December 13, 2012 - Minutes

Members Present

Ms. Viola Poletes Montgomery (Chair)
Mr. David Bolton
Ms. Denise Brown
Ms. Patricia Coderre
Mr. Al Edmondson
Mr. Marcel Meyer (Vice Chair)
Mr. Stephen Orser
Mr. Ian Peer
Ms. Nancy Poole
Mr. Mark Studenny

Regrets

None

Others Present

Mr. Wally Adams, Director, Environmental Health and Chronic Disease Prevention Services
Ms. Diane Bewick, Director, Family Health Services
Ms. Melody Couvillon, Manager, Operations and Procurement    
Mr. Dan Flaherty, Manager, Communications
Ms. Lynn Guy, Executive Assistant, Medical Officer of Health & CEO
Dr. Stewart Harris
Dr. Beth Henning
Mr. Iqbal Kalsi, Manager, Environmental Health
Ms. Doreen McLinchey, Past Board of Health Member
Mr. John Millson, Director, Finance and Operations
Mr. David Pavletic, Manager, Environmental Health
Ms. Gayle Riedl, Manager, Human Resources and Labour Relations
Ms. Sherri Sanders, Executive Assistant to the Board of Health (Recorder)
Mr. Fatih Sekercioglu, Manager, Environmental Health
Mr. Rick Shantz, Director, Information Technology
Ms. Deb Shugar, Manager, Family Health Services
Ms. Linda Stobo, Manager, Chronic Disease Prevention Services
Ms. Trudy Sweetzir, Communications Assistant
Ms. Louise Tyler, Director, Human Resources and Labour Relations Services
Dr. Bryna Warshawsky, Acting Medical Officer of Health & CEO and Director, Oral Health, Communicable Disease & Sexual Health Services

Media Outlets

Mr. Craig Gilbert, London Community News
Mr. Jonathan Sher, London Free Press
Ms. Viola Poletes Montgomery, Chair, Board of Health, called the meeting to order at 6:00 p.m.

Disclosures of Conflict(s) of Interest

Chair Poletes Montgomery inquired if there were any disclosures of conflict of interest to be declared. None were declared.

Approval of Agenda

It was moved by Ms. Coderre, seconded by Mr. Meyer that the Agenda for the December 13, 2012, Board of Health meeting be approved.

Carried

Approval of Minutes

It was moved by Mr. Bolton, seconded by Ms. Brown that the Minutes of the November 15, 2012 Board of Health meeting be approved.

Chair Poletes Montgomery introduced and welcomed new Provincial Appointee, Mr. Ian Peer, to the Board of Health.

Reports

1)   Report No. 140-12  re “Update on the Shared Services Review – December 2012

Dr. Bryna Warshawsky, Acting Medical Officer of Health & CEO, introduced Mr. John Millson, Director, Finance and Operations, to assist Board members with their understanding of this report.  Mr. Millson reported that the consulting firm that will be conducting the review, PricewaterhouseCoopers, has prepared a draft project plan. On December 10^th, Health Unit staff members met with PricewaterhouseCoopers to discuss and review the draft plan.  Subsequent to this discussion, suggested changes are being incorporated into the draft project plan. When the suggested revisions are made, Health Unit staff will share the draft plan and meet with staff members from the County of Middlesex and City of London. Health Unit staff members will present the draft project plan for review and approval by the Board of Health at its January 17, 2013 Board meeting.

In response to a question about the estimated cost of the review, Mr. Millson indicated that the project plan envisioned three phases for the project. Phase 1 and 2 involve collecting and analyzing relevant data and making preliminary recommendations. The estimated cost for these two phases is between $65,000 and $75,000. Phase 3 involves providing detailed analysis of the options regarding shared services that the Board of Health would like to explore further. The cost of this phase will depend on the options selected for further exploration.

It was moved by Ms. Brown, seconded by Ms. Coderre that Report No. 140-12 re “Update on the Shared Services Review” be received for information.

