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HomeMy WebLinkAbout1991-09-03 Board of Health Minutes lvck. 4, Board of Health Meeting September 3 , 1991 New Business McMillian asked John Rizza and Gayton Osgood if there was any new business. Gayton Osgood: I don't have any new business. John Rizza: No McMillian: Well there is one issue that I would like to bring up and its a personnel issue concerning our health agent. I don't know whether or not we should declare this an executive . . . go into executive session to discuss it. Osgood: I don't know either. You know I got a copy of the open meeting law and the reason I 'm so fussy about this is because I personally took the Board of Selectmen to court on the open meeting law and won. And so I know that if I 'm involved in a meeting that doesn't comply to the law somebody's going to come looking for me. So, the open meeting law is fairly basic. It says essentially that you have to open the meeting like we did. You can't just say we're going to have an executive session at 7 : 00. You have to have a meeting, you have to open it and then go into executive session. Here' s what it says about people "To discuss the reputation, character, physical condition, or mental health rather than the professional competence of an individual, provided that individual involved in such executive session has been notified in writing etc. , etc. and can be present. The second thing; to consider the dismissal - discipline or dismissal of/or to hear complaints charges brought against a public officer, employee, staff member, individual, provided that the individual involved has the right to be here. The other reasons are to discuss collective bargaining, investigate charges of criminal misconduct, consider purchases, leases or value of real property and to comply with the provisions of any special general special law of federal grant and aid requirement. " So really the only two that would apply would be the first two, but you know . . . its a judgement call . What are we going to discuss? Are we going to discuss Allison' s mental physical state, I mean if we're just going to discuss her competence, we can't go into executive session. McMillian: Well I think we're (not) going to discuss more than her competence. I think we're going to discuss issues concerning her role in Town government and so forth. And I don't know why that has to be, since it is a personal issue, I don't know why that has to be an open meeting. Conboy: But is it me personally or is it the Board of Health and Town government? Osgood: Well then if its not you personally, then we can't go into executive session at all. McMillian: That's right it's a personal thing that we have to discuss. s Osgood: But if for instance we're going to discuss Karen' s `+ professional competence or her, complaining about her, she has a ' right to be here. So we have to be careful about that. McMillian: Yah. I don't think we 're planning to do that. Osgood: Okay, as long as we're not, I have no problem. I just f brought this in because I know that . . . . . . Conboy: But if your discussing my competence you can have an executive session? Osgood: No, if we're discussing your competence we can't. Conboy: Cannot Osgood: We only. . .We're discussing other aspects of your, read it, it's interesting. McMillian: Well I think we have to have a discussion on this before things go too far here. McMillian: Well we've met the first part, we 're having an open meeting. Osgood: I don't have any problem having executive session as long as we don't drag this thing out. McMillian I think we fill the first criteria. Discuss the reputation, physical character, mental health rather than the professional competence of the individual . But the individual involved in such executive session has been notified in writing by the governmental body at least forty eight hours prior to the executive session. You were notified? Osgood: Well she can waive that requirement if she wants to. McMillian: Notification may be waived upon agreement of the parties. McMillian: I think we meet (have met ) the first criteria. McMillian: I will accept a motion from one of you gentlemen to go into executive session. Osgood: That' s what I ' ll move that we go into executive session. Nelson: And if it has to do with personnel matters and I think I belong here. McMillian: Are you a member of the Board of Health? Nelson: No I am not a member of the Board of Health. McMillian: Well I don't . . . . . Nelson: And I 'm not here to create any problems at all. I want to make that very clear to the three members and Allison. I 'm { here I think to probably hear her and not even say a word as to some of the important issues that effect the Division. See if these issues can be worked out. . . . .within the frame work of which the other Boards in the Division and the other staff people have over the past years as I have been the Director of Planning and Community Development. I do believe that it has to do with some of the open meeting law issues and I would suspect that nothing that you' re going to be discussing this evening would be nothing that I shouldn't be privy to anyway since I was part of the interview process of hiring Allison. I was in favor of hiring Allison. I don't quite understand why I would want to be included in part of that process of the Board of Health and the Board of Health wanting me to be a part of that process and now not wanting me to be a part of this process. I administratively have to look into keeping your office going on a day to day basis, whether it be by reading the Charter or what ever. And I don't see how it would become a situation of conflict. I don't. Personally or professionally. McMillian: Already there has been issues of conflict raised. First of all, a letter was written to me concerning some of the issues. Allison was brought on the carpet because of such letter. I never said anything to anybody about that letter. Someone. somehow got the letter so there are devious things happening. Nelson: I don't believe anything is devious. McMillian: Well for any reason, the accusations were made that there was a mole in the office and that someone had given