Testimony, discussion stretches past four hours
By HOLLY GASKILL
After a grueling 4.5-hour hearing, the Wells County Health Board took the matter of Health Officer Dr. Kay Johnson’s removal under advisement.
The board unanimously agreed to initiate the process for removal on Dec. 6 and met Wednesday at 5 p.m. for a hearing. The bulk of the hearing was spent with evidence, interviews and cross-examination between County Attorney Ted Storer and Health Officer Dr. Kay Johnson’s legal counsel, Martha Lemert of Burt Blee law firm in Fort Wayne. Ben Bilimek of Beers Mallers law firm in Fort Wayne served as the hearing officer.
Roughly 40 people were in attendance, eight of whom spoke during public comment, which followed four hours of presentation.
Referencing Indiana Code 16-20-1-28, Storer outlined the board’s reasons for removal as Johnson’s alleged failure to perform statutory duties, specifically regarding department vacancies, and other just cause.
Health Board President Chris Esterling testified first, stating his belief Johnson had failed to maintain meeting minutes, appoint personnel, and hire and train personnel for the Health Department. Lemert and Johnson later denied each of these points.
The crux of the conversation continually returned to the employee turnover within the department, which both parties agreed followed Marlene Hoag’s retirement as deputy administrator in November 2022.
Hoag testified she had trained her replacement, Tricia Ross, for 10-12 weeks before her retirement and extended her help for the future. Ross reportedly texted Hoag twice in the following months; meanwhile, the department fell behind on regular paperwork.
Former septic environmental specialist Ryan Bennett reportedly resigned in late April 2023, and Ross’ resignation followed shortly after. In June 2023, the department was effectively left with half of its previous full-time staff.
In a special health board meeting in June, the board approved Hoag returning to her previous position to assist in the transition. She returned on July 5, 2023.
Due to the need to prepare an annual budget, catch up on paperwork and discuss the positions’ job descriptions, the open positions were not posted immediately, and there was a significant delay in receiving applicants.
The department later had turnover in another part-time role and the food environmental specialist position.
Esterling alleged that Johnson had been absent in this process, which was later echoed by board member Steven Bales. Esterling said the situation required the County Commissioners’ intervention. Esterling concluded, “The reason there are many people trying to assist and intervene is not because they want to take charge or be in a position of authority, but it appears to be due to no one taking charge and problems are trying to be solved because of the Health Officer’s lack of leadership.”
Having served on the board for over 20 years, Bales said this was not the first time the board had been frustrated with a lack of action on Johnson’s part, and claimed he had discussed her removal with Hoag during the issues with COVID-19. “We need to move on with someone who wants to lead,” Bales stated.
Storer asserted Johnson had failed to give direction about job postings and had not done due diligence in advertising the positions.
Citing IC 16-20-1-9, Lemert said the deputy administrator was delegated the responsibility of job advertisement in the role’s job description, and the topic was not an appropriate criticism of Johnson’s leadership. Even so, Lemert referenced several meeting minutes and News-Banner articles where Johnson had reportedly provided guidance on staffing issues. Hoag additionally testified that Johnson had “always been available.”
In her testimony, Johnson alleged elected officials had instigated staffing issues. She stated Bennett had primarily resigned due to an interpersonal issue with a coworker, and specifically regarding a disputed inspection. Johnson claimed “Mr. Hanover” had later come into the department and threatened Ross’ job, and she submitted her resignation the following day.
Commissioner Mike Vanover later denied this claim. County Council member Brandon Harnish, also present during Wednesday’s hearing, had previously confirmed he had a conversation with Ross prior to her resignation.
In the Aug. 19, 2023, edition of The News-Banner, Harnish gave the following statement: “As far as I’m concerned, an elected official had an interview with an employee of the Health Department about the potential wrongdoing of a subordinate. The next day, that employee quit.”
Johnson also took issue with how officials had publicly criticized the department, allegedly without speaking with her first. Several times a Facebook post from Vanover was referenced, where he called the actions of some individuals at the Health Department “corrupt and reprehensible.” Johnson advised that public criticism like this had made it difficult for the department to attract prospective employees.
“Whatever issues we have are not because of me, and certainly not because of bad leadership, it’s because of people interfering,” Johnson stated.
“I stand by the comments I made on Facebook,” Vanover said. “They were directed toward a specific employee that engaged in behavior and that is my opinion of what it represents, not the entire department. There are good, hardworking people that do a good job, and I absolutely believe that.”
