PEPPERELL -- Selectmen and Board of Health members were called to task for a secret ballot held during a joint meeting of the boards to appoint a successor to former health board chairman Scott Butcher.

Al Buckley was appointed on a 3-1 vote with health board Chairman Robert Lambert abstaining. Buckley and former Board of Health chairman Virginia Malouin were candidates. Lambert said he abstained because both candidates are "friends."

The Middlesex district attorney's office ruled the secret-ballot appointment violated language in the Open Meeting Law that precludes secret balloting in a public meeting.

"Last week in a joint meeting with the Board of Health there was discussion to allow for a secret ballot. The board did ask for opinion and it was offered," said Selectman Chairman Joseph Sergi at last week's selectmen's meeting.

"It has come to the attention of the board that (the vote) was procedurally incorrect. I feel we need to make this right. I appreciate the effort of the press (to remind us) that the board need be mindful of public need. I voted for Al Buckley," Sergi said.

"I did also. There is no issue," Selectman Patrick McNabb said.

"I voted for Virginia. There is no issue," Selectman Joseph Hallisey said. "It is important to note that we took the secret vote to spare feelings."

"We were under the impression we were doing the right thing," McNabb said.

Selectman had asked Town Administrator Robert Hanson for opinion


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before the vote was taken. He had nodded in the affirmative.

Health board member John Marriner did not consider it necessary to reveal his vote given that Hallisey was obviously the only vote against Buckley. "We were trying to protect (candidate's) feelings," Marriner said of his request for the written balloting.