City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Gardner 3-20-1972 by Ord. No. 501. Amendments noted where applicable.]
A. 
There shall be established in the City of Gardner a Department of Public Works administered by a Director.
B. 
The Director shall:
(1) 
Be responsible for and carry out the supervision of the following divisions: Highway, Water, Sewer, Wastewater Treatment Plant, Municipal Garage and Municipal Grounds (inclusive of Parks, Recreation, Cemetery, Forestry, and Plant and Pest Commission). The Director shall have all the duties and powers vested in the separate boards and commissions and any amendments thereto and shall succeed to all rights, privileges, duties and liabilities of said separate boards and commissions.
[Amended 12-2-1974 by Ord. No. 576; 9-17-1979 by Ord. No. 708, 3-7-1983 by Ord. No. 801; 8-6-2012 by Ord. No. 1549; 11-18-2013 by Ord. No. 1563]
(2) 
Meet when requested by the City Council Public Service Committee. The Director shall have the power to make rules and regulations for the governing of the Department of Public Works and sections thereof and shall attend to the proper enforcement of the same. The Director shall have jurisdiction over the sections and over each member of each section. The Director shall sign all vouchers for the Department of Public Works. In the event that the Director is absent from the City, he shall notify the City Auditor in writing of the person designated by the Director to assume his responsibilities during his absence.
[Amended 10-7-1974 by Ord. No. 570; 9-20-1976 by Ord. No. 620, 2-19-1985 by Ord. No. 858; 11-18-2013 by Ord. No. 1563]
(3) 
Appoint on merit and fitness alone and remove all personnel of said divisions contained herein, subject to prevailing General Laws and ordinances.
[Amended 8-6-2012 by Ord. No. 1549]
(4) 
Attend meetings of the City Council and recommend to the City Council for adoption such measures requiring action by it as he may determine necessary or expedient, with approval of the City Council and Mayor.
(5) 
Keep full and complete records of his office and render to the Mayor and the City Council, as often as may be required by them, a full report of all operations under his control.
[Amended 11-18-2013 by Ord. No. 1563]
(6) 
Keep the Mayor and the City Council fully advised as to the needs of the City within the scope of his duties and furnish the Mayor and the City Council, on or before the first day of December of each year, a detailed list of appropriations required during the next ensuing fiscal year for the proper conduct of all departments under his control and make and furnish also a master plan for all major public works for the City, giving priority to the projects in accordance with their necessity and importance, and establish long-range planning as may be determined for the best interest of the City.
(7) 
Cause to be performed all of the work of all construction, reconstruction, alteration, repair, maintenance, and upkeep and all other work incidental thereto of the present Department of Public Works, including the following divisions: Highway, Water, Sewer, Wastewater Treatment Plant, Municipal Garage and Municipal Grounds, inclusive of work incidental thereto of the former Board of Cemetery Commissioners and Park Departments. Such work shall be performed in accordance with the policy of long-range plans and priorities of major projects and capital outlay requirements as may be authorized and established by the Department of Public Works.
[Amended 3-7-1983 by Ord. No. 801; 8-6-2012 by Ord. No. 1549; 11-18-2013 by Ord. No. 1563]
(8) 
Have and exercise all the supervisory powers over the work force pertaining to the assessments of betterments and their abatements vested immediately prior to his appointment and from time to time by general or special law or by City ordinance in the following boards and offices of the City: Highway, Water, Sewer, Cemetery, Forestry, and Plant Pest Control and Park Departments, said commissions being abolished upon the appointment of a permanent director.
[Amended 9-17-1979 by Ord. No. 708; 3-7-1983 by Ord. No. 801; 8-6-2012 by Ord. No. 1549]
(9) 
Coordinate with the City Engineer the direction and supervision of all types of construction and planning relating to divisions herein. Knowledge of the provisions of the General Laws of the commonwealth relating to the operation of the Park and Cemetery Divisions; knowledge of contract procedures; ability to prepare specifications in the procurement of new equipment; ability to train and plan, assign and supervise the work of Department personnel; and ability to establish effective working relationships with employees, engineering personnel, City officials, contractors and the general public shall be required.
[Added 8-6-2012 by Ord. No. 1549]
(10) 
Have all the duties and powers vested in the separate boards and commissions of the Park, Recreation, Cemetery and Recreation Commission, except that the Cemetery Commission shall have sole control and responsibility for the management of perpetual care funds pursuant to MGL c. 114, § 19, and MGL c. 44, § 54. Except as already provided for herein, the Director shall succeed to all the rights, privileges, duties and liabilities of the above-mentioned boards and commissions.
[Added 8-6-2012 by Ord. No. 1549]
C. 
Each petition submitted to the City Council and referred to the Director shall be returned to the City Council with the recommendation of the Director or the reason for the absence of such recommendation within 13 days of the submission of each petition to the Director.
D. 
The duties, powers and responsibilities of said Director may be broadened or diminished at any time by ordinance by a two-thirds vote of the City Council consistent with prevailing General Laws or ordinances.
A. 
The Mayor shall appoint, subject to the confirmation of the City Council, a Director of Public Works for a term of three years. The Director of Public Works shall be especially fitted by training and experience to perform the duties of said office. Said Director shall hold office until his successor is appointed.
[Amended 12-2-1974 by Ord. No. 576; 8-6-2012 by Ord. No. 1549; 11-18-2013 by Ord. No. 1563]
B. 
Said Director may be removed from office in the same manner as department heads as provided by Section 8 of the City Charter.[1]
[1]
Editor's Note: Original Sec. 3 of Ord. No. 501, which immediately followed this section and was amended 12-2-1974 by Ord. No. 576, was repealed 5-17-1976 by Ord. No. 616.
[Added 11-18-2013 by Ord. No. 1563]
The salary of the Director and other employees of the Department of Public Works shall be established in the ordinances designating salaries and wages for the City employees.[1]
[1]
Editor's Note: See Ch. 171, Personnel, Arts. XV and XVI.
[Amended 9-20-1976 by Ord. No. 620; 8-6-2012 by Ord. No. 1549]
All persons employed by and under the supervision of the named divisions, boards and commissions shall, upon the effective date of this chapter, be transferred to the Department of Public Works. All such transfers of personnel shall be made without loss of pay and without change of rating, seniority, retirement or pension rights, or any other privileges under any provisions of this chapter. The incumbent working foremen of the aforementioned divisions and offices affected by this chapter, when transferred to the Department of Public Works as hereinbefore provided, shall become working foremen of the corresponding divisions of said Department of Public Works.