Board of Health Dust-Up
This week's Berkshire Record reports on the BOH/Karen Waller dust-up at the Egremont Inn. From what I know, the article is fairly accurate. And it's more evidence of how a minor incident can be blown out of proportion by overly sensitive people. (I say minor incident, because no reasonable person could take Karen's alleged threat seriously.) I'll repeat my prior statement: If you work for the BOH and go around telling people they have to spend many tens of thousands of dollars to "fix" a problem with their septic systems that doesn't seem to be a problem at all, you better expect people to think you're just a little tyrannical and, now and then, to blow up at you. If you can't take that, quit. (Or better, lobby for a change in a law that is overkill.)
One thing I find interesting is that the complaint to the Board of Selectmen wasn't made by Sandra Martin, the alleged "victim," nor by the chairman of the Board of Health, but by the Board of Health clerk. Why? What's going on here?
News about Egremont and what's going on there, with a particular focus on local government activities. Your comments on postings are strongly encouraged. This blog is intended to be a forum for ideas and thoughts from everyone.
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- Richard Allen
- I'm a retired New York City lawyer who tries to look to the future with an eye on the past, to apply cold hard reasoning to public issues and to stay true to the basic libertarian philosophy: If something doesn't affect my health or safety, don't legislate it; leave me alone and I'll leave you alone.
4 comments:
Mr. Allen,
As clerk for the Egremont Board of Health I feel I must comment on the many false statements you made in two of your entries regarding the recent Title 5 inspection at the Egremont Inn.
This was never simply about an angry property owner losing her temper at a BOH field agent when she found out her septic system failed as you make it sound when you tell your version. This unfortunate episode became a much more serious issue when this property owner, who at the time was a member of the Egremont Finance Committee, stated that as long as she was a member of that committee would do whatever she could do to deny any future funding to the BOH. All four members of the BOH as well as a member of the Finance Committee felt comments and behavior like this crossed over into unethical behavior. Please check MGL Chapter 268A, Section 3(3) Conduct of Public Officials and Employees to see how clearly the state feels about situations like these.
Isn't it interesting Mr. Allen that as person who writes and comments repeatedly about alleged abuses at Town Hall that you cannot see this. The BOH is neither "overly sensitive" nor do they feel "victimized" as you have stated. I think all of our residents will agree town officials cannot be allowed to use their position on town committees as leverage for personal benefit or gain. This is why the BOH asked me, as their clerk, to go before the Board of Selectmen to ask them to reiterate these beliefs. As a result all three Selectmen jointly issued a memo to town officials stating their position on such performance and behavior.
As far as the BOH's interpretation of the state Title 5Environmental Code governing on-site septic systems this board is neither tyrannical or abussive as your claim. The BOH is very sensitive to the difficult position homeowners sometimes find themselves in when their septic systems fail to pass state defined minimum standards. I believe most homeowners realize they need to be responsible and have functioning, compliant septic septic systems to not only protect their health and their drinking water but in doing protect their property's value as well. At the very least Mr. Allen, if you distrust state and local environmental regulators and their laws then you must certainly understand the value of what clean water brings to the value of the individual home. Without clean water we don't have much.
Juliette Haas
Clerk/Egremont Board of Health
I rest my case.
P.S.: The law Ms. Haas refers to says "No . . . officer or employee . . . shall knowingly . . . act in a manner which would cause a reasonable person . . . to conclude that any person can improperly influence or unduly enjoy his favor in the performance of his official duties, or that he is likely to act or fail to act as a result of . . . position or undue influence . . ." Note the reference to "reasonable person".
Wow, I thought this was over. Sounds like the clerk of the Board of Health has some issues! As I hear, the "event" was not as horrific as the clerk keeps insisting and that Karen Waller apologized right after. Sounds like she was just frustrated by the often heavy-handed actions of the Board of Health.
It is odd that the clerk keeps pushing this when she wasn't involved. Is she just trying to demean someone in public? Why was Juliette Hass the only one quoted in a recent newspaper story about this? Who is driving this issue?
Stranger, I'm told her husband is a Selectman and also sits on the Board of Health. So, if I'm following her response, her husband, along with the other members of the Board of Health, asked her to speak to the Selectmen where he would then vote as a Selectman? If Juliette Hass' concern is abuse of power and ethics violations she should consider the home front first. Clean hands are required. Sounds like there's a lot of conflict and anger going on.
Put this to bed already and let's move on.
Why is there so much petty nonsense going on in Egremont's goverment? There are so much more important things to work on so let's use our collective energies to accomplish something that betters Egremont!
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