the letter out and soforth. None of the three of us have given the letter out. It was sent to me. They never even got the letter. I was sort of (it was implied) that since I was the only who received the letter that I went around to Jim and talked to you and soforth, which presented a conflict. And that' s hardly the truth. Nelson: So how does that have to do with Allison' s ability to carry out her job. McMillian: It' s becomes a personal issue. It a personality conflict. Nelson: Between who? McMillian: Obviously there are problems between you and there ,t are problems between Allison. { Nelson: I have no problems with Allison. McMillian: Then why was the letter generated? Nelson: I have no idea. McMillian: Well then obviously there is a problem. Nelson: I would expect Allison to be able to talk to me about those problems. McMillian: She isn't. Obviously in this forum. I don't think she is. I think both of you should be out of this discussion and let the three member of the Board to discuss this and invite you back. See what we feel would be an appropriate action. I just don't think it would be logical or unbiased. j Nelson: I just want to make it clear that I 'm not here to create anymore hostilities, whether it be between the Board or Allison, I 'm here because I feel it is getting out of hand. McMillian: That' s my feeling also. Nelson: I believe it is a situation that I 'd make every attempt to make it resolvable, however I feel it takes all parties to resolve. I want to make sure that if my name is going to be discussed I would just like to be able to be here so that I know ' what's going to be discussed in regards to my professionalism, my ability to carry out my job if that's being questioned, I think I should be here. Osgood: Why don't we meet in executive session and discuss the position McMillian: That' s exactly what I 'm going to do. Conboy: I have a few things to present on that. Osgood: But I mean with either one of them. McMillian: That's what I 'm saying. Osgood: Ok, Ok McMillian: Both of them should be absented from this discussion and we can discuss this among ourselves and then invite you back in. And if we can have a tay-to-tay at that time, fine. But I think that we as three members, haven't been talking on the phone with respect to the open meeting law. Nelson: I appreciate that. McMillian: We have not done anything, we have not coerced anyone. Nelson: And I don't think that you have. McMillian: I haven't really discussed anything with these gentlemen. We haven't talked. I was the only one who received a letter and I perceive a problem in the Town government in this aspect, right here. And I think we ought to nip it in the bud and that' s why I want to discuss it among the three gentlemen here. Alright? Nelson: That' s fine. Osgood: Do you have a problem with that? Nelson: No I don't. Conboy: Can I have copies of the Town Charter. Can I just point out a few things. In the Town Charter, the Board of Selectmen can appoint the Board of Health and a Health Agent, but it is in conflict with the state law. Osgood: The Town Manager appoints the Board of Health. Conboy: Right. But it also says the Board "Subject to the approval of the Board of Selectmen (this is 4 4 1) the Town Manager shall have the power to appoint and on basis of merit and fitness alone, and except as may otherwise be provided by general law, this charter, or personnel bylaws may suspend or remove a Board of Health and/or a health agent. " Osgood: When there talking about a Health Agent, in there they're not talking about you. What there talking about is there is a provision in the law, there talking about a Director of Public Health as most other references of that in the charter. There is a provision in the State Law that you don't have to have a Board of Health. Conboy: Right if you have an agent. Osgood: Right, who' s a doctor (MD) . Conboy: Right. Osgood: That ' s what their talking about, not your position. Conboy: Right Osgood: So when they talk about the Selectmen or the Town Manager appointing this person, they're noting talking about your position. Conboy: So in that sense you're saying ok, it' s not in conflict. The other thing is that the Town Manager should appoint the Board of Health . . . unless the Manager shall replace the Board with the Health Agent with the approval of the Board of Selectmen. Osgood: Yah but again that's the other provision of state law. McMillian: If there's no Board. Osgood: There's no chance in the world that we're ever going to do that because you have to have a doctor who' s licensed to practice in Massachusetts, who chooses not to. You know. And just devotes all his time to being Director of Public Health and no MD is going to give up his practice to run this Board of Health. Conboy: But in the (I have them here) the Board of Health can be an inspectional department but it can't be under the Division of Planning, although in the Charter it says it can. McMillian: I thought it was put in the Charter that its suppose to be under the . . . some division . . . there has to be some control. Conboy: In the Charter it's under the Division of Planning. But I don't know if they ever had Town Counsel review the Charter or the Attorney General. Osgood: Yah, the Attorney General approved that Charter. It didn't go into effect until it was approved. Conboy: Did they look at it? Osgood: I assume so, I don't know, they approved it, it only took six months or so. Conboy: And did our Town Counsel review it? Osgood: Oh . . . Yah this was a long process, couple of years. This wasn't something somebody chartered in an afternoon, you know. It's a long, drawn out thing. Rizza: Committee's Osgood: Oh yah and they had a consultant, they had lawyers, and then they had to go to the Attorney General 's Office. McMillian: I don't know which takes prescient, but it seems to me that . . . . Osgood: Well the General Law does. McMillian: General Law . . . . . . Well the General Law, but I mean I don't think that the Board of Health is an autonomous division, separate from any jurisdiction from Town Authority. I don't think it is. Osgood: In some respects it is, but administratively it isn't. McMillian: In some