Settling health suits cost county $363K

Jan. 29--Three weeks ago, the Wilson County Board of Health and county commissioners approved a $30,000 settlement for ex-health director Felix Meyer, bringing the era to an end. The county has spent at least $363,000 in related legal fees and associated costs in settlements of former health department employees, including Meyer's own settlement, county figures show.

Meyer, who was fired in May, reached a settlement just weeks before his case was slated to be heard before an N.C. Office of Administrative Hearings judge. State documents recently released in his case shed light on the timeline of events regarding Meyer's case with the state office.

If the two parties had not agreed upon a settlement, dozens of witnesses would have been called to testify, including county leaders, board of health members and health department employees, court documents show.

County officials said the board of health deemed it more economical to settle Meyer's case than to go to trial.

PREHEARING STATEMENTS AND WITNESSES

If Meyer's case had gone to trial, both parties were required to have their discovery completed by Jan. 3., according to court documents. The two parties were also required to have exchanged exhibits and witness lists on or before Jan. 24.

Meyer's attorney, Jack Nichols, of Allen, Pinnix and Nichols, a Raleigh law firm, filed a prehearing statement in August, which included a proposed list of witnesses. In addition to Meyer, witnesses for his case included Health Board Chairman Ron Sutton, health department employees Karyn Harwood, Tammra Morrison and former Nursing Director Rebecca Hunt-Hawley, according to documents. The county responded to that prehearing statement and also proposed a list of 24 witnesses, which included:

--Sylvia Johnson

--Felix Meyer

--Ellis Williford

--Ron Sutton

--Dominick Derasmo

--Rebecca Hunt-Hawley

--Tammra Morrison

--Karyn Harwood

--Valerie Bullock

--Cinnamon Narron

--Debra Harris

--Judy House

--Barbara Williams

--Sheryl Burks

--James Moody

--Windie Loftin

--Ericka White

--Kate Webb

--Terry Williams

--Jackie Lewis

--Cora Suggs

--Lea Strayhorn

--Chelsey Byer-Edens

--Valerie Brock

TIMELINE OF EVENTS

The board of health conducted a pre-disciplinary hearing, which Meyer participated in, a day before his May 10 firing, according to court documents. The purpose of that hearing was to give Meyer an opportunity to provide information on his behalf for the board to consider.

Meyer was given a written confirmation on May 7, 2013, that the board was considering his termination "based upon specific allegations that constituted unacceptable personal conduct," according to a letter dated June 18, 2013 to Meyer.

The letter stated Meyer gave a timely notice to the board's chairman of his termination appeal, which was dated May 21, 2013.

"However, your letter did not comply with requirements of the Appeals Policy of the Wilson County Health Department adopted and approved by you on Feb. 9, 2011, with an effective date of Feb. 8, 2013," according to the letter.

The board's chairman advised Meyer of not complying with the appeals policy on June 12, 2013. That letter given to Meyer advised him the board would conduct step one in his appeals hearing on June 18, 2013.

The letter stated Meyer provided additional information for the board's consideration at his hearing. Meyer's June 14, 2013 letter was shared with the board prior to its meeting regarding Meyer's appeals hearing. He was not present. The board considered all information available and upheld its May 10 termination, "based upon specific allegations and findings of facts that constitute unacceptable behavior," according to documents.

In the board's June 18, 2013 final decision letter, they stated they affirmed their decision to fire Meyer based on "seven categories of facts," according to court documents. Those facts were detailed and included breach of confidential information, applicant pre-selection, inappropriate use of qualification preferences, retaliatory behavior, racial inequality, unethical/Inappropriate behavior and other comments and policy/procedure violations.

DUAL ROLES

In Meyer's July 17, 2013 petition before the courts, he questioned whether the county had "just cause" in his May 10 firing. He also questioned whether a conflict of interest existed in the case due to Stephen Beaman's dual roles representing Wilson County and the board of health.

Meyer's attorney filed a Motion to Disqualify Counsel on Aug. 30, 2013, challenging the role.

"(Meyer) has raised counsel's dual representation as a conflict of interest, especially since Petitioner will assert that the county commissioners pressured the board of health to dismiss Petitioner," according to the filed motion.

The board responded to that motion, which stated that Beaman's dual roles to both boards did not raise any conflict of interest.

"... the positions of Wilson County Board of Commissioners and Wilson County Board of Health are aligned in this case," the motion stated.

The motion stated that to the extent there was any "actual or perceived conflict of interest," that it wasn't a conflict that could be raised "affirmatively" by Meyer.

The motion also stated that there wasn't a conflict of interest, citing another reason which included that Meyer had never been represented by Beaman personally.

The motion cited North Carolina's Rules of Professional Conduct for attorneys governing conflicts of interest between current clients. The motion stated that since both boards were aligned and there were no adverse claims between the two boards that no conflict exists.

COSTS AND FEES

About $11,500 was spent in county attorney fees related to Meyer's case, according to figures provided by Interim County Manager Denise Stinagle. Sylvia Johnson, a personnel consultant, worked with the board of health throughout the investigation into Meyer, the firing and analyzing factors for the board of health to consider in its decision to eventually settle the case. The county spent $7,700 on those consulting fees, according to Stinagle.

During Meyer's time at the health department, two former employees, Jewel Mosley and Constance Davis, were fired but challenged their dismissals in court.

Mosley received a $255,000 settlement in 2011. The county also paid for her attorney fees, which amounted to nearly $30,000 including court costs. Several months later, Davis received a $30,000 settlement and a year of health insurance from the county.

In August 2012, county commissioners unanimously approved a resolution calling for the board of health to take appropriate action concerning Meyer after fired a third health department employee, Jennifer Bacon. A couple of months later, the board adopted a procedure for Meyer to follow regarding personnel.

The N.C. Office of Administrative Hearings did not have a complaint on file by Bacon as recent as two weeks ago.

olivia@wilsontimes.com -- 265-7879

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