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| 2 | 2 | | SENATE DOCKET, NO. 1658 FILED ON: 1/19/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1297 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Ryan C. Fattman |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act authorizing the town of Wales to establish a department of public works. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and Hampden 1 of 3 |
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| 16 | 16 | | SENATE DOCKET, NO. 1658 FILED ON: 1/19/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1297 |
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| 18 | 18 | | By Mr. Fattman, a petition (accompanied by bill, Senate, No. 1297) of Ryan C. Fattman (by vote |
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| 19 | 19 | | of town) for legislation to establish a department of public works in the town of Wales. |
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| 20 | 20 | | Municipalities and Regional Government. [Local Approval Received.] |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 2441 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act authorizing the town of Wales to establish a department of public works. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Notwithstanding any general or specific law, rule or regulation to the |
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| 32 | 32 | | 2contrary, there shall be a department of public works in the Town of Wales. The select board |
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| 33 | 33 | | 3shall appoint a department of public works director, to serve at its discretion, and may remove |
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| 34 | 34 | | 4the director after opportunity for a hearing. The director shall have all the powers, perform the |
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| 35 | 35 | | 5duties and be subject to the liabilities and penalties now or hereafter conferred and imposed by |
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| 36 | 36 | | 6law on town road commissioners. Additionally, the department shall exercise the powers and |
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| 37 | 37 | | 7duties of public works operations of the town not assigned to other departments of the town. The |
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| 38 | 38 | | 8Board of Selectmen may establish an employment contract, subject to annual appropriation, with |
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| 39 | 39 | | 9the director for salary, fringe benefits and other conditions of employment, including, but not |
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| 40 | 40 | | 10limited to, severance pay, reimbursement for expenses incurred in the performance of the duties 2 of 3 |
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| 41 | 41 | | 11of office, liability insurance and conditions of discipline, termination, dismissal, reappointment, |
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| 42 | 42 | | 12performance standards and leave. |
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| 43 | 43 | | 13 SECTION 2. The department of public works established by section 1 of this act may, by |
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| 44 | 44 | | 14bylaw, be granted additional operational powers and duties; provided, however, that all policy |
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| 45 | 45 | | 15making functions assigned to a particular officer or board by statute shall remain the |
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| 46 | 46 | | 16responsibility of such officer or board. Such operational powers and duties could include, but not |
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| 47 | 47 | | 17be limited to: park and recreation construction and maintenance; tree and moth; building and |
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| 48 | 48 | | 18grounds maintenance at municipal buildings, excluding the school department; other related |
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| 49 | 49 | | 19construction and operations assigned from time to time by bylaw as the town meeting considers |
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| 50 | 50 | | 20necessary or desirable. |
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| 51 | 51 | | 21 SECTION 3. Upon the effective date of this act, the elected office of road commissioner |
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| 52 | 52 | | 22shall be abolished and the term of the incumbent of such office terminated. Notwithstanding the |
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| 53 | 53 | | 23foregoing, the elected incumbent holding the office of road commissioner on the effective date of |
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| 54 | 54 | | 24this act shall serve as the first appointed road commissioner and perform the duties of such office |
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| 55 | 55 | | 25until the expiration of the term for which the Town road commissioner was elected or sooner |
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| 56 | 56 | | 26vacates the office and until a director is appointed by the Board of Selectmen in accordance with |
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| 57 | 57 | | 27section 1 of this act. |
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| 58 | 58 | | 28 SECTION 4. No contracts or liabilities in force on the effective date of this act shall be |
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| 59 | 59 | | 29affected by the abolition of the elected office of road commissioner or the creation of the |
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| 60 | 60 | | 30appointed office of department of public works director who shall be the lawful successor of the |
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| 61 | 61 | | 31office so abolished. All records, property and equipment of the offices of the elected road 3 of 3 |
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| 62 | 62 | | 32commissioner shall, by operation of law, be assigned to the office of the appointed department of |
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| 63 | 63 | | 33public works director as of the effective date of this act. |
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| 64 | 64 | | 34 SECTION 5. This act shall take effect upon its passage. |
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