LYNN — After a three-year delay, the city’s Director of Public Health Michele Desmarais was formally reappointed to her position by the City Council on Tuesday night.
Desmarais was supposed to be reappointed as director on Sep. 28, 2019, by former Mayor Thomas M. McGee, but a conflict of interest of Desmarais being McGee’s sister-in-law raised questions about the process. McGee sent a letter to the city’s Law Department on Sep. 9, 2019, asking how he should proceed with the matter.
“As such, I intend to reappoint Ms. Desmarais to the position of public health director,” McGee said. “I am writing to ask for your opinion on how to appropriately proceed with this matter, as Ms. Desmarais is my sister-in-law.”
George Markopoulos, the city solicitor, wrote back to McGee on Sept. 8, 2021, and confirmed that under this conflict of interest, McGee could not reappoint her.
“I had several conversations with the Chairman of the Ethics Commission Attorney Eve Slattery and thoroughly researched the Lynn Charter and the Massachusetts General Laws. It was (and is) my opinion, and that of the chairman of the Ethics Commission, that you could not appoint Ms. Desmarais due to a conflict of interest as defined by the Massachusetts General Laws, Chapter 268A,” Markopoulos wrote. “Furthermore, there is no provision within the Lynn City Charter to address this unique situation and to provide for her reappointment.”
Between 2019-21, Desmarais still served as the director of public health, where she took the lead on the city’s response to the COVID-19 pandemic. Due to the legal questions that were up in the air at that time, she still was able to serve even without being formally reappointed. Desmarais should receive the retroactive pay and benefits that she would have received on the original reappointment date in 2019.
Markopoulos cited this information in his letter to McGee and said the mayor elected in the November election should immediately reappoint Desmarais.
“The purpose of my letter is to put you, as current mayor, the Mayor’s Office and the future mayor on notice that Ms. Desmarais should be immediately reappointed as public health director upon the swearing in of the next mayor,” Markopoulos said. “Furthermore, it is the opinion of the Law Department that once she is reappointed, she should be entitled to all retroactive pay and benefits that she would have received upon her appointment on Sept. 28, 2019.”
On Jan. 4, Mayor Jared Nicholson wrote to Markopoulos indicating that he would follow through on his advice. On Jan. 14, he wrote a letter to City Council President Jay Walsh and the rest of the council to notify them he would be reappointing Desmarais.
“I am hereby reappointing Michele Desmarais the public health director of the City of Lynn retroactively, effective Sept. 28, 2019,” Nicholson wrote in the memo. “Ms. Desmarais has continued to serve in her capacity, including as you know, stepping up to lead during the ongoing COVID-19 pandemic.”
After a three-year-long waiting period, Desmarais was unanimously reappointed by the City Council and received a standing ovation from councilors and audience members at City Hall.
Nicholson said he was happy Desmarais was reappointed, and thanked her for serving as the director of public health.
“On behalf of the City of Lynn, I am thrilled that the City Council supported the reappointment of Michele Desmarais to her role as the public health director,” said Nicholson. “Throughout her many years of service, Michele has always put the health and well-being of Lynn’s residents at the forefront of every issue. This has been especially true during the ongoing COVID-19 pandemic. Michele and the team she leads have worked tirelessly to ensure the safety of all.”
