WEBVTT 00:00:00.546 --> 00:00:11.786 - All right, it is 4.30 PM. I'm calling the October 12th, 2026 Board of Health special session to order. 00:00:11.786 --> 00:00:23.135 - As this is a special session, public comment will not be heard this evening. Our first item of business 00:00:23.135 --> 00:00:29.246 - is to take a vote on whether to hold a hearing pursuant 00:00:29.890 --> 00:00:51.074 - to Indiana code 16-20-1-28 regarding the health officer. I do want to say that if in making this decision, 00:00:51.074 --> 00:00:56.222 - if we make this decision, 00:00:59.778 --> 00:01:10.610 - We do not waive the rights. I think I'll say that part later. So I think we need to take a vote. Do 00:01:10.610 --> 00:01:21.767 - we need to have board discussion? This is simply, I'm sorry. We need a motion. Yes, I'll need a motion 00:01:21.767 --> 00:01:29.566 - to take a vote as to whether to hold a hearing pursuant to IC 16-20-128 00:01:30.274 --> 00:01:45.074 - Regarding to help us. So moved. And I'm going to take a roll call vote. So, okay. Yes. Steven. Yes. 00:01:45.074 --> 00:01:50.846 - Kevin. Yes. Michael. Yes. Myself. Yes. 00:01:57.442 --> 00:02:06.221 - The board votes in favor of holding a hearing. The board has voted to hold a hearing under Indiana code 00:02:06.221 --> 00:02:14.746 - 16-20-1-28 to consider whether cause exists to remove the health officer. I wanna be clear that this 00:02:14.746 --> 00:02:23.188 - bill reflects no conclusion about the cause. Board has made no decision and none will be made until 00:02:23.188 --> 00:02:26.142 - after the hearing in open session. 00:02:26.914 --> 00:02:36.813 - once Dr. Ryderbrand has got full opportunity to respond. I also want to say that we do not waive the 00:02:36.813 --> 00:02:47.299 - right to follow the contract that we have with the health officer that says that we can waive the contract 00:02:47.299 --> 00:02:56.414 - at will, that we can sever the contract at will for no costs. So we do not waive that right. 00:02:59.586 --> 00:03:10.338 - To make sure that the hearing is fair and orderly, I'm going to read a set of proposed procedures for 00:03:10.338 --> 00:03:21.090 - the board to consider. And then I will like to take a vote. Yes, I'll distribute copies. I'm going to 00:03:21.090 --> 00:03:28.574 - read this aloud. This is a resolution adopting procedures for hearing. 00:03:29.026 --> 00:03:36.663 - to consider removal of a health officer. Whereas the Monroe County Board of Health, known as board, 00:03:36.663 --> 00:03:44.606 - has identified possible cause to remove the health officer pursuant to Indiana Code 16-20-1-28. Whereas 00:03:44.606 --> 00:03:52.396 - the board finds it necessary to establish rules of procedure for any hearing related to this possible 00:03:52.396 --> 00:03:58.430 - cause to ensure fairness, efficiency, compliance with Indiana Code 16-20-1-28, 00:03:58.914 --> 00:04:05.591 - and that all parties have an equal opportunity to be heard. And whereas the board for efficiency wishes 00:04:05.591 --> 00:04:12.460 - to use these established rules of procedure for the current pending removal hearing and any future removal 00:04:12.460 --> 00:04:19.008 - hearings unless otherwise stated by the board. Now therefore be it resolved by the board or the board 00:04:19.008 --> 00:04:25.620 - establishes the following procedures specifically for current and future removal hearings. Number one, 00:04:25.620 --> 00:04:28.702 - the board chair will call the hearing regarding 00:04:28.834 --> 00:04:35.320 - Renewal to order. Number two, any individual wishing to offer testimony and or evidence before the board 00:04:35.320 --> 00:04:41.559 - will be asked to take an oath. Number three, a designated member of the board presenter will present 00:04:41.559 --> 00:04:47.860 - evidence and argument for no more than 30 minutes unless the board votes to allow additional time for 00:04:47.860 --> 00:04:54.037 - the presenter. During this time, any witnesses against the health officer will testify. Any written 00:04:54.037 --> 00:04:56.446 - evidence will be read into the record. 00:04:56.962 --> 00:05:04.035 - presenter has the burden of proving the argument, including providing facts and evidence that there 00:05:04.035 --> 00:05:11.461 - is this pause to remove the health officer pursuant to Indiana code 16-20-1-28. The board will recognize 00:05:11.461 --> 00:05:18.746 - the health officer. The health officer may choose to be represented by council. The health officer may 00:05:18.746 --> 00:05:23.838 - present evidence and argument to the board for no more than 30 minutes. 00:05:24.322 --> 00:05:30.098 - Any extension of time afforded to the presenter will also equally be afforded to the health officer. 00:05:30.098 --> 00:05:36.046 - During this time, witnesses on behalf of the health officer may testify. If the health officer doesn't, 00:05:36.046 --> 00:05:42.165 - any written response received from the health officer addressed to the board will be read into the record. 