Building inspector says board chair threatened his job

Marshfield’s building commissioner said this week that Select Board Chair Eric Kelley has threatened his employment and interfered with his ability to do his job.

Speaking during the Sept. 22 Select Board meeting, Andrew Stewart accused Kelley of pressuring him over building and zoning issues by forwarding anonymous complaints and demanding responses outside of proper channels.

“You have no right to threaten my employment, sir,” Stewart told Kelley. “You should be relying on my advice and experience, not telling me how to administer the state building code. I’m qualified, knowledgeable, respectful, diligent, reasonable, fair, hardworking, and I’m capable of admitting when I’m wrong and changing. Are you?”

Kelley declined to comment when reached by South Shore Times, citing personnel matters.

Dispute Over Anonymous Complaints

Stewart said Kelley has repeatedly sent him complaints from unnamed residents rather than directing people to use the building department’s enforcement process.

“What I will not take are anonymous emails, voice messages, letters, notes or clips of emails from anonymous concerned citizens that are forwarded by the chair of the Select Board,” Stewart said. “The role of the Select Board chair is not to give daily administrative direction to the building commissioner and other department heads or employees. That is the job of the town administrator who does so at the behest of the entire Select Board in accordance with Article Four of the Town Charter.”

He explained that the department requires a formal request for enforcement with identifying information, which can be submitted online or in person. The only exception, he said, is when a situation involves immediate threats to public health or safety.

Commissioner Defends Record

Stewart stressed that his office strives to be “by the book” but also practical in applying codes.

“I am by the book, but I’m also fair and reasonable,” he said. “Where I can grant modifications or exceptions under my authority where they make common sense or meet the spirit of the code without jeopardizing safety, I generally do.”

He acknowledged that not every decision satisfies residents or developers but said there are legal avenues to challenge him.

“I certainly cannot make everyone happy and sometimes I have to do things that people will not agree with or will think I’ve done wrong, and that is okay,” Stewart said. “We live in a republic and have a wonderful legal ability to request our public official to act on rules and regulations that we think they’re overlooking and to appeal decisions or orders that we don’t agree with.”

Frustration With Board Chair

Stewart told Kelley that despite being available for meetings, Kelley had never met with him directly.

“Mr. Kelley, I’ve made myself available to you for the past year and a half and you have never made one attempt to come into my office to meet with me, seek my advice or input on any official matter,” he said. “Generally your requests to me have been from people that are unhappy with a building or zoning decision I have made and instead of following the legal procedure of appealing that decision, they complained to you to try to bring about a political solution via pressure from an employer on the employee.”

Stewart ended his remarks by asking residents to follow proper channels when they believe building or zoning rules are being violated.