Phillipston Officials Vie Over Clerk

Phillipston Officials Vie Over Clerk
Selectmen want assessor's clerk out; assessors want her to stay
Eryn Dion
News Staff Writer

PHILLIPSTON — Last week’s decision by the Board of Selectmen to not reappoint former Assessor’s Clerk Kelly Garlock has caused a divide between town departments, as the Board of Assessors is now arguing that selectmen had no such authority.

According to Gerhard Fandreyer, chairman of the Board of Assessors, his board — not selectmen — holds the authority to appoint or remove an assistant, as laid out in Massachusetts General Law. While Ms. Garlock held the position of clerk in name, in practice, Mr. Fandreyer said her duties went “far beyond” clerical work.

“The person does go out with assessments and it’s not just clerical,” he explained.

Mr. Fandreyer said that while the position has traditionally been that of a clerk, during the Department of Revenue’s financial management review several changes were enacted that saw the job evolve into more of an assistant, performing assessments and running the office. Because of the changes, Mr. Fandreyer argued, Ms. Garlock should be considered an assistant under Massachusetts General Law, and her appointment should remain under assessor authority.

Timothy Zessin, a representative from the town’s legal firm Kopelman and Paige, said the heart of the issue is the lack of a formal job description or characterization of duties for Ms. Garlock’s position, allowing the Board of Assessors to alter the scope of her duties without discussion or input from selectmen. Ultimately, he said, the appointing authority depends on what tasks Ms. Garlock actually performed for the board.

“If they’re in the office answering phones and handling paperwork, I would say the Board of Selectmen has the authority to reappoint or not reappoint,” he said. “If it’s somebody who is out there assessing property ... they would properly be appointed by the assessors.”

Selectman Terry Dymek said the debate over whether Ms. Garlock was a clerk or assistant assessor amounted to technicalities, and that the assessor’s office has run smoothly for a number of years with a clerk appointed by the Board of Selectmen. While members declined to give the exact reason for not reappointing Ms. Garlock, Mr. Dymek said it was in the “best interest of the town.” The board, he said, would hire an interim clerk to keep the assessor’s office open, before advertising for a permanent candidate.

In response, Mr. Fandreyer said his board plans to appoint Ms. Garlock as an assistant assessor during its next meeting — creating a conundrum where two individuals will hold a position with only one salary account available.

Selectmen put off taking a formal course of action until their next meeting, although they later went into executive session to interview a potential interim clerk.