Carried

2)   Report No. 141-12 re “Board of Health Draft Code of Conduct”

Ms. Coderre advised the Board that information relevant to the discussion of the Code of Conduct was discussed in camera at the September 13, 2012 Board of Health meeting. 

It was moved by Ms. Coderre, seconded by Mr. Orser that information addressed at the September 13, 2012 Board of  Health meeting, specifically pertaining to the development of the Code of Conduct, be discussed in open session at the December 13, 2012 Board of Health meeting.

Carried 

Dr. Warshawsky was asked to review what was discussed during the in camera portion of the September 13, 2012 meeting that is relevant to the development of the Code of Conduct. She indicated that at the September 13, 2012 in camera session, a matter of solicitor-client privilege was discussed. She noted that this is permissible as per Section 239 of the Municipal Act. At the September 13 meeting, Mr. David Woodward, the Health Unit’s solicitor, noted that the Accountability Agreement requires a Code of Conduct for all levels of the organization. At the September 13 meeting, Ms. Poletes Montgomery indicated that there is a Code of Conduct for the Health Unit but not one that is specific to the Board of Health. She indicated that staff has begun work on preparing a Code of Conduct and that it would be presented at the October meeting. Dr. Warshawsky indicated that the draft Code of Conduct was not ready in October or November and so is being presented at this meeting.

It was discussed that the article published in the December 13^th  London Free Press about the Code of Conduct requires a response from the Chair of the Board of Health.  A Vox Pop response was discussed as the best option to respond. Dr. Warshawsky indicated that the usual Health Unit distribution mechanisms could also be used to distribute the response.

It was moved by Mr. Peer, seconded by Mr. Orser that the Board of Health respond to the article in The London Free Press (December 12, 2012 online; December 13, 2012 in the paper) about the Middlesex-London Health Unit, by preparing a Vox Pop for submission to The London Free Press.

6 For 3 Against

Carried

Dr. Warshawsky assisted Board members with their understanding of Report No. 141-12 as Mr. Ross Graham, Manager, Special Projects, who prepared the report and worked on the draft Code of Conduct, was unable to attend the meeting.  A copy of the PowerPoint presentation is filed with the minutes.

Dr. Warshawsky explained that Mr. Graham had reviewed the Codes of Conduct from several other organizations and also reviewed the literature. The research revealed 11 keys issues that should be covered in a Code of Conduct. Mr. Graham prepared a first draft of the Code of Conduct which was then passed on to the Health Unit’s Solicitor for legal advice.  

Dr. Warshawsky explained that the Code of Conduct states that Board members have a “fiduciary duty” to the Health Unit, meaning they are acting on behalf of the Health Unit and so are in a position of trust and must act in the best interests of the Board of Health and the Health Unit.

The following feedback was provided by Board of Health members on the draft provided as Appendix B to Report No. 141-12:

Section 1)  Acting in the Best Interests of the Board of Health and Health Unit:

• A question was asked as to whether or not “acting in best interest of Board of Health and the Health Unit” should be acting in the “best interest of public health”.  

Section 3)  Real and Perceived Conflicts of Interest

• There was discussion about the wording under the 3rd bullet “must disclose when they are not prepared to disregard” as six members of the Board of Health are elected officials.

Section 4)  Serving on Other Boards

• Concern was expressed about what to do if a Board member serves on two boards and receives confidential information on one Board that is relevant to the other Board. Dr. Warshawsky clarified that the Code states that if a Board of Health member has a conflict with respect to Confidential Information, the Board of Health member should seek legal advice.
• There was a discussion about the difficulties of serving on two Boards that may have conflicting views. It was noted that when sitting on each Board, the member is required to do their due diligence in considering the matter from the perspective of that Board. It is possible that they will come up with the same or differing opinions as member of each Board. It was noted by a Board of Health member that several Board members served on the Board of Health for many years and were elected officials from either the County of Middlesex or the City of London; they were able to serve effectively on both bodies simultaneously.

