Board of Health asks,
Published on June 2nd, 1999
STONEHAM, MA - As requested, Town Counsel William Solomon provided his legal opinion to the Stoneham Board of Health with regard to the board's power, responsibility and authority.
Appointment, supervision and compensation of employees as well as reorganization and consolidation of the board, were reviewed in Solomon's April 27 reply to the board's inquiry of one month earlier.
In summary, Solomon advised that "...it is the Town Administrator who is the appointing authority, under the Special Act (Selectmen-Town Administrator Act, Chapter 26 of the Acts and Resolves of 1981, as amended), for employees of the Board of Health, since there is no other method of appointment provided for Board of Health employees in the Act..."
This opinion is in contrast to Board of Health Chairman Michael Rolli's contention that "The Board of Health has the supreme authority of hiring..." its public health employees.
However, with regard to supervision, reorganization and consolidation, Solomon advised that the Board of Health's authority reigns.
"...it is the Board, pursuant to Section 10(a) of the Special Act, and not the Town Administrator, that supervises and directs the employees of the Board of Health," wrote Solomon.
Citing Section 10(b) of that act, Solomon also offered, "Since the Board of Health is not under the direction and supervision of the Town Administrator, it is the Board of Health which...has authority with respect to its organization and consolidation."
Regarding compensation of employees, Solomon advised that the Town Administrator fixes the compensation of the employees of the Board of Health as stated in the Special Act.
Rolli clarified this, however, stating that Town Meeting approves employee compensation through a vote to approve the town's budget, based on the Town Administrator's recommendation.
"I would have liked to get more appointing authority," said Board of Health Chairman Michael Rolli in response to Solomon's memorandum.
Along with his request for a legal opinion, Rolli sent supporting documents referring to cases in Wakefield and Billerica in which judgements were made in favor of the authority of the boards of health in those communities.
"I think those...supersede any other regulation," said Rolli.
Solicitation of Solomon's opinion in part stemmed from the Board's initial disagreement with Town Administrator Jeffrey Nutting's budgetary recommendation regarding hiring of a public health nurse.
What was at one time filled by two full-time employees, the job of the town's public health nurses has recently been performed on a part-time basis by registered nurse Marge Neylon.
Nutting had proposed staffing the position with two part-time nurses at 15 hours each. The board instead requested hiring one full-timer, asserting that to do so would likely attract more interest and commitment from candidates.
A compromise led to the subsequent advertising of and interviewing for two 18-hour positions.
"We're hoping to get approval any minute now," said Rolli this week. Imminent filling of the positions is necessary, he said, since Neylon has indicated that she will retire soon.
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