New CCMSD trustee raises executive session concerns

New trustee Brent Fowler has raised an objection over the Crook County Medical Services District’s alleged misuse of executive session.

Fowler objected to the January minutes at last week’s meeting and said he had given his fellow board members a copy of the state statutes regarding executive sessions.

Fowler stated that he does not believe the board should have gone into an executive session to tell him he needed to “fall in line”.

“You got a problem with me, you can say it in public. I was elected by the public to come in here,” he said.

“I think you guys are a reaction board, not a pro-active board, and we need to start thinking about the future. That’s how I look at it, and if you’ve got a problem with me, tell me about it.”

Fowler admonished the board for thinking that, now he has been elected, trustees think they can call an executive session and tell him to fall in line.

“That’s not why I was elected. That’s not why I’m here. I’d be glad to help you, but I’m not going to take your abuse,” he said.

“…Other people on this board have resigned because of it. I’m not one of them.”

Trustee Sandy Neiman expressed confusion, stating that she thought the discussion was held in public session. She referred to a conversation at a meeting in late December when she asked Fowler to share his justifications for saying that she is the reason CCMSD does not have a new hospital building.

This was not the conversation Fowler was referring to, he said. Instead, he claimed a second conversation had taken place later in the meeting, at the beginning of an executive session regarding personnel matters, and said that it involved Chairman Mark Erickson.

“Mark’s handling of me during that executive session was not executive. I’ve already checked with my lawyers on it, so therefore I know it’s not executive and I would appreciate if Kara [Ellsbury, Board Attorney] would keep us out of that environment,” Fowler said.

“There are other people that feel the same that I do that have been on the board before: that executive sessions have been used for more than what their purpose is.”

Fowler felt that he would fall foul of statute himself if he did not raise the issue.

“If I don’t bring it up at this point in time, then I’m just as guilty of it as you are,” Fowler said.

Ellsbury asked Fowler to speak with her after the meeting to explain in more detail what happened so she can make sure she understands correctly and can then, “assess the legality and respond appropriately”. Fowler agreed to her request.

Ellsbury also spoke to the legal nuances of executive session, specifically when personnel issues are concerned. If there is a risk that something is said in a public session that could be “lambasting an employee”, she said, she weighs that against the risk of perhaps veering slightly off the topic of personnel.

“I’m going to err on the side of veering slightly off executive for the purpose of protecting people that are essentially innocent,” Ellsbury said.

“Certainly we’ll try to make sure we police that and if you have concerns at any point during any meeting, please let me know contemporaneously and we can respond to them.”

Following the meeting, Erickson issued a comment on the situation referred to by Fowler.

“On December 27, the board went into executive session with counsel, pursuant to Wyo. Stat. 16-4-405 (a) (iii) and (ix), to discuss potential litigation and legal advice related to that potential litigation,” he said.

“During the discussion, I made a comment to Mr. Fowler regarding my perception of his behavior in meetings, which Mr. Fowler did not like. In my view, the comment I made was an aside only. The remainder of the discussion related exclusively to potential litigation and legal advice.”