Johnson to be paid through 2026
By HOLLY GASKILL
Nearly two weeks after the county’s initial joint statement, more details have been made available regarding the agreement between the Wells County Board of Health, Wells County Health Department and the local health officer.
The joint statement announced that Health Officer Dr. Kay Johnson had voluntarily resigned, but would continue her duties until a new doctor was appointed and thereafter as a “consultant to the board.” The Board of Health had initiated the removal of Johnson, who has served as health officer since 2010, on Dec. 6.
This consultant role will be utilized at “any reasonable time for consultation at the sole discretion and request of the President of the (Board of Health)”, as outlined in the agreement. The role will be compensated at the same rate and duration that would have been due through Johnson’s term as health officer, subject to her fulfillment of the agreement. According to the approved 2024 budget, the health officer is budgeted to receive $19,693 annually.
Johnson was most recently appointed to a four-year term in 2022. Payment will continue through April 30, 2026.
The board has agreed to take no further action against Johnson but retains the power to vote on her removal should the terms of the agreement be violated. Johnson has also agreed to not apply for any county vacancies in the future, including the recently posted vacancy for a local health officer.
Neither party has admitted wrongdoing through the agreement, but both parties desired a “mutually beneficial conclusion” and to avoid “further public hearing, appeals, and other potential litigation.”
On Dec. 19, the Wells County Superior Court granted Johnson an emergency temporary restraining order against the Board of Health and its members at the time, Chris Esterling, Steve Bales, Tom Longenberger, Dr. Mary Donley, Molly Hoag and Ann McNabb. Johnson had filed the request on Dec. 18, preceding the original date of the public hearing for her removal, 8 a.m. Dec. 20.
The filed complaint states Johnson was unable to attend the scheduled hearing due to a previously planned commitment to see and treat patients in Paoli, Indiana. Johnson’s legal counsel sent a letter notifying of this conflict, and the county reportedly refused to reschedule. The emergency temporary restraining order effectively postponed the hearing.
In the court’s order, Judge Kenton Kiracofe, appointed in Judge Andrew Antrim’s place, wrote, “The parties are ordered to meet and confer to determine a mutually available date and time for the rescheduling of said Due Process Hearing.” The public hearing was later rescheduled for 5 p.m. Jan. 10.
County Attorney Ted Storer filed for the dismissal of the temporary restraining order on Jan. 18, citing that the reason for its placement was no longer relevant. Kiracofe granted this request on Feb. 1.
Johnson will no longer pursue the temporary restraining order nor sue for any claim included in the agreement. Both parties have also agreed not to make any publicly disparaging comments regarding the others’ roles.
Immediately following the release of the joint statement, Johnson called the agreement “fair and amicable” and that “everyone is happy with the outcome.” Commissioner President Jeff Stringer expressed a similar statement.
Since the announcement of the agreement on Feb. 15, The News-Banner made several requests to relevant county parties, including Health Department Administrator Sahara Wall, Auditor Lisa McCormick, Public Information Officer LeAnne Wyss and Stringer, who deferred to Storer. However, Storer repeatedly stated he was not the appropriate party to request the document from.
A Freedom of Information Act request was filed with McCormick, and officials later stated a formal FOIA request was necessary due to a confidentiality statement in the agreement.
The Board of Health is responsible for appointing a new health officer, and the County Commissioners will certify the appointment. The current board members are Esterling, Bales, Donley, Hoag, McNabb, Tamara Troutt and Dr. Bart Hott.
Their next scheduled meeting is 6:30 a.m. April 18.
holly@news-banner.com
