Columbus, Georgia

Georgia's First Consolidated Government

Post Office Box 1340
Columbus, Georgia, 31902-1340
(706) 653-4013
fax (706) 653-4016

Council Members

The regular meeting of the Columbus Board of Health was held in the

Administration Conference Room of the Health and Human Services Center on

Wednesday, February 27, 2008, at 1:00 P.M.



MEMBERS PRESENT:

Jim Wetherington, Mayor

Isaiah Hugley, City Manager

Ms. Brenda Dozier

James A. Lawrence, D.D.S.

Banks H. Carroll, M. D.



MEMBERS ABSENT:

Howard Willis, M. D.



OTHERS PRESENT:

Dr. Zsolt Koppanyi

Ed Saidla

Margaret Gosden

Pam Middleton

Karon Bush

Sheila Mayfield

Pam Fair

Tori Endres

Antonio Lawrence



Dr. Carroll called the meeting to order, and asked for a motion to approve the

minutes of the last meeting. A motion was made by Dr. Lawrence, seconded by Ms.

Dozier and approved by those members present.



Dr. Carroll asked for any Excused Absences. Dr. Willis has an excused absence

for the meeting today. A motion was made by Dr. Lawrence, seconded by Ms.

Dozier and approved by those members present.

Dr. Carroll asked if there was any Old Business or items on the Action List?

There being none, Dr. Carroll asked Ms. Gosden to report on a personnel issue

requiring discussion by the Board. Ms. Gosden stated that the Board had been

informed of a pending litigation in an Executive Session several months ago. An

EEOC suit, not a complaint (the complaint having been dismissed by the EEOC

with a Right to Pursue Letter issued to a former employee) was filed in Federal

District Court. We went to arbitration on January 24, 2008 at 10:00am. The

arbitrator was Judge Warner L. Kennon, Sr. The young lady who filed the suit

was a clerical employee in WIC of Hispanic background. The accusations were

that she had been subjected to racial slurs, had worked in a hostile work

environment, and that she had been dismissed without cause. She was not

represented by council. Mr. Rumer and Ms. Gosden appeared along with Ms.

Middleton. Mr. Rumer informed the arbitrator that the agency did not intend to

stop at this level of the judicial process. If it is necessary to go to a jury

of our peers, we would be willing to do that. At this point we had incurred

about $13,000 to $14,000 in legal fees to answer the EEOC complaint and to get

to this hearing. The arbitrator felt that the total fees incurred would be

included in the amount recoverable should we prevail. We would pursue

collecting that amount of money from Ms. Rosa Hunt. Mr. Rumer stated to the

arbitrator that if Ms. Hunt would cut us a check for our legal fees to date, we

would be out of here today. When Mr. Kennon went into the other room and

returned from meeting with Ms. Hunt, he informed us there had been a

tremendously interesting change of heart. If everyone would accept their own

legal fees to date, this will be over today. We certainly agreed to accept our

legal fees since they had already been paid out before we went to arbitration.

The complainant was concerned about our rehiring recommendations. We never

provide a hire recommendation other than confirming name, social security

number, salary and length of employment. This is accordance with State Policy.

In essence by agreement, the suit was dismissed. Mr. Rumer drafted a document

there in the room on a piece of plain paper. The complainant and the agency

signed it. Mr. Rumer filed it with the court prior to our leaving the Federal

Court House. If any Board Member has questions about the details of the

dismissal please recall that it was based on behavior that has placed this

department in a position of future risk and possible legation. Ms. Gosden

cautioned the Board while this suit has been dismissed; our responsibilities

for this employee?s actions remain. We cannot be removed from the liability

resulting from interactions. This liability will extend for the next eighteen

+2 years. The clients continue to seek services from us which we find as a

positive. The main thing is to assure that the department?s reputation in the

community especially in the Hispanic community is maintained. We cannot afford

to lose our reputation of being both confidential and fair. The only caution in

this tale is that we still remain out there with the possibility of liability

for a child. As we understand the child is healthy at this point, so we think

we may be ok. Ms. Gosden asked if there were any questions regarding this

matter. It is disposed of and we will release it from the audit. We have

already notified both our local auditor and the state auditor. Dr. Carroll

asked what was the best possible solution that could be hoped for. Mr. Rumer

stated that if she just would write a check for $13,000 to $14,000 otherwise it

is a very favorable outcome.



Mr. Hughley asked as a State Agency, is there any form of immunity? Mr.Rumer

and Ms. Gosden both stated no. If our employees act outside of their scope of

responsibilities and you don?t have a contract with them stating that they are

on their own. Mr. Rumer stated that we do have insurance, but this was a Title

7 Discrimination. She was saying that we discriminated against her. Mr. Rumer

stated that the Health Department has insurance through the State of Georgia

and so when this occurred long before this piece of it showed up in the law

suit he contacted Ms. Charlene Reid, Department of Human Resources Risk Manager

and discussed with her the nature of the problem so that if indeed anything

ever came up it goes to Atlanta for the Attorney General to defend. Ms. Gosden

stated that does not keep the defendant or plaintiff in this case from coming

back after the Board. Also, Mr. Rumer stated that the Board is covered, but the

irony of all of this is the one who caused all of the trouble then sues us for

discrimination. Ms. Gosden stated we looked to see if she had been treated

differently in any way or if there were comments made. Ms. Gosden stated that

it was ironic that this is a minority dominated organization primarily black

female. We serve a predominately minority population so it?s like a oxymoron.

