Last Updated on Sunday, 29 January 2012 22:51 Written by Lou Phelps Sunday, 29 January 2012 10:35
SBJ Staff Report
Jan 30, 2012 – Coastal Empire News (CEN), publisher of Savannah Daily News and The Savannah Business Journal, has asked Memorial Health University Hospital’s board of directors to review its practices which are potentially in violation of Georgia’s Open Meeting Laws.
Specifically, the board failed to discuss it current new strategy for underwriting the hospital’s $250 million in debt. But, there is also a general practice of not discussing key decisions of the hospital in public session.
CEN has spoken with the hospital’s Communication Department, with Maggie Gill, CEO and with Atty. Miles Fleming, council for the board. Fleming agreed last week to speak with the Attorney General’s office.
Additionally, CEN has asked Memorial to consider improving its public notice processes, including the utilization of its website, for all boards and sub-committees that the hospital administration is responsible for – both the publicizing of meeting notices and the publication of its open record minutes. A new website design is currently under development.
“Over the past two years, with very limited exceptions, the only media company covering the board meetings of Memorial Health has been ours,” according to Lou Phelps, publisher. “While it is not desired, we view it as our responsibility to bring these issues to the board’s attention, once again. We made this request more than a year ago.”
“Over the past two years, we have brought our concerns to the attention of past board chairman Bill Daniels and current chairman Curtis Lewis, as well as to the hospital system’s Communications department leadership and legal counsel. We recognize that they are deferring to the opinion of their counsel Miles Fleming of Hunter Maclean,” Phelps explained.
“And, we’ve been patient,” Phelps added. “I am not a fan of ‘gotcha journalism.’ Rather, we need to do our job as responsible journalists, with the expectation that public boards, authorities and commissions will do theirs by abiding to Georgia open government laws.”
“But the enormity of the decision asking the County to underwrite Memorial’s $250 million in debt has brought this issue to the front,” she added.
According to Phelps, she conferred with Senior Asst. Attorney General Stefan Ritter who trains, oversees and enforces the Georgia open government laws; Ritter encouraged Memorial Hospital to speak with the AG’s office. CEN has not filed a formal complaint.
“Our goal has been to attempt to share our understanding of the laws with Memorial’s leadership, and to confirm that the Memorial Hospital’s board’s practices are inaccurate. The AG’s office invited Fleming to call them to discuss the law,” said Phelps.
“The minutes are clear, in our opinion. This fall, the Chatham County Hospital Authority discussed the need to ask Chatham County officials to guarantee its loans, but the Memorial Hospital Board of Directors never discussed the issue in public. Clearly, the request came from the Memorial hospitals management team. Either board members were not informed, or they discussed it in executive session. You can’t have it both ways,” said Phelps, who has been in attendance at meetings this fall.
“Memorial Health has taken the position that they can go into executive session to discuss almost all hospital business for the purpose of ‘strategic planning,’” said Phelps. “At most board meetings, there is a report on the prior month’s financial performance, though almost no one ever asks a question about the numbers, and little else of substance is discussed. At some meetings, there is a vote in public on certain key contracts. But, there is no public discussion of those contracts. If there is discussion or dissension on the board about issues, it’s not done in public.”
The minutes also reflect that the board members are not signing an affidavit regarding their reasons for going into executive session.
Georgia law provides very specific reasons for closing a meeting. Those specific reasons must be narrowly interpreted and the public's right of access must be broadly interpreted, according to Attorney General Sam Olens. The statutory reasons include:
- Staff meetings held for investigative purposes under duties or responsibilities imposed by law;
- Meetings when any agency is discussing the future acquisition of real estate, except that such “meetings shall be subject to the requirements of this chapter for the giving of the notice of such a meeting to the public and preparing the minutes of such a meeting; provided, however, the disclosure of such portions of the minutes as would identify real estate to be acquired may be delayed until such time as the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings with respect thereto initiated.” In other words, once the real estate transaction has concluded, minute of the deliberations must be released.
- Meetings of the governing authority of a public hospital or any committee thereof when discussing the granting, restriction, or revocation of staff privileges or the granting of abortions under state or federal law;
- “Meetings when discussing or deliberating upon the appointment, employment, compensation, hiring, disciplinary action or dismissal, or periodic evaluation or rating of a public officer or employee but not when receiving evidence or hearing argument on charges filed to determine disciplinary action or dismissal of a public officer or employee. The vote on any matter covered by this paragraph shall be taken in public and minutes of the meeting as provided in this chapter shall be made available. Meetings by an agency to discuss or take action on the filling of a vacancy in the membership of the agency itself shall at all times be open to the public.”
- Meetings of the board of trustees or the investment committee of any public retirement system created by Title 47 when such board or committee is discussing matters pertaining to investment securities trading or investment portfolio positions and composition.
Strategic planning is not a reason for an executive session, according to Ritter.




by Lou Phelps





