[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 9-19-1985. Amendments noted
where applicable.]
Notwithstanding the provisions of any general
or special law or any ordinance, there shall be established a Department
of Public Works.
A.
The Department of Public Works shall be supervised
by a Superintendent of Public Works appointed by the Mayor and subject
to confirmation by at least seven members of the City Council. All
appointments to the position of Superintendent of Public Works, both
permanent and temporary appointments which exceed 60 days, shall require
confirmation by the City Council.
[Amended 2-5-2002 by Ord. No. 02-02; 2-17-2009 by Ord. No. 09-77]
B.
The Superintendent shall be appointed for a term of
five years.
C.
The Superintendent shall be the head and have general
supervision of the Department of Public Works.
D.
The Superintendent shall have all powers and duties
prescribed by this chapter.
E.
The Superintendent may be removed for just cause by
the Mayor, with the approval of seven members of the City Council,
after public hearing held by the Mayor, upon a seven-day notice, in
writing, at the residence, preferably in hand, setting forth the cause
and the time and place of hearing.
[Amended 9-1-2009]
F.
The Superintendent of the Department of Public Works
shall not be a civil service position.
G.
The Superintendent of the Department of Public Works
shall be deemed to be a managerial and confidential employee as defined
in MGL c. 150E and shall not be included in a collective bargaining
unit or entitled to coverage under said chapter.
H.
Qualifications shall include an engineering degree,
preferably in civil engineering, with three to five years of management
experience. The Superintendent shall be a registered professional
engineer in Massachusetts (civil or related field).
[Amended 2-5-2002 by Ord. No. 02-02]
[Added 6-17-1986[1]; amended 11-7-1991 by Ord. No. 91-69A,
91-69B, 91-69C and 91-69D; 2-5-2002 by Ord. No.
02-02; 6-19-2007 by Ord. No. 07-54]
A.
The Department
of Public Works shall have all the duties, responsibilities, powers
and function vested by general or special law or any ordinance in
any of the following Departments, which are hereby abolished as separate
entities: Engineering, Parks, Flood Control, Cemeteries, Highway,
Sanitation, Wastewater Treatment, Forestry and Central Maintenance
Garage. Recreational programs will not be the responsibility of the
Department of Public Works.
B.
The Department of Public Works shall have the duties, responsibilities,
powers and function of the City of Chicopee Water Department as vested
by the City of Chicopee Water Commission. Such duties shall include
the general supervision of the day-to-day operations of the City of
Chicopee Water Department. The City of Chicopee Water Commission,
however, shall retain sole authority over all contracts, all purchases,
the value of which exceeds $10,000, abatements, disputes, including,
but not limited to, those issues upon which the Superintendent of
Water and the Superintendent of Public Works cannot agree, all final
hiring decisions, promotions, and the setting of water rates.
[Added 12-15-2015 by Ord.
No. 15-70]
[1]
Editor's Note: This ordinance also provided
for the repeal of former Sections III through VIII.
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
A.
The Department of Public Works shall be organized
to include the following Divisions:
(1)
Administrative Division: consisting of all managerial,
business, and clerical functions of the office of the Superintendent
of Public Works.
(2)
Public Utilities Division: consisting of all water
pollution control operations and flood control.
(3)
Public Services Division: consisting of all street,
sidewalk, and infrastructure construction and maintenance, integrated
solid waste management operations, including solid waste pickup and
recycling, DPW building maintenance, as well as any forestry services.
(4)
Engineering Division: consisting of all engineering
services required by the City.
(5)
Parks and Cemetery Division: consisting of all parks
and cemetery maintenance purposes.
(6)
Water Division: consisting of the general supervision of the day-to-day
operations of the City of Chicopee Water Department as vested to the
Department of Public Works by the City of Chicopee Water Commission.
[Added 12-15-2015 by Ord.
No. 15-71]
B.
The Superintendent may arrange the organization of
the department functions, divisions, and groups as shall be necessary
to most efficiently manage the personnel and equipment of the Department.
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
The Superintendent of Public Works shall:
A.
Have the overall responsibility and shall supervise
and direct all municipal public works projects, excluding those undertaken
by the Electric Light Department.
B.
Supervise, direct and control the construction, alteration,
repair and maintenance of all City parks, playgrounds, cemeteries
and public grounds, along with any structures or facilities on those
grounds, except that all recreational programs and the setting of
rules and regulations for the use of park grounds and apparatus shall
not be a function of the Department of Public Works but rather shall
remain a function of the Parks and Recreation Commission. All powers
and duties previously vested in the Superintendent of Parks and Recreation
relative to parks and cemetery maintenance shall hereby be assumed
by the Superintendent of Public Works.