00:05:42.165 --> 00:05:47.942 - The presenter will have no more than five minutes to give the bottle to testimony offered during the 00:05:47.942 --> 00:05:49.886 - health officer's designated time. 00:05:50.594 --> 00:05:56.675 - The health officer will have no more than five minutes to respond to the presenter's rebuttal. Evidence 00:05:56.675 --> 00:06:02.580 - and or argument presented by the party should be directed at the board and not other parties present 00:06:02.580 --> 00:06:08.895 - at the hearing. Number eight, the board members may ask any individual who offers testimony and or evidence 00:06:08.895 --> 00:06:14.917 - questions. If the board members ask questions of the presenter or health officer, time spent answering 00:06:14.917 --> 00:06:18.718 - the questions will not be counted against the individual's time. 00:06:19.874 --> 00:06:26.168 - If the presenter or health officer offers documents as evidence, a copy of such must be provided to 00:06:26.168 --> 00:06:32.588 - the board to be included in the record of the hearing. A copy should also be provided to the opposing 00:06:32.588 --> 00:06:38.882 - party. Number 10, the hearing may be continued from time to time. Number 11, upon conclusion of the 00:06:38.882 --> 00:06:45.428 - evidence and or argument, the board will close the hearing and thereafter discuss the matter and decide 00:06:45.428 --> 00:06:48.638 - whether cause exists to remove the health officer. 00:06:48.930 --> 00:07:04.491 - pursuant to Indiana code 16-20-1-28. And what action do they need to take? May I have, if the board 00:07:04.491 --> 00:07:17.406 - is in agreeance to adopt these rules for the hearing as read, may I have a motion? 00:07:23.586 --> 00:07:39.169 - I motion to adopt these. This resolution. Adopted procedures as written. 2nd. I will follow up. Oh, 00:07:39.169 --> 00:07:52.414 - yes, it's in the time for discussion. Oh, I'm sorry. 2nd and then. Yes, I'd like to. 00:07:54.978 --> 00:08:09.490 - does this say that we have to present actual written testimony from or have the appearance of persons 00:08:09.490 --> 00:08:23.006 - that are presenting evidence of something? So is that what this actually says? So we can't use 00:08:23.842 --> 00:08:37.526 - any evidence that is spoken or transmitted to us that's not in writing. Is that what this is saying? 00:08:37.526 --> 00:08:50.398 - Dave? Dave Schelling, can you allow him to read? So Dave, the question is, with this document, 00:08:52.290 --> 00:09:01.199 - Does everything have to be written? No. You're saying. No, the written part is the health officer is 00:09:01.199 --> 00:09:10.108 - allowing this time any witness against the health officer will testify. Any written evidence will be 00:09:10.108 --> 00:09:19.105 - read into the record. Well, does that mean that all all the evidence? Has to be written. Or presented 00:09:19.105 --> 00:09:21.310 - by. A particular person. 00:09:21.538 --> 00:09:31.436 - I mean, it couldn't be transmitted via another person, i.e. one of the board members. I don't know the 00:09:31.436 --> 00:09:41.238 - answer to that. Yeah. I don't have the exact copy in front of you, but the rules that I reviewed just 00:09:41.238 --> 00:09:48.542 - allowed you to do that, but did not require evidence to be put in any form. 00:09:48.674 --> 00:09:57.594 - If there's oral testimony or statements regarding a factual situation or a belief, that's fine to put 00:09:57.594 --> 00:10:06.513 - into the record. It doesn't have to be in writing. The record or the hearing will be recorded, and so 00:10:06.513 --> 00:10:15.870 - anything that's said can be transcribed later anyway. That's just in there in case people want to do that. 00:10:20.642 --> 00:10:37.882 - Any further discussion? Seeing none, I'll take a roll call vote. Kay? Yes. Steve? Yes. Kevin? Yes. Michael? 00:10:37.882 --> 00:10:49.694 - Yes. Myself, yes. Also for the record, if we as a board decide to proceed 00:10:50.594 --> 00:11:05.121 - with our contractual agreement that says that the health officer is an at-will employee, we would honor 00:11:05.121 --> 00:11:15.038 - giving the health officer an opportunity to discuss her case publicly. 00:11:18.690 --> 00:11:31.685 - I wanted that noted. Is there any further business? Do we have a motion to adjourn? Second. 00:11:31.685 --> 00:11:45.810 - Meeting adjourned. No, meeting's not adjourned. One moment. I missed one part. We're not adjourning 00:11:45.810 --> 00:11:47.646 - the meeting. 00:11:47.970 --> 00:12:02.209 - I motion that we not adjourn. So the hearing will be held on October 22nd, 2026. Directly following 00:12:02.209 --> 00:12:15.166 - the regular board meeting, which occurs at four thirds. And that will be at this location. 00:12:16.610 --> 00:12:28.694 - I would like to request that the county attorney provide written notice to Dr. Ryderbrand at least five 00:12:28.694 --> 00:12:40.429 - days prior to the hearing as required by statute and provide confirmation of the delivery method and 00:12:40.429 --> 00:12:46.238 - notices contact contents for the board's records. 00:12:46.434 --> 00:12:57.074 - I will do that. Dr Robinson. Thank you. Thank you. Any further business? Okay, do I have a motion to 00:12:57.074 --> 00:13:05.502 - adjourn? Yes, I motion to adjourn. I second. Okay, meeting is adjourned at 443.