Johnson additionally insisted she was kept out of the loop on issues and updates with the department. Johnson has held the position since 2010 and claimed the position had always been understood as a largely advisory role. Several times Johnson said it was not communicated that the board or officials had wanted her to be more involved or complete certain tasks.
Board members Dr. Mary Donley and Dr. Bartholomew Hott took issue with this assertion. “When you know someone so crucial is leaving a department, why didn’t you take steps to make sure things are OK?” Hott asked. Donley later asked, “You are not a neophyte (novice) … how could you see problems that were developing and not become a more active participant?”
Johnson responded that it had not been a previous expectation for her to intervene in personnel matters. Storer asked if there had been a similar previous situation, and Johnson replied that there had not.
Regarding Johnson’s alleged failure to train personnel, Johnson claimed Hoag had presented Ross as trained and capable for the position. Bales later disputed this, saying Hoag had told him there had been issues toward the end of Ross’ training, just before Hoag’s retirement.
Johnson argued she was never notified of this, and other issues were allegedly only discovered after Ross had left the department.
Concerning missing meeting minutes, both parties agreed that meeting minutes were not recorded at the June 15, 2023, board meeting. Storer said this had been the deputy administrator’s responsibility at the time, but given Ross’ resignation reportedly the following day, it was Johnson’s responsibility to ensure this was completed.
Lemert again denied it was the health officer’s responsibility. Johnson later expressed that it was weak criticism to focus on one meeting’s minutes in 14 years as a health officer.
This sentiment was echoed by Michael Lautzenheiser Sr., 1718 William Wells Circle in Bluffton, during the meeting’s public comments. Lauzenheiser contended that the Wells health officer has never been expected to fulfill such duties, and previous officers have not been judged so harshly. “We have a chance tonight to heal this community, not divide it,” Lautzenheiser said.
John Stauffer, 123 West Walnut St. in Bluffton, asked where criticism has been for the board, who appointed Johnson to a four-year term in 2022 and apparently haven’t communicated with Johnson or stepped in past their advisory roles.
Additionally, Stauffer questioned why the board had jumped toward removal when there had been no written documentation of where she had failed expectations. “It seems really questionable whether or not appropriate steps have been followed,” Stauffer said.
“As I listened to a lot of this, common decency, common sense and employment practices would tell you, if you have an issue with somebody’s performance, that you discuss it with them, that you have conversations, that you set expectations and timelines, right?” reiterated Tamra Boucher, 165 Conifer Ct. in Markle.
Storer and Esterling also mentioned Johnson’s failure to produce a plan for the potential use of additional funding available through Health First Indiana. Johnson advised she and Public Health Nurse Lynn Blevins had discussed several wanted items, but Blevins said it was communicated early on that the county did not intend to join the program.
Jennifer Brink, 910 River Rd. in Bluffton, took significant issue with this and criticized the board’s lack of education about the program.
However, Roger Thornton, 1335 Hollendale Dr. in Bluffton, said it was “ill-advised” and “inappropriate” to discuss Health First Indiana at the hearing. He added, “I believe that counsel for Dr. Johnson, and Dr. Johnson as well, have proven that she is not involved, takes no responsibility for any of the issues that now face your department … She doesn’t take responsibility for orienting this board, for developing job descriptions and for being active in the department leadership. I appreciate your work as a board — it has to be a thankless job, particularly tonight.”
Don Smith, 1426 Deerbrook Ct. in Bluffton, suggested much of the harsh criticism of the department ultimately began with COVID-19. “I don’t think anybody would want to come to Wells County and work with all this,” Smith said. “We got a real problem — let’s get rid of another person, and I guarantee you there will never be anybody who wants to come to this county and work in the Health Department.”
However, Walter Erxleben, 1157 North Shore Dr. in Bluffton, said he had been disappointed Johnson had not taken a stronger leadership role to defend the Health Department with COVID-19 issues.
During her comments, Johnson expressed her belief that she has been more heavily criticized as a Black woman in the role. She stated every health officer before had been a white male, and she had been passed over the first time she applied to the position despite her credentials, which include a master’s in public health from Yale Medical School.
“There have been people that I know have been uncomfortable with the face of a Black woman representing this department in Wells County,” she said. “And although I have not endured any racial slurs, it’s been obvious to me that some people are uncomfortable with that.”
Given the time and that board member Hott had to leave before the hearing’s end, Storer suggested the board take the matter under advisement. All board members were present Wednesday.
The next regular board meeting is scheduled for 6:30 a.m. Feb. 16. A special meeting has not been scheduled at the time of print.
holly@news-banner.com
