Belmont Boards Balk at New Powers for Town Administrator

For the long-serving members of the Government Structure Review Committee, the new powers granted to the Office of Town Administrator in a proposed bylaw they will bring before Town Meeting next month will make governing the town "more efficient," according to member Bob McLaughlin.

"This is Management 101," said McLaughlin. "We need a strong administrator and chief of everyone in [Town Hall]." 

But to Dr. David Alper, the chairman of the elected-Board of Health, the new responsibilities will come at a high price, one which he, the two other board members and the staff of the town's Health Department are not willing to give up without a fight.

"The board and the department believes that the more we hold onto our [independence], the better we serve the town and in order to do that, we need the employees to be beholden to [the Health Board]," said the long-time chairman. 

"I just see you giving the Town Administrator more power," he said of the proposed article.

Yet despite very negative receptions to the bylaw when it was presented to the Health Board and the Library Board of Overseers, the final say will be left to the 290 members of the town's legislative body to vote on the article's fate.

"We'll let Town Meeting decide," said Selectman Ralph Jones after the meeting. 

At the Wednesday afternoon Town Hall meeting of the Health Board, the two sides met in a friendly but frank discussion on the bylaw that is seen as beginning the transfer of power from the Board of Selectmen, effectively making current TA David Kale the town's "Chief Administrating Officer," according to McLaughlin.  

The bylaw would seek approval from the state legislature to amend statues so to add to the administrator's role and responsibilities. 

To the Government Structure committee – which has been making the tour of boards that will be effected by the new regulations – the bylaw is needed to create a more efficient governing structure for the town as well as beginning to dismantle the numerous "silos" of concentrated power that now exist on the town's side of government. 

"There are a variety of boards – elected or not – are not integrated with town affairs," said Paul Solomon, the committee's chairman and former Belmont selectmen.

Under the Warrant article, the town administrator – to be hired for a one or three years – will "serve as the town's chief administrative officer, acting for the board." The administrator would also "supervise, direct and be responsible for the efficient administration of all departments and employees ..."

The bylaw will also facilitate the transformation of the Selectmen from handling day-to-day tasks into a policy board.

Jones said under the current structure, the town is operated by power centers that result in departments acting as their own fiefdoms.

There was an incident a few years ago that one town employee had three separate personnel files which would have placed Belmont in serious legal jeopardy.

Currently, the simple act of having a strong human resources department has meet with resistance.

"This is the stuff that keeps Selectmen up at night," said Jones. 

Not a good enough argument

Yet the arguments for the change were countered by the Library and Health boards who point to the section of the article that gives the Town Administrator greater powers in hiring as being the point of dispute.

Under the article, the administrator will appoint all non-elected department heads with exceptions for the Police and Fire chiefs and employees in the Treasurer and Town clerks offices. (The School Committee and Department separately hires teachers and staff from the town due to several state statutes.) 

For example, under the new law, the Health Department Director – currently held by Stefan Russakow – would be hired by the Town Administrator rather than the Health Board.

In a concession to the impacted boards and department, the article said the hiring would be "made with the advice and consent of that board." 

"And we feel strongly that the boards have an equal say in any hiring," said Paul Solomon, the committee's chairman and a former Selectman. 

But for Alper and the Health Board, the inclusion of the town's administrator in the  is adding a second, unnecessary layer of government in the hiring process onto what they view is a well-run department. 

When told that the Town Administrator would be the primary hiring entity, Health Board member Donna David said she is "hard pressed to see how we can function and work together. Who is better than the board to decide who will work for us?"

"I hear what you're saying but what it is is just another tier of bureaucracy" for the board in hiring employees, said Alper. 

But for the board's chairman, the new bylaw will not simply dilute the Board's current authority – which was established by the state legislature and codified in the state's General Laws – but effectively take power away from the town's residents.

"We need to seen as untainted as possible" to insure of public support which will be damaged by "the shadow over us" of a new and stronger Town Administrator, said Alper. 

"Do you think that he'll stop at hiring?" said Alper, believing administrative issues – such as which public health issue should be given priority – will arise which will lead to disputes between the board and the Town Administrator on who manages the Health Director role. 

Alper points to the article exempting four major department from the new powers including the two public safety departments.

"[The Health Board] has more police powers than the police to both impose and enforce laws," said Cheryl Sbarra, senior staff attorney for the Massachusetts Association of Health Boards who attended the meeting.

After the meeting, Selectman Jones said the committee, which has been working on restructuring town government for five years, doesn't believe there could be a compromise with the Health or Library boards without gutting the article.

"We have some serious disagreements on what this change will actually do," he said.