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Gardner Board of Health: director candidate withdraws; resident files open-meeting complaint
Summary
The Gardner Board of Health learned a director candidate who had accepted the post withdrew Dec. 18, leaving the department understaffed, and heard that a resident filed a complaint alleging the executive-session interviews may have violated the open meeting law; the complaint is with the city solicitor and mayor.
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Speaker 2 told the Gardner Board of Health on Sept. 29 that the health department remains significantly understaffed after the candidate who had accepted the director position withdrew on Dec. 18, before beginning employment. "As of today the position is not posted," Speaker 2 said, adding that other key positions — administrative coordinator and transfer station supervisor — are also vacant.
The staffing update led to discussion of the prior executive-session interviews for the director post. Speaker 1 said, "There was a complaint filed by a resident on a violation of the open meeting law of the way the interviews were conducted in executive session," and that the complaint had been forwarded to the city solicitor and the mayor's office for review. Speaker 1 said the board had not yet received feedback and would want guidance before continuing interviews.
Board members recalled ambiguity in how the executive session was described on the agenda and whether the correct statutory category was cited; Speaker 1 referenced the statute categories and noted, "Number 8 is for HR, for interviews and some personnel issues," but added that the agenda had listed interviews without the specific category number. Members also discussed whether a quorum of the full board participated in interview activities, which could affect compliance. The complaint alleges both procedural wording and quorum concerns.
Board members said they had relied on human resources in prior searches and that the small size of the board complicates forming a hiring subcommittee without risking a quorum. Speaker 3 said the board historically included a small group and HR in interviews; Speaker 1 said she intended to seek clarification from the city solicitor before any future action.
No formal action was taken during the meeting to repost the director position; Speaker 1 said the next step likely would be to repost if the second candidate also declined to accept. The board agreed it will await legal guidance on the open-meeting complaint before scheduling or conducting further interviews.
What happens next: the complaint is with the city solicitor and mayor's office and the board will request their determination before resuming the hiring process. The director position remains vacant and the department is operating understaffed.

