[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 9-19-1985. Amendments noted where applicable.]
Notwithstanding the provisions of any general or special law or any ordinance, there shall be established a Department of Public Works.
The Department of Public Works shall be supervised by a Superintendent of Public Works appointed by the Mayor and subject to confirmation by at least seven members of the City Council. All appointments to the position of Superintendent of Public Works, both permanent and temporary appointments which exceed 60 days, shall require confirmation by the City Council.
[Amended 2-5-2002 by Ord. No. 02-02; 2-17-2009 by Ord. No. 09-77]
The Superintendent shall be appointed for a term of five years.
The Superintendent shall be the head and have general supervision of the Department of Public Works.
The Superintendent shall have all powers and duties prescribed by this chapter.
The Superintendent may be removed for just cause by the Mayor, with the approval of seven members of the City Council, after public hearing held by the Mayor, upon a seven-day notice, in writing, at the residence, preferably in hand, setting forth the cause and the time and place of hearing.
The Superintendent of the Department of Public Works shall not be a civil service position.
The Superintendent of the Department of Public Works shall be deemed to be a managerial and confidential employee as defined in MGL c. 150E and shall not be included in a collective bargaining unit or entitled to coverage under said chapter.
Qualifications shall include an engineering degree, preferably in civil engineering, with three to five years of management experience. The Superintendent shall be a registered professional engineer in Massachusetts (civil or related field).
[Amended 2-5-2002 by Ord. No. 02-02]
[Added 6-17-1986; amended 11-7-1991 by Ord. No. 91-69A, 91-69B, 91-69C and 91-69D; 2-5-2002 by Ord. No. 02-02; 6-19-2007 by Ord. No. 07-54]
The Department of Public Works shall have all the duties, responsibilities, powers and function vested by general or special law or any ordinance in any of the following Departments, which are hereby abolished as separate entities: Engineering, Parks, Flood Control, Cemeteries, Highway, Sanitation, Wastewater Treatment, Forestry and Central Maintenance Garage. Recreational programs will not be the responsibility of the Department of Public Works.
The Department of Public Works shall have the duties, responsibilities, powers and function of the City of Chicopee Water Department as vested by the City of Chicopee Water Commission. Such duties shall include the general supervision of the day-to-day operations of the City of Chicopee Water Department. The City of Chicopee Water Commission, however, shall retain sole authority over all contracts, all purchases, the value of which exceeds $10,000, abatements, disputes, including, but not limited to, those issues upon which the Superintendent of Water and the Superintendent of Public Works cannot agree, all final hiring decisions, promotions, and the setting of water rates.
[Added 12-15-2015 by Ord. No. 15-70]
Editor's Note: This ordinance also provided for the repeal of former Sections III through VIII.
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
The Department of Public Works shall be organized to include the following Divisions:
Administrative Division: consisting of all managerial, business, and clerical functions of the office of the Superintendent of Public Works.
Public Utilities Division: consisting of all water pollution control operations and flood control.
Public Services Division: consisting of all street, sidewalk, and infrastructure construction and maintenance, integrated solid waste management operations, including solid waste pickup and recycling, DPW building maintenance, as well as any forestry services.
Engineering Division: consisting of all engineering services required by the City.
Parks and Cemetery Division: consisting of all parks and cemetery maintenance purposes.
Water Division: consisting of the general supervision of the day-to-day operations of the City of Chicopee Water Department as vested to the Department of Public Works by the City of Chicopee Water Commission.
[Added 12-15-2015 by Ord. No. 15-71]
The Superintendent may arrange the organization of the department functions, divisions, and groups as shall be necessary to most efficiently manage the personnel and equipment of the Department.
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
The Superintendent of Public Works shall:
Have the overall responsibility and shall supervise and direct all municipal public works projects, excluding those undertaken by the Electric Light Department.
Supervise, direct and control the construction, alteration, repair and maintenance of all City parks, playgrounds, cemeteries and public grounds, along with any structures or facilities on those grounds, except that all recreational programs and the setting of rules and regulations for the use of park grounds and apparatus shall not be a function of the Department of Public Works but rather shall remain a function of the Parks and Recreation Commission. All powers and duties previously vested in the Superintendent of Parks and Recreation relative to parks and cemetery maintenance shall hereby be assumed by the Superintendent of Public Works.
