The Wilmington morning star., 1943-11-06
DECISION ASKED
ON PENSION RULE
State Attorney General Re-
uuested To Rule On
Matter

In an effort to determine whetir
er or not the Consolidated Board
Of Health's employees are legally
covered by the retirement sys-
TENS CT the City of Wilmington
and County Of New Hanover-who
together provide funds for the
maintenance of the organization
letters appealing for decision
in the matter have been forwarded
to State Attorney General Harry
Mcmillan, it was disclosed here
Friday.
City Attorney William B. Camp.
bell framed the letter carrying
the views Of the city and county
governments on the matter-that
the Board of Health is not entitled
to inclusion in the retirement set
ups under the present laws; and
R. M. Kermon has written the let
ter presenting the views Of the
Board of Health employes-that
they are legally employees Of both
city and county" and therefore
deserving the coverage under tha
pension system.
Both the city and county retire.
ment systems were authorized by
action Of the 1943 General Assenls
bly, in two separate acts.
II is the ruling Of the city at
torney, and it is understood that
County Attorney Marsden Bellamy
concurs, that the Board of Health
is a separate entity with its own
functioning machinery, and that
the city and county have no juris-
diction over employment and sal.
ary-fixing in the Board.
According to Mr.. Campbelps in-
depreciation, "only regular, perma-
nent employees Of the city, under
its control as SUCH" are eligible
for the pension plan established"
| Mr.. Kermon referred, in his
statement to Mcmillan, to the
original 1918 legislation consolidate
ing the health departments of the
city and county, and to the later
amendment authorizing the city
to bear two-thirds of the Health
departments expense, and the
county, one-third.
He has contended In the writ
ten appeal to Mcmillan that city
and county governments do have
a hand in discharging personnel
and setting salaries. He names
specifically the case of the Board
Of Health's recommendation that
the salaries Of food and dairy
inspectors be advanced from 81, $40
to $1,860 in the 1912 budget-a
request that was denied by the
city and county governments in
their review of the budget.
! In his attempt to show that it
was legislative intent that the Con-
solidated Board of Health be COW
cred in the retirement systems,
Kermon also calls attention to the
fact that the contract entered into
with the State Board OF Health
was negotiated not by the Console
dated Board of Health but by the
respective heads of the city and
county governments.
i Mr.. Campbelrs letter revealed
that employees Of the Community
hospital and the City-county libra
ry have raised no serious ques-
ton about their status under the
retirement laws, although they too
are in the position of the employees
of the Board of Health.
The Board of Health has been
retaining four per cent Of en-
ployes' salaries for retirement fund
purposes since July 1, when both
city and county systems began to
operate.
It is understood that at least
two Board of Health employees are
ready, from the standpoint of
. length of service, age, and dis
ability, to retire. Unless coverage
Is provided, they will leave their
posts without benefit of pensions.
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