City of Marlborough, MA Article IV Department of Public Works

[Adopted as Secs. 2-43 through 2-48.1 of the 1965 Code (Ch. 3, Art. IV, of the 1986 Code)]

§ 7-28 Establishment.

In accordance with the General Laws of the Commonwealth and the Charter of the City, a Department of Public Works is hereby established.

§ 7-29 Abolition of offices; transfer of obligations, data and employees.

A. The Department shall have all the powers and duties now or from time to time vested by the General Laws or Special Acts of the Legislature of the Commonwealth and the ordinances of the City in the following boards, departments, commissions and offices having corresponding powers and duties in the City, as follows: Highway Department or Superintendent of Streets, Engineering Department or City Engineer, Water and Sewage Department, Water and Sewage Commission, Forestry Department, Cemetery Department and Parks Division, and such boards, departments, commissions and offices shall be and are hereby abolished.

[Amended 8-20-1990 by Ord. No. 90-3556; 6-22-1992 by Ord. No. 92-4556A; 6-29-1998 by Ord. No. 98-7503B]

B. No contracts or liabilities in force shall be affected by such abolition, but the Department of Public Works shall in all respects be the lawful successor of the boards, departments, commissions and offices so abolished.

C. The abolished departments shall transfer to the Department of Public Works all property, records and any other data now in their custody.

D. Employees of the abolished departments are hereby transferred to the service of the Department of Public Works without impairment of their civil service, retirement, personal leave or seniority rights and benefits. Seniority of such employees shall remain unchanged pursuant to the provisions of MGL c. 31, § 33.

[Amended 6-29-1998 by Ord. No. 98-7503B]

§ 7-30 Appointment of Commissioner of Public Works.

There shall be a Commissioner of Public Works, who shall be appointed by the Mayor, subject to confirmation of the City Council, for a term of five years. Such Commissioner shall take office on the day following his appointment.

§ 7-31 Powers and duties of Commissioner.

[Amended 6-29-1998 by Ord. No. 98-7503B; 5-5-2014 by Ord. No. 14-1005691F]

A. The Commissioner of Public Works shall be the supervisory and administrative head of the Department of Public Works. The Commissioner is hereby vested with the authority, duty and power to regulate and coordinate all functions reasonably related to the duties and responsibilities of the Department of Public Works as herein transferred to the Department and as the City Council may from time to time by ordinance provide, any other provision of law to the contrary notwithstanding.

B. The Commissioner of Public Works shall have all the authority of the former Board of Cemetery Commissioners and shall be responsible for and have the authority conveyed by §§ 19-3, 19-4, 19-9, 19-10 and 19-11 of Article II, and § 19-13 of Article III of Chapter 19 of the Code. The City shall create a renamed, uncodified division to be called the Forestry, Parks and Cemetery Division.

C. The Commissioner of Public Works shall assume the duties and responsibilities of the Water Registrar, City of Marlborough. Said Commissioner of Public Works shall comply with and be responsible for the duties of the Water Registrar as contained in §§ 510-14 and 608-8 of the City Code, and file reports as required by § 67-9 of the City Code.

D. Assistant Commissioners. There shall be an Assistant Commissioner of Operations, an Assistant Commissioner of Utilities, and an Assistant Commissioner of Facilities, who shall perform their respective duties under the supervision of the Commissioner of Public Works. Each position shall be appointed by the Commissioner of Public Works, and the term of office shall be coterminous with the term of the Commissioner. These positions shall be compensated in accordance with the Salary Ordinance for the position of Assistant Commissioner – DPW.

[Added 9-30-2021 by Order No. 21-1008368A-1]

§ 7-32 Solid Waste Coordinator; powers and duties.

[Added 10-1-1990 by Ord. No. 90-3540A]

A. There shall be a Solid Waste Coordinator in the Department of Public Works, appointed by the Commissioner of Public Works, whose appointment shall be coterminous with the appointment of the Commissioner of Public Works.

B. The duties of the Solid Waste Coordinator shall include but not be limited to the following: to prepare, implement and supervise any and all plans, responsibilities and duties for trash collection, composting leaf-raking waste, recycling, all related environmental rules as they apply, regulations, and to do other to duties as directed.

§ 7-33 Tree Warden.

[Amended 11-23-2009 by Ord. No. 09-1002311B]

A. Pursuant to the provisions of MGL c. 41, § 106, there shall be a Tree Warden, who shall be appointed for a term of three years by the Mayor, subject to confirmation by the City Council.

B. The Tree Warden shall be the officer charged with the care of public shade trees with all of the powers and duties conferred and imposed on tree wardens under MGL c. 41, § 106, and MGL c. 87, as provided under MGL c. 87, § 13, and with all of the powers and duties of the Superintendent of Shade Tree Management and pest control as provided under MGL c. 132, § 13. The Tree Warden shall report directly to the Commissioner of the Department of Public Works.

C. The Tree Warden shall be qualified to carry out the powers and duties of the position by experience and training in arboriculture and licensed in the use of pesticides and herbicides in accordance with MGL c. 41, § 106, and MGL c. 132, § 13.

D. Any person requiring the services of the Tree Warden shall pay for such services at an hourly rate equal to the hourly rate of the general foreman of the Forestry, Parks and Cemetery Division of the Department of Public Works. Such compensation shall be paid directly to the Tree Warden. If the Tree Warden is also a City employee, such employee shall receive his or her regular compensation from the City when he or she provides services as Tree Warden during his or her regular working hours, regardless of whether such services are provided for the City or for a person or entity other than the City, and any compensation ordinarily due to the Tree Warden for services under this subsection shall instead be paid to the City.

E. The Tree Warden must obtain prior written authorization to perform services on City-owned property from the City department with care, custody, and control of the particular City property.