During a two hour hearing at the State House, the Middlesex Board came under attack by the Billerica and Chelmsford town managers, as well as a selectman from Acton, each of whom claimed to be representing the majority of selectmen in the 31 towns that hold membership in the Middlesex Retirement System.

Under the proposed legislation - House Bill 3584 - the current five-member board would be dissolved and replaced by a new seven-member board consisting of three elected members from within the Middlesex System, three members from the Middlesex Advisory Council and an additional member to be chosen by the first six. The additional member would not be a member of the system.

The Board would then appoint an executive director who is not a member of the System or the Advisory Council. The executive director would then appoint a comptroller and a treasurer-custodian who would also not be members of the System.

While on the surface it would appear to be a balanced board, instead it is a cover for a lengthy, cleverly designed piece of legislation that would leave the elected members almost powerless.

"It's a power play by a small number of town managers who are disgruntled with the current board... It reeks of petty politics on the part of officials who are attempting to defame the Board while boosting themselves as reformers. Retirement Boards around the state are watching this bill. They know it's a bad bill," said Association President Ralph White who testified in opposition to the legislation. White was representing the Massachusetts Association of Contributory Retirement Systems (MACRS) at the hearing.

Others who testified against the bill included Professional Firefighters' Legislative Representative Bob Kilduff, Worcester Regional Retirement Board Director Mike Donoghue, Watertown Retirement Board member Wayne MacDonald, MACRS Legislative Agent Coley Walsh, Middlesex Attorney Tom Gibson and Middlesex Chairman Jim Fahey.

"Employees and retirees around the state have been struggling for years with unfunded retirement systems. Now that systems such as Middlesex have seen their funding levels increase, we're seeing local officials want to take over the funds," said Bob Kilduff of the Firefighters Union who opposed the bill.

"If towns have a complaint with their board they should deal directly with the board. Filing a bill such as this without notifying the board is disingenuous. It's not the right way to go. Middlesex has a good reputation and the Board is run by some very dedicated board members and staff," Kilduff said.

In addition to Billerica Town Manager Richard Montouri, Chelmsford Town Manager Bernard Lynch and Acton Selectman William H. Shupert III, State Representative Corey Atkins (D-Concord) and State Representative Alice Hanlon Peisch (D-Wellesley) spoke in favor of the bill.

Shupert, who appeared to be setting himself up as the proponents' "pit bull," embarked on a lengthy tirade during which he went so far as accusing the Middlesex Board of criminal acts. After being cut considerable slack by Public Service Committee House Chairman Robert Koczera, he finally had to be cut off by the Chair.

In responding to criticism of the System's unfunded liability, Fahey pointed out that the System had been paying down its unfunded liability in a moderate rather than more aggressive manner in the 1990s because the Board opted to reduce the communities' assessments instead. "This came at a time when the towns really needed relief," he said.

After the hearing, Koczera said the bill needed further study. He did not anticipate any action on the bill over the next few months. He added after hearing the comments and criticisms and reviewing piles of written testimony that what matters the most to him is the financial performance of the Middlesex System.