PETITION OF:

AN ACT AUTHORIZING THE TOWN OF WAYLAND TO ESTABLISH A DEPARTMENT OF PUBLIC WORKS.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. There is hereby established in the town of Wayland a Department of Public Works, in this act called the department, which shall be under the supervision, direction and control of the Town Administrator.

SECTION 2. (a) There shall be a Board of Public Works consisting of five members, in this act called the board. From the effective date of this act until not earlier than the conclusion of the 2010 annual town election, the members of the board shall be designated as follows: (i) one member who shall be appointed by the Board of Road Commissioners ; (ii) one member who shall be appointed by the Board of Water Commissioners; (iii) one member who shall be appointed by the Park and Recreation Commission; (iv) one member who shall be appointed by the Board of Health; and (v) one member who shall be appointed by the Board of Selectmen. In making their appointments to the board, the Board of Road Commissioners, the Board of Water Commissioners, the Park and Recreation Commission and the Board of Health shall consider their respective current and former members. When the board so appointed first enters upon the performance of its duties it shall file written notice thereof with the Town Clerk and the Board of Road Commissioners and the Board of Water Commissioners shall thereupon be abolished and the Park and Recreation Commission shall thereafter be known as the Recreation Commission. Vacancies occurring in the board after its initial appointment and before the conclusion of the 2010 annual town election shall be filled by roll call vote of the Board of Selectmen and the remaining members of the board acting jointly. Commencing with the 2010 annual town election, the manner of selection of the members of the board shall be by election at the annual town election. The initial members thereof shall be elected, one to serve for one year, two to serve for two years, and two to serve for three years, and thereafter when the term of any member expires, such member's successor shall be elected for a term of three years. In all cases, each member shall serve until his successor is appointed or elected, as the case may be, and qualified. Vacancies in the elected board shall be filled in accordance with Section 11 of Chapter 41 of the general laws. All members of the board shall be registered voters of the town.

(b) The board shall have the powers and duties of the following boards, commissions, committees and officers now or from time to time vested by general or special law or by town by-law in the following boards, commissions and officers, except as provided in this act:

1) road commissioners and Board of Road Commissioners;

2) surveyors of highways;

3) superintendent of streets;

4) water commissioners and Board of Water Commissioners;

5) park commissioners, except conducting recreation activities or programs;

6) cemetery commissioners;

7) tree warden; and

8) any other public works related powers and duties that may be from time to time vested in the board by general or special law, town by-law or town meeting vote.

(c) The town's sanitary landfill and any other solid waste disposal facilities or services that may be provided, made available or arranged by the town shall be under the supervision and control of the board. The existing sanitary landfill is comprised of the parcel of land containing 5.9 acres, more or less, and comprising a portion of the so-called Old Landfill located on the southerly side of Boston Post Road and described in an order of taking dated March 30, 1970 and recorded with the Middlesex South Registry of Deeds in Book 11816, Page 625 and the parcels of land located off the northerly side of Boston Post Road, containing, in the aggregate, 37.54 acres, more or less, and comprising the so-called Sandhill Landfill and described in an order of taking dated June 5, 1967 and recorded with said Registry of Deeds in Book 11351, Page 146 and an order of taking dated March 8, 1971 and recorded with said Registry of Deeds in Book 11977, Page 704, and the structures situated on said parcels of land.

(d) In addition, the board shall be responsible for the custody, care, management, control, operation, repair and maintenance of all town-owned land, equipment, facilities, vehicles and other personal property and accounts, budgetary funds, other funds and staff formerly under the jurisdiction of the Board of Road Commissioners, the Board of Water Commissioners, and the Park and Recreation Commission and used by said commissions for public works or park purposes. In consultation with the Recreation Commission, the board shall annually establish a plan for the periodic maintenance, repair and improvement of all town-owned land on which programs, events and activities are conducted or coordinated by the Recreation Department. The board shall be responsible for carrying out the plan.