Ms. Gosden stated that when she came to work in 1981 our diversity was not the

case, but that is the case now. Mr. Rumer stated that the Department is about

235 employees about 51% is black and 79% was female. Dr. Carroll thanked Mr.

Rumer and Ms. Gosden for their report.



Dr. Carroll asked if there was any New Business. He referred to the FY09 City

Budget. He stated that the Board Members should have received their copy of the

budget in the mail. He asked if there were any questions about the budget. Mr.

Hugley stated that the City is in their budget process. They are in the process

of receiving budgets and once they have received them all, the Mayor and City

Manager and others will get involved and review those budgets and will go

through the budget process. Ms. Gosden stated that the budget is in two parts;

one for lease for space which is the long term arrangement that we have been in

with the city and the hospital authority and the other is the operating budget.

Ms. Gosden pointed out that the Health Department is asking for an increase. It

has been a number of years since we have received an increase. Specifically,

the last increase was in FY2001 and this is FY2009. Ms. Gosden stated that she

received an e-mail concerning current Legislative Actions. It appears there may

be another increase in the employee?s health insurance percentage. For us that

means an additional $65,000.00 added to this budget. The other escalating

expense is the cost of maintaining vehicles, especially fuel costs. We are

purchasing fuel from the city. The cost is in excess of $1,000.00 a month.

Energy and Fringe Benefits are the two things that have escalated. These are

not predictable expenses. Coupled with some losses in income due to the

CMO/Medicaid Program, it is really tough to go eight years without any

increases from the City. Whatever can be done to increase our amount from the

City, we will be truly grateful.



Dr. Carroll asked for a motion to approve the FY09 City Budget. A motion was

made by Ms. Dozier, seconded by Dr. Lawrence and approved by those members

present. (It was noted that three Board Members approved the motion, but Mayor

Wetherington and Mr. Hugley, City Manager cannot vote on the City Budget.)



Dr. Carroll asked Dr. Koppanyi for his comments on the Legislative Study

Committee to remove Public Health from DHR. The Governor sensitive to large

criticism and has appointed a new commission to look at the reorganization of

the Department of Human Resources and specifically the Division of Public

Health. Three groups have reported over the last two years each highlighting

the need for additional funding. These groups truly understood what the role of

Public Health is pointed out the fact that Public health had received

tremendous budget cuts over a five year period. Therefore, they all came to the

same conclusion and came back with the same recommendations that the Division

is under funded and in need of more support. One suggestion for reorganization

is that Public Health would be better located under DCH dealing with Medicaid.

It was stated that we should not take this as an accomplished fact. We should

at this point, if we really wanted to be free standing, independent department,

pursue and speak to the lobbyists and the legislators. The ideal situation

would be that the Division of Public Health should be a free standing

department. The new Commissioner is due to report out by the 2nd. of July. In

the mean time we need to do some lobbying and provide information as needed

through GPHA.



There was a brief discussion regarding these issues. Dr. Carroll stated that if

anyone has any connections or anyone they would like to speak to them about

these issues would be helpful.



Ms. Gosden stated at some point this Board and possibly the City would forward

a motion or a resolution along with the other 15 Boards to the Georgia Public

Health Association, and to its President Dr. Skelton. We will use that avenue

to express the Board?s feelings concerning reorganization.



Dr. Carroll stated that Dr. Todd Jarrell would be joining the Board as a new

member. He is very interested and Dr. Carroll talked with him regarding the

political side and with his background being from Butler, Dr. Carroll feels

that he carries a lot of knowledge on where we are coming from and what our

interests are here. He feels that Dr. Jarrell will be a real asset to the

Board. He was on the State Board and when Perdue came in he was axed.



Dr. Carroll called on Ms. Gosden for the Equipment Request. Ms. Gosden stated

that a new EKG machine should to be purchased to support Adult Health and

SHAPP/Hypertension. The old machine was purchased when the

Health Department moved into this building approximately 10-12 years ago. The

staff has done research on possibilities and have found a machine that has both

interpretation and a Spirometer. We would ask the Board to authorize the

purchase up to $5,000.00. Dr. Carroll asked for a motion to purchase the EKG

machine. A motion was made by Mr. Hugley, seconded by Ms. Dozier and approved

by those members present.



Dr. Carroll asked Dr. Koppanyi if he had any other comments to share with the

Board. Dr. Koppanyi stated that the Men?s and Women?s Expo was a great success.

There were 980 people that were screened. Everything went very smoothly and the

final results would be available in several months.



Dr. Carroll asked Ms. Middleton for the financial report to the Board.



Dr. Carroll called on Tori Endres and Antonio Lawrence, District Clinical

Services for the program presentation. There was a brief discussion with the

Board members.



Dr. Carroll asked if there was any other business to discuss. There being none,

the meeting was adjourned.



Respectfully submitted:



___________________________________

Charlene Ellis, Secretary

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