C.
Supervise, direct and control all construction, alteration, repair and maintenance of public streets, roads, lanes, squares, sidewalks, bridges, sewers, storm drains and all appurtenances thereto. All powers and duties previously vested in the Superintendent of Streets according to Chapters 16, Art. IX; 230; 243 and 260 of the Code of the City of Chicopee shall hereby be assumed by the Superintendent of Public Works.
D.
Have charge of the collection and disposal of all garbage, ashes, rubbish and other wastes. Wherever Chapter 169 of the Code of the City of Chicopee refers to "Superintendent," it shall mean Superintendent of Public Works. Recycling programs mandated under Chapter 223 of the Code of the City of Chicopee shall be under the supervision and control of the Superintendent of Public Works.
E.
Supervise and direct the operation and maintenance
of all water pollution control activities, including treatment facilities,
pump stations, sewer collection system, and combined sewer overflow
mitigation, as well as the City's pretreatment program.
F.
Have full charge of the management and operation of
the municipal flood-control system, which shall include supervision,
repair and maintenance of dikes, pumping stations in connection with
the dikes and all other machinery or equipment used in the care and
operation of the dikes along the Connecticut River and the Chicopee
River and any other dikes that are now erected or may be erected in
the City.
G.
Be responsible for and in control of all engineering services, examinations, plans, statements and specifications which may be needed by any department in the City in the discharge of its duties. The City Engineer shall continue to be responsible for the duties specified in Chapter 28 of the Code of the City of Chicopee under the direction of the Superintendent of Public Works.
H.
Supervise, direct and control all forestry services
in the City, which services shall include the care, preservation and
maintenance of all public shade trees, shrubs and growth in the City,
including any removal, trimming or planting of trees as necessary.
I.
Be responsible for and in control of all Department
of Public Works purchasing, the solicitation of bids, inventory control
and overall personnel management.
J.
Supervise the work of all private contractors working
on City property or pursuant to municipal authority.
K.
Review plans and supervise construction of all municipal
public works projects, including all federally financed and/or state-financed
public works projects.
L.
Supervise, direct and manage all construction, alterations, repair
and maintenance of the water distribution system, including all appurtenances
thereto, owned by the City of Chicopee, all of which shall be subject
to the final approval of the City of Chicopee Water Commission.
[Added 12-15-2015 by Ord.
No. 15-72]
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
It is the intent of this chapter that any and
all commissions affected by this chapter would continue to exist,
except that the Flood Control Commission shall be hereby abolished.
In that regard, the Parks and Recreation Commission and the Commissioners
of the Fairview Cemetery, will continue to function as policy-making
bodies and shall retain control and responsibility for any and all
programs previously under their jurisdiction. These Commissions shall
no longer be responsible for the repair, maintenance or construction
of buildings, structures and grounds previously under their jurisdiction
or for the employ of persons responsible for such repair and maintenance.
[Added 6-17-1986; amended 9-1-2009]
All persons employed by or under any departments
whose functions are consolidated by this chapter shall, upon the effective
date of this chapter, be transferred to the Department of Public Works
without loss of pay or change in rating, seniority privileges, retirement
or pension rights or any other privileges under any provisions of
law, ordinance or contract, except as a result, if any, of the consolidations
which shall be approved by the Mayor and City Council. Subject to
approval of civil service, job titles may be changed or eliminated
based on the recommendations of the Superintendent upon approval of
the Mayor and City Council.
[Added 6-17-1986]
A.
The incumbent department heads whose functions are
consolidated by this chapter shall, upon the effective date of this
chapter, be transferred to the Department of Public Works and shall
be subject to the direction and control of the Superintendent of Public
Works and shall report to him. Subject to the discretion of the Superintendent,
they may be assigned duties which correspond with their prior positions
or they may be assigned additional duties in order to effectuate this
chapter.
B.
Under the direction of the Superintendent of Public
Works, each department head (i.e., City Engineer, Park Superintendent,
Wastewater Chief Operator) shall be deemed a Deputy Superintendent
having control and authority over the division assigned to him/her.
During the temporary absence or disability of the Superintendent,
each Deputy shall exercise full authority over the division(s) under
his/her control. The Superintendent may, by letter filed with the
Mayor, designate a qualified member of the Department or other City
official to perform administrative duties as required. In the event
of the failure of the Superintendent to make such a designation, the
Mayor may so designate such person to perform the administrative duties
of the Superintendent until his return or his disability shall cease.
[Added 6-17-1986]
