Board of Health members puzzled by new concerns over Health Agent's qualifications

Aug 18, 2011

A shouting match broke out at Wednesday’s Board of Health meeting after a letter from Town Administrator Mark Andrews questioning Health Agent Bob Ethier’s qualifications was read aloud.

In a letter dated August 5, Andrews wrote that Ethier is not qualified for the position of Health Agent because he is not a registered sanitarian. The letter was addressed to Ethier, who has held the position for nearly nine years.

Attached to the letter was a job description stating that such a certification was needed to hold the position. According to the letter, Health Inspector David Flaherty, who has the certification, will perform all functions required of a registered sanitarian.

The letter was puzzling to board members and to Ethier himself. Members questioned how recently the attached job description was written and were curious if being a registered sanitarian was an original requirement of the position.

The Board of Health is demanding Andrews provide a copy of the job description Ethier’s hiring was based upon.

Ethier said that before this letter he had never been questioned on his qualifications and pointed out that he received an excellent performance review from the town administrator just three months ago.

“I think I have proved myself. ... I don’t plan on going anywhere,” Ethier told the board. “I will continue to do my absolute best.”

Ethier said he does not plan on becoming certified. He said Wareham’s previous Health Agent also lacked the certification.

Conversation got tense when associate Board of Health member Frank DeFelice questioned whether his and fellow associate member Bob Brady’s recent appointment to the board prompted the letter.

Selectman Ellen Begley, a liaison to the Board of Health, said “I do not have that knowledge,” but noted after “a great deal of research” she had alerted the town administrator to Ethier’s lack of certification.

Begley defeated DeFelice in the election for the Board of Selectmen in April.

The Board of Selectmen voted 3-1 to appoint DeFelice and Brady as associate members of the Board of Health during its August 10 meeting. Selectmen Walter Cruz, Steve Holmes, and Cara Winslow voted in favor of the appointments. Begley was alone in her opposition. Selectman Michael Schneider was not in attendance for that meeting.

Begley’s and Andrews’ stance would appear to be in direct contradiction to their support of Director of Inspectional Services Myles Burke and their previous longtime support of former Town Account Elizabeth Zaleski.

Hired in April 2010 by Andrews, Burke is not a state-certified building inspector.

Despite lacking the certification, Burke's starting salary was $24,000 above the $51,000 salary posted for the job. Andrews and Burke both held jobs with the City of Lawrence. Critics accused Andrews of cronyism, particularly since Burke does not hold the state certification.

The state Department of Public Safety has on several occasions indicated that Burke does not meet the minimum qualifications to even be allowed to take the building inspector’s examination, specifically that he lacks the required experience in the supervision of building construction or design.

In a May 27 letter, the state Building Official Certification Committee indicated that Burke, as a building official, must be certified.

Meanwhile, Town Administrator Andrews has maintained that certification is not a requirement for the position of Director of Inspectional Services because the director need only supervise those who perform the actual inspections.

Burke is currently functioning in an 18-month grace period defined by state law, allowing him to perform the duties of an inspector while seeking certification.

Zaleski was fired from her position as Wareham’s accountant in April after an audit revealed a $919,000 discrepancy in the town's books. A negotiated settlement subsequently negated the firing with the stipulation that she resign immediately.

Zaleski was hired by interim Town Administrator John Sanguinet in July of 2009 at a rate of $64,864 per year, according to her three-year contract with the town. Her salary was raised to $68,814 per year last July.

Zaleski was hired despite not meeting the minimum qualifications for the position as listed in the job posting. Zaleski does not have a bachelor's degree, but her contract required her to obtain one in business administration, accounting, or a related field. It also allowed her to miss up to a half-day of work per week without the loss of pay to attend classes. It is unclear how close Zaleski was to getting a degree.

During his reports to the Board of Selectmen, Andrews frequently praised Zaleski for resolving many of the financial problems listed by the state Department of Revenue in a review of the town's financial management completed in July 2010.

Begley and Andrews could not be reached for comment.

In other business:

It was announced Board of Health Chairperson Diane Allen resigned on August 16 after concerns were raised regarding her citizenship. It is required all members of any town board be eligible to vote.

There is now a opening for a full member on the Board of Health. Selectmen are currently accepting applications. Though associate members, DeFelice and Brady would need to resubmit an application to be considered for the full-member position.