CCMH Board grants Sun’s wish

At the end of the article the Sun wrote in our June 13, 2024 issue, the hope was expressed that the CCMH Board would discuss the AG’s letter to them in open session. They did, kinda sorta.

After about two hours of hospital business they came to item number 6 on the agenda – new business. Lordy. It follows.

Statement by M. Leroux

Meeting: June 24, 2024

New Business: Board Training

In New Business we have Board Training. Unfortunately, this topic has been somewhat sensationalized with one version of the story and no comment sought from the hospital board before print in the Sun Newspaper on June 13, 2024, or in the following week’s publication.

The pen can be mightier than the sword, and in the wrong hands, it can be dangerous. It’s vital that community leaders and influencers speak up when they see injustices. Speak up with confidence, speak up with passion, but above all, speak with truth. (Was the AG’s letter not the truth?)

Sensationalizing one side of the story without comment from the board, in hopes the board will address the allegations during its open session eleven days after printing one side, is a defilement of journalism ethics. (Please explain. You could have responded in the issue of the 20th but, you chose to grandstand at the board meeting).

Words hold power. Writers should always choose good over evil – truth over bias. Readers beware. Ink smudges on your fingertips are not always the only smears you see. (What?)

Board, as you have already been informed, the Missouri Attorney General’s Office reviewed a complaint of alleged issues regarding the Board’s compliance with the Sunshine Law. According to a letter from the AGO, dated May 20, 2024, it has concluded its review of the matter and quote, “did not find sufficient evidence to conclude that the Board violated the Sunshine Law.”

The AGO review included evaluating documents from the complainant, Mr. Harold Fugate, the board, the plain text of the Sunshine Law, and relevant court decisions.

The focus of the review was on the Board’s protocols governing public records and the Board’s meeting notices and agendas for public meetings where proposed amendments to the Board’s Bylaws were discussed.

The AGO reported that it “did not find sufficient evidence to conclude that the Board likely violated the Sunshine Law when discussing and voting on Bylaws changes in public meetings.”

The AGO recognized that the Board’s attempt to change the bylaws were prompted to protect the confidentiality of information received during closed session.

The AGO reminded the board in future changes to the Bylaws to remember the spirit of the Sunshine Law and to “strive to adopt Bylaws that promote openness and accountability against individuals who improperly close – not disclose – public records or meeting information.” Basically, it is the job of the AGO to ensure public boards are not discussing items that should be OPEN during CLOSED-session. The letter states, “Of the concerns noted above, thus far the AGO has not yet received sufficient evidence that any particular Board meeting or public record has, in fact, been improperly closed.”

The Board has done an outstanding job ensuring open-session topics are, in fact, discussed in OPEN session and provide proper oversight in a timely manner. The Board notes that it is aware of one incident where a board member mentioned content best suitable for an open-session meeting during a closed-session meeting. The board member in violation, Harold Fugate, was informed by the board of the legal implications and potential violation to the Sunshine Law. The content presented and discussed was promptly moved from the closed-meeting minutes to the open-session meeting minutes.

The AGO pointed out that some areas of concern, presented by the complainant, Mr. Fugate, had nothing to do with the Sunshine Law.

For example, Board Policy #0001 – Public Comments Guidelines, which was approved by a 4-1 vote at the November 2023 meeting and then later revoked by the board, was among the alleged issues shared with the AGO. This policy has nothing to do with the Sunshine Law and according to the AGO, there are no state statutes that require boards to have a public comment section during their business meetings. However, boards that provide the opportunity for public comment are encouraged to approve policies that allow for an organized and productive business meeting while still hearing from the public.

I now ask Secretary/Treasurer David Bozarth to expand on a few other details in the letter and explain the recommendations by the AGO.

I asked Mr. Bozarth for his comments and he said he would email them. As of 9 p.m. I had not received them.

Thank you David. We will mark our calendars. We look forward to this training.

As soon as the alleged issues were formally brought to the board, members Melissa Gallette and Katie McGee were appointed to the bylaws committee and have begun meeting and discussing potential changes to the bylaws with guidance from our attorneys and the AGO. Board members have collectively been working under the previous bylaws, last updated on August 16, 2021.

All members of the hospital board were present: President Marvin Manring , LaRoux, Katie McGee, Melissa Gallette, David Bozarth as well as board attorney Janae Graham

The Board heard the audit report and from engineers working on a master plan. They said that they were surprised the a building as old as the hospital was in as good a shape as it is. The hospital opened in 1961 and has sense had several additions added to the original structure. The engineers stated that adjustments need to be made for the facility to accommodate things like new a/c vents and new equipment.

There will be more next week.