& Learns the Ropes
Feb 7 2022
Govt.
agencies often have problems following Open Meetings Law (OML)
which are pretty much black and white. To make matters even
simpler for elected and appointed leaders, the W Va Ethics
Commission provides "opinions" on what to do and what to not
do. Here's the kicker readers, if a Govt agency follows those
opinions, it is a guarantee, if they get sued, the agency has
an absolute defense.
Twenty five years ago Clay County Commission organized a public meeting where all the invitees were schooled on OML guidelines. At that time a lawyer rep from the Attorney General's office (Dawn Warfield if memory serves us right) and the ACLU of W Va Director. The CCC room was packed. Every pew was filled to capacity. As lay questions came and official answers were provided, tension started to fill the meeting. Each time the attorney spoke, local yocal leaders disputed almost every statement. Stuff like: We ain't never done it that way!!! And, That's BS, we can't operate in public like that!!
That was 25 years ago. That's a long time. Most of those attending back then are long out of office. With many new faces in power these days, it's sort of understandable how they could be unaware of what the law demands.
Three months back the local Health Dept Board got in trouble over rejecting $3M in free grant funds. So embarrassed were county leaders, the CCC attended a Health Board meeting where the elected folks chewed some Health Boardster arss. If that wasn't good enough, they went secret and chewed some more. Our thought is, during the closed door butt chewing the Commission told the Health Board, get some open meetings law training, do it right away, and change the Director to boot.
Most County employees are "at will" employees, That amounts to, without reason or cause, if the boss wants them fired, all he or she has to do is say, we no longer need your services and get out of here.
The Clay Health Dept employees are not "at will" workers. Instead, they are covered by the Civil Service Commission guidelines. Now a days, Civil Service is called the Div of Personnel. Even with that newer name, the same regs on hiring, firing, and discipline apply to those covered employees after a probationary period is completed.
With all that said.... The Clay Health Dept held a public meeting on Feb 7th beginning at 4pm. All Boardsters were present in person. County Medical Director Lela Patel participated via an internet connection and County Commissioner Connie Kinder.
Via that internet connection were W Va Ethics Commission Director Beverly Weber and from the Div of Personnel rep Elisabeth Arthur. Both were there to provide the facts on what they can and can't do and what actions they are and aren't allowed to do. From the Clay office staff, Angela Brown and Phillena Frame were present. Angela Brown ran the first hour of this public meeting.
Twenty five years ago Clay County Commission organized a public meeting where all the invitees were schooled on OML guidelines. At that time a lawyer rep from the Attorney General's office (Dawn Warfield if memory serves us right) and the ACLU of W Va Director. The CCC room was packed. Every pew was filled to capacity. As lay questions came and official answers were provided, tension started to fill the meeting. Each time the attorney spoke, local yocal leaders disputed almost every statement. Stuff like: We ain't never done it that way!!! And, That's BS, we can't operate in public like that!!
That was 25 years ago. That's a long time. Most of those attending back then are long out of office. With many new faces in power these days, it's sort of understandable how they could be unaware of what the law demands.
Three months back the local Health Dept Board got in trouble over rejecting $3M in free grant funds. So embarrassed were county leaders, the CCC attended a Health Board meeting where the elected folks chewed some Health Boardster arss. If that wasn't good enough, they went secret and chewed some more. Our thought is, during the closed door butt chewing the Commission told the Health Board, get some open meetings law training, do it right away, and change the Director to boot.
Most County employees are "at will" employees, That amounts to, without reason or cause, if the boss wants them fired, all he or she has to do is say, we no longer need your services and get out of here.
The Clay Health Dept employees are not "at will" workers. Instead, they are covered by the Civil Service Commission guidelines. Now a days, Civil Service is called the Div of Personnel. Even with that newer name, the same regs on hiring, firing, and discipline apply to those covered employees after a probationary period is completed.
With all that said.... The Clay Health Dept held a public meeting on Feb 7th beginning at 4pm. All Boardsters were present in person. County Medical Director Lela Patel participated via an internet connection and County Commissioner Connie Kinder.
