The Dodge County Hospital Authority appointments of Jan Jones, Dr. Blake Milner and Reggie Sheffield approved by the Dodge County Board of Commissioners on June 3 have been rescinded.
At the regular June 17 meeting of the commissioners, the board rescinded the appointments because their appointments did not follow Georgia law.
Commissioners rescind hospital appointments
Commission chairman Dan McCranie made a motion to rescind the June 3 appointments until county attorney John Harrington could research the law regarding appointments of members to the hospital authority. Junior Howell seconded the motion.
According to documents obtained by The Dodge County News, including Official Code of Georgia Annotated (O.C.G.A.), Section 31-7-72, subsection b, a list of three eligible persons to the board of the hospital authority should have been submitted to the hospital board at their next regular meeting. The hospital board would have the opportunity to select one of the three persons named in such a list or decline to select any of the persons named in the list. If the hospital board declined the three names on the list, then notification to the governing body (Dodge County) would occur.
Upon receipt of notification that the hospital board declined to select any of the persons named in the governing body’s list, the governing body would have the opportunity to submit a second list of three eligible persons, no one of who was named on the first list, to the board of the hospital authority. The hospital board, at its next regular meeting after receipt of the second list, would have the opportunity to select one of the three persons named in the second list.
The confusion of hospital board appointments came due to a resolution that was adopted by the Georgia General Assembly in March 1993 by former state representative Terry L. Coleman. In that resolution, the board of the Dodge County Hospital Authority’s number of board members was increased from seven to nine. However, the appointments to fill those positions should have still followed the provisions of subsection b of code section 31-7-72 of the O.C.G.A.
The resolution adopted in 1993 was overturned as a result of a suit filed in 1994 by former Dodge County sole commissioner Don McCranie. McCranie challenged the local act dealing with the composition of the Dodge County Hospital Authority Board. The trial court held the 1993 act unconstitutional in its entirety and void in violation of the Georgia Constitution as a special law in conflict with an existing general law.
In 2006, Georgia House Bill 1646 was enacted regarding the making of appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority. This act formally repealed the March 8, 1993 act and appointments to fill vacancies on the hospital board would be made in accordance with the provisions of subsection b of code section 31-7-72 of the O.C.G.A.
From 1993 to June 3, 2013 the appointments to fill seats on the Dodge County Hospital have not been according to Georgia law and the provisions specified.
Minister Cecil Barden was initially appointed to the hospital board on February 26, 2002; Dr. Blake Milner was initially appointed to the hospital board on January 9, 2009 and Reggie Sheffield was initially appointed to the hospital board on May 25, 2004.
These three positions were to be filled in April 2013.
Mitchell Coffee was initially appointed to the hospital board on May 3, 2006; Dr. Todd Peacock was initially appointed to the hospital board on May 5, 2009 and Dr. Dan Harrell was initially appointed to the hospital board on May 28, 2002.
These three positions are to be filled in June 2014.
Wilbur Garrett was initially appointed to the hospital board on May 5, 2006; Paul Jones was initially appointed to the hospital board on May 8, 2006 and Mandel Mullis was initially appointed to the hospital board on March 31, 2009.
These three positions are to be filled in 2015.
The Georgia laws governing the Dodge County Hospital Authority states that the hospital may contain a governing board with no less than five members and no more than 15 members.
Interim county manager Bobby Peacock informed commissioners that the Ocmulgee River Water Trail Partnership requested that Dodge County appoint two members and two alternate members to their board.
Commissioner Terry Niblett made the motion to appoint Jimmy Joines and Brian Mullis as members and Glynn Maddox and Donnie Screws as alternates. Seconded by commissioner Jr. Howell, the motion passed unanimously.
The next regular meeting is scheduled for July 1 at 6:00 p.m. and a Special Purpose Local Option Sales Tax meeting is set for July 2 at 6:00 p.m. Both meetings will be held in the courthouse annex meeting room.
According to documents obtained by The Dodge County News, including Official Code of Georgia Annotated (O.C.G.A.), Section 31-7-72, subsection b, a list of three eligible persons to the board of the hospital authority should have been submitted to the hospital board at their next regular meeting. The hospital board would have the opportunity to select one of the three persons named in such a list or decline to select any of the persons named in the list. If the hospital board declined the three names on the list, then notification to the governing body (Dodge County) would occur.
Upon receipt of notification that the hospital board declined to select any of the persons named in the governing body’s list, the governing body would have the opportunity to submit a second list of three eligible persons, no one of who was named on the first list, to the board of the hospital authority. The hospital board, at its next regular meeting after receipt of the second list, would have the opportunity to select one of the three persons named in the second list.
The confusion of hospital board appointments came due to a resolution that was adopted by the Georgia General Assembly in March 1993 by former state representative Terry L. Coleman. In that resolution, the board of the Dodge County Hospital Authority’s number of board members was increased from seven to nine. However, the appointments to fill those positions should have still followed the provisions of subsection b of code section 31-7-72 of the O.C.G.A.
