Health inspector spared TA oversight

By Jonathan Cook
Turley Publications Reporter

STURBRIDGE - A coup attempt was made on the Board of Health Monday night. But after clashing legal opinions were brandished, authority over the landfill, recycling center, and Health Agent remained under the health board’s control.
Armed with a written opinion from the town’s attorney, Interim Town Administrator Michael Racicot began by asking the board of selectmen to discuss moving the operation of the recycling center and the landfill to the authority of the Department of Public Works.
“This is an extension of stuff that started back in January,” Racicot said. Then James Malloy was town administrator and Racicot read from a letter by Malloy stating that the town’s counsel advised the DPW be in charge of day-to-day operations. Racicot said the issue has arisen because of a series of instructive emails sent from the Board of Health to the DPW about the current landfill capping being done by DPW crews.
However, Board of Health Chair Linda Cocalis came armed with a contrary legal opinion. Furthermore, Cocalis pointed out that since 1988, when the recycling center was opened, the Board of Health has been in charge.
Racicot countered by noting that a usage fee should have been implemented long ago. He also said that all across the state DPW’s run landfill and recycling centers.
At that, Selectman Ted Goodwin said, “And that’s been a problem in this state.”
Cocalis informed the select board that the reason for her recent intervention stems from her opinion that “the current conditions of the landfill right now would not pass a state inspection.” She explained that the DPW is not capping with enough material.
A majority comprised of Selectmen Goodwin, Tom Creamer and Hal White, who is a former Board of Health member himself, all supported the authority of the current health board.

Health Agent complaints

After which an executive session appeared to be about to commence in regard to complaints levied against Health Agent Alyssa Rusiecki. However, Creamer asked to speak before the motion was read.
“I want to go on record in conveying my concerns to the board,” he began, “that we would even contemplate going to executive session on an issue that in my view is well outside the statutory authority of this board.”
Creamer went on to say that he disagrees with the town counsel’s opinion that the town administrator has authority over the Health Agent based both on the town charter and past practice.
Rusiecki was both present and supported by municipal attorney Gary Brackett. Brackett illustrated the point that the health agent is under the direct responsibility of the health board and not the town administrator and board of selectmen when he held up the town charter’s organizational chart which shows the Health Agent under the purview of the Board of Health and no other authority.
White said, “If the Board of Selectmen receives a complaint about someone over whom it has no jurisdiction, I don’t think it has any business discussing that complaint at all.” Then he made a motion that the town administrator be instructed to forward any future complaints to the Board of Health. An executive session did not take place and the select board made clear they did not want to presume authority over the Board of Health’s agent.