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HOUSE DOCKET, NO. 1995 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2052
The Commonwealth of Massachusetts
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PRESENTED BY:
Colleen M. Garry
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act establishing a department of public works in the town of Tyngsborough.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Colleen M. Garry36th Middlesex1/18/2023 1 of 4
HOUSE DOCKET, NO. 1995 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2052
By Representative Garry of Dracut, a petition (accompanied by bill, House, No. 2052) of Colleen
M. Garry (by vote of the town) relative to establishing a department of public works in the town
of Tyngsborough. Municipalities and Regional Government. [Local Approval Received.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act establishing a department of public works in the town of Tyngsborough.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Section 1. Establishment and Scope. There shall be a department of public works
2responsible for the performance of all public works activities of the town placed under its control
3by by-law, or otherwise, including but not limited to forestry services, protection of natural
4resources, cemetery, parks, recreation, sewers and sewerage systems, street and roads, and
5maintenance of all buildings and grounds, other than those under the jurisdiction of the school
6department, board of library trustees, and the conservation commission, unless otherwise agreed
7by the department.
8 Powers and Duties. The department of public works shall assume all of the duties and
9responsibilities in the performance of public works functions, including but not limited to those
10performed prior to the adoption of the Act by and under the authority of the tree warden, park
11commission, cemetery commission, board of highway surveyors or road commissioners, and
12select board. The department of public works shall assume limited duties and responsibilities in 2 of 4
13the performance of public works functions related to the sewer commission as described in
14section 5 of this Act.
15 Section 2. Superintendent of Public Works. The department of public works shall be
16under the direct control of a superintendent of public works who shall be appointed by the town
17manager and who shall serve at the pleasure of, and be directly responsible to, the town manager.
18The superintendent shall be a person especially fitted by education, training and previous
19experience to perform the duties of the office.
20 2.1 Role and Authority. The superintendent of public works shall be responsible for the
21supervision and coordination of the department in accordance with state statutes, town by-laws,
22and directives of the town manager. The superintendent may, with the approval of the town
23manager and select board, establish within the department various operational divisions, such as,
24but not limited to, highway, facilities, parks and sewers.
25 Section 3. Department Policy Formulation. Unless otherwise described in section 5 of
26this Act, the select board shall be responsible for the establishment of priorities and policies to
27govern the operation of the department, and through the town manager, shall have ultimate
28responsibility therefor.
29 Section 4. Transition. As of the effective date of this act, the offices of board of highway
30surveyors or road commissioners, by whatever name, and the cemetery commission shall be
31abolished, the terms of any incumbents thereof terminated and all powers, duties and
32responsibilities of such offices shall be immediately transferred to the department of public
33works. No existing contract or liability shall be affected by the abolition or change in the manner
34of selection of any board or office in this section or the creation of the department of public 3 of 4
35works, and the department of public works shall in all respects be the lawful successor of such
36boards, departments and offices so abolished. Any permanent employee of any of the boards or
37committees or departments abolished by the creation of the department of public works or of a
38department whose authority has changed as a result thereof, shall be transferred to and become
39an employee of the department of public works in a capacity as similar to the employee's former
40position as is practical without loss of seniority, retirement, holiday, sick leave, or vacation. Until
41such time as a superintendent of public works is appointed, the town manager shall act as the
42superintendent of public works.
43 Section 5. Board of sewer commissioners. Notwithstanding any other provision of this act
44to the contrary, the incumbent members of the board of sewer commissioners, referred to as the
45"sewer commission" both herein and as of the effective date of this act, shall remain elected. The
46sewer commission shall continue to serve as the authority with respect to any sewer construction
47projects ongoing at the time this Act takes effect, as well as with any future sewer expansion
48phases, setting sewer rates, and ensuring compliance with the sewer enterprise fund in
49accordance with G.L. c. 44 section 53F1/2, including review of all expenditures from the
50enterprise fund on a regular basis. The superintendent of public works shall serve in an advisory
51capacity, and provide technical assistance, to the sewer commission on matters within the
52commission's authority as described in this section. The Sewer Commission shall serve in an
53advisory capacity to the Board of Selectmen on intermunicipal agreements affecting the town's
54sewer system, capacity, or flow.
55 5.1 Setting of Rates and Promulgation of Regulations. The board of sewer commissioners
56shall be authorized to set sewer rates and promulgate regulations in connection with the scope of
57authority of the department of public works. Prior to taking any action hereunder, however, the 4 of 4
58sewer commission shall, in conjunction with the superintendent of public works, hold a public
59hearing for which notice is published in a newspaper of general circulation in the town once in
60each of two successive weeks, the first publication to be not less than fourteen days before the
61day of said hearing, and by posting such notice in a conspicuous place in or at town hall for a
62period of not less than fourteen days before the day of said hearing.
63 5.2 Role of the superintendent of public works. The department of public works, under
64the authority of a superintendent of public works, shall be responsible for the maintenance of the
65existing sewer system, day-to-day operations, employees, contracting and procurement, and
66other matters not under the authority of the board of sewer commissioners as outlined in sections
675 and 5.1 of this Act. Appointments at the level of Sewer Senior Foreman or above, including
68Sewer Administrator, shall be made only after consultation with the sewer commission but shall
69be the responsibility of the Town Manager per the Act establishing the position of Town
70Manager in the town of Tyngsborough. Contracts related to any sewer construction projects
71ongoing at the time this Act takes effect, as well as any future sewer construction expansion
72phases, shall be approved and signed by the sewer commission. The superintendent of public
73works shall have a voice, but no vote, in any of the sewer commission's proceedings.
74 5.3 Completion of work. The board of sewer commissioners may, by unanimous vote of
75the full commission, and after holding a public hearing, determine that no future phases of sewer
76expansion are required and that the commission shall be abolished. In this instance, the
77remaining powers and duties of the board will, effective immediately upon abolition of the board
78of sewer commissioners, transfer to the department of public works in a manner consistent with
79section 4 of this Act, and the select board shall be responsible for holding public hearings to set
80sewer rates and promulgate regulations in accordance with section 5.1 of this Act.