In defiance of a state agency ruling, the Essex Regional Retirement Board once again retroactively reappointed Timothy Bassett as chairman and vowed to mount a legal fight to keep him there.
The board met during an unusual Friday night meeting to retake the votes it first cast during a closed-door Jan. 25 meeting that the Essex County district attorney's office claims was illegal.
Among the list of do-overs was a vote to reappoint Bassett — retroactive to Dec. 31, 2008 — because the board had failed to do so within a legally required period of time.
But the state's Public Employee Retirement Administration Commission (PERAC) has ruled that such a vote is meaningless and has started advertising for candidates to fill the chairmanship, which it considers vacant.
Nonetheless, the Essex board made it clear Friday night that it sharply disagrees with the state, and pledged to enlist its hefty legal army to ensure Bassett remains chairman.
"I don't personally happen to agree with PERAC," board member Kathy O'Leary said.
"I think PERAC was wrong," board member Glenn Morse said. "I don't think they have the right to name the chairman, and I think we should challenge this."
According to the legislation that created the Essex Regional Retirement Board, Bassett was to serve as chairman until Dec. 31, 2008. After that, the board was required to either re-elect him or name a successor within 30 days.
It did neither, so the law requires PERAC to appoint someone in the board's place.
"Have all the board members seen that law?" asked newly elected board member Kevin Merz, the lone dissenting vote on enlisting board lawyers. "I just think we're throwing away money on legal staff. It's a waste of money."
With the 3-1 vote, the board plans to meet with one of its legal firms, Boston-based Dwyer & Collora, and essentially explore legal avenues to battle the state ruling. The vote to retroactively appoint Bassett passed 3-0, with Bassett and Merz abstaining.
Bassett has come under fire for his exorbitant salary ($134,250), as well as a $41,000 pension he's been receiving from his days as the head of the State Land Bank.
The meeting was held on a Friday night because of the "emergency nature" of the agenda items and to accommodate a day care conflict for Merz, according to Bassett.
PERAC will meet to interview candidates for Bassett's chairmanship on Feb. 16. The Essex board, meanwhile, meets again on Feb. 22.
Staff writer Chris Cassidy can be reached at ccassidy@gloucestertimes.com.
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