3/13 8:11am Town could be liable for health agent who 'forgot' to renew license
By John Hilliard/ Daily News Staff
Friday, March 10, 2006HOLLISTON -- A health agent who "goofed up" and worked for nearly two years without a critical state license was suspended without pay while local officials investigate whether the town faces legal risk.
"This is incredibly serious," said Board of Health Chairman Richard Maccagnano, whose board suspended Health Agent William Domey during an emergency meeting last night. "If you have to (be licensed) to do this work, geez, that's your bread and butter."
Meanwhile, Domey blames a tough workload for forgetting to renew his license as a professional engineer in 2004. The license is required for the Holliston health agent job.
"I simply forgot," said Domey, 75, who is also a health agent for Norfolk and Wrentham. "I guess I wasn't on the ball."
The imbroglio erupted after the Daily News told Maccagnano earlier in the day that Domey was working without a license. Yesterday, a Daily News check of records at the state Division of Professional Licensure showed his license had expired in June 2004. Domey is required by all three towns to have a state-issued professional engineer's license to serve as their health agent.
"If they want a professional engineer, and they let his license lapse, they don't have a professional engineer," said George Weber, acting director of the state DPL.
Domey's gaffe poses potential problems for Holliston. Domey was responsible for scrutinizing several projects, including proposed work on Casella's Washington Street transfer station and helped the Board of Health decide in 2004 that the property could be home to trash hauling operations. Town Administrator Paul LeBeau said officials will meet today with Town Counsel William Mayer and the town's insurance company to begin reviewing Domey's work. It may take weeks to learn whether Domey illegally signed off on projects as an unlicensed engineer -- and if that work remains legally valid.
If Domey approved work -- as a professional engineer -- while his license was expired, he could face problems with state regulators as well, said Weber.
"He'd be subject to discipline before the board of engineers," said Weber, which could include fines or revocation of his engineer's license. At last night's meeting, the board voted unanimously to suspend Domey without pay and named Health Director Ann McCobb as acting health agent. They also unanimously voted to yank a three-year reappointment granted to Domey on Monday night. The town will seek help from nearby communities to fulfill the Health Department's work.The board will decide whether to reappoint Domey after he renews his engineer's license, which could take at least a month. "I'm not ready to throw him out," said member Suzanne Shannahan, who voted with Maccagnano on Monday to award Domey a three-year reappointment. Fellow member Elizabeth Theiler was critical of how long Domey worked without a valid license. "We put our confidence in him," she said. "He did not bring this to our attention."
Domey works as a part-time health agent, and annually earns more than $39,000 in Holliston, about $35,000 in Norfolk and nearly $28,000 in Wrentham.
Those towns require their health agents to be state-certified professional engineers who can review site plans, septic system designs and offer advice to the boards of health.
But despite their own job requirements, health officials in all three towns never knew Domey's license was expired for nearly two years until notified by a reporter.
"It's embarrassing," said Norfolk Board of Health Chairman Thomas Gilbert, who described himself as "chagrined" when he heard the news. "I always assumed he kept his license up to snuff." In Wrentham, Principal Clerk Jina Grimaldi blamed human error.
"He must have forgotten," said Grimaldi. According to the DPL, Domey will have to pay more than $250 in late fees to renew his two licenses. Any license renewed now would be valid until June 30. Domey would pay $180 to renew his two licenses until June 2008.Domey, who held a professional engineer's license since 1963, said the Daily News has created a "deprivation of my livelihood." "I goofed up," he said.
(John Hilliard can be reached at 508-626-4449 or jhilliar@cnc.com .)