respects. Administratively I don't think it is. Conboy: Administratively it isn't, but can't be under another department. Osgood: Why not? Conboy: In other words, if you're reviewing subdivision plans for the Division of Planning and the Division of Planning is your supervisor. . . . . Osgood: Administratively, it can be any way that they, the Town wants it to be. I mean . . . . . Rizza: The Town pigeon-holed it under Planning. Nelson: Well its Planning and Community Development. Its trying to take under environmental land use and I 'm assuming that what they (I didn't go to any of the hearings) but they f igured that was the slot to place it in. Osgood: Yah, that was the idea. McMillian: It has autonomy in matters of Public Health Policy Osgood: Right. McMillian: Period. But I mean it still has to have a Director or some overseer. Osgood: Right. McMillian: As far as I can see. I don't think there is a legislation that meant it to be completely running freely by it's self. Osgood: No. But what the legislature was pretty clear about was that they don't want politics entering into decisions with regard to public health. And that is pretty clear all the way through the law. McMillian: Exactly. Osgood: But it doesn't tell you in the law how to administer your own Town. McMillian: Alright. Those basic precepts accepted, you ladies can be excused. Osgood: I don't think we're going to be in executive session very long. McMillian: Were not going to be in executive session too long, but just let us discuss a few things. Nelson: Alright, I 'll shut this thing off. BOARD OF HEALTH MINUTES SEPTEMBER 3, 1991 MEMBERS PRESENT: Francis P. MacMillan, M.D. , Chairman, John S. Rizza, D.M.D. , Member, Gayton Osgood, Member, Michael Rosati, Health Agent, and Allison C. Conboy, Health Administrator. SEWER TIE-IN - BUTCHER BOY - TREADWELLS - LOFT: The Board agreed to have Ms. Conboy speak with Mr. Yameen in reference to them tying in and to update the Board at a later date. FLOWAGE, INC. LETTER: The Board reviewed a letter from Mr. Bob Webster regarding payment process. No action taken. ANIMAL CONTROL OFFICER: Ms. Conboy stated that she had no response from a letter she sent to Mr. Gordon regarding an Animal Control Officer. The Board informed Ms. Conboy that Mrs. Susan Northam, Animal Control Officer, will be back on the job soon. GREASE TRAPS: A general discussion ensued in reference to grease traps. No action taken. FLU CLINIC• The Board discussed the procedure of the upcoming flu clinic and what is needed to get ready. The Board of Health is responsible for hiring the Haverhill Visiting Nurse, getting the syringes, bandaids and alcohol swabs, and contacting BFI for the disposal of the syringes. The Health Office also sets the dates of the Flu Clinic and schedules it for the end of October and/or early November. Ms. Conboy will contact Kathleen Gorman, Director, Council on Aging to reserve dates and times for the clinic. WASTE OIL PICK-UP: Ms. Conboy stated that she will not be available for the next waste oil pick-up. She stated that a memo went around to other departments requesting assistance and she did not receive a response. Chief Dolan offered to do it in September. Ms. Conboy 'tated that she would like to have someone take on or assist with 'ze waste oil pick-up, as it is too much for one person. Mr. Page 2 Minutes: September 2 , 1991 Osgood stated that the firefighters will not take this on. The members suggested to contact the recycling program to help out with the waste oil pick-up. CAPTAIN PIZZA• Ms. Conboy stated that she inspected them three (3) times and sent an order letter. She stated that most of the violations have been taken care of but they still have no hot water in the restrooms, cockroaches, odors in the restrooms, and equipment all over the place. The Board suggested to have them come before the Board at their next meeting. COVENTRY II• Ms. Conboy stated that a letter went out to Mr. Cristaldi stating that he has fourteen (14) days to notify the Board of Health of his intentions in regards to the dumping and barricades. t To date there has been no response to the letter. Ms. Conboy stated that she got a complaint July 15, 1991 and has received two calls since then. Dr. MacMillan stated that another letter should be sent stating if he does not respond within fourteen (14) days then a court complaint will be enforced. Karen H.P. Nelson, Director, Division of Planning and Development was present and stated that when she visited the site in July, the chains were up. The Board agreed to send another letter stating if he does not respond within fourteen (14) days, it will result in a court complaint On a motion by Mr. Osgood, seconded by Dr. Rizza, the Board voted unanimously to go into executive session. New Business: Dr. MacMillan declared he wished to discuss a personnel issue concerning the Health Agent. A lengthy discussion ensued regarding whether an executive session was necessary. Upon reviewing the open meeting law and determining that all requirements for an executive session had been met, a motion was made by Dr. MacMillan to go into executive session to discuss a personnel issue concerning the Health Agent. Karen Nelson, Director of Planning and Community Development expressed her desire to be present during the executive session as the issue to be discussed dealt with personnel matters. After further discussion between Mrs. Nelson and the Board Members, it was Page 3 Minutes: September 3, 1991 decided that both Mrs. Nelson and Miss Conboy should be absent during the executive session. Both parties agreed to comply with this request and the Board entered an executive session EXECUTIVE SESSION' The meeting adjourned approximately 9: 30 P.M. Clerk BOARD OF HEALTH EXECUTIVE SESSION MINUTES SEPTEMBER 3, 1991 EXECUTIVE SESSION: The Board members discussed Ms. ConboyIs relationship with The Board of Health and the Division of Planning and Community Development. The Board suggested that personnel issues be resolved on an individual basis and that professional arrangements be continued as current, under the jurisdiction of the Town Manger, James P. Gordon. The meeting adjourned approximately at 9: 30 p.m. . Clerk