SHELBY — The Shelby Health Department’s process of investigating COVID-19 complaints was dissected at Shelby City Council on Monday night, with some councilmen calling for change.
Council passed the first reading of an ordinance to bring structure to the process of investigating a complaint of nuisance for the health department. The vote was 4-1 with Councilman Garland Gates voting against.
The legislation, authored by Councilman Nathan Martin, states, “procedure and process is fundamental to the necessity for proper due process and Constitutional protections” and “the health department is failing to keep proper records of those filing complaints and this is a result of a vague law and also a potential desire to skirt public records law.”
“There’s not a standardized process and not a good record to see previous behaviors and violations,” Martin said. “This puts into place a reporting mechanism to strengthen that protocol at the health department.
“It’s something that is badly needed for due process for all those involved who have to deal with complaints to the health department.”
According to Martin, the impetus of the legislation came from his own curiosity of the department’s handling of the COVID-19 pandemic. As of May 28, one Shelby resident has tested positive for COVID-19. The individual is receiving ICU treatment and is being monitored by the Shelby City Health Department.
Currently, this is the only case being monitored by the department. Fifteen cases have attained recovered or resolved status.
Martin said after receiving a public records request from the health department, he realized the reports he received were not very structured.
“I’ve said from the beginning of this, when you’re at a crisis point it’s more important you follow the rule of law,” he said. “The law cannot become wishy-washy during a crisis. During this time, we have to cross our T’s and dot our I’s better.”
If passed, the legislation would require the health commissioner of Shelby to record for public record the name of the complainant, the complaint, and the outcome of the investigation. It would also require the health commissioner, or a designee of the health department, to investigate all complaints as soon as possible.
“He or she shall make such reports to council as council may from time to time require,” the legislation reads.
Shelby Mayor Steve Schag also serves as head of the health department, appointing all staff and overseeing all health department operations. Dr. Ajay Chawla currently serves as the health commissioner and medical director, and Beth Conrad serves as the director of environmental health.
Schag said while the health department has a set complaint process it follows, the COVID-19 crisis threw the department for a loop.
“I would say in this regard, I don’t know any employee in this city who works harder than Beth Conrad,” Schag said. “She takes her job seriously.”
Schag noted that COVID-19 complaints do not yet have a designated form for documentation. As COVID-19 complaints came in, Schag said Conrad would record those specific complaints in a notebook, then either herself or Schag would follow up.
“I don’t want to have the wrong idea here; COVID-19 complaints were documented, but in hindsight probably not properly,” Schag said.
Gates noted Conrad is diligent in giving health department reports to the safety committee, of which he is a member. The committee is chaired by Councilman Derrin Roberts.
“This may have a chilling effect on people who wish to report nuisances and what have you in their neighborhoods,” Gates added. “There may be a fear of neighbors as vindictive, or people who want to take retribution, so that’s a concern with this ordinance.”
Martin noted he consulted with city law director Gordan Eyster about whistleblower protections, especially in cases of employees filing against their employers. Councilman Charlie Roub, who served as the city’s police chief before his election on council, noted similar situations come up when filing police reports.
“Most information in police reports must be released as public records as well. Anybody that files a complaint should be aware that there’s that possibility,” Roub said.
“In my experience, I don’t see we’ve ever had a problem with that, and there’s also processes in place to protect complainants who feel they might be subjected to violence or repercussions. I don’t see that as an argument.”
Currently, citizens can submit environmental health complaints via a portal on the Shelby City Health Department’s website. A public health nuisance is defined on the site as “environmental situations that have the potential to cause the spread of disease.”
“The purpose of the public health nuisance programs is to eliminate unsanitary conditions in the community that pose potential hazards to the public’s health,” the site states.
To file an official environmental health complaint, the complainant must complete a form requiring their first and last name, address, telephone number and email address, and the nature of the complaint. Complaints are then referred to the director of environmental health for investigation and follow-up.
According to the health department’s site, “the information provided, including your name, will remain confidential unless a case goes to court.”
