Tabling the chair

Should a chairman vote on the issues put before the board, or make the motions that will then be voted on? Trustees Sandy Neiman and Connie Lindmier believe the answer to both these questions is no, and made their opinions clear during Friday’s meeting of the Crook County Medical Services Board of Trustees.

“I feel the bylaws need to be worked on,” Neiman began, stating that Robert’s Rules of Order had been removed from them and she would like to see them reinstated.

When asked to clarify what exactly about the bylaws she takes issue to, Neiman said that both her concerns involve the abilities afforded to the board chairman.

In her opinion, “Number one, the president does not vote except to break a tie,” she said. “Number two, [the chairman] cannot make a motion – that has never been done.”

Neiman added that, in the case of a roll call vote, she does believe the chairman should vote. She also mentioned that, when she served as chairman herself, she neither voted nor made motions.

Lindmier agreed that, in her experience, “on any other board I’ve been on, the president does not make motions or vote, except for in the case of ties.”

While Robert’s Rules of Order does suggest that a board chairman refrain from voting and making motions so as to remain impartial as the person presiding over the assembly, the matter is not legal in nature. The statutes governing hospital districts begin with W.S. 35-2-401, says County Attorney Joe Baron, and do not give special power to a chairman of a special district or board except to chair the meeting; nor do they prohibit the chairman from making a motion or voting.

“There is nothing in this principal act, the special district election act or any other law I am aware of that prohibits any member of a government entity from making a motion or voting, except a conflict of interest,” he explains. “Also they are governed by the Public Meetings Act, 16-4-401 et seq, and nothing therein prohibits the chairman from voting.”

Current chairman Mark Erickson questioned why the issue was being raised, insinuating that the timing is somewhat convenient.

“Personally, I think we are best to table this and everybody think about it because I know there is disagreement about some of the decisions that the board has made recently and leadership changes within the district and the hospital,” he stated.

“It’s ironic that, just now, since those changes came about – and yes, I voted for some of those changes – that now it’s important that we change…Let’s just say that it looks quite coincidental that they are tied together.”

Both Neiman and Lindmier denied that the two are connected. Neiman stated that she had received comments following last month’s meeting, which was hosted in a virtual format.

“It was not anything about the change, it was people that were listening on the internet that were appalled and have contacted me,” she said.

Erickson stated that he did not receive any calls; Trustee Trish Habeck confirmed when asked that she did not receive any calls either.

“It’s interesting that they were contacting you, I’m just going to say that,” said Erickson.

Trustee Ed Ray wondered why it matters whether the chairman votes on an issue where there is no need to break a tie. What difference does it make, he asked, if the vote will pass either way?

“What the people heard, they didn’t like, and I’m just telling you it hasn’t been done before,” said Neiman.

“We’ve never had COVID-19 before, either,” retorted Erickson.

“COVID-19 doesn’t change it, because we weren’t having people at meetings before,” Neiman said, claiming that the comments she received had nothing to do with the removal of Health Management Services or COVID-19 and were simply a case of the people who were listening to the meeting not liking what they heard.

“They heard Mark making motions and voting and they felt that the chairman should not be making those motions and the chairman should only vote in roll call vote or to break a tie,” said Neiman.

Erickson stated his hope that those persons who took issue with his actions would reach out to “other board members”. Neiman stated that the issue is not directed at Erickson personally, but at the position of chairman.

At the suggestion of Lindmier, the board chose to drop the topic at this time and move on to the next item on the agenda.