Via that internet connection were W Va Ethics Commission Director Beverly Weber and from the Div of Personnel rep Elisabeth Arthur. Both were there to provide the facts on what they can and can't do and what actions they are and aren't allowed to do. From the Clay office staff, Angela Brown and Phillena Frame were present. Angela Brown ran the first hour of this public meeting.
Here's a
problem with internet meetings. The one dinky little laptop
puter speakers that was used, it could barely be heard
around the room. Fortunately, both Charleston leaders had
their exact words reduced to print. The lengthy transcripts
were handed out to all in attendance. Any time those internet
speech wasn't audible, it was easy to reference via the 1/2
inch thick transcript.
And boy oh boy, the facts were laid out plain and simple. No no not yelling or finger pointing, just clear Yes you can or No you can not.
In the way of a happy face, most Boardsters paid attention. Most, except those playing with their cell phones.
And boy oh boy, the facts were laid out plain and simple. No no not yelling or finger pointing, just clear Yes you can or No you can not.
In the way of a happy face, most Boardsters paid attention. Most, except those playing with their cell phones.
Health Boardsters from left, Joyce McLaughlin, Ted Underwood,Amanda Shelton, Judith Combs, Beth Hubbard. Also attending the meeting was County Commissioner Connie Kinder, far right
We don't have
the time to hit every important point but here goes with a few
highlights from the talking heads on the white screen. We're
not noting which point came from Ethics or Div Personnel. If
there's any questions, that transcript is still available at
the Health Dept. The below rules apply to paid, unpaid,
elected, and appointed govt officials.
Here goes
You can't do anything for personal gain and that applies to using govt cell phones for private use.
Long time readers may remember something along these lines: No Sam's Club can be used for personal purchases
If an official gets pulled over by a Badge the person can not say, Listen here you fat ole pig, I am Ms Dippity Dumb Bunny Chairman of this or that.
Nepotism can not be practiced. Nepotism includes hiring : mother, father, brother, son, daughter, grandmother, grandfather, grandchild, mother in law, father in law, sister in law, brother in law, son in law or daughter in law.
Here's a cutey. No funds can be used to reward say a School Superintendent with a vacation or support an election, candidate.
That not for private gain includes spending tax dollars for meal expenses.
There is a $25 per employee allotment for say retirement parties plus purchase up to of a $100 for a commemorative plaque or item
Say you are a Supervisor and your daughter is selling girl scout cookies, that supervisor can not solicit contributions from a subordinate
Public servants can NOT have ANY interest in a public contract over $1000.
During secret time sessions, a public official may NOT vote on any matter involving a relative. That official MUST state the reason he or she is abstaining from the vote and before leaving the room.
If an official gets caught violating the rules the least punishment that can levied is a public reprimand all the way up to getting fired.
Most of those items, are well known. They may not be followed but, most thinking people understand those just above requirements.
Not for the stuff we find real juicy. Here goes with those snippets of rules on Open Meetings Law (OML)
If you are a govt agency of most any stripe, you have to follow the law.
Relating to COVID and convening a meeting, they can be done via teleconference or ZOOM as long as the public is given access to either remote offering
Officials can run into other elected official (talk to em) as long as there is NO intent to talk business and " no intention for the discussion to lead to official action".
Meetings are required to have posted agendas ahead of time. Regular meetings require three business day public notice. Special meetings require 2 business day public notice. Emergency meetings are allowed only when there is an imminent threat to public safety, health , damage to public property or substantial harm to a public agency. Vague agenda items like old business, new business, won't cut it. Neither will personnel headings be allowed.
There must be an agenda heading and reason on the agenda before conducting a secret meeting. All decisions made must be done in public. The name has to be included.
Let's stop here for a minute readers....
During that arss chewing secret time session last month between the County Commission and the Health Bd, there was no such secret time mentioned on the meeting agenda. Before the two groups went secret, a fat guy in the peanut gallery told em, You can't go secret, it's not on the agenda!!
They did anyway!
During a Commission meeting in the last 6 months, the CCC went secret without notice given on the agenda. Before that secret time, a guy in that peanut gallery told em, that is unlawful. Commissioner Fran King, Yes we can and yes we will. And they did.
Our Sch Boardsters often go into secret executive session. Each and every time they say, it's a personnel item. State Code 6-9a-4 is explicit , saying "personnel" is NOT an allowed reason for going secret.
