All right, it is 4.30 PM. I'm calling the October 12th, 2026 Board of Health special session to order.
As this is a special session, public comment will not be heard this evening. Our first item of business
is to take a vote on whether to hold a hearing pursuant
to Indiana code 16-20-1-28 regarding the health officer. I do want to say that if in making this decision,
if we make this decision,
We do not waive the rights. I think I'll say that part later. So I think we need to take a vote. Do
we need to have board discussion? This is simply, I'm sorry. We need a motion. Yes, I'll need a motion
to take a vote as to whether to hold a hearing pursuant to IC 16-20-128
Regarding to help us. So moved. And I'm going to take a roll call vote. So, okay. Yes. Steven. Yes.
Kevin. Yes. Michael. Yes. Myself. Yes.
The board votes in favor of holding a hearing. The board has voted to hold a hearing under Indiana code
16-20-1-28 to consider whether cause exists to remove the health officer. I wanna be clear that this
bill reflects no conclusion about the cause. Board has made no decision and none will be made until
after the hearing in open session.
once Dr. Ryderbrand has got full opportunity to respond. I also want to say that we do not waive the
right to follow the contract that we have with the health officer that says that we can waive the contract
at will, that we can sever the contract at will for no costs. So we do not waive that right.
To make sure that the hearing is fair and orderly, I'm going to read a set of proposed procedures for
the board to consider. And then I will like to take a vote. Yes, I'll distribute copies. I'm going to
read this aloud. This is a resolution adopting procedures for hearing.
to consider removal of a health officer. Whereas the Monroe County Board of Health, known as board,
has identified possible cause to remove the health officer pursuant to Indiana Code 16-20-1-28. Whereas
the board finds it necessary to establish rules of procedure for any hearing related to this possible
cause to ensure fairness, efficiency, compliance with Indiana Code 16-20-1-28,
and that all parties have an equal opportunity to be heard. And whereas the board for efficiency wishes
to use these established rules of procedure for the current pending removal hearing and any future removal
hearings unless otherwise stated by the board. Now therefore be it resolved by the board or the board
establishes the following procedures specifically for current and future removal hearings. Number one,
the board chair will call the hearing regarding
Renewal to order. Number two, any individual wishing to offer testimony and or evidence before the board
will be asked to take an oath. Number three, a designated member of the board presenter will present
evidence and argument for no more than 30 minutes unless the board votes to allow additional time for
the presenter. During this time, any witnesses against the health officer will testify. Any written
evidence will be read into the record.
presenter has the burden of proving the argument, including providing facts and evidence that there
is this pause to remove the health officer pursuant to Indiana code 16-20-1-28. The board will recognize
the health officer. The health officer may choose to be represented by council. The health officer may
present evidence and argument to the board for no more than 30 minutes.
Any extension of time afforded to the presenter will also equally be afforded to the health officer.
During this time, witnesses on behalf of the health officer may testify. If the health officer doesn't,
any written response received from the health officer addressed to the board will be read into the record.
The presenter will have no more than five minutes to give the bottle to testimony offered during the
health officer's designated time.
The health officer will have no more than five minutes to respond to the presenter's rebuttal. Evidence
and or argument presented by the party should be directed at the board and not other parties present
at the hearing. Number eight, the board members may ask any individual who offers testimony and or evidence
questions. If the board members ask questions of the presenter or health officer, time spent answering
the questions will not be counted against the individual's time.
If the presenter or health officer offers documents as evidence, a copy of such must be provided to
the board to be included in the record of the hearing. A copy should also be provided to the opposing
party. Number 10, the hearing may be continued from time to time. Number 11, upon conclusion of the
evidence and or argument, the board will close the hearing and thereafter discuss the matter and decide
whether cause exists to remove the health officer.
pursuant to Indiana code 16-20-1-28. And what action do they need to take? May I have, if the board
is in agreeance to adopt these rules for the hearing as read, may I have a motion?
I motion to adopt these. This resolution. Adopted procedures as written. 2nd. I will follow up. Oh,
yes, it's in the time for discussion. Oh, I'm sorry. 2nd and then. Yes, I'd like to.
does this say that we have to present actual written testimony from or have the appearance of persons
that are presenting evidence of something? So is that what this actually says? So we can't use
any evidence that is spoken or transmitted to us that's not in writing. Is that what this is saying?
Dave? Dave Schelling, can you allow him to read? So Dave, the question is, with this document,
Does everything have to be written? No. You're saying. No, the written part is the health officer is
allowing this time any witness against the health officer will testify. Any written evidence will be
read into the record. Well, does that mean that all all the evidence? Has to be written. Or presented
by. A particular person.
I mean, it couldn't be transmitted via another person, i.e. one of the board members. I don't know the
answer to that. Yeah. I don't have the exact copy in front of you, but the rules that I reviewed just
allowed you to do that, but did not require evidence to be put in any form.
If there's oral testimony or statements regarding a factual situation or a belief, that's fine to put
into the record. It doesn't have to be in writing. The record or the hearing will be recorded, and so
anything that's said can be transcribed later anyway. That's just in there in case people want to do that.
Any further discussion? Seeing none, I'll take a roll call vote. Kay? Yes. Steve? Yes. Kevin? Yes. Michael?
Yes. Myself, yes. Also for the record, if we as a board decide to proceed
with our contractual agreement that says that the health officer is an at-will employee, we would honor
giving the health officer an opportunity to discuss her case publicly.
I wanted that noted. Is there any further business? Do we have a motion to adjourn? Second.
Meeting adjourned. No, meeting's not adjourned. One moment. I missed one part. We're not adjourning
the meeting.
I motion that we not adjourn. So the hearing will be held on October 22nd, 2026. Directly following
the regular board meeting, which occurs at four thirds. And that will be at this location.
I would like to request that the county attorney provide written notice to Dr. Ryderbrand at least five
days prior to the hearing as required by statute and provide confirmation of the delivery method and
notices contact contents for the board's records.
I will do that. Dr Robinson. Thank you. Thank you. Any further business? Okay, do I have a motion to
adjourn? Yes, I motion to adjourn. I second. Okay, meeting is adjourned at 443.