There is hereby established in the Town of Merrimac a Department of Public Works under the jurisdiction of the Select Board. The Department shall have charge of and responsibility for the management of public works operations of the Town not assigned to other departments of the Town, including, but not limited to, the following: Highway Department, Parks and Recreation Department, Solid Waste and Recycling, Wastewater Department, Water Department, and all other related construction and operations as may be assigned from time to time by the Select Board when deemed necessary or desirable. The Select Board may make all policy decisions relating to the Department of Public Works except as may be reserved to the Parks and Recreation Commissioners.
[HISTORY: Adopted by the Town Meeting of the Town of Merrimac as Art. XIX of the 2016 General Bylaws. Amendments noted where applicable.][1]
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Editor's Note: This article was added to the Town's General By-laws pursuant to a vote of the April 28, 2008, Annual Town Meeting under Articles 18 and 19, and enactment of Chapter 392 of the Acts and Resolves of 2008 by the Massachusetts General Court.
The Select Board shall appoint a Director of Public Works, who shall recommend to the Select Board all employees of the Department of Public Works. The compensation of such employees shall be set in the same manner as for other employees of the Town, as provided in § 81-5.
The Director of Public Works shall supervise and direct the operations and employees of the Department of Public Works in accordance with the Town's Personnel Bylaw and any applicable collective bargaining agreements. The Director of Public Works shall be especially qualified by education, training and experience to perform the duties of the office and shall have such other qualifications as the Town may require from time to time. While employed by the Town, the Department of Public Works Director shall not hold an elective office, nor shall the Director engage in a business or occupation relating to public works unless approved in advance by the Select Board. Nothing in this section shall prevent the Director of Public Works from serving on special ad hoc committees in order to represent the Department of Public Works.
On the effective date of this act, the Wastewater Commissioners and the Water Commissioners and the appointed position of Water Manager shall be abolished, and their powers, duties, responsibilities, and compensation shall be transferred to the Director of Public Works.
No person in the regular, permanent, full-time or part-time service or employment of the Town shall forfeit the rate of compensation, grade, step, or time of service on account of the establishment of the Department of Public Works. Each person shall be retained in a capacity as similar to the person's former capacity as practical. No collective bargaining agreement, contract, or liability in force on the effective date of this act shall be affected by this act.