The Sanilac County Board of Commissioners sent Jamie Daws, Health Board Chairperson a letter earlier this month describing concerns the Board had regarding possible violations of the Open Meetings Act by the Health Board. The Board also expressed concern over what could be construed as lack of transparency and the need to be open with County constituents.
On Thursday, August 12th, Daws and Health Director Bryant Wilkie had what BOC Chairman Gary Heberling described as a heated meeting at first, between the two health officials along with Heberling and BOC Vice-Chairman Joel Wyatt. IOn the end, after emotions settled, Heberling said constructive dialogue was had.
Below is a response Health Board Chairperson Daws sent to answer the concerns of the Board of Commission – which Sanilac Broadcasting printed in it’s entirety last week on their website.
Daws wrote:
Unfortunately, there was some misinformation received by the BOC and due to a breakdown in communications, this letter is the result.
In regard to the “lack of public meetings”- in the past 12 months our board has met 10 times. We did not have a meeting in January, nor did we have one in March. During that time, as you may remember, our Covid-19 cases were at an all time high. In addition, the Health Department was establishing Covid Immunization clinics and trying to work the kinks out of that, while continuing our day to day services to the public.
The Health Officer, Medical Director and others were keeping us updated with constant reporting. It was determined at that time it was better served for the staff and administration on those occasions to spend the time working direct services to the residents than it was to spend a day preparing reports with information we’ve already seen and taking time to sit in on a virtual meeting with us. We are not the only county to have made such decisions, and we did so with the belief that it was the best and most effective use of time.
Daws went on to say, “The statements made regarding “secrecy and a lack of transparency” in my opinion would imply that there was a lack of dialogue or disclosure about activities, issues or things that came before our board. In the past year, communication and reporting has been at an all time high due to Covid and the ever evolving list of mandates that were being handed down.
Not only were there bi-monthly updates and email correspondence from Dr. Hamed and Bryant, there was also involvement in the EOC, which included commissioners, and I am sure you personally can recall the weekly updates. Unfortunately, I believe it to be a poor choice of words, that again were written before any communications were had.”
According to Daws’ letter, “The pandemic has been a strain on resources, personnel and every individual in our county. Over the course of the last several months many of us have taken calls from citizens- commissioners and Board of Health members alike. I personally have fielded calls from other government entities, local business owners, friends and family. There has never been an issue for anyone to gain access to me, although it was seemingly implied. I will again reference the breakdown in communication.”
She continued, “In regard to the alleged violations dated June 25, 2021 and July 23, 2021- The July meeting was held at our regular date and time both virtually and physically. It was brought to our attention the evening of July 22 that should we meet virtually we may be in violation of the Open Meetings Act. With that information, and of course the desire NOT to do such a thing, we held our meeting, with a quorum and on both platforms.”
Daws adds, “Since this was not a re-scheduled or special meeting, there was no need to post a change and therefore was not a violation. On June 25,2021, our board met virtually at the regularly scheduled meeting time. We had previously, by a consensus of the full board, agreed to do this due to accessibility issues (Street construction and limited space in the conference areas). You may recall this took place just after the MDHHS restrictions were lifted in regard to indoor gatherings as well.”
Daws pointed out, “Try as we might as public officials, we are still human and occasionally errors, not “deliberate” actions, do happen. There was clearly no ill intent from our board as that virtual meeting was open to the public, just as all the previous. In fact, it is such an easy misstep to make that when the Board of Commissioners entered closed session to discuss the matter and the letter, it appears they too accidentally violated the Open Meetings Act and therefore their by-laws.”
She acknowledges, “Since the issuance of this letter, Commissioner Heberling, myself and others were able to sit down, have a conversation about what happened, how it happened and how important communication is from all sides. We came to a mutual understanding that I believe, will assist in moving forward and working together for the best interest of the county, with open lines of communication.”
She concluded, “Most of the actions requested for our consideration were things that the department has historically done however due to website upgrades, covid dashboards and such matters, have recently fallen off the website. Our board will be reviewing and assessing the by-laws and other such matters at our next meeting and if anyone needs an invitation to join, well, our door is always open and we will also have call in lines available.”
Chairman Heberling said this week that he felt issues have been addressed and he looks forward to boards working together for the good of all County constituents. He said he also expects there to be no further issues, so as to avoid further action.
