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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