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Date: 9/14/2023
WARREN — The Select Board and town officials grappled with the implications of the “special municipal employee” designation and its application across various town roles. The board hosted a regular session Aug. 31.
Concerns arose regarding the excessive number of special municipal employee status roles. Select Board members saw a need for a formalized interview policy for applicants seeking the designation.
Under Massachusetts General Law, a town’s executive board may grant special municipal employee status when called for.
“We found that far more employees have it than probably should have it in many cases,” Chair David Dufresne said. “That brought up some concerns and questions of why these departments have them and whether they need to keep that status for them or not.”
The excluded from the special municipal employee status are the sewer and cemetery commissioners, plumbing and gas inspectors, the Board of Health, Fire Department members, building inspector, dog officer, the Council on Aging, the Planning Board and elected officials.
The Select Board recommended an annual review 30-60 days after board and commission turnover. The board would then decide who could hold the special status.
Town Administrator James Ferrera stated that special status should not apply to full-time workers. The Select Board requested that town departments submit lists of employees designated as special.
The board formally eliminated many commissions and departments from consideration, including the Planning Board, sewer and cemetery commissioners, building inspector and dog officer.
In the future, boards, commissions, and departments must submit written requests for the special municipal employee designation to the Select Board.
The board confirmed that Town Moderator Dario Nardi’s stipend would remain unaffected by the changes.
“I am a municipal employee in another municipality in Massachusetts. I didn’t know if that would impact me being a moderator,” Nardi told the board. “I don’t work for the town in any other capacity. I don’t think it’s a problem.”
The Fire Department also came into focus as it was disclosed that firefighters received separate paychecks for inspection-related duties. On-call firefighters frequently take on responsibilities on other boards or committees.
Fire Chief Adam Lavoie said on-call firefighters may have had a side business while receiving a town stipend in the past. He added that a few members serve on boards or committees outside their firefighter role.
Lavoie suggested reserving special status for on-call members as they do not receive benefits. He called for separating the group from full-time staff. He believed special status for on-call came about in the 1990s.
Town counsel would conduct a legal review if special municipal employees were the correct designation for on-call firefighters and what constitutes “district” under Massachusetts law.
The Select Board examined the role of Plumbing Inspector Christopher Jones. Ferrera clarified that Jones could not inspect the work that he performed. Jones, however, is not a full-time employee and gets paid per inspection.
Again, the board requested that town counsel review Jones’ employee status since he was not considered full-time. The matter was tabled until the Select Board’s upcoming meeting.