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JANUARY 2000 - Plymouth Committee Sues Town - In
what could possibly become a landmark legal decision, the Town of
Plymouth's Insurance Advisory Committee has filed suit against the town
in superior court. The suit alleges that the town failed to comply with
state law by not including the advisory committee in discussions
regarding the town's insurance plans.
For the past forty-two years, a little known state law has acted to protect retirees' rights to high quality and affordable health insurance at the local level. Created in 1957, local insurance advisory committees have become a lifeline of sorts between retirees, employees, and the municipal government. Section 3 of Chapter 32B (municipal insurance law) of the Mass. General Laws requires that each municipality, which votes to accept the chapter, must create an insurance advisory committee. The law directs municipal officials to "consult with an advisory committee for the purpose of securing written recommendations" regarding possible changes to the municipal health insurance plans. The town of Plymouth was one of the first municipalities to adopt Section 3 in 1957. Relations between the employee/retiree advisory committee and town officials had been productive until recent years. Last year, Plymouth officials allegedly stopped consulting with the advisory committee prior to changing health insurance benefits, prompting the committee to file suit in court. "Unfortunately, the town stopped cooperating with the advisory committee a few years ago. It has progressively deteriorated to the point where legal action is now our only option," explains Committee Chairman Dale Webber, President of AFSCME Local 2824. "We are not asking the town to do anything that the law does not already require them to do. "For thirty years the town has lived under Chapter 32B without any problem. Now all of a sudden we have a situation where someone feels they no longer have to operate under the rules. In good conscience, the committee decided it needed to hold the town's feet to the fire on this to continue allowing retirees to have a voice." Dismissal Motion Rejected After the advisory committee filed suit late last winter, the town quickly moved to have the case dismissed. On August 2, 1999, after hearing arguments from town counsel and AFSCME attorney Jen Springer representing the advisory committee, Superior Court Associate Justice Gary Nickerson denied the town's motion to dismiss. The judge's decision to allow the case to move forward to trial thrilled the courtroom packed with retirees and town employees. "Prior to filing this suit, the Advisory Committee reached out to the selectmen and the town manager in an attempt to resolve this without having to go to court. However, it became clear that Plymouth does not want to operate in a fashion that is open to public input and that is, as has been stated in the court papers, consistent with state law," explains advisory committee member Tom Kelley, who is also an elected member of the town's retirement board. "I don't understand why the town would be opposed to an open discussion about these issues." Retirement, labor, and municipal officials from across the state are expected to pay close attention to the outcome of this case. To date, there is no case law dictating how Section 3 is to be implemented in practice. "There is no question that this is an important case, not only for Plymouth, but for the whole state. While there are always risks involved when you go before the court, it seems as though the advisory committee has presented a sound legal argument here," commented Association Legislative Liaison Shawn Duhamel. Duhamel, who lives in Plymouth, is an appointed member to the town's retirement board and is also an elected town meeting member. "It will be helpful to finally have some case law to backup what we have been telling municipalities for years. The law is very clear, the town must have an advisory committee and consult with it prior to making changes to its insurance plans," explained Duhamel. |
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