YADKINVILLE — Yadkin County commissioners took the first steps Monday toward a possible investigation of the county Health Department, whose director recently announced he will retire. But the commission’s initial moves were not posted on a public agenda beforehand, a potential violation of the state’s Open Meetings Act. Moreover, the board’s attorney was not present at the meeting.

The commission also has balked at a request to make e-mails between a county employee and a county official reportedly containing sexually explicit content available to the public.

Commissioners voted 3-1 to direct County Manager Aaron Church to get proposals from at least three consultants to review the performance of the Health Department.

They also voted, again 3-1, to ask Church to collect e-mails between the director of the Health Department, Mike Reavis, and the chairman of the Board of Health, Keith Phillips. Church reportedly told the commission that some of the e-mails in question were sexually explicit. The commissioners may review the e-mails at its next meeting, Sept. 8, and also vote on whether to have a performance review of the department.

Board chairman uncomfortable

Board Chairman Chad Wagoner, who cast the sole opposing vote both times, said he didn’t feel comfortable taking action because the attorney was not present and the items weren’t on the agenda. The meeting Monday was supposed to be a special meeting between the commissioners and the Yadkin County School Board, but the commissioners reconvened after discussion with the school board.

Commissioners said they are concerned about possible improprieties in the e-mails. “We as commissioners have a responsibility,” said Commissioner Kevin Austin. “If we have an inkling of something, we have a responsibility to get to the bottom of it.”

Wagoner demurred. “We [didn’t] have an attorney present to advise us on what we’re doing,” he said.

John Bussian, an attorney for the North Carolina Press Association, said not putting the issues on the agenda could violate the Open Meetings Act. “If a topic is reasonably foreseeable, you need to put it on the agenda to give the public notice of it,” Bussian said.

The only people present at the commissioners’ meeting: four commissioners, the county manager, and a reporter. No one from the Health Department attended.

Health Department unaware of votes

Phillips said Tuesday afternoon that as far as he knew, no one from the Health Department knew in advance of the votes that were taken Monday.

“I haven’t been officially notified of any of it,” Phillips said. “I would have thought the county manager would have notified me immediately, but I haven’t heard a word.”

Phillips, who is the husband of former Commissioner Kim Clark Phillips, said he didn’t have any problem with the county doing a performance review of the Health Department.

“I think the Board of Health should be involved in the decision to do this,” Phillips said.

Reavis, who announced in August that he plans to retire Jan. 1, said he would be “fine with a performance audit.”

Reavis has been director of the Health Department since 2005 and is paid about $68,000 a year. He supervises a department that has an annual budget of $2.7 million and more than 40 employees.

“With sick leave, I have about 35 years in the system,” Reavis said. “The timing was right. My wife and I have purchased a place at the lake, and it’s hard to get there and work, too.”

Health Board member Nancy Foster, who has not been to any board meetings in about six months, questioned why county commissioners are asking for the e-mails.

“Unless there is a serious breakdown in communications, I don’t see the need for it,” Foster said.

Explicit e-mails?

Austin said Church reported to commissioners that some of the e-mails between Reavis and Phillips include explicit content. Church declined to comment on what he has reported to the commissioners about the e-mails.

Reavis has sent Phillips more than 280 e-mails since June 2009, and Phillips has sent Reavis more than 640 e-mails. Phillips said he and Reavis “have sent jokes back and forth for years.” He said the request for the e-mails stems from “a personal issue between myself and [outgoing County Commissioner Brady] Wooten.”

Wooten said Monday the board needs to examine the e-mails. “The gravity of the situation could be explosive,” Wooten said.

Reavis wouldn’t comment on whether any of the e-mails were sexually explicit.

“Whatever is appropriate for them to see, I think they should see,” Reavis said of the commissioners’ request.

Commissioners requested that the e-mails be put on thumb drives, allowing commissioners to review them at the next meeting. Church said he doesn’t plan to provide the thumb drives to the media because some of the e-mails could be confidential or personal.

Bussian said materials produced for a public meeting, such as the e-mails, should be public record unless there’s a statutory exemption for it, even if some of the e-mails were sexually explicit.

If they were explicit, Bussian said, “That’s even more a public need.”

Health Department audit

Commissioners also are concerned about a recent audit by the state Department of Health and Human Services about abnormal pap smears performed by the county Health Department. Pap smears check for precancerous cells on the cervix that could become cervical cancer.

Reavis requested the audit after reports of problems suggesting women with abnormal pap smear test results did not receive proper care.

The audit found that charts from only half of 26 patients provided by the agency’s director of nursing finding abnormal results received appropriate follow-up care. Five received no follow-up, and the rest were seen between three and 10½ months later.

Phillips and Reavis declined to comment on the audit. Wooten said he was concerned about the audit’s findings. “This is very disturbing and needs to be looked at seriously and proper action taken,” Wooten said.

Terre Smith, a Board of Health member, said there could be problems because of the clientele served by the Health Department. Patients who go to county health departments often are low-income or don’t have insurance.

“A lot of people don’t give the right addresses or the right phone numbers,” Smith said. “People move around. I do know they had a little problem with this. But that’s normal with the type of people they’re dealing with.”

County commissioners and the county manager have influence over the Health Department’s budget, but neither has the authority to hire or fire the department’s director, who is appointed by the Board of Health.

The state system of county health departments is decentralized.

“Each health director is responsible for the health department,” said Julie Henry, a spokeswoman the state Department of Health and Human Services. “We provide support for them. We are not their bosses.”

“I felt that I as chairman was blindsided,” Wagoner said. “Truthfully, I was. I did not know that we were going to have a discussion about the health department, let alone have any board action about it.”

Sarah Okeson is a contributor to Carolina Journal.