Select Board retains hiring and contracting authority, KP Law tells Blandford Water Commissioners

At a June 16 meeting in Blandford’s Town Hall chamber, attorneys from KP Law advised the Water Commissioners and Select Board that the Water Commission may set operational policy, but the Select Board is the town’s contracting and personnel authority.

"The Water Commission scope is operational regarding things such as water distribution, infrastructure, and rate settings," said Mark Reich, an attorney with KP Law, describing the division of duties. Reich said the Select Board, as the town’s chief executive body, remains charged with hiring and firing, job classifications and signing contracts.

The guidance came after Water Commissioners asked for clarification on five items including hiring and oversight, the possibility of appointing an interim superintendent, and the Water Commission’s authority over enterprise fund spending. Reich repeatedly emphasized that enterprise funds still require proper accounting oversight: "The Town Accountant must be part of the process when approving contracts to be sure there are available funds," he said, citing limits on expenditures and the statutory prohibition against exceeding appropriations.

Select Board Chair Cara Letendre told commissioners that department invoices go first to the Town Accountant, who verifies dates, signatures and that the services or goods were received before the warrant goes to the Select Board for final approval. Letendre also raised a recent purchase she said should not have been funded from a grant — a truck bed purchase the board has since been monitoring.

Water Commissioner Brad Curry asked whether the commissioners had overstepped when they placed an employee on unpaid leave; the attorneys said HR functions should be managed by Human Resources or the Town Administrator and that questions of resignation retraction are fact-dependent. "If an employee finds themselves in this situation and realizes they made a mistake and came back to the employer with this retraction, ... that would be a different situation," attorney Tim Zessin said.

Officials also discussed recruitment for the Water Superintendent post. Commissioners said the current role is budgeted as part-time (about 19 hours per week) and that the commission is considering moving the position to full time, which would require a special town meeting to reallocate funding. Commission members noted salary expectations present hiring challenges; the commissioners said some candidates would not accept the current pay level, which was discussed in the meeting as approximately $90,000 for a full-time equivalent.

Reich urged cooperation going forward: "If the two boards are communicating, then tasks can be assigned to the Town Administrator, the Water Superintendent, etc.," he said, adding that improved communication would reduce misunderstandings over invoices, personnel moves and grant spending.

The meeting produced no formal change in authority; attorneys’ remarks were advisory guidance to clarify statutory and accounting limits and to recommend tighter cross-board communication. The boards moved next to several routine appointments and other agenda items.