The Sanilac County Board of Commission met in closed session at their most recent meeting, and shortly after that, directed County administration to draft a letter to the Chairperson of the Sanilac County Board of Health regarding what they feel is a violation of the Open Meetings Act The Chairperson, Jamie Daws, has until Monday, August 16 to give her written reply to Commission Chairman Gary Heberling who signed the letter on behalf of the Board of Commissioners. Below is the letter, obtained by Sanilac Broadcasting.
Ms. Jamie Daws, Chairperson
Sanilac County Board of Health
171 Dawson Street Suite 123
Sandusky, MI 48471
Dear Ms. Daws,
During the Board of Commissioners meeting on Tuesday, August 3, 2021 discussion was held on the Board of Health’s recent actions taken that, we believe, directly violate the Open Meetings Act, as well as Board of Health By-laws.
Additionally, of great concern, are the lack of public meetings, public input and transparency on issues which greatly impact all of our County constituents and businesses who we serve. This pattern of behavior is extremely discouraging and requires immediate redress.
We are providing you with the opportunity to respond with an outline of corrective action for the noted violations, ensuring openness and transparency moving forward. This is particularly critical for you in the role of Chairperson of the Board of Health.
The violations are as noted:
1. June 25, 2021: The Board of Health held a regular meeting virtually, in which a quorum was present and items before the Board were deliberated. The Open Meetings Act requires in-person meetings, as there was no statewide or local state of emergency declared by the local governing body at the time of this meeting.
2. July 23, 2021: The Board of Health had planned for a regular, virtual meeting. On July 22, 2021, a health board member communicated to you the meeting needed to be held in person to comply with the Open Meetings Act. You replied that the meeting would be held in person at the same time, on July 23, 2021, at 10 a.m. The Open Meetings Ace requires a public notice stating the date, time and place of rescheduled regular or special meetings of as public body to be posted at least 18 hours before the meeting. This meeting was not posted with the place of the meeting, at least 18 hours prior to being held.
The right of the public to be present at Board of Health meetings is incorporated into the provisions of the Open Meetings Act. The Board of Health By-laws clearly indicate the expectation that the Board of Health will facilitate their meetings in accordance with the Open Meetings Act. The violations of the Board of Health deliberately denied the public access to the Board’s actions. We are in a global situation that has required historical action by Federal, State and local health agencies to protect public health. It is critical that County constituents have direct, meaningful access to governing bodies, especially those that oversee an agency with broad power to affect operations of private business and the lives of private citizens.
The Board of Health and Health Officer have the ability to enforce rules or regulations on County residents. Our County constituents deserve and expect their elected and appointed representatives to conduct themselves professionally and open to the public. The Board of Health not only violated the Open Meetings Act, but also violated their own by-laws. These reckless actions further escalate the public’s lack of trust in our local health agencies, because of the appearance that public officials are exempt from the rules.
Secrecy and lack of transparency, whether in violation of a stature or not, causes significant distrust and in in violation of the responsibilities and expectations that all demand from the Board of Health, particularly during this critical time.
Ultimately, it is the Chairperson’s responsibility to ensure meetings are held in accordance with all laws and by-laws that pertain to the Board of Health. It is your responsibility to assure the Board is open and transparent. You have placed the Health Department, Board of Health and Sanilac County in a situation of liability, and we may be sued for violation of the Open Meetings Act.
In addition, and in an effort to increase transparency with the Board of Commissioners and more importantly, our County constituents, I am requesting the following actions to be implemented.
* Board of Health minutes must be provided to the Sanilac County Board of Commissioners for placement in Communications. Minutes can be emailed to the Board Secretary, Jody Morris: jmorris@sanilaccounty.net
* The Board of Health meeting schedule shall be posted on the Health Department website, so it is easily accessible to the public, should they wish to attend a meeting.
*Board of Health agendas shall be posted to the Health Department website, at least four days prior to the scheduled meeting.
*Board of Health By-laws shall be provided to all Board of Health members for review.
*Implement an annual review of Board of Health By-laws and as formal adoption of By-laws each year, at the Organizational Meeting.
Please acknowledge the noted violations and provide your plan to ensure compliance and actions to assure openness and transparency, going forward, with the Oepn Meetings Act and the Board of Health By-laws.
Chairman Heberling told Daws he is requesting a written response to this letter no later than 4 p.m. Monday, August 16, 2021.
The letter was CC’d to members of the Sanilac County Board of Health as well as the Sanilac County Board of Commissioners.
