page 1

________________________________________________________________________

Conflicts of interest prevent the Boston Public Health Commission

from approving BUs plans for Level 4 research in Boston

David S. Mundel
February 2017

Although the conflicts of interest surrounding Americas new President and his appointees
are receiving much attention, we should not overlook the similar conflicts facing Bostons
public leaders and employees.

Several Boston Public Health Commissioners and the Executive Director of the
Commission appear to have substantial conflicts affecting their consideration of and
decisions regarding Boston Universitys application for a permit allowing research on
deadly, BSL-4 pathogens to be conducted in Boston Universitys BioLab (the BU-NEIDL).
In late December, the US Centers for Disease Control and Prevention issued the federal
permit allowing such research, but the Commission has not yet issued the required
municipal permit.

The Commission review of the BU-NEIDL permit request is already underway. As

reported by the Globe (12/24/2016), the Commission stated that it will continue to carry
out a rigorous review process of the (NEIDL) application to insure that the Level 4
laboratory can operate safely prior to issuing any permits.

An affirmative vote of the Commission is required to issue this permit. As stated in the
Boston Public Health Act of 1995 that established the Commission, an affirmative vote of
four members of the commission shall be necessary for any action taken by vote of the
commission.

The 1995 Act also states that six of the seven members of the Commission shall be
deemed to be special municipal employees of Boston who are subject to Massachusetts
Chapter 268A conflict of interest regulations. One commissioner is exempt from these
regulations because she is an ex officio member. Chapter 268A specifically prohibits
municipal employees (including special employees) from participating in a particular
matter in which to his knowledge a business organization in which he is serving as an
officer, director, trustee, partner or employee has a financial interest. In addition,
Chapter 268A prohibits such employees from acting in a manner which would cause a
reasonable person to conclude that any person (or party) can improperly influence or
unduly enjoy his favor in the performance of his official duties.

Four of the six Commissioners affected by Chapter 268A appear to have major conflicts of
interest. The four conflicted members of the Commission include: the Chairperson (who is
the Executive Director of Boston HealthNet Inc., an integrated health care delivery system
that includes Boston Universitys School of Medicine, Boston Medical Center and 15
community health centers); two Commissioners who are the senior officers of major
Boston HealthNet community health centers; and another Commissioner is a BU associate
dean and associate professor.
 page 2

________________________________________________________________________

The Executive Director of the Commission has similar conflicts. She is a Trustee of the
Boston Medical Center and thus responsible (in concert with her fellow Trustees) for
overseeing the Medical Centers HealthNet network and BU affiliated physicians.

The conflicts facing these five special municipal employees are substantial. All of the
physicians affiliated with the Boston Medical Center have Boston University School of
Medicine appointments and the health centers within the HealthNet network account for a
major share of the practices of these physicians. These health centers accounted for 30.6
percent of Boston Medical Center outpatient visits and 36.7 percent of its inpatient
admissions in 2014. Similarly, the financial success of the HealthNet community health
centers is clearly enhanced by their connection with BUs School of Medicine and its
faculty.

Three of the seven commissioners appear to be legally allowed to participate in the review
of and vote on the BU-NEIDL permit request. Clearly, these three non-conflicted
commissioners cannot provide the four votes needed for the required affirmative vote on
the BU-NEIDL permit.

As a result of these conflicts, the Boston Public Health Commission cannot issue the
municipal allowing BSL-4 research at the BU-NEIDL.

________________________________________________________________________

David Mundel has been involved in the issues surrounding the BU-NEIDL for
several years. He is a former City of Boston and Federal official and faculty
member at MIT, Harvard, and the Naval War College.