Squawk box
Published on March 5th, 2003
STONEHAM, MA - It has become a typical event at Stoneham Board of Selectmen meetings over the last several months. Stoneham residents wait in the rear of the Stoneham Town Hall Hearing Room as the Selectmen wade through public hearings and approval of meeting minutes, and the observers bide their time to spring complaints on the Board of Selectmen.
The complaints usually center around behavior or decisions made by town officials or local boards, and then slowly deteriorate into a one-sided account of the details. The discussion is also characteristically marked by the absence of the Board or official in question.
In most cases, the complainants have been invited by a single member of the Board of Selectmen to air their concerns amid an uninformed group of four other Selectmen.
With this in mind, Town Administrator Dave Berry has issued a memo to town officials concerning the chain of command for complaints, and has requested that local media relay the message to Stonehamites, one and all.
?If you have a complaint concerning unprofessional or disrespectful treatment by a Town employee, please submit your complaint first to the head of the town department having jurisdiction over the employee,? wrote Berry in the memo. ?If your complaint is not resolved satisfactorily by the department head, or if your complaint involves the department head, then submit your complaint to the Town Administrator for resolution.?
Berry was troubled that complaints were coming through separate channels without a chance for him to do his job.
?I think it?s necessary for that step to be a part of the process,? said Berry in an interview with the Independent. ?There?s a difference between a problem with a technical result, and a complaint about the conduct of a town official. In most cases, the Board of Selectmen aren?t equipped with the kind of expertise needed to address judgement calls made by our technical experts.?
Berry further explained that a resident can even hurt their potential case by breaking the chain of command, and bringing the discussion outside those directly involved.
?It is important that anyone with a complaint not discuss the complaint with any Town employee or Town official, who is not a part of the complaint (other than the Department head or Town Administrator). Complaints can be more effectively and efficiently by the Town if directed to appropriate department head or Town Administrator. It is strongly preferred that complaints be submitted in writing,? wrote Berry.
Berry explained that, during instances of unprofessional behavior, a paper trails is needed to document such complaints.
?Our employees have rights and, in times when our employees might be guilty of unprofessional actions, we need a documented history of this behavior,? said Berry. ?We would be setting ourselves for a large financial loss if we removed an employee without a legitimate, documented reason. It could hurt the Town if the employee knew their full rights...and most people have full knowledge of their rights these days.?
?Any problems can be handled fairly quickly if there is documentation to back it up,? said Berry.
Berry did note that he was surprised by the amount of complaints surrounding town employees and boards, after moving to Stoneham from a similar Town Coordinator position in Bolton, Ma. Berry believes there is a philosophical difference between governing bodies in Bolton and Stoneham.
?I think there is a cultural difference between the two communities when it comes to complaints within the town,? said Berry. ?When people have a problem here in Stoneham, they contact their Selectmen about the complaint.?
Berry would like to change that thinking, and invite people to make an appointment with him to discuss any issues of unprofessional conduct.
?The complaint procedure applies only to complaints involving perceptions of unprofessional or disrespectful treatment; it does not apply to complaints involving technical issues, or issues involving enforcement or interpretation of any law, bylaw, code regulation etc,? wrote Berry. ?Anyone with a complaint involving a technical issue, or enforcement or interpretation of any law, must discuss the complaint first with the employee involved in the technical issue or enforcement action or interpretation. If the employee?s response to a complaint involving a technical issue is unsatisfactory, then discussion with the appropriate department head should occur.?
?If the employee?s response to an enforcement action or interpretation is not satisfactory, then the only recourse is to appeal the decision under the appropriate appeal procedure,? continued Berry in the memo. ?It is important to understand that Town officials not possessing the appropriate technical expertise, or not authorized to enforce/interpret laws, do not possess the expertise or authority to resolve such complaints. They can only facilitate discussion. Note finally, that complaints against board or committees must be handled by the board or committee, or by the authority appointing the board or committee. Such complaints cannot be handled by a department head or the Town Administrator.?
Berry hoped that further complaints against the town could be kept in-house, and that a little private process could solve a lot of public problems.
Subscribe and get Home Delivery of The Independent
Save 36% off the newstand price — that's like 18 FREE issues!