Section 7)  Interaction with Staff Members

• Concern was expressed about the need to go through the Medical Officer of Health to contact staff. It was discussed that this is standard on other Boards, including the Police Services Board. It was clarified that asking Board members to make requests through the Medical Officer Health was to enable her/him to coordinate the request and provide background information to the staff member about the request, not to preclude the request.  It avoids putting staff in a difficult position when contacted directly by a Board of Health Member.  It was noted by Dr. Warshawsky that this Section would be modified to address direct interactions with the Executive Assistant to the Board of Health regarding the administrative functions of the Board and also as a means of reaching the Medical Officer of Health.

Section 11)  Compliance

• Dr. Warshawsky clarified that according to the Health Unit Solicitor, unlike municipal councils, the Board of Health cannot call in a third party (such as an Integrity Commissioner) to deal with compliance matters. Therefore, the Board of Health must govern itself.
• It was suggested that under “Informal Complaints” – “any person” should say “board member”
• It was discussed that in the “informal complaint” process, both parties should keep a written account of the situation for future reference, if necessary.
• It was discussed that in the “formal complaint” process – point d) (which requests the resignation of the Board of Health member, but is not binding) should be deleted. 

Dr. Warshawsky asked all Board of Health members to continue to review the Code of Conduct and to forward any further comments to the Executive Assistant to the Board of Health. Staff members will present a second draft to the Board for review and if needed it will be brought back again until the Board of Health feels comfortable with approving it. Board members will be provided with examples of Codes of Conduct from other Boards, including local ones, for comparison as requested at this meeting.

It was moved by Ms. Brown, seconded by Mr. Orser that Report No. 141-12 re “Board of Health Draft Code of Conduct” be received for information.

Carried

3)  Report No. 142-12  re “Extension of Membership on Medical Officer of Health Recruitment Committee”

It was moved by Mr. Orser, seconded by Mr. Studenny that the Board of Health endorse continuation of the membership of Ms. Patricia Coderre on the Medical Officer of Health Recruitment Committee until the work of this committee is complete.

Carried

4)  Report No. 143-12  re “Covent Garden Market Local Foods Calendar 2013”

It was moved by Mr. Bolton, seconded by Mr. Edmondson that Report No. 143-12 re “Covent Garden Market Local Foods Calendar 2013” and copies of the calendar beforwarded for information to London City Council and Middlesex County Council.

Carried 

5)  Report No. 144-12  re “Medical Officer of Health Activity Report November 9 to December 5, 2012”

It was moved by Mr. Edmondson, seconded by Ms. Coderre that Report No. 144-12 re “Medical Officer of Health Activity Report November 9 to December 5, 2012” be received for information.

Carried

Dr. Warshawsky advised the Board of the significant amount of illness in the community, both influenza and diarrhea and vomiting. She indicated that there is a lot of school absenteeism due to illness.

In response to a question about the shingles vaccine, Dr. Warshawsky reported that the vaccine is not publically funded; however, people aged 50 years and over can receive the vaccine at the Health Unit’s Immunization Clinic. The vaccine must be paid for by the client or some health insurance plans will cover the cost of the vaccine. The vaccine will reduce the chances of getting shingles, and if shingles does occur, it can be less severe in those who are vaccinated.

6)  Report No. 145-12  re “2012 Budget – Third Quarter Review”

It was moved by Mr. Edmondson, seconded by Ms. Coderre that Report No. 145-12 re “2012 Budget – Third Quarter Review” be received for information.

Carried

Other Business

On behalf of the Board of Health, Chair Poletes Montgomery presented Ms. Doreen McLinchey (former Board member) and Ms. Patricia Coderre (who is attending her last meeting), with plaques to recognize their years of service on the Middlesex-London Board of Health.  Their significant contributions to the work of the Board of Health were acknowledged.

Next scheduled Board of Health Meeting – Thursday, January 17, 2013 at 7:00 p.m.

Correspondence

There were no questions re correspondence.

Adjournment

At 7:34 p.m., it was moved by Mr. Edmondson, seconded by Mr. Studenny that the meeting be adjourned.

Carried

VIOLA POLETES MONTGOMERY
Chair

BRYNA WARSHAWSKY
Secretary-Treasurer