§ 35-1. Establishment; powers and duties.
§ 35-2. Effect on employees and abolished departments.
§ 35-3. Superintendent.
§ 35-4. Equipment.
§ 35-5. Job descriptions.
§ 35-6. Establishment of Cemetery Commission and Recreation Commission.
§ 35-7. Tree Warden’s functions.
§ 35-8. Act to constitute bylaw.
§ 35-9. Submission for acceptance.
[HISTORY: Accepted at the 5-8-1989 Annual Town Meeting as Ballot Question No. 1. Amendments noted where applicable.]
GENERAL REFERENCES
Charter – See Charter
Town manager – See Ch. 29
Sewers – See Ch. 144
Streets and Ways – See Ch. 153
Trees – See Ch. 153
Cemetery Commission – See Ch. 214
§ 35-1. Establishment; powers and duties.
There is herby established in the Town of Great Barrington a Department of Public Works, which shall have all the powers and duties now vested by the General Laws and town bylaws in the Highway Department, Sewer Department, Cemetery Department, Parks Department and the office of Tree Warden. Upon acceptance of this act by said town, as hereinafter provided, the aforesaid departments are hereby abolished and their powers and duties shall be transferred to and shall be under the direction of the Department of Public Works.
§ 35-2. Effect on employees and abolished departments.
No contracts or liabilities of said departments in force on the date of acceptance of this act shall be affected by such abolition and transfer, and the Department of Public Works shall in all respects be the lawful successor of the department so abolished. All employees of those departments shall immediately upon the effective date of this act, be transferred to the Department of Public Works and shall not lose under this change or transfer any rating, seniority, retirement or pension rights or any other rights or privileges under any provision of law whatsoever.
§35-3. Superintendent. [Amended 5-6-2002 ATM, Art 21]
The Department of Public Works shall be supervised by a Superintendent of Public Works appointed by the Town manager, who shall be Commissioner of Public Works. Said Superintendent shall preferably hold a degree in civil engineering and be a professional engineer registered in the Commonwealth, or shall posses equivalent qualifications as determined by the Town Manager. He or she shall be responsible for the operational and administrative functions of the Department of Public Works in accordance with a job description to be developed by the Town Manager. The salary and term of office of said superintendent shall be determined by the Town Manager subject to appropriation by the Town Meeting. Said Superintendent shall hold office subject to the will of the Town Manager.
§35-4. Equipment.
All equipment owned by the Town of Barrington and under the control of the Highway, Sewer, Cemetery or Parks Departments or the Tree Warden shall, upon acceptance of this act, be under control and supervision of the Department of Public Works.
§35-5. Job Descriptions.
Upon acceptance of this act by the town, the Town Manager shall prepare and provide job descriptions for the employees of the Department of Public Works.
§35-6. Establishment of Cemetery and Recreation Commission.
[Amended 5-17-2004 ATM, Art 21]
There is hereby established in the Town of Great Barrington, effective upon acceptance of this act by the town, a Cemetery Commission and a Recreation Commission. Each~Commission shall consist of three members appointed by the Town Manager for terms identical to the previous elected terms of said Commissions. (Members of the Cemetery Commission and the Parks and Recreation elected on the date of acceptance of this act, and elected incumbents whose terms do not expire until subsequent elections, shall be appointed members of said Commissions and shall serve until the expiration of their elected terms.) The Cemetery Commission shall control all business matters pertaining to the town’s cemeteries, other than maintenance and shall control the care and expenditure of
perpetual care funds as provided in Chapter 35 of the Acts of 1934, and the Recreation Commission shall be responsible for formulating and administering the town’s recreational program.
Establish the membership of the Parks and Recreation Commission as up to seven (7) members.
Establish the membership of the Cemetery Commission as up to four (4) members.
Increase term of appointment from one year to three years with staggered terms.
§35-7. Tree Warden’s functions.
Notwithstanding the provisions of §35-1 of this act, the incumbent Tree Warden on the date this act is accepted by the Town of Great Barrington shall continue to perform all the functions of said office under the direction of the Superintendent of Public Works.
§35-8. Act to constitute bylaw.
This act shall constitute a general bylaw of the Town of Great Barrington, and any further changes in the composition or administration of the Department of Public Works shall be accomplished by amendments to said bylaw in the manner provided in the Great Barrington Code.
| 
