioners, filed with the Town Clerk, a qualified officer of the Town to perform the Director's duties during any temporary absence or disability of less than 14 days; such written designation shall be filed with the Town Clerk and the Town Administrator. Notwithstanding the foregoing, in the event of a vacancy, or the failure of the Director to designate a temporary Director, or during the suspension of the Director, the DPW Commissioners shall appoint a suitable person to perform the duties of the office.
The DPW Commissioners by a majority vote of the full membership of the Board may remove a Director.
The Director shall receive such compensation for their services as the DPW Commissioners shall determine, but said compensation shall not exceed the amount appropriated therefor by the Town.
[Amended 9-8-2025 FTM by Art. G]
In addition to other powers and duties expressly provided for in the Charter, the Director shall have the following powers and duties:
A.
The Director shall supervise and direct and shall be responsible for the efficient administration of all offices, boards and committees appointed by the Director and their respective departments.
B.
The Director shall keep full and complete records of all operations and shall render as may be required by the DPW Commissioners a full report of all operations during the period reported on.
C.
The Director shall keep the DPW Commissioners fully advised as to the needs of the Town and shall recommend to the DPW Commissioners for adoption such measures requiring action by them or by the Town as the Director may deem necessary or expedient.
D.
The Director shall be responsible for the maintenance and repairs of all Town property except school buildings and grounds. The Director shall be responsible for the preparation of plans and the supervision of work on all construction, reconstruction, alterations, improvements and other undertakings authorized by the Town; subject, however, to the approval of the School Committee with respect to plans for the construction or improvement of school buildings or property.
E.
The Director shall perform such other duties consistent with the office as may be required of the Director by the by-laws, or by vote of the Town or by vote of the DPW Commissioners.
F.
The Director shall have access to all Town books and papers for information necessary for the proper performance of the Director's duties.
G.
The Director shall appoint, upon merit and fitness alone, and may, subject to the provisions of MGL c. 31, where applicable, remove for cause any employees of the Department of Public Works.
H.
Whenever any payroll, bill or other claim against the Town is presented to the Director, the Director shall, if in the opinion of the Director it is of doubtful validity, excessive in amount, or otherwise contrary to the interests of the Town, refer it to the DPW Commissioners, who shall immediately investigate the fact and determine what, if any, payment should be made. Pending such investigation and determinations by the DPW Commissioners, payment shall be withheld.
I.
The Director shall prepare and submit a budget to the DPW Commissioners in sufficient time for the DPW Commissioners' review.
The aggregate compensation of each Town officer or employee appointed by the Director of Public Works shall be limited to the amount established by vote of Town Meeting, and all fees received by such employees in accordance with the provisions of any general or special laws shall be paid into the treasury of the Town.
On a date set by the Select Board each year, the DPW Commissioners shall submit to the Select Board a copy of their annual budget, which shall contain a careful, detailed estimate of the probable expenditures of the Department of Public Works for the ensuing fiscal year, showing specifically the amount necessary to be provided for each office and activity, together with a statement of the expenditures for the same purposes in the two preceding years and an estimate of expenditures for the current year. With the assistance of the Town Accountant, the DPW Commissioners shall also submit to the Select Board a statement showing all revenues received by the Town from the Department's activities in the two preceding years, together with an estimate of the receipts of the current year.