The resolution adopted in 1993 was overturned as a result of a suit filed in 1994 by former Dodge County sole commissioner Don McCranie. McCranie challenged the local act dealing with the composition of the Dodge County Hospital Authority Board. The trial court held the 1993 act unconstitutional in its entirety and void in violation of the Georgia Constitution as a special law in conflict with an existing general law.
In 2006, Georgia House Bill 1646 was enacted regarding the making of appointments to fill vacancies in the membership of the board of the Dodge County Hospital Authority. This act formally repealed the March 8, 1993 act and appointments to fill vacancies on the hospital board would be made in accordance with the provisions of subsection b of code section 31-7-72 of the O.C.G.A.
From 1993 to June 3, 2013 the appointments to fill seats on the Dodge County Hospital have not been according to Georgia law and the provisions specified.
Minister Cecil Barden was initially appointed to the hospital board on February 26, 2002; Dr. Blake Milner was initially appointed to the hospital board on January 9, 2009 and Reggie Sheffield was initially appointed to the hospital board on May 25, 2004.
These three positions were to be filled in April 2013.
Mitchell Coffee was initially appointed to the hospital board on May 3, 2006; Dr. Todd Peacock was initially appointed to the hospital board on May 5, 2009 and Dr. Dan Harrell was initially appointed to the hospital board on May 28, 2002.
These three positions are to be filled in June 2014.
Wilbur Garrett was initially appointed to the hospital board on May 5, 2006; Paul Jones was initially appointed to the hospital board on May 8, 2006 and Mandel Mullis was initially appointed to the hospital board on March 31, 2009.
These three positions are to be filled in 2015.
The Georgia laws governing the Dodge County Hospital Authority states that the hospital may contain a governing board with no less than five members and no more than 15 members.
Interim county manager Bobby Peacock informed commissioners that the Ocmulgee River Water Trail Partnership requested that Dodge County appoint two members and two alternate members to their board.
Commissioner Terry Niblett made the motion to appoint Jimmy Joines and Brian Mullis as members and Glynn Maddox and Donnie Screws as alternates. Seconded by commissioner Jr. Howell, the motion passed unanimously.
The next regular meeting is scheduled for July 1 at 6:00 p.m. and a Special Purpose Local Option Sales Tax meeting is set for July 2 at 6:00 p.m. Both meetings will be held in the courthouse annex meeting room.
The County Commission has appointed and had its candidates approved by the Hospital authority regularly without incident these past 20 years. If the Commission is wrong in the way they made their appointments, the Hospital Authority is wrong in accepting those appointments. The outlined process that has been changed a couple of times during this past 20 years calls for the County Commissioners to send several names for each vacancy. The Hospital authority looks over those names and either picks from the names to fill the appropriate vacancies or declines the potential board members. The County Commissioners then send more names. The Hospital authority picks or declines this second batch. If the potential appointees are declined the second go around, the Commissioners appoint and send one name for each appropriate vacancy and the Hospital authority has to go with these individuals.
I kind of see where Commissioner Karen Cheeks mind is on the current situation. It is a little suspect that the Hospital authority all of a sudden wanted to bring this to the Commissioners' attention only after the Commissioners looked to shake up the Hospital board makeup by appointing someone new, instead of taking the Hospital board's recommended pick.
This backlash every time an appointing organization wants to put someone new on a board is becoming a trend. I understand that the people that are doing the appointing, the County Commission in this case, do not factor in the degree of organizational intelligence that they are taking away from the respective authority when they put a new person on the board. Yes, it will take some time before that new member is up to speed on the past and present. Maybe it is just that many of the authorities in Dodge County seem to have this enclave mindset where they are wary of newcomers upsetting the delicate balance of transparency and knowledge of, to borrow an old saying, "where the bodies are hidden".
I'm not condemning the Hospital board, I'm just sharing my understanding of the current situation. The tipping point for all of this seems to be that the Hospital board was unhappy with the County Commission's choice and utilized a technicality to halt that appointment. If this is not the case and the Hospital authority is a victim of negative public perception,things need to be cleared up a little.
Your other point about Mr. Harrington. I can't do anything but shake my head and hold back a smirk. Mr. Harrington is good to keep all these ducks in a row. That is Dodge County for you. Luckily, we don't have to worry about the two authorities turning to litigation to settle the situation. We need to get some of these young people to pursue law studies so that Mr. Harrington doesn't have to do it all :).
Dodge County operates at its own pace and we sure do get in our own way often. But no matter how much things look like they are just business as usual, things are turbulent just under the surface. When things go still and silent in the county, that is when I worry.
What about the brand new jail? I heard it still can't be opened because the ceiling is leaking. Why doesn't McCranie who whoever is in charge over there call and get the roof fixed?