Director of Inspectional Services officially terminated from position

Aug 31, 2012

Director of Inspectional Services Myles Burke was terminated on Friday, Burke confirmed Friday afternoon.

"I'd like to thank the people of Wareham for allowing me to be their Director of Inspectional Services over the past two-and-a-half years," Burke said. "We've seen a lot of terrific growth in the community, and I enjoyed working in the community."

"Both Patricia and I made a lot of good friends and acquaintances," he went on, referring to girlfriend Patricia Muraco. "We enjoyed meeting many wonderful people in our volunteer efforts," he added.

Burke, who was placed on administrative leave in early August, was removed from the position because of his "failure to obtain the required minimum qualifications," according to a letter that notified Burke of the town's decision.

The letter states that the cause for Burke's removal was his inability to obtain building official certification within 18 months of his hiring, a necessary requirement to serve as Wareham's Director of Inspectional Services.

Burke, who has worked for the town since April of 2010, appealed the decision, and a public hearing regarding Burke's employment was held Thursday, August 30.

Burke submitted documents in support of his qualifications at the hearing, he said. Interim Town Administrator Derek Sullivan told Burke on Friday, however, that the town was upholding the termination based on his inability to obtain the required certification within 18 months, Burke confirmed.

Interim Town Administrator Derek Sullivan said on Friday that he could not comment on the termination because it was a personnel matter.

Burke was arraigned on a charge of domestic assault and battery the same week that he later received the notification from the town. The letter did not mention the arrest.

Burke has repeatedly expressed his frustration at not being allowed to take the test to become a certified building official.

"They want me to hit it out of the park, but they are not letting me get up to bat," he said.

The state Building Official Certification Committee has maintained that Burke lacks the required five years of experience in the supervision of building construction or design, and thus does not meet the minimum qualifications necessary to take the certification exam.

Burke has twice appealed the Certification Committee's decision to the State Building Code Appeals Board. The first was in September of 2011, and the second was in late spring of this year. Both times the committee's decision was upheld. He learned of the latest decision in July.

Burke said that he will continue to appeal the state's decision to the Superior Court.

Burke was hired in 2010 when Mark Andrews was Town Administrator. Both Burke and Andrews maintained that becoming certified was not a requirement of the position of Director of Inspectional Services, because the director only needed to supervise those who perform actual inspections.

Burke says that obtaining certification was always his goal, and the state has maintained that, as a building official, Burke must be certified.

Critics accused Andrews of cronyism, because he and Burke had worked together when both held jobs with the City of Lawrence, because Burke was able to negotiate for a salary $24,000 above the $51,000 salary posted for the Wareham job, and because Burke was not state-certified.

Andrews left Wareham earlier this year for an interim town administrator position in Wenham, Mass.