It is no wonder why few in this county have trust in elected and appointed officials. If they won't follow the law in public, why would anyone believe they would do so behind closed doors.
Those posted agendas have to include clarity on what is going to be discussed and or voted on. Most county govt agencies do not meet that muster. Those bogus agendas include the Clay Town Council meetings, CAEZ, and PSD monthly meetings. When the taxpayer reads those just mentioned bogus agendas, they can gather no idea of what's going on.
The ladies making the presentation to the Board of Health were explicit in their words. Ditto for the on paper hand outs.
From George MacDonald: To be trusted is a greater compliment than to be loved.
Now if our local leaders will just follow the law.
AW
Here goes
You can't do anything for personal gain and that applies to using govt cell phones for private use.
Long time readers may remember something along these lines: No Sam's Club can be used for personal purchases
If an official gets pulled over by a Badge the person can not say, Listen here you fat ole pig, I am Ms Dippity Dumb Bunny Chairman of this or that.
Nepotism can not be practiced. Nepotism includes hiring : mother, father, brother, son, daughter, grandmother, grandfather, grandchild, mother in law, father in law, sister in law, brother in law, son in law or daughter in law.
Here's a cutey. No funds can be used to reward say a School Superintendent with a vacation or support an election, candidate.
That not for private gain includes spending tax dollars for meal expenses.
There is a $25 per employee allotment for say retirement parties plus purchase up to of a $100 for a commemorative plaque or item
Say you are a Supervisor and your daughter is selling girl scout cookies, that supervisor can not solicit contributions from a subordinate
Public servants can NOT have ANY interest in a public contract over $1000.
During secret time sessions, a public official may NOT vote on any matter involving a relative. That official MUST state the reason he or she is abstaining from the vote and before leaving the room.
If an official gets caught violating the rules the least punishment that can levied is a public reprimand all the way up to getting fired.
Most of those items, are well known. They may not be followed but, most thinking people understand those just above requirements.
Not for the stuff we find real juicy. Here goes with those snippets of rules on Open Meetings Law (OML)
If you are a govt agency of most any stripe, you have to follow the law.
Relating to COVID and convening a meeting, they can be done via teleconference or ZOOM as long as the public is given access to either remote offering
Officials can run into other elected official (talk to em) as long as there is NO intent to talk business and " no intention for the discussion to lead to official action".
Meetings are required to have posted agendas ahead of time. Regular meetings require three business day public notice. Special meetings require 2 business day public notice. Emergency meetings are allowed only when there is an imminent threat to public safety, health , damage to public property or substantial harm to a public agency. Vague agenda items like old business, new business, won't cut it. Neither will personnel headings be allowed.
There must be an agenda heading and reason on the agenda before conducting a secret meeting. All decisions made must be done in public. The name has to be included.
Let's stop here for a minute readers....
During that arss chewing secret time session last month between the County Commission and the Health Bd, there was no such secret time mentioned on the meeting agenda. Before the two groups went secret, a fat guy in the peanut gallery told em, You can't go secret, it's not on the agenda!!
They did anyway!
During a Commission meeting in the last 6 months, the CCC went secret without notice given on the agenda. Before that secret time, a guy in that peanut gallery told em, that is unlawful. Commissioner Fran King, Yes we can and yes we will. And they did.
Our Sch Boardsters often go into secret executive session. Each and every time they say, it's a personnel item. State Code 6-9a-4 is explicit , saying "personnel" is NOT an allowed reason for going secret.
It is no wonder why few in this county have trust in elected and appointed officials. If they won't follow the law in public, why would anyone believe they would do so behind closed doors.
Those posted agendas have to include clarity on what is going to be discussed and or voted on. Most county govt agencies do not meet that muster. Those bogus agendas include the Clay Town Council meetings, CAEZ, and PSD monthly meetings. When the taxpayer reads those just mentioned bogus agendas, they can gather no idea of what's going on.
The ladies making the presentation to the Board of Health were explicit in their words. Ditto for the on paper hand outs.
From George MacDonald: To be trusted is a greater compliment than to be loved.
Now if our local leaders will just follow the law.
AW