Emergency Meeting Minutes June 13th, 2023

Call to Order

Board Chairman Bob Parsons called the meeting to order at 7:00pm. In attendance were Board Members Robert Parsons, Robert Gravley, Kim Smith, and Lori Hasten. Also in attendance were Zachary Moser, Roma Jones, and April Greener. Board Member Dennis Floyd was absent.

Purpose of Meeting and Rationale for Less than 24 Hour notice

The purpose of the meeting was to discuss emergency contraception being offered by the Health Center. On the morning of June 13^th, a post describing the available free emergency contraception was published on the Health Center’s Facebook page. Board Member Kim Smith saw the post and requested it to be immediately taken down. When Administrator Moser declined to remove the post, Kim requested an emergency Board meeting with the intention of discussing the service and deciding if it would be allowed or not. Because of the timeframe and urgency of the Board Member’s request, 24 hours notice was not possible.

Emergency Contraception

The floor was then opened. Robert Gravley moved to include in these meeting minutes text messages sent between board members earlier that day. Kim Smith seconded and the motion carried.

As Custodian of Records, Zach reminded the Board that any business discussed or conducted, in whatever form, creates a public record under Missouri Sunshine Law. Thus, the text conversation from earlier in the day was already a matter of public record, but there was no objection to including the conversation in the minutes.

After an explanation of her opinions on the matter, Kim Smith moved to stop handing out and destroy all emergency contraceptive pills in the Health Center’s possession and to take down the Facebook post immediately. The motion died for lack of a second.

Discussion on the issue continued in an open manner. Finally, Kim Smith moved again to stop handing out and destroy all emergency contraceptive pills in the Health Center’s possession and to take down the Facebook post immediately. The motion died for lack of a second.

Kim Smith then tendered her resignation and left. Since the resignation was not on the agenda, it was not considered at that time. Zach was instructed to add it to the agenda for the Thursday night regular board meeting on 6/15/23 at 5pm.

With no further business, Robert Gravley moved to adjourn the meeting. Lori Hasten seconded and the motion carried. Meeting adjourned at 7:29pm.

Attached Text Conversation

Kim Smith: I am very upset that this is being offered.  I want this stopped immediately.   I am totally against any contraception after sex. 

As far as I have know we have never authorized this!! 

We don’t know when conception occurs but I know it is after sex.   I will have nothing to do with any possibility of abortion!!!  There are LOTS of ways to avoid pregnancy before sex.   

Zach Moser: Emergency contraception does not cause abortion. Conception does not occur immediately after sex. It can take days for the sperm to reach the egg or for ovulation to occur at all. Levonorgestrel works just like “regular” birth control in that it stops the release of the egg. No egg=no fertilization=no conception=no abortion.

The only difference between it and regular BC is that it’s higher dose. If it was an abortion pill it would be illegal in Missouri. And it’s not. You can buy it at any pharmacy over the counter. 

Kim Smith: Can take days but can only take hours!!! We don’t know when

Zach Moser: Then the pill won’t work if you’re already pregnant. It can’t cause an abortion. It’s not nearly as effective as pre-sex methods precisely because of that.

Kim Smith: I will have nothing to do with this

I want to see the minutes where this was authorized by the board.

Robert Gravley: While I appreciate the passion and views being important enough to immediately have a reaction on our group chat, it seems to me that it would be better / best to have this covered in and as part of our Trustee meeting agenda – correct?

Kim Smith: Except that the ad is still on Facebook

I want it down immediately

Thus the reason for the group chat

Dennis Floyd: I say take it down, there was no approval for this. Then we will talk about it at the meeting.

Robert Gravley: I am very new to all of this as well as any prior history or board decisions and or direction but that said, it would seem that there are multiple concerns to be covered by the issue of the Facebook posting: 1) To determine if it actually is not an authorized posting of an offering available from the DCHC of which 2) The technical / medical determination of contraception vs. something else, and 3) The full board’s discussion and consideration of such in a legal fashion, i.e., within the public meeting as an agenda item and visible publicly available through meeting minutes. To me that all constitutes good and appropriate reasons to not continuing this conversation in an effectively private manner to an item that surely must be visible from an entire board / public perspective, i.e., legal perspective as an elected board.

Kim Smith: I disagree.  The board has made decisions via group text before.  The post needs to be taking down now.   That’s the only decision

Robert Gravley: Noted: As I said, I am new to this and such decision processes being done by way of a private chat seems like it would not be legally appropriate. That too is something I will have to come up to speed on as well as defer to you / others because of my limited experience and knowledge to process requirements. That said, at a minimum and for the moment it appears that you are suggesting that as a board, we agree to collectively (vote???) make a decision to remove the Facebook posting?

Zach Moser: Bob is correct under sunshine law.

Kim Smith: Zach you can take that post down and wait for Thursday or we will have to call an emergency meeting tonight.  Your call

Dennis Floyd: I thought we had discussed the day after pill in a previous meeting and decided we would not offer that, maybe I’m incorrect on that.

Kim Smith: You are correct

Kim Smith: We have never authorized this

Zach Moser: That must have been before my time.

Kim Smith: According to the ad you just started it.  

Zach Moser: We just started offering FREE. We’ve been offering EC for a long time at a charge.

Zach Moser: There was no motion regarding the subject in any meeting to my knowledge. However, it has been discussed without objection on multiple occasions. In June/July last year we ran a Facebook campaign that included us offering EC for $9. On the mailer we sent out about April it had it on there as well. There was a disgruntled citizen that objected at that time and it was brought to the boards attention without issue.

I had no reason to conclude this would not be permissible. In addition, I feel like this is crossing the line of the role of the Board. The board are not medical experts. My job is to oversee the day to day activities of the health center and to oversee the medical decisions in conjunction with the medical director. We do not consult with the board before making medical decisions.

EC is FDA approved, it is OVER THE COUNTER, it is not abortion, and it is legal in Missouri, a state with a strict anti-abortion law. It is birth control.

I cannot call the emergency meeting, Bob P needs to do that. Even though any decision made in chat needs to go through a regular meeting, I will abide by whatever decision the majority decides here in chat.

This is the record of the disgruntled citizen and the boards response at that time.

Kim Smith: You can call me dumb all you want.  I want nothing to do with this. 

Zach Moser: Well that isn’t my intention and I apologize for Sandra’s choice of words. You’re certainly entitled to your opinion and I respect that. My issue is that only the whole board can make these kinds of decisions and it’s clear to me in the past that this was allowed.

Robert Parsons: As chairman I will call for a special meeting tonight at 5:00 IF;

1) that is the will of the majority of the board

2) a quorum is attainable

Robert Gravley: Thanks Mr. Parsons! I was / am not comfortable about the manner in which this item is being addressed, i.e., on a private chat with all board members. I am available for a meeting this evening at 5PM.

Kim Smith: I will be back in town at 6:30-7.

Dennis Floyd: 5 is not possible for me

Robert Gravley: I can and will meet at any time that works for Kim / the board at large!

Zach Moser: 6:30 or 7 would work better for me as well on short notice actually. Have to get my kids by 5 and my wife doesn’t get off until 6pm.

But I will  figure it out no matter the time

Robert Parsons: Ok, let’s change the 5:00 to 7:00. I only selected that time as per our normal meeting time.

Robert Gravley: That woks for me.

Lori Hasten: That will will work for me 👍🏻

Robert Parsons: Special meeting of the DCHC Board of Trustees is called for tonight at 7:00 at the Health Center to address the Emergency Contraception issue.