A board of trustees member has filed a lawsuit against Perry County Health System in Missouri asking a judge to require the system to release documents through the state's open records act, The Southeast Missourian reported Nov. 16.
Joe Hutchison requested the documents from the private nonprofit executive board that oversees operations of PCHS after a previous request to the hospital system for documents was denied. Mr. Hutchinson serves on the board of trustees, an elected board that oversees the allocation of Perry County's hospital property tax.
According to the report, Mr. Hutchison seeks copies of meeting minutes detailing the people who voted, abstained/recused to place the system's CEO Patrick Carron on leave in 2020; copies of meeting minutes detailing the people who voted, abstained/recused to hire or otherwise offer or extend a contract/job offer to Mr. Carron from Jan. 1, 2010, to Dec. 31, 2018; and copies of meeting minutes where Tim Brewer's removal from the board was discussed and/or voted on. He is also requesting copies of meeting minutes that authorized Mr. Brewer, former board president, to sign and/or extend a contract to Mr. Carron, as well as copies of meeting minutes where conflicts of interest were discussed and/or voted on from Jan. 1, 2018, through Dec. 31, 2019.
Mr. Hutchison is asking a judge in the Perry County Circuit Court to rule on whether the hospital system is a quasi-public governmental body and therefore subject to Chapter 610 of the Revised Statutes of Missouri, the foundation of the state's open records act, known as the Sunshine Law, The Southeast Missourian reported. He alleges that the hospital system knowingly and purposely violated the Sunshine Law and should pay civil penalties for each violation. The lawsuit also requests that the hospital system pay for attorney fees and costs.
The hospital system contends it is not subject to the Sunshine Law, as it is a private nonprofit run by a volunteer board of directors.
"PCHS stands by its 25-year history, bylaws and understanding that it is not a governmental body and the requested records are not public," Ben Askew, an attorney who is representing the hospital system, said in a statement shared with Becker's. "The directors are disappointed that despite many attempts to discuss and resolve this issue, the plaintiff chose litigation. While PCHS will present its position in court, this unfortunate lawsuit will use limited resources otherwise intended to benefit the community."
It comes as Perry County Memorial Hospital in Perryville, Mo., and Perry County Health System integrated with Chesterfield, Mo.-based Mercy under a lease agreement effective Oct. 1. Mercy operates and manages the county-owned hospital under the name Mercy Hospital Perry.
Read the full Southeastern Missouri report here.