(e) The board shall have the authority to adopt and amend rules and regulations relative to all matters and affairs under its jurisdiction. Prior to adopting or amending such rules and regulations, the board shall hold a public hearing thereon, notice of which, giving the time, date and place, shall be placed in a newspaper of general circulation in the town, once in each of two successive weeks, with the first such publication being not less than fourteen (14) days before the hearing. Any such rules and regulations so adopted or amended shall be filed in the office of the town clerk whereupon they shall take effect. After any such rules and regulations are so filed, they may be published and included in the Code of the Town of Wayland or in separate pamphlets and shall be posted on the Town's official website or on the official website of the board and a copy shall be filed in the Town Library.

SECTION 3. The Town Administrator, in consultation with the board, shall appoint, fix the tenure, compensation and fringe benefits of, and may enter into an employment agreement with a Director of Public Works, subject to appropriation and the provisions of the town's by-laws and personnel by-laws and wage and salary classification plan. The director shall exercise and perform, under the operational and administrative direction of the Town Administrator and the policy direction of the board, the powers, rights and duties which have been transferred to the department hereunder and as set forth in the town's by-laws. The Director need not be a resident of the town during tenure of office. No member of the board shall be eligible for appointment as Director of Public Works. The director shall be a managerial and confidential employee as such is defined by Massachusetts General Laws Chapter 150E and relevant case law from the Massachusetts Labor Relations Commission.

SECTION 4. No existing contract, agreement or liability shall be affected by the abolition or modification of any board, commission or office effectuated by this act, but the board shall in all respects be the lawful successor of the boards, commissions and offices so abolished or modified.

SECTION 5. Each regular full time or part time employee of any board, commission or office abolished or modified by this act shall be transferred to and become an employee of the department. No such employee shall forfeit rate of compensation, grade, step, or time of service solely on account of the establishment of the department. All collective bargaining agreements or employment contracts in force on the effective date of this act shall not be affected by this act. Nothing in this section shall be construed as limiting the town's rights including but not limited to the right to determine the level of services, to reorganize, to create and abolish positions, to combine positions, reclassify positions, modify the organizational structure of the Department of Public Works, or to negotiate and agree to amendments, modifications or revisions to any collective bargaining agreement or employment contract or to or amend or modify any by-law of the town in accordance with law.

SECTION 6. Chapter 130 of the Acts of 1962 is hereby repealed.

SECTION 7. Chapter 254 of the Acts of 1966 is hereby repealed.

SECTION 8. Establishment of Recreation Commission; Recreation Director.

(a) Upon the filing of written notice in accordance with Paragraph (a) of Section 2 of this act, the town's Park and Recreation Commission shall be thereafter known as the Recreation Commission. The Recreation Commission shall consist of five members elected for terms of three years. The terms of the members of the Recreation Commission shall be staggered as the terms of the Park and Recreation Commission are so staggered. The members of the Park and Recreation Commission in office immediately prior to the effective date of this act shall continue in office as members of the Recreation Commission provided for in this section.

(b) The Recreation Commission shall have the power and authority to conduct recreation programs and activities on land or in facilities or buildings owned, leased or held by the town for park, playground or recreation purposes, and, with the approval of the school committee, for school purposes.

(c) In addition, the Recreation Commission shall be responsible for the custody, management, control and operation of all accounts, budgetary funds, other funds and staff formerly under the jurisdiction of the Park and Recreation Commission and held or employed for playground or recreation purposes.

(d) The Town Administrator, in consultation with the Recreation Commission, shall also have the power and authority to appoint, fix the tenure, compensation and fringe benefits of, and may enter into an employment agreement with a Recreation Director, subject to appropriation and the provisions of the town's by-laws and personnel by-laws and wage and salary classification plan. The Recreation Director shall exercise and perform, under the supervision and direction of the board and the administrative direction of the Town Administrator, the powers, rights and duties of the commission set forth in this section and the town's by-laws. The Recreation Director need not be a resident of the town during tenure of office. No member of the board shall be eligible for appointment as the Recreation Director. The Recreation Director shall be a managerial and confidential employee as such is defined by Massachusetts General Laws Chapter 150E and relevant case law from the Massachusetts Labor Relations Commission.

SECTION 9. This act shall take effect on July 1, 2009.