Supervise, direct and control all construction, alteration, repair and maintenance of public streets, roads, lanes, squares, sidewalks, bridges, sewers, storm drains and all appurtenances thereto. All powers and duties previously vested in the Superintendent of Streets according to Chapters 16, Art. IX; 230; 243 and 260 of the Code of the City of Chicopee shall hereby be assumed by the Superintendent of Public Works.
Have charge of the collection and disposal of all garbage, ashes, rubbish and other wastes. Wherever Chapter 169 of the Code of the City of Chicopee refers to "Superintendent," it shall mean Superintendent of Public Works. Recycling programs mandated under Chapter 223 of the Code of the City of Chicopee shall be under the supervision and control of the Superintendent of Public Works.
Supervise and direct the operation and maintenance of all water pollution control activities, including treatment facilities, pump stations, sewer collection system, and combined sewer overflow mitigation, as well as the City's pretreatment program.
Have full charge of the management and operation of the municipal flood-control system, which shall include supervision, repair and maintenance of dikes, pumping stations in connection with the dikes and all other machinery or equipment used in the care and operation of the dikes along the Connecticut River and the Chicopee River and any other dikes that are now erected or may be erected in the City.
Be responsible for and in control of all engineering services, examinations, plans, statements and specifications which may be needed by any department in the City in the discharge of its duties. The City Engineer shall continue to be responsible for the duties specified in Chapter 28 of the Code of the City of Chicopee under the direction of the Superintendent of Public Works.
Supervise, direct and control all forestry services in the City, which services shall include the care, preservation and maintenance of all public shade trees, shrubs and growth in the City, including any removal, trimming or planting of trees as necessary.
Be responsible for and in control of all Department of Public Works purchasing, the solicitation of bids, inventory control and overall personnel management.
Supervise the work of all private contractors working on City property or pursuant to municipal authority.
Review plans and supervise construction of all municipal public works projects, including all federally financed and/or state-financed public works projects.
Supervise, direct and manage all construction, alterations, repair and maintenance of the water distribution system, including all appurtenances thereto, owned by the City of Chicopee, all of which shall be subject to the final approval of the City of Chicopee Water Commission.
[Added 12-15-2015 by Ord. No. 15-72]
[Added 6-17-1986; amended 2-5-2002 by Ord. No. 02-02]
It is the intent of this chapter that any and all commissions affected by this chapter would continue to exist, except that the Flood Control Commission shall be hereby abolished. In that regard, the Parks and Recreation Commission and the Commissioners of the Fairview Cemetery, will continue to function as policy-making bodies and shall retain control and responsibility for any and all programs previously under their jurisdiction. These Commissions shall no longer be responsible for the repair, maintenance or construction of buildings, structures and grounds previously under their jurisdiction or for the employ of persons responsible for such repair and maintenance.
[Added 6-17-1986; amended 9-1-2009]
All persons employed by or under any departments whose functions are consolidated by this chapter shall, upon the effective date of this chapter, be transferred to the Department of Public Works without loss of pay or change in rating, seniority privileges, retirement or pension rights or any other privileges under any provisions of law, ordinance or contract, except as a result, if any, of the consolidations which shall be approved by the Mayor and City Council. Subject to approval of civil service, job titles may be changed or eliminated based on the recommendations of the Superintendent upon approval of the Mayor and City Council.
The incumbent department heads whose functions are consolidated by this chapter shall, upon the effective date of this chapter, be transferred to the Department of Public Works and shall be subject to the direction and control of the Superintendent of Public Works and shall report to him. Subject to the discretion of the Superintendent, they may be assigned duties which correspond with their prior positions or they may be assigned additional duties in order to effectuate this chapter.
Under the direction of the Superintendent of Public Works, each department head (i.e., City Engineer, Park Superintendent, Wastewater Chief Operator) shall be deemed a Deputy Superintendent having control and authority over the division assigned to him/her. During the temporary absence or disability of the Superintendent, each Deputy shall exercise full authority over the division(s) under his/her control. The Superintendent may, by letter filed with the Mayor, designate a qualified member of the Department or other City official to perform administrative duties as required. In the event of the failure of the Superintendent to make such a designation, the Mayor may so designate such person to perform the administrative duties of the Superintendent until